This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

To follow up the vehicle has now been returned to the owner awaiting more details!!

It seems that Jacobs have accepted liability now here is a link to the thread on our club forum VW CAMPER STOLEN PLEASE HELP! - Page 11 - VZi, Europe's largest VW forum, community and sales Thanks

Thanks for that Bartoc, it turns out the debtor informed the Baliff that it was not his vehicle, but could not provide any paper work.

Good Morning A friend has discovered her VW Van has been taken and sold for a debt owed by the person who was working on it for her! The van was being preped for MOT and was taken by Jacobs and then sold on through a car auction. This news was not given to her until yesterday when the van was taken on the 29th of April. Where does she go from here neither Jacobs or the car auction will give her any information including how much the van sold for. These vans are worth alot of money and she is heartbroken to have lost it. What chances of recovering the van or the true value? The police do not seem interested and will not even register it as stolen as it was taken by baliffs. Any help or advice or pointing in the right direction Thanks Cornishbear

Good afternoon, I am trying to help out a relative who is very ill and doesnt need LLoyds hassell. They have made him seriously overdrawn with charges and some dubious Debit card transactions that we are disputing. I put in a SAR request and a CCA request on his current account to gather together all the relevent information. Just had a reply saying they will be sending the SAR information by the 40 day dead line but it also states the following which i find surprising! "I see you have also made a request for information under S77 of the consumer credit act 1974. This section doesn't apply to current accounts even where there are either planned or unplanned overdrafts. This is because the act does not require these agreements to be documented in "executed agreements" within the meaning of the act." They also returned the £1 fee. The reason I am surprised is because i had exactly the same situation with Barclays and as soon as the CCa request went in they backed down reset the account balance to £0 and apologised?? Any thoughts much appriciated Thanks CB

Hi Everyone back again a couple more letters exchanged since my last post. The 12 days past and no agreement!! Letter sent off indicating what their failure entails. Letter back today including the following gems! "We can confirm that we have been in contact with the original creditor (xxxxxxxxxx Bank) who has advised unfourtunately (for Aktiv Krapital lol!!) due to the age of the account no documentation is available." "From our records it is evident that regular monthly repayments have been maintained on account by Mr xxxxxxxx from xxxx 2003 to xxxx 2007 the payments total £xxxx and act as admission of his liability towards the account" the please contact blah blah 7 days blah blah collection department etc etc. The way i read it there is some serious straw clutching going on and (legally) they dont have a leg to stand on. Thoughts please? I wouldn't mind going for a return of the monies already paid has anyone tryed this? Cheers CB

Thanks for the help guys it's appriciated anyway tomorow is D Day so lets see what happens letters ready for all eventualities!!

Ok it gets better on the same day i recived the CCA excuses they sent another letter offering a full and final settlement at 70% of the debt if contacted within 10 days lol! what a bunch of f***tards!

Hi Have sent a request to the lovely Aktiv Kapital for a CCA request for a member of my family who is too ill to sort things themselves. Recived the following reply this morning. "From your request under the Consumer Credit Act 1974 we can confirm that we are currently in the process of requesting the relevant documnetation on ******** behalf from the original creditor. We would point out that, as we are not the original creditor the ACT allows 12 working days plus 30 further days before we are entered into a default situation. We believe we are exempt from this due to the processes sometimes required in order to obtain the documentation from the original creditor. Once we are in recipt blah blah blah.................." Are they exempt?? i think not perhaps they need more time for a cut and paste job or is that just me being spitefull???? Anyway i take it their belief in some kind of exemption is all in their imagination??? Any words of guidance gratfully recived! Thanks Cornishbear

Good Morning all Hoping for some in site here. Just to let you know where I am at! I have a basic bank account with Barclays that I used to use until I sorted out my credit rating and they graciousley allowed me to have a "proper" current account. Any way when the current account was opened all Direct Debits and Standing orders where supposed to be transfered to the new Current Account where I paid in my wages. (can you guess what happened? ) Any way one was missed the payment was rejected and oh look a £15 charge will be made to my Basic bank account putting me £15 over drawn! Visit to branch to complain and they said ok we will sort it out. Forgot about this as Iassumed it was all sorted out but then 2 weeks ago a nice threatening letter from Barclays saying the wanted their £15 or they would persue me aunder the Consumer Credit act 1974!! Ok I thought I'm pretty sure I never signed a credit agreement with them so I fired of a CCA request and my £1 Yesterday 5 days later a standard letter saying as it was just a basic account there is no CCA agreement. Does this mean I can tell them to go forth and mutiply or could I make things a little more uncomfortable for them? (i do hope so ) Thanks Guys Cornish!!

