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  2. If you don’t want to discontinue before they pay, and they won’t pay before you discontinue: Just let the claim continue for now. You can suggest a Tomlin order (“Consent Order”), drafted at their cost, as a later way to resolve that impasse - that may make them see sense.
  3. Today
  4. Hi Taximan I will respond to this tomorrow at a better time - Ill have a further response for you.
  5. A few years ago I had a lot of cheque cashing loans rolled over with the Money Shop. I only found out very recently that these are still classed as pay day loans and are therefore claimable for irresponsible lending. I sent them the SAR which I recieved, and then the complaint. After a bit of padding out they have sent me their 'final response', which is copied below. Could someone please advise me how I should proceed. Many thanks Thank you for taking the time in bringing your complaint to my attention on 04 Apr 2019 and for giving me the chance to put things right. I have now finished my investigation. complaint Please read this part carefully as I will explain how I understand your complaint. This is important in how I have reached my decision: We received your complaint via email on 04/04/2019. You believe that the loans were mis-sold to you by Your us. You claimed that the loan payments which you paid to us left you with too little money and that the loans were unaffordable. You claimed that you not afford these loans and after making the repayments to us, you had to borrow again to get through the next month. You claimed that we should have realised from the number of times you borrowed that your debt problems were getting worse and it was not responsible to continue to lend to you. Your lending took place between 10/03/2008 and 28/12/2012. My Decision: We handle complaints following rules set out by the Financial Conduct Authority (FCA). One rule is that a customer must complain within 6 years of the problem. Another rule is that if more than 6 have passed, you must complain within 3 years of knowing you could complain about the problem. I can see that all of the loans that you are complaining about are more than 6 years old. So for me to consider these loans, I need you to tell me why you didn’t complain about these loans until now. Next Steps: I appreciate that this may not be the response you may have been hoping for but I hope you can see how and why I have come to my decision. If you are not satisfied, you may also ask for an independent review by the Financial Ombudsman Service. You have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. Please also see: www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm A leaflet from the Financial Ombudsman Service, “Your Complaint and the Ombudsman” is available by post only; please contact us if you would like a copy to be sent to you. If you have any queries, please do not hesitate to contact us either via telephone or email using the details below and quoting the Case Reference number above. Our telephone opening hours are from 9am to 5pm Monday to Friday. Yours faithfully, Customer Relations Department T: 0800 280 2548 E: customerrelations@themoneyshop.co.uk The Money Shop is a trading name of Instant Cash Loans Limited. Instant Cash Loans Limited is a company registered in England and Wales, Company Number 2685515 Registered Address: 6 Bevis Marks, London EC3A 7BA Regulated by the Financial Conduct Authority in relation to credit-related activities. VAT Registration Number: 896 1022 16 *Please note that for training and security purposes, telephone calls may be recorded Letter Code - FRL
  6. Yesterday
  7. Yep they are jokers. But with a bit of stalking on linkedin and some digging i managed to find the emails of the key people who head up customer service. Needless to say i was taken care of very quickly. Can the admin please make this a sticky for anyone else dealing with parcel2go? n.schofield@parcel2go.com g.iveson@parcel2go.com Stephen.benson@parcel2go.com
  8. Wow... made a complete hash of trying to reformat this after accidentally hitting post before I'd finished. Post above can be deleted if needed. Then things started to become difficult Obviously I'm not going to withdraw until I receive payment, so I completed N205A requesting Judgment on Admission and including their admission forms they sent to me. I was also mailed a copy of the companies accounts. I'm happy to upload these but I believe they are what is freely available over at Companies House. Sent off the docs to CCMCC and expect to have the Judgment in the next few days. I'm not sure I fully accept they panicked and considered themselves out of time, because they replied to the claim a day before the forms were considered as Served by CCMCC. I think though, that rather than a discontinuance from my side on payment, to get a judgment may be beneficial to others in the future. I'll update this as soon as I have payment or an update from the courts. I'd call this a win!
