Elliot2011
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2 Cap1 cards, one defaulted the other with late markers.
Elliot2011 replied to Elliot2011's topic in Capital One
Thanks for the replies. Yes I check my credit score weekly using the free Experian service and ClearScore as I have been really trying to improve my financial standing and wanting to correct past mistakes. Both credit cards are with Capitol One. One I've managed to keep up the minimum payments on