Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Discharged Debt being chased by DC


Heckler
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3219 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Back in 2001 I applied for an Administration order from the court due to debts I had.

 

This was approved by the court and i was instructed to pay £5 a month for the first 12 months when it would be reviewed. 12 months later it was set at £5 per month for a further 3yrs.

 

The total amount was eventually paid including court fees... and the debts totalling some £4000 pounds were discharged.

 

One of these debts was a £2000 loan I was unable to repay due to health and being unable to work from the Alliance & Leicester.

 

Each creditor was notified and had the chance to object to the admin order, none did.

 

Each creditor would have been notified and a portion of the monies paid to the court issued to them as a final payment on the debt and all debts were then discharged.

 

Monday I received a letter from a debt collectors trying to collect just over £2000 on behalf of A&L

 

This would be the first bit of mail I have received regarding this (now discharged) debt in more than 10yrs, and I'm rather ****ed of about it.

 

Rather than contact them and hurl abuse I am wondering what I should to ensure they understand and never contact me again.

 

As the debt was discharged and A&L know this, why are they sending/selling the debt to DC agencies and can I take qction against them for that?

 

Should I simply ignore the DC letters as they have no legal right to be pursuing it at all?

 

As it's been so long since any contact about it, I am wondering if there's any kind of statute about pursuing these things... I have heard that if you acknowledge a debt it's a bad move. So I am not going to acknowledge anything at all.

 

Help would be most grateful on the matter... I finally after years of poor health (which continues), have managed to remain debt free (aside from a small authorised overdraft I dip into occasionally) for at least 4yrs and I would like to continue being debt free for many years to come.

 

Cheers

Link to post
Share on other sites

Heckler... Why dont you just "Heckle" at them ^__^

 

Right, if its been discharged then that itself is enough to consider the debt unenforceable. But on top of that... the administration order in 2001 and then the payments you say would take it too 2k5...

Think on top of that SB status is normally 6 year after the last payment anyway...

 

Id think you do good contacting them by letter (Of Course) and telling them that its been discharged...

Although we normally say wait until they send something of value, id say nip it in the bud now.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

As it was finalised and discharged back in 2005, and I've moved twice since then... I don't know how they found my current address, nor do I have any details of the original admin order.

 

What is the legal situation of companies chasing debts that no longer exist?

 

What if this company simply sells it on to another DC, it's quite common for them to sell on debts they can't recover.

 

Obviously I want this stopped immediately, but I don't want it to come up again in a few months or a few years.

 

Is there a legal statute I can reference that says they cannot collect on a debt that hasn't had a payment on it, nor any attempt to collect payment in over 12yrs... Because that's the last contact I had with A&L when the Admin order was granted... They never wrote to me or chased the debt again after 2001.

Link to post
Share on other sites

What type of loan was this ? Secured/unsecured ?

 

I think you have two lines of attack. One that it is almost certainly statute barred. The other that it was subject to an administration order from which you have now been released. I guess you could always give them the administrator's details, would that work ?

 

Will ask others on the site team if they have any thoughts.

  • Confused 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

It was an unsecured loan of £3000 taken out in 98, unfortunately I became ill just a few months later and was unable to work full time for many years. I got into debt with payments and eventually applied for the admin order as I saw no way to get out of debt at the time.

Link to post
Share on other sites

Hello again,

 

I really like administration orders - I think they are incredibly underused. There has been signficant lobbying over the years to increase the minimum amount from £5,000 to £15,000. Perhaps one day it'll happen. Do you still have any of the paperwork?

 

On the face of it, I can't see there being anything tangible that these guys are going to be able to do to you.

 

If any forum readers are wondering what an Administration Order is, take a look here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=09_administration_orders

Link to post
Share on other sites

If I recall, one of the criteria for being eligible for an administration order was having at least 1 count court judgement against you, and the total debts being under £5000.

 

It saved my bacon, and in my case as I was struggling with health and not working full time during all of it... Inc the court fees and so forth, I paid a total or around £300 on just over £4000 of debt... What's more is that I was able to lump in every debt I had at the time... I basically allowed me to start again with a clean slate, I waited until 2007 before I even considered getting anything on credit again... Only doing so because I desperately needed a new bed to help alleviate severe back problems.

 

I still don't believe in credit, I'll save up what I can and pay cash... it taught me to be far more careful with money.

Link to post
Share on other sites

I have good news and bad news.... this may take some explaining.

 

 

I contacted the court in my old home town for details about the admin order.... Only for them to tell me it wasn't complete and the final payment was outstanding.