  9. Hi Just had a wee look at this and I think if you have not already done so you need to inform the following and keep a good paper trail as you are doing: 1. Police/Action Fraud (get a Crime Ref Number). 2. Trading Standards. 3. FCA (as Damaras Ltd, Trading as Payza.com had there EMD Revoked by FCA on 12/07/2018) 3. Companies House (as they are looking at a Proprosal to Strike off MH PILLARS LTD Companies House link - MH PILLARS LTD: https://beta.companieshouse.gov.uk/company/06243643 Damaras Limited has simply changed its name to Peridea Limited but it is still the exact same company number 8029472 and Address FCA - Damaras Limited: https://register.fca.org.uk/ShPo_firmdetailsPage?id=001b000000m4IXPAA2 Companies House link - PERIDEA LIMITED: https://beta.companieshouse.gov.uk/company/08029472 (go to bottom of webpage and look at the previous company names) PERIDEA LIMITED above I can find nothing in searching the FCA (so let the FCA know this is Damaras Limited as the FCA revoked there EMD) and if this new company is actually registered with them)
  10. So an update on this, seems the CCMCC did issue the claim form but didn't serve it because the address was missing on the form. After reviewing my N1 I didn't understand and it seems that the copy / paste from Companies House made the address a c/o address and CCMCC don't like serving to those. So I wrote an email to them which stated the following: This was presented to a Judge who granted the request and the forms were served. I then had correspondence from Loco2 Ltd I did not initially respond to this as I was away with my partner at the time and as I don't get to see her often I keep all admin / gaming community matters to emergencies only. This possibly turned out to my advantage as I received this further response the following day: I responded agreeing to settle out of court.
  11. ok good let it run then. I've sent you a PM with a secure email send me the scans of the complete CCA return please see if can get them up... dx
  12. read it carefully it doesn't say WILL anywhere.??? they must follow PAP letter rules now
  13. No not too tough at all, I think I just used a bad way of writing this out. Indeed I'm well versed in CRA 2015 and thought my post would allude to that. But maybe I didn't write it very clearly so my apologies for that there. This was more a documentary style posting than a request for help so I'm sorry for any confusion on that point. I was also more documenting this issue mainly for my own recollection at a later point but also for those who may be told the same in another Three store. I'm sorry if I didn't make any of this clear. The store is Hutchinson 3G Limited or Three as they are better known: http://three.co.uk/ I did a web chat with 3 while waiting for my train home who also confirmed the policy from the store manager was wrong and that it is 30 days to return a faulty handset for a replacement and not 28. On learning this I made the conversation a complaint that I was being given incorrect information on multiple occasions. I had attempted to get this issue resolved in a different store the previous week where they changed the SIM Card for me. CRA 2015 was not discussed at this point and was told if that didn't work then to call 333 from the handset. Again I knew this was wrong but took the replacement SIM card in good faith as it may very well have resolved the issue. Unfortunately it didn't. I then contacted Three again and was palmed off to the manufacturer. The manufacturer accepted my case but suggested me going back to Three under CRA 2015. I today went to assert that right and was told both the manufacturer and Three Customer Service were wrong. I remained calm and asked for proof that I had been in the store today. Manager just gave me his name and I made a note of the time I was there and pointed to a CCTV camera in case a SAR would become necessary if Three tried to suggest otherwise. As it happens I received a phone call after registering my complaint from the lady in the webchat with Three who had spoken with her manager and confirmed the store was wrong, that she could also see I was given incorrect information on a number of occasions and that under no circumstances should the store have given me a document with another customers details on. She went on to confirm that she had arranged a replacement handset was being couriered to my home address next week and that it would be a drop and swap type replacement. I accepted this, Just as I was about to explain the wasted journey costs the agent said she was waiving 1 month bill charges for the inconvenience caused. So seems a resolution is very well on the way. I'll update this as resolved once I have the new handset and bill credit in my hands.
  14. No i have not changed address in 20 plus years. The letters however threw me as out of the blue and i was worried about court action messing up my credit file again. I dont see letter of/before claim but i do see we will issue court proceeding for the full sum in seven days!. I do think thought the debt isnt barred 6 months left maybe ,trying to track it down as most paper work is scraped.
  15. as long as the letter is not entitled letter of/before claim' you are safe to ignore it... however, have you moved since taking this card out and have not/did not since inform in writing to either MBNA or a DCA that you moved...thus they have from YOU notification of your correct address? dx
