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Mountain

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  1. PS It is due to Home retail Group that I defaulted as I have been unable to get a written response from them for almost a year! So in reality they issue me defaults because they have been unable confirm my payment and set up a direct debit. Only so many times you can write the same letter to the same company saying please can I pay and please can you send me a direct debit form!!! Profoundly ironic that I'm having to chase these incompetent jokers trying to pay!
  2. Should they have issued a default when the account was in dispute and under investigation by the FOS? Tried him before. Didn't work. The other contact that did try to resolve issues is on leave until the end of the month. Unfortunately, as I said, despite my efforts the continued incompetence of the complaint handlers has delayed any resolution by 8 months at least. Not sure why trying to pay is proving so fruitless. Only default I have is from Home Retail Group. Surprised it has had such a catastrophic effect on my credit rating!
  3. Hi, The other year I was continuously 'locked out' of my Argos/ Home Retail Group account. Unfortunately I had to have emergency spinal neurosurgery so had other more important things on my mind. During my recovery I wrote to them several times explaining the scenario...I was on sick pay with a protracted recovery time. Home Retail Group initially ignored me, sent me demands, lost 3 income/outgoings finance forms. Then attempted to charge me a whole years interest for a card that due to being locked out I was unable to access. So, to cut a long story short, the FOS found in my favour, made them refund the interest, and left us to arrange a reasonable payment. Fair enough from my perspective. However...that was last December. I'm back in work, but in a reduced capacity.....worse off financially. I have now written 4 times offering a very reasonable payment. All I get in response is 'please contact us by writing to make a re-payment offer'. Erm I have 4 times. SO that is the never ending saga. However....having spinal cord damage, and hence mobility issues I rely on my car for everything, including getting to work. I need new tyres. So I tried to pay monthly via a tyre company. I figured taking the hit of the interest over a year was preferable to shelling out all in one go. I was turned down. Now despite a few wrangles with unscrupulous companies (usually due to them messing things up) I've always had a very good credit rating. Always good when checked via experian etc. I have never ever had any issues with obtaining credit. Checking my credit file for the first time since before my big operation, I find out I have a poor credit score wholly due to Home Retail Group issuing endless defaults. They issued defaults when I couldn't access my account(FOS ruled in my favour) and also for every month since last December when I have been asking them to sort the payment out and send a direct debit form. I've written today asking them to redact these alleged defaults. However...knowing Home Retail Group the letter will be ignored or they'll pretend it didn't arrive.....as with seven previous written communications sent to them. What I could do with is the email address of Home Retail Groups head of complaints. Anyone have this? Any other ideas? I'm now looking at driving to work in the North with almost bald tyres due to Home Retail Group sabotaging my credit rating. I can't walk very far, so if I get stuck in the snow I'm stuffed.
  4. Hi, Yes, I previously had to argue & get the FOS involved regarding that. Erudio will, and do try to get away with counting it as income. They also, contrary to the SL Act & T&C, stated that DLA was not proof of disability and they needed a letter from my GP!!!! Both statements from Erudio were blatant lies. I can however imagine most people, especially those with disabilities just giving in and paying up sue to the lies & bullying. When I took out the student loan I was of course aware there was provision for both disability & low income in the T&C. That's what I signed up to. I didn't exactly plan to get a spinal cord injury & reduced earning capacity at the time. Anyway to update. I have written to them again stating under SL Act & T&C I consider myself to be deferred for 36 (which I clearly requested & supplied all necessary documentation for). I therefore consider us to be in a position of deadlock & invite them to address the matter via a court of law. If they do so I will of course issue a counter claim for the 2 years of stress & harassment I've had to endure from the callous, bullying morons.
  5. Cheers. Well, I've beaten them once so... The problem is they were extremely crafty. The agreed to 'the deferral'. A 36 month deferral was always requested and referred to, but not specifically in the final FOS agreement. I have around 20 emails in my file in which 36 month deferral is requested, along with emails demanding information they are not entitled to i.e. medical information. Plus a number of emails give erroneous information & contradict each other. FOS have asked them to clarify but they have changed phone numbers and do not respond to the FOS email. I would actually love to put my file in front of a judge & let them see what a devious, bullying, manipulative shambles Erudio are. The T&S and Student Loans Acts are very specific and relatively idiot proof. I don't think any judge in the land would buy their dodgy unlawful re-interpretations'. I doubt they will ever attempt a court case. Think of the implications a successful test case would have Regardless, the matter stands. I'm in receipt of DLA and earn below the threshold. They must grant a deferral. However, as anyone who has dealt with them will know, they will try every dirty trick in the book. Jeez, I was recovering from major spinal surgery and those morons were attempting to bully me with relentless phone-calls (which they conveniently had no record of).
