Stephan56
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I have now submitted the form to re-register the car to our current address. I have also looked into filing "Out of Time" witness statements to the Traffic Enforcement Centre. But the Catch 22 seems to be that they ask for DETAILS of the various tickets - but I do not know them. I am thinking of just writing a "Letter" and giving the Car License number etc to see if that works. Any thoughts on whether that is the right way? Any other options. I would glady try to get all baliff activity put on hold and then pay reduced amounts. Also, I realise NOW the need to re-register, but also it does NOT appear anyway, at least clearly, on the V5C form, for example, that you need to re-register. The car was insured and had local (council) parking permit at my new address - so I was not "hiding" and always thought you just updated the V5C when you sold the car. I have now learned, but I bet I am not the only one making that mistake!
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Our car was clamped last week. The agent said we had 7 tickets and everything had been through court. We had NO IDEA of any of this. car still registered at our old address (we moved 3 years ago and post not forwarded after initial 3 months) so maybe this is all true. We paid £500 to have the car un-clamped and was told this covered ALL 7 actions. They promised to send through list of all tickets. But did not. I am complaining about this. My question is: I may well have 7 tickets (but from various jurisdictions - congestion charge, speeding, parking etc. how do I know? Is there a central register? Any other ideas? How do I know I will not run the risk of clamping every time I go out in the car? Clearly if I had known of the tickets I would have paid (or challenged) at the time. And having no notice, when we failed to register the car at our new address, is no defence? Thoughts?
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My bank account was closed due to an alleged fraud on my account. This was because someone else accessed my account without my knowledge or authorisation. Now when I try to open another account I cannot do so. I fear there is some kind of "fraud flag" attached to my name. I want to ssend a Subject Action Request to the bank to try to find out what is on my file, what they are saying about me etc. However, reading up on the SAR I see there is a supposed exception for matters related to the "prevention of crime". Therefore, I expect/fear they will not disclose the only information I really want. Is there a way around this? I seem to be in a situation where they may be communicating things about me that are prejudicial to my credit/abitlity to open an account, and I cannot find out what they are saying - so then i cannot correct it. A sort of Catch 22 situation. Any thoughts?
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Thank you for the response. Assuming there IS some designation about fraud on my credit file I am not convinced writing to the bank will do any good. They refused to tell me even why the account was closed - but I got someone to tell me it was fraud related. I have never heard officially from the bank.Rather than just relying on the goodwill of the bank (in very short supply) is there any way to COMPEL them to remove data re me and fraud from the account? Any law on the RIGHT to correct/remove erroneous information? Any lawyers who specialise in this?
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I have a query about opening a new bank account. My old bank account was closed due to a fraud allegation. Someone accessed my account while I was out of the country and used it for fraud. When I returned the bank called me and I had to close the account. The police got involved - with the upshot being I am the victim and there was no culpability attached to any of my actions. Notwithstanding that, my orignal bank, NatWest, will not re-open the account. Needless to say, despite a reasonable credit ratiing, I cannot open an account anywhere else. I DID manage to open one (NBationwide) but the day after it was opened I got a letter saying they were "closing it". And before I had even used it. Clearly I am on some kind of "blacklist". Is there any way to "get off" a blacklist? Clearly the account was used for fraud - but not by me. I cannot get any detailed information from the banks. They just say they can decline appliations "at will" and have no obligation to give any reasons. Unfair, but that is the way it is. I fully understand they do not want "fraudsters" as customers - but I am the victim, rather than the perpetrator, and I find myself without a bank account - and all the inconvenience and hassle that entails. I do see ads for accounts with "no credit checks" - but they are expensive etc. I just would be happy with a BASIC Account from the Post Office or a mainstram bank - but no joy. If anyone could give me some guidance on this it woudl be appreciated. Stephan
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Re Hefty Hippo, understand re issue of legally enforceable agreement. One thought was to "catch them in a lie" - although not sure hat good that would do me - excpet complaint to all and sundry to mess the DCA about. To Pinky69, I have seen Notice of Assignement (but as before, no Agreement). I owud also ask them for an Indemnity so they can reimburese me (including all costs) is another creditor went to chase me on that debt. In terms of Settled vs Satisfied what do I need to ask them to tell the CRA to do so the whole thing looks like it "never happened". Clearly they could not get CRA to delet entire file - but what is the BEST think I can ask them to do - whcih they can actually do?