  16. Mine does have a date on top right - 18th March.
  17. Hi there , Received a letter from gobal arrow 2nd of may stating they handed my debt to shoosmiths solicitors for collection. The account was opened 2005 with mbna and defaulted i think 2008 when made unemployed Balance £2200. I paid a few token payments for a while to various DCAs but then stopped 2012/13 trying to track for sure with bank . They sent a second letter 22may with 7 day countdown saying they're going legal if arrangement not made. If checked my credit file and there is no defaults present or dates so its dropped off but i don t know when. My credit file has been excellent for the last 5 years with every payment to date now afraid of a reset. Any advice as i am unsure how to approach this . Thanks
  18. Could an out of time statement create a liability? Surely at the moment they are pursuing the OP as director of the now dissolved company and they can only go after company assets. if the company is gone, the OP isn’t a director: so in what capacity do they plan to make an OOT statement? They aren’t a director anymore. Would it be better to not make the OOT, and say “the company has gone, there are no assets remaining to enforce against, and any personal assets I have aren’t subject to any warrant of control you may have for company assets”
  19. I hope you won't think I'm being too tough if I say that you've been here since 2012 and so you must know your rights under the Consumer Rights Act which are that if a fault manifests itself within the first 30 days then you are in principle entitled to a refund or a replacement. You would also be aware that you have to assert this right so I'm pleased to say that you will already have made sure that the shop has evidence that you did come to them on day 29 and tried to assert your right. On that basis it is simply a question of pushing the issue and if necessary taking legal action to enforce the right. Also, you've been here since 2012 so I'm not too sure why you haven't told us who the dealer is – maybe you would do that now. Also, should be aware that the responsibility/liability lies with the dealer and has nothing to do with the manufacturer regardless of what any document says. Are we on the same page here? By the way, I have no idea why you should be concerning yourself with GDPR. This is an extremely minor issue and I would have thought that you would be concerned with getting your telephone sorted out.
  20. Out of time statutory declaration is just stating reasons for wanting the clock to be wound back to when Transport for London first sent out letter demanding the PCN be paid. Reason: vehicle Registration xxxxxxxxxx was a company vehicle registered to xxxxx ltd company and the vehicle was used by x number of employees of this company. The company was dissolved on xx date and the vehicle was sold on xx date. My name xxxxxxxx was noted as a contact name on the V5 registration document, but I have never received any correspondence from Transport for London and I was not aware of any PCN being issued at the time of any contravention. The first time I was made aware of the PCN was on xxxxx date, when an Enforcement Officer from Marstons visited my private address. Not an expert in this and hopefully Bailiff Advice or others will be around at some point to confirm whether this would be correct or not.
  21. I recently upgraded my 3 Contract to a new phone which developed a problem. I contacted 3 and was initially told to speak to the manufacturer. They advised that as I was in the 30 day period of Consumer Rights Act 2015 to request a replacement that I go to the store to arrange this as it would offer a faster resolution. I agreed with this course of action and went to the store on day 29. Leaving it late admittedly due to health issues. When I arrived at the store the Assistant Manager then gave just about every excuse under the sun about being able to help but because the policy was 28 days not 30 they could not help me. I countered this with CRA 2015 being 30 days and they refused to accept this so I asked for the policy in writing. We both looked on the 3 store website but embarrassingly enough for them it didn't state anything about faulty goods. The actual wording in the contract that I signed says "Refer to three.co.uk/returns" for the Full Policy which doesn't explain anything about replacement faulty goods. I know why... Because it's the legal requirement of 30 days... Store Manager being adamant the period for returns was 28 days refused to back down I asked him to look up CRA 2015 which they declined saying "It's not my job to know the law" … Of course if you're selling goods and services and are a manager you should be versed in CRA 2015. Realising they weren't getting me to fold my argument they requested a colleague get a copy of the policy from the back room. When they returned it was very clear the document they were about to show me was the signed contract of another customer. Consequently I called this out and said "Don't show me that, that's someone else's personal data" which they seemed to take offence at and said I was just trying to give them a hard time. They went on to justify saying that what they were trying to show me had no personal data despite initials and a signature being clearly visible. I again instructed they take the document away from me. The wording was so small that the only way for me to read it would be to have actually taken the document to look at it. The ultimate irony is that policy in this other customers document would be irrelevant because that's not the document I signed. Realising I was getting palmed off and probably being labeled as toxic I decided to leave, but not before writing his name down and sending off a blunt tweet to 3... Needless to say I'm not too impressed, £16.55 out of pocket for a train ticket, probably going to need to return to the store again and having to put up with a broken phone either for 2 weeks (If manufacturer deal with this) or having to fight an outside 30 day period. Tweet Sent... But not sure how I should approach that GDPR issue... So desperate to prove a point the manager didn't have he throws all regards to another customers data out the window? When does my bad luck ever end...
  22. ok I will fill in the out of time statutory declaration. My understanding is that the clock gets reset to when the PCN was originally issued? If so then what do I do then as the company lo longer exists, I don't know who was driving the van on the day of the PCN so not much help
  23. That is a definite possibility, that OOT is a good idea, if accepted it will reset the debt to the original sum to pay or dispute and remove the bailiff fees.
  24. Suggest that you complete the out of time statutory declaration with all of the details. I would guess that if you were the director of this limited company that was dissolved, that you could still be liable. Doubt the Government would leave any loophole for companies with vehicles to escape PCN's after dissolution. There will be a responsible director with on-going liability and as your name is on the DVLA records, it appears to be you.
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