  6. Hi, I'm one of the many that Erudio have tried to [problem]! 1997 Mortgage style loan. Never a problem with SLC. Never earned over the threshold and have deferred every year. As I'm registered disabled and in receipt of DLA (lifetime award) and earn below the repayment threshold (just!) I applied for a 36 month deferral under the T&C. in 2014. This year, after a year or so of belligerence and a FOS complaint Erudio agreed to backdate my deferral and were ordered by the FOS to pay me 100pounds compensation. (Erudio also lie through their teeth & make the 'rules' as they go along. They would surely be laughed out of court) . They even argued that my DLA cert was invalid. However, Erudio fight dirty! Despite this they are now stating I have to apply for deferral again this year (& every year) and they state they never agreed to a 36 month deferral. Furthermore they are now just blanking the FOS and will not respond to them. I have written to them stating in accordance with the T&C I consider the deferment valid for 36 months and will not be paying anything until 2017. To which I get a 'we have closed our complaint' letter, followed by a deferment form & a 'you owe 200pounds' letter. So....this year. I earn below the threshold for 2015-2016 & my DLA award still stands. (Interestingly they have a section for child benefit & child tax credit. I do not receive these- my wife does!) If I apply for a deferral & it is accepted this will take me beyond my 50th birthday & as I have no arrears the loan will be written off....or rather should be. Or I could hold me ground re. the 36 month deferral. This would mean taking out a further deferral until my 5oth birthday in 2018. It strikes me Erudio will try anything to turn down a deferral application however. I simply do not trust them based on my dealings with them previously. Anyone had dealing with Erudio re. disability? Anyone successfully awarded a 36 month deferral? Any thoughts as to which option to go for. i.e. Send off deferral form, wageslips & DLA cert (again)? Or dig in until 2017? I have actually stated that I'm willing to address the matter in court as I believe they have breached original T&Cs.
  7. Hi, I have sent a letter before action to test the water! So I'll see what the response will be. Regardless, I'll also be sending a detailed report to the FOS, as now I'm going to issue a complain against CARS. Will see what happens. Thanks
  8. Hi, I'm afraid I'm going to resurrect this thread. Basically , after the FOS investigation the insurance company have admitted fault and offered me a rather paltry amount as a 'goodwill gesture'. So, this brings me back to CARS. They have attempted to bully me into paying a disputed, illegal and now it seems non existent dept. I'm thinking of taking them to court for the stress caused by their constant harassment. What do you guys think?
  9. The latest "Thank you for your email. I can confirm that an agreement has been posted to you which include the terms and conditions you have agreed to. Our client Budget, as the Insurer, is bound to the contract by sending out the policy documents including the terms and conditions. As the customer you are bound to the contract by paying the deposit, first instalment or by promising to pay. If you have signed up to the policy on the internet you have the option to download the contract in addition to the copy which was posted to you. If you would like to make a subject access request we will require a payment of £10 in line with the Information Commissioner Office. Your account is on hold for 7 days to allow for your agreement to arrive. " So, they did not supply any documentation within the 12 working days allocated. Also, prior to this Budget also did not supply me with any documentation whatsoever and I informed them I coinsidered the accounbt was in dispute. So Budget passed on a disputed debt and failed to supply me with any documentation. CARs have failed to provide any documentation within the time limit and a pursuing a disputed debt. In the highly unlikely event that either takes me to court for £142, I think they will most likely fail. As stated earlier, the online documentation re. T&Cs was never available and I have screen printouts of the 'documentation unavailable' messages too.
  10. Hi, Just got home and guess what. A letter stating... HOME AGENT VISIT BECAUSE OF YOUR RELUCTANCE TO DEAL WITH THE OUTSTANDING ACCOUNT YOU HAVE LEFT US NO ALTERNATIVE BUT TO INSTRUCT A DOORSTEP AGENT TO ATTEND YOUR PREMISES. ....TO ASCERTAIN YOUR ABILITY TO PAY OR CONDUCT A PRE-LITIGATION REPORT WITH A VIEW FOR LEGAL ACTION TO COMMENCE.
  11. So here we go again with CARs. I amended my letter to CARs slightly asking for copies of the online 'transactionst etc. and gave them 14 days to respond. They did not. They tried phoning loads of times so I formally requested they stopped phoning me and coresponded by letter or email. Anyway, I have an email today, a month later stating they have asked the insurance company to send me a copy of the policy. This is clearly not what I asked for. I originally asked my insurance company for copies of the online transaction and proof the T&Cs stating the short term rates were available online- which they weren't....which is why they could not provide them and passed the alledged debt onto CARs while it was still in dispute. I believe passing on a disputed debt to a collections agency is not legal- is this correct? Anyway, as CARs did not respond with the information I requested within the timescale are they still allowed to attempt to recover this alleged debt?
  12. Ah yes that's the one, I posted earlier about the insurance. It also seems that others have not been able to access the terms and conditions online too!
  13. Basically I had a car insurance policy done online. The certificate was emailed to me but the policy details were available online...except they never were available online. I printed off a few screenshots of the documents unavailable message as I was a bit annoyed by this. I eventually cancelled the policy which had been automatically renewed. They attempted to charge me 'short term fees' detailed in the documentation 'available online' which it never was!!! I had a lot of communication with them regarding this asking them to provide me with details of my online log-ins and to prove that the online terms and conditions were available to me. They failed to supply any details. My arguement was basically that I couldn't have agreed to terms and conditions that were not available. As far as I'm concerned I haven't had an adequate response from the insurance company. Now many months later I'm getting calls, texts and letters from CARS. To be honest it seems a lot of trouble to go to for a relatively small amount of cash.
  14. Response to last letter: As detailed in my previous communication please comply with the Consumer Credit Act 1974 (Sections 77−79) notably s.78 (1) Consumer Credit Act 1974. I will not enter into any further communication with you unless you fully comply with your obligations under UK law. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. If you have not complied within the legally binding timescale I will consider the matter closed. Regards
  15. 1st letter. I do not acknowledge any debt to your company or its clients. The insurance policy was not renewed by me and therefore the supposed debt is still in dispute. The company has not yet supplied me with the information I requested regarding this matter despite them being legally obligated to do so. I have post office date stamped copies of my previous communications. The company is therefore acting illegally by passing an alleged debt on to a collection agency. With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I are entitled to receive a copy of our credit agreement on request. I understand a copy of our credit agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I look forward to hearing from you.
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