Just reading this forum for some help I recieved a letter from Moriarty Law about an old pay day loan stating I owe about £200. I had several pay day loans, rolling the over etc and I must have paid far more than that in interest alone. (I had a period about 5/6 years ago when i got out of control with pay day loans and most of them were settled. Wonga even wiped off my debt as they said they had made errors in their porcess) I am adding a forum post as this letter comes at a terrible time from me, I have spent the last month in hospital with my father who has been recovering from cancer and 5 operations that has left him in intesive care. (Hopefully he can pull through but I digress) I wanted to just check my actions and keep a note of what I am doing do I don't end up with a backdoor CCJ. So..... - CCA being sent to Moriarty Law with Postal Order and letter stating my address. - If they send one back I have seen mention of an irreponsible lending complaint, so I'll read up on that. Thanks for the great information, I haven't been able to conentrate and this was so clear and easy to follow.

Thanks. I will do as you suggest. Do you mean I should itemise the payments I have made so far or my final offer of payment?

Latest response. (Ignored my question about being an agent) Whoever/Wherever you are getting you information you are being wrongly advised. You have entered in to a legally binding 24month contract and have failed to complete this term, as a result you have been charged for the remainder of that contract. This is the same for all mobile phone providers not just Vodafone. This is all stated in your Terms and Conditions. As previously advised the best option is to put your case forward to OFCOM who are the governing body for telecommunication companies and mobile phone providers. If they believe you have a valid dispute then they will contact Vodafone on your behalf.

Thankyou for that information Bankfodder. Looks like i should pay the unpaid useage and line rental, and dispute the rest. The latest response from the DCA says "I would strongly advise you to read your Terms & Conditions before any complaint is logged or OFCOM will not look at your dispute without any hard evidence in which you feel Vodafone are unable to enforce this debt."

Thanks for you help in this, it is much appreciated. The Debt Collection agency has responded: You have entered in to a 24 month contract and failed to complete the time in full. Your termination fee is the remainder of your line rental added together. The fee you have received from our company is also in your contract stating ‘failure to pay the amount owed to Vodafone will result in your account being passed to a third party and will incur additional fees’. Does this change anything? I was thinking of making a formal complaint to Vodaphone. (Although I will wait to hear back from their Web team before I do) Regards Moebius

Thank you both for your help, i have written to their webteam as you say and I will notify the debt collector that the account is in dispute.

Hi, I have been behind with vodafone payments after some financial disasters, but i was trying to keep up up todate and eventually catch up. They changed tactics recently and cancelled my contract, despite me having previsouly asked them for help and to go on to a lower tariff they were not at all helpful. Now i have been told by Commercial Credit Management Ltd that I owe Debt collection fee: £97.94 Termination Charge for not completing your contract: £577.97 Unpaid usage and line rental: £74.94 - total £750.85 I don't dispute that I owed them money I just wanted some help in sorting it out. Is this all quite normal with mobile phone companies and their credit agreements? Regards Moebius

Hi and thanks for the replies. I am putting these questions to my brother so I can find out more. Regards Jon

Hello, I wonder if anyone can point me in the right direction here. My brother sold his house to a company that was going to rent it back to him. However after a couple of years that company went bankrupt and the property was reposessed with my brother as a tenant. The new owners have now decided to sell the property and given my brother 8 weeks to leave. Does this sound right? He is up to date with his rent and this seems harsh. Although I guess he has no say on the matter. I would appreciate any advice. Many thanks.

Okay, thanks for the information. I will get on it staright away.

Hello. I have a few debts and most are all being paid off. Last year Barclays reduced my credit card debt to £32 by wiping all the charges and I paid the £32 leftover . However apart from one month they have continued to show my balance as £32 - Default. Also with 02 they are showing a £33 default debt despite me having paid it off and them seding me a reciept. Equifax show both as current balances which is incorrect. I have written complanits to both with no response and I am getting quite annoyed now. Can anyone suggest who to write to about these? Should I ask for all my Data to be sent? Complain to equifax? Complaint o the Financial Ombudsman? (for Barclays) I would appreciate any advice. Thanks

Hello, I have been contacted about an old Gas/Electric debt that I make regular payments via a bank payment system. I have written to the British Gas solicitors with offers of a fair (in my eyes)repayment plan for both accounts to be paid off fully in next 16 months. They have sent me a letter threatening to take me to court unless I pay it all in full. I wondered how likely it was that someone like that would actually take me to court for 2 bills one under £100 and one under £200. Regards Moeb

Now adding on the other side of page 2 of the spreadsheet gives me £1216.58 to claim for. Is that the amount I put in the letter? (Charges + CCI)

Thanks Steven, I have filled it in and it shows £500 in charges. I have used 34.9% apr interest as the statements I have do not show monthly rates. This comes to £500 in charges and £550.33 in CI I think. Thanks for your help and support. ps is there a quick and easy link to Credit Card charge letters?