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Understood and have no great expectation of actually concluding a deal - but want to take it as far as I can. I agree, they only buy of 10%. What I do not understand is WHY they will not agree 9and follow through) with anything in order to get the money. It costs them NOTHING to write to the CCA and say debt paid in full, get default's removed, say debt paid in full etc. Why shoudl they care what they report to a CCA or what they agree to - as long as they get their money? That is why I do not understand their general lack of follow through. Any thoughts?
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Agree re getting everything in writing. Also, I am asking them to cofirm in the Settlement Letter they DO have a legaly enfroceable agreememt (but I am sure they do not as (i) they have not prudcued it so far despite CAA and, (ii) as you say, why would they otherwise accept 10%. That said, it is worth 10% to me to be "rid of it" - but only on my terms
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What if it is marked PAID IN FULL? Is that the same? Is it realistic to try to get the default removed totally? This is one of many debts, so credit record trashed anyway, but I had thought if got marked "Paid in full" it would look (to third parties) like I had fianlly paid it off totally - which at least is a step in the right direction
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Does nayone have (or can they direct me to) some form of template Settlement Agreement. I hae negotiated with a creditor a settlement at 10% of the amount claimed. I will get aThird Party to send the payment, but also wanted to protect myself by getting the DCA to sign a Settlement Agreement which would provide for, amongst other things: They agree to report ot CRAs that debt paid in full; Account will show a 0 blance aafter payment made; They will not sell or transfer it to any third party etc I could have a go at it myself, but there must be a form out there already and I do not want to "reinvent the wheel". Essentially, I just want a legally binding document so that the debt is well and truly "dead" and cannot come back to haunt me later.
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Agree easier to get F&F if sold on - as buyer likely to have paid 10% or less. Also, say YOU have no money to settle, but need to borrow from relatives - which takes decison our of "your hands". You take the line "I would like to settle for more, but my [name of relative] will only provide X%. That is the best I can do"
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I would suggest a settlement at the 15% level of what is (properly) claimed is the right level. If the DCA buy debts at 10% then this stil gives them some (undeserved) profit - but also an incentive to settle, and it is at a level you may be able to afford. In terms of post, personally I do not want to receive post at my home, so I went and hired a PO Box and had all mail sent there. A bit of a pain, as I need to pick up "normal" ail there also, but the PO Box address then becomes the address that the DCA etc have. No doubt they can find your home address, but they shoud mail you at teh address you provide. Maybe a personal issue, but I do not like coming home every day and finding letters from DCAs, and would rather get them when I am "up for it". My understanding, but someone else confirm if I am correct, is that the whole account should disappear after the six years. Also, IF you do write to them to inform of new address, ensure you do nothing to "re-validate" the debt and start six year clock running again
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In response to a CCA request, I received: Copy of a doucment entitled "Application Form", signed by me, countersigned by the OC; Terms and Conditions I had also received an up to date Statemetn of Account. Leaving aside issues of whter this complies with the requirements of a CCA rrequest, my basic query is "Does a document entitled "Application Form" consitute an ENFORCEABLE AGREEMENT?"
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OFT publishes section 77-79 guidance - 27/01/2010
Stephan56 replied to PGH7447's topic in Debt Collection Agencies
I remain unclear as to what is required to be produced if a "reconstituted" agreement is permitted to satisfy these requests - and permit further "chasing activity". I they do not have to produce the origianl agreement, do not need to produce anything with my signature on it, do not have to produce anything that looks like an "agreement" - then what actually do they have to produce? Just some terms and conditions in force when/if there ever was an agreement. Maybe one tactic, when making a Section 77-79 request is to ALSO ASK for a copy of any "legally enforceable agreement". At least you are then on reconrd as to having requested it - and questions rasied why the DCA/OC did not provide it. I think the OFT material is weak as it it is - and if further weakened by industry lobbying, then will be next to worthless.
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