 

Now here's where things get tricky... I was very ill back then and missed the last few payments... didn't even realise it, I wasn't keeping on top of bills or anything and it slipped under the radar... Letters from the court either didn't arrive or went unopened.

 

So after speaking with them back in early 2007, we filled out an application to have it reinstated, and full payment would be made. The hearing was set for April 2nd 07 and the order was reinstated and I know for a fact... 100% that full payment was made that same day.

 

The court have all of this on file... except the actual payment itself. So as far as they're concerned right now... incomplete.

 

I have contacted my bank for statements that cover the period... in the hope that I paid by cheque (they didn't accept card payments back then)... But if I paid by cash... I have no way to prove it was paid. :(

 

 

(Insert lots of swearing and ranting here)

 

 

I would be willing to pay the final balance again if it would make this go away, it's about £79... I'll be ****ed as hell about it, but I'd rather pay it and make it all go away that fight debt collectors over the possibility of this being statute barred now. But I have no idea if the court will allow that after so long.

 

It's been almost 7yrs since all this was supposed to have been resolved...

Link to post
Share on other sites

I got the statements today, and I didn't pay by cheque... I asked for statements 2 months either side of when they said it was reinstated... and I am certain that it was paid the same day right after I had the hearing about it... I was pretty sure it was paid cash, now I know for certain.

Link to post
Share on other sites

  • 2 weeks later...

Had another letter from the DC, this time they're offering a 50% reduction if I agree to pay either in full or by installments.

 

Are they just clutching at straws hoping that I'll acknowledge the debt?

 

 

 

I am completely at a loss over what to do with the local court payment that I made in April 2007, but they are saying they have no record of. As I have no receipts from back then and it was paid cash... What do I do? I was going to write a complaint to them but I'm not sure how to word it.

Link to post
Share on other sites

Discounts normally mean they know its a bad debt. They just hope you dont. see sequencis post

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Discounts normally mean they know its a bad debt.

 

This isn't really that true. Discounts are offered generally as a commercial decision. For example, the DCA buys a debt portfolio for 20p in the pound, they'll make a decent return even with a discount. Of course, there *may* be an issue with the debt - but to say that's the key reason why a discount is offered is likely to be misinformation.

Link to post
Share on other sites

This isn't really that true. Discounts are offered generally as a commercial decision. For example, the DCA buys a debt portfolio for 20p in the pound, they'll make a decent return even with a discount. Of course, there *may* be an issue with the debt - but to say that's the key reason why a discount is offered is likely to be misinformation.

 

Probably so, but that rarely happens unless they know the debt isnt worth pursuing, such as a debtors finances will never allow repayment in a reasonable time period.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Have we ever seen a discount AFTER a payment plan has been set up and paid a couple of times?

 

It seems to be a one way street...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Probably so, but that rarely happens unless they know the debt isnt worth pursuing, such as a debtors finances will never allow repayment in a reasonable time period.

 

Debts are sold enmasse every day of the week, and the portfoloios are massive - as such it's not really based upon the status of individual debts. You do make a good point, though, as debts which are not getting paid back quickly would automatically be placed in a pile to be sold. The process is incredibly automated though.

Link to post
Share on other sites

  • 1 year later...

I know it's been over a year since I last commented on this thread..

 

 

. In the end I haven't done anything further about it.

 

 

I never received another letter from any DCA regarding it and I never responded to them acknowledging anything.

 

 

I've not pursued the Admin Order any further either as it's simply their word against mine that it was paid..

. and I am 100% certain that it was as a remember leaving the office after meeting with the judge/magistrate to discuss it,

walking downstairs in the courts and going straight to the payment counter to pay it.

.. It was one of the reasons why the judge granted it because I was going to pay immediately.

 

If I ever get another one, it will go right in the bin..

. if they take me to court I can counter with the whole statute barred argument and contact the courts with an SAR.

Link to post
Share on other sites

Totally irrelevant now, however, would there not have been a record of the payment in the court's accounts ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Totally irrelevant now, however, would there not have been a record of the payment in the court's accounts ?

 

As I no longer live in the same town, I am unable to go there in person... but I did speak with them on the phone last year and was told that they had no record of the final payment on their system... and unfortunately I no longer have proof that it was paid... this was 8yrs ago... I've moved twice since then and have cleared out an awful lot of old paperwork that was no longer needed as far as I was aware.

 

I suppose I could do a SAR to them if I really need to... But unless some one actually comes knocking on my door about it... Letters will simply be binned and they can't add a 10+yr old debt to credit reference agencies... can they?

Link to post
Share on other sites

No, they cant put a 10 year old debt back on to your credit file :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...