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FitForPurpose

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  1. If you do sell the car to your partner, remember that you can't sell it "under value" otherwise the receiver could undo the transaction. So if you have a brand new Ferrari and planned to sell it for a quid, that won't work. However, perhaps what would work would be to get a valuation from someone like "we buy any car". Their valuations are very low, but perhaps are likely to be the sort of price a receiver might expect to get in a "panic" sale. This will also give you evidence to support that you got a third party valuation if any one questions it. FFP
  2. The ombudsman won't touch it because the complaint has been going on for more than nine months. FFP
  3. It's related to a case where British Gas sent a large number of bills to a recipient who is not liable for the account.In fact the recipient is not even a British Gas customer! British Gas generally ignored the many disputes about the bills. If this were a CCA debt, one could quote the OFT guidelines to demonstrate that what BG were doing (by not dealing with the dispute) constituted unfair trading. So I was looking for some industry guidance or other trading guidance etc that could be used to counter BG's position that they "thought" the recipient was liable, so it was fine for them to chase payment. FFP
  4. Ok - thanks for the info. I thought there might be another reason why bankruptcy isn't a good idea So the problem right now is "just" your Amex card right? If so, let's look at that. You said it was a corporate card from an old company under which you had a personal liability. Can you explain that a little more? Just wondering if there are any flaws in their claim? Regarding your son's allowances - I would have thought they are just that - your Son's. So I agree they should not be considered part of your income. FFP
  5. Thanks for the response: Not always - energy companies can apply a "deemed contract" if no specific contract exists. An example - the OFT guidance "considered to be oppressive and an unfair or improper practice” by “ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make demands for payment without providing clear justification and/or evidence as to why the claims are not valid”. ...but that theoretically doesn't apply to electricity companies so my question is if any other law or guidance does apply? FFP
  6. Hello, I am very sorry to hear of the situation you find yourself in. The first priority is to look after your mental health. That is priceless. Money is only money - it comes and goes. I realise this might sound impossible, but try to downrate the threats that you perceive to "annoying" rather than "threatening". It is the best way to ensure that demands for money don't send you over the edge. I can see that it is your wish to repay everyone. That is admirable, but you should also seriously consider whether that is viable both in terms of financially viable or whether it is viable for you to suffer the stress of it for years to come. Have you properly considered bankruptcy or did you get as far as thinking bankruptcy would be the end of the world? It is not and for many it is the right thing to do. It exists in law for a reason. You don't own a house or any significant assets that you have mentioned, other than those shares. What is the deal there - why do you think you would loose them if you are made bankrupt and are they really going to be worth anything? FFP
  7. Hello, I have a general question about debt collection standards by electricity providers... The OFT provides guidance on debt collection which seems to only relate to debts collected under the Consumer Credit Act. Debts arising from the supply of electricity seem to be exempt from the act. So my question is, does anyone know whether there are any other acts of law or authoritative guidance regarding debt collection standards for electricity accounts? Kindest Regards FFP
  8. The source of the rather worrying SRA figures was the result of a freedom of information act request. I have published them on my blog along with a link to the original source. CAG don't like me posting a direct link to that blog here, but if you were to google "is the sra fit for purpose" and look for the blog at blogspot then you should be able to find it I am also going to write to an MP or two. I was thinking of writing to the Justice Secretary and his shadow. I really think there is a risk to the public if there is minimal prospect of misbehaving solicitors being held to account. FFP
  9. This is a classic case of a debt being sold on and sold on and sold on. I guess we can look on the bright side - it appears that Lowells have been a bit diddled if they purchased a debt from another DCA who probably knew it was unenforceable when the sold it Another tactic for dragging this out until the finish line of the SB date would be to wait 10 days after receiving a letter from them before writing back acknowledging receipt of that letter and that you will respond in full within 10 days. I learned that trick from a utility company! However, if a full agreement can't be located then the debt is unenforceable anyway. If things do progress, you may need to CCA Lowells. I know you have done this for CIS and they failed to adequately respond, but I'm not sure that would be a defence as the debt is now owned by pursued by Lowells. So I think you might need to show that they can't enforce it. FFP
  10. Hand over your stool sample shouting "I've taken a load of your sh*t, now have some of mine!" FFP
  11. I also agree that the letter posted by Stu007 should be sent, by recorded delivery to the registered office of the companies who are calling you. The one amendment I would make is to also add that you reserve your right to take direct action for damages caused by their harassment. I have some experience with this after I received around 100 bills and other account documents from a utilities company of which I have never been a customer. When they refused to close "my" account or deal with my complaint, I had no choice but to issue proceedings under the 1997 Harassment Act. That stopped them FFP
  12. Hmmm. I think I would stop paying them, on the grounds that "frontier business systems limited" was dissolved in November 2011 and therefore you cannot comply with the court order. I am assuming you have never been told that your "debt" has been transferred to anyone else? Then wait and see if anyone notices. It could be that the bank account still exists but no one accesses it because they know the company is closed. In which case, no one will notice and you will know that your money is probably sitting in a bank account somewhere. Ask your bank for help to get it back perhaps. If someone does notice, then you can ask them how they are entitled to receive the proceeds of the debtors to the company. If they are right, then you can restore your payments using the reasonable excuse that you needed to check the contradiction between the court order and the state of the company. However, if you have never been told about it I suspect that no-one else is entitled to your money without proper processes being observed. FFP
  13. Check on the companies house website whether the company closed because it went bust, or whether it was solvent when it closed and the owners just decided to close it. If it went bust, then there will be an insolvency history link in the details and there will have been an administrator / liquidator. I assume you are paying by direct debit or standing order? In which case, are you paying to the companys LTD company name? Perhaps ask you bank to confirm what the recipient account is. I would have thought that a dissolved company cannot "trade" and so if a former director (for example) is collecting money paid to a company that is not trading, then they would fall foul of company law. If they wanted to continue to collect your debt, they should have gone through the appropriate steps to transfer your debt to another owner. Does the court order specify who you must pay? FFP
  14. If you feel that the amount claimed is definitely what you owe and you can afford to pay it, then yes you should pay it. If you are not sure if the amount claimed is correct then you shouldn't be bullied into paying it. The bankruptcy courts don't like being used as a baseball bat to threaten people into paying debts that they are not sure about. It is not what they are there for. FFP
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