Well looks like i'll be sending a preliminary letter then, or I could just close the account as they say (in their words) they are TAKING the money on the 9th of March. Thoughts? Cornishbear

Evening Folks. After success last year reclaiming £1500 from the Halifax I have kept a close eye on my account and have always ensured enough funds to cover all my DD's. So imagine my surprise when i had a letter from good old Peter Jackson. For a failed item (£39) I called up to find out what was going on and was told there where enough funds but there where 1.14p to much pending on the debit card?? So i asked for them to kindly not TAKE the money from the account and was told (and this is the good bit) There where instructions written on my account that NO MORE CHARGES TO BE REFUNDED TO THIS CUSTOMER!! Has anyone elde come across this and how should i proceed?? Thanks Cornishbear.

bump! Help please!! Thankyou

Thanks for the advice I will draught a letter today here is a copy of the first letter, what do you think. They have no signed contract agreeing to anything from me it seems the "storage charge" is a rouse to try and get round the 6 year limit. You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” The last correspondence of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. The main thrust of the debt collectors reply is as follows "we are well aware that the work carried out on your vehicle was indeed over the six years ago, however as the vehicle was stored by our clients until the oct 2004 (incurring storage charges) this account has been sustained as active, and well within the six year statute. You have obviously neglected to research this aspect or the "limitation act". We have inclose copy invoices for your perusal" Invoice never seen befor by me enclosed unsigned and addressed to my work address and the date clearly tippexed and changed lol!! I think i will have no problems dealing with this its just really irritating The only reason the garage guy has kicked up when he was happy befor is because he heard i had some money due to my charges claim from Halifax too. grr!! Thanks for the advice so far Cornishbear

I had work started on a car back in 1998, unfourtunatly i could not afford to have it completed. I left the car with them by way of compensation. 2 years ago they requested me to remove the car as it was taking up room. I agreed to this and removed the vehicle which was scrapped. There was NO paperwork invoices or agreements signed between me and them. Then about 3 months ago i recived a letter addressed to me at work from a debt recovery company demanding payment for £2200 for the work 8 years ago. I replyed pointing out as the debt was over 6 years old it was governed by the limitation act 1980 section 5. Today i had another fax claiming as some of the charges where "storage" an "invoice" which i have never seen or signed has also appeared. They are claiming a "verbal" agreement was made. I think they are trying it on, but would like some advice on how to reply to them, they are threating to commence proceedings in 2 weeks if i dont pay up. It seems to me they are concocting the storage charges to try and get around the 6 year limit any thoughts would be greatfully recived With Thanks Cornishbear

They have not taken the money from the account yet i am trying to nip it in the bud before they actually make the charge perhaps i should send a preliminary letter saying that i am quiet prepared, as they know, to take the required action to reclaim the amount and see what they say. what do folks think? Cornishbear

Morning all After my succesfull case against our friends at the Halifax everything was going swimingly until my car insurance company took too mauch by mistake on the monthly Direct debit and put me 60p yes 60p overdrawn for 1 day. The lovely folks at the Halifax wacked on a £38 charge bless 'em So i thought well they know that i'm serious now so a quick phone call should resolve the matter......... But no they refuse point blank so off to court we go again! Has anyone else been here before straight to an LBA i should imagine Anyone??? Cheers Cornishbear

Well where to begin?? I have had a CCJ registered against me by the SLC this occured when i moved house, and despite me informing them of my change of circumstance at least twice them still sending all correspondence to my old address which was actually demolished and no longer even exists!! They applied for a CCJ to this address obviously I recived nothing and new nothing until i checked my credit record with experian. I phoned the SLC to sort this out and to continue defering payments as i do not earn over the payment thresehold and have a wife and 2 little ones to support. But i was informed that as they had a judgement i had to pay up!!! I've negociated down to £30 a month but this is still alot for my family. From reading this forum I now understand i can apply to have the judgment "set aside" as I was unaware of the action and never recived their correspondents. If i have the Jugment set aside does this also remove this from my credit record and can i then apply to have my payments defered as they should be?? Sorry to be long winded I hope someone can help me out Thanks in advance Cornishbear (Grrr!!) :)

Well although its great that they have settled they have not paid the £120 court costs and I have yet to recive a letter from them regarding anything? Shall i inform the court of this fact?? Thanks Cornishbear I have been spreading the word amongst my friends who now actually belive me!!

Good news the Money fairy has visited me and they have settled the charges and interest, but still waiting for the court fee's. Will consider things settled then, Thanks for the help and information will make my donation next week Cheers Cornishbear :D

Funny you should say that letter arrived from the court saying the Halifax intend to Defend the claim in full. Well if they do want to go to court i'm more than happy but i expect i will be reciving a refund into my account any day now I'll keep you posted Thanks Cornishbear

ok after various issues finaly got the papers into the court now deemed as served so Halifax have 2 weeks to respond, just a case of waiting! I take it they respond directly to me or the court or both?? Cornishbear

Ok off to the court this afternoon, it'll be nice to do it in person!

Afternoon One more quick question, I am filling out the claim form and i will be delivering it to the court in person on Monday. With regard to the claim amount do i add the interest to the amount claimed or or is it added after the judjment just want to get everything correct. Thanks Cornishbear