Hello, I am about to start a claim for charges on my now closed capital one card. I would like to have a try at claiming contractual interest and i wondered if anyone had a link to a working spreadsheet and apr calculator? Seems the links i have found are not working. Thanks

Thanks. Yeah, no way I want to get involved in a phone argument with them. I will send a letter Recorded delivery tomorrow.

Hello again, just had a response saying that they want me to call them. I don't want to speak to them on the phone, so I will send them yet another letter to explain. They have put my account on hold for 10 days.

Hello, I am getting help on another thread in the Debt Collector section but I wondered if anyone was in a similar position with EGG and or Bryan Carter. Egg registered a ccj against me for part of a debt which at the time I didn't dispute. (£350 ish on a 4k debt). I paid the CCJ and got a letter from the court confirming the debt was settled. I was advised that they are now not allowed to take me to court again for the remainder of the debt. I was hoping that this would leave me in a good bargaining position to reclaim charges and PPI and settle the debt. (About £500 in charges and £500 in PPI) The current position is that I have written to Bryan Carter with the court letter showing debt is repaid, and quoting “It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.” (Thanks to Paying Only Encourages Them) They have already threatened me with further court action, but I haven't heard antyhing since my last letter. I have had great help so far but I am really nervous that B Carter will take me to court again even though advice I have recieved on this forum shows that they shouldn't be able to take me to court for the same debt twice. So has anyone here experienced a similar thing? I would love to hear from anyone who has had any experience with this type of thing or am I in uncharted territory?

Great, Ok I will send them a letter quoting that piece of law. Dears Sir / Madam, acc ---------- I write in response to you letter dated ----- You have already taken me to court for this debt and you have written to me to acknowledge that I have satisfied this through the court. I draw your attention to the s35 of the county courts act - 1984 It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts. ---------------------------------------------------------------------- Now a question for you - Any ideas how I should word the end of the letter? I would like to know what their future plans are now? And what will happen to these entries on my credit file? Thanks POET Regards Moebius

Bryan Carter supplied a copy of my Egg Card agreement - 2 scanned pages with signature on 1 page their signature on the day before mine! No T&Cs which I believe makes it unenforceable unless through a court. And they can't take me to court again for a second time for the same debt?(They took me to court previously for 10% which is now satisfied - I am awaiting reply from court to confirm) I have just recieved a letter from Bryan Carter and Co saying that I have failed to honour my £50 per month payment. Any suggestions on the best tactic to use now? Should I say no T&C's sent so you have not complied with section 78, you can't take me to court so what are you going to do? Or should I play my cards closer to my chest and just say account in dispute due to no T&C's? (As they cannot take me to court again I guess they will go Ape at me. Possibly taking me to court anyway hoping I will not contest.) I aim to send letter guaranteed post tomorrow and want to check I am doing the right thing before I send it. What I would be happy to achieve is for them to reduce my balance by the charges, PPI and interest and accept a reasonable monthly payment. A 2ND CCJ could be disastrous for my job and I am a little nervous of how I would fight them in court. Regards Moebius

Hi I posted my case to NPAS and had confirmation that they had been received. The council sent their response and it was about 50 pages of photos and info!!!! The hearing date was about 4 weeks ago, how long should I wait before I chase them up? Or should I leave it until they contact me. Thanks for all your help. Regards Moebius

See above post please. (Cheeky little bump to try and get an answer)

Thankyou to Rory32 and payingonlyencourages them. My understanding is that if they try and take me to court again the fact that they would be doing this for a second time on the same debt means I could get the judge to throw the claim out. Is that correct? However if I take this stance they are still going to process credit information about me and chase me for the money. Should I still be offering a monthly repayment to try and ultimately get rid of the debt and clean up my credit record? Thanks again for you knowledge and help.

Hi, I'm hoping someone can give me an idea of where to go from here. I have an egg credit card where I owe around £4k, they have just sent me a proper looking Credit Agreement although there are no terms and conditions. Does that make it invalid? They have charged me £460 in late / overlimit and unpaid DD fess and there are Credit Card Repayment Protector charges amounting to £475.59. How do I go about challenging these? I have paid £300 back satisfying a CCJ that the solicitors brought against me for part of the debt. I understand that they cannot take me to court again for this debt. What sould I do now? Or at least what should I do next.

Hello again, I have now recieved a rejection notice from Norwich County Council together with a "Notice of appeal" form. I plan to use the information given to me but I wondered how much detail I should go into on the "Notice of Appeal". Should i go into details of what is wrong and why? Or just state what is wrong, safe in the knowledge that NPAS know their stuff? Thanks again, your help so far has been fantastic. Regards Moebius with Fingers firmly crossed