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    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
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Spml/acsenden/capstone arrears


maz200
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HI ALL,

 

to cut a long story short ive had problems with the above for ever.

I have an arrears repayment order on a suspended warrant which is nearly paid off,

howver every year they attempt to enforce the warrant without success.

 

My issue is this,

on my letters and quarterly statements I have seen a whole bunch of other charges.

 

3 years ago i wrote to complain and they removed them incremently.

 

these charges are shown to be part of the arrears

 

however they are threatening again (not that i get worried),

please could you tell me exactly what the hell these charges are as im thinking of actually taking this further and calling them out on them

 

on my statement it states

Insurance related charges (the buildings insurance is part of the CMI and is stated on the monthly interest rate letters i get)

 

i have no idea what these are

 

Fees and Security related charges ( a name change here as they were listed as other at one point)

 

These fees and charges total 6822.87 and are put on the arrears of which the total is 2757.

So makes my arrears look higher than they actually are.

 

Is there anyrthing within FSA MCOBS regarding this and how to deal with it officially?

 

any help greatly appreciated:-)

 

Thank you

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SAR time first me thinks!!

 

why do you need building ins with them did you not have it already?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi, yes iv already requested a SAR, and the insurance is part of the CMI,

 

my questions was about the £6000+ of 'fees' they have added to my arrears balance.

 

Are they legitimate?

 

as last time i pulled them over these they were removed. now they come back with these.

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and the buildings insurance well.....that was a years long arguement i had with them, they would not accept my providers even though it was more comprehensive and value of insurance was higher than theirs.

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AFAIK no fixed sum penalty fees are lawful.

the FCA deem any penalty sum to be unlawful as they do not reflect the actual/any extra work they had to do

note unlawful not legitimate

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

and the buildings insurance well.....that was a years long arguement i had with them, they would not accept my providers even though it was more comprehensive and value of insurance was higher than theirs.

 

then go get that back too take them to the FOS if you have too.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

If it helps maz, I am in exactly the same position with Rooftop/JPM and made a complaint to the FOS as suggested.

 

It took nearly a year and a few idiotic emails from them until they rejected my claim re unfair arrears and insurance fees etc.

 

Having followed dx's advice I have now written to them asking for it to be sent direct to the Ombudsman as I wasn't happy with the assessors decision.

Its likely to take another year but until we get a definite answer on this we have to go along with it.

Edited by dx100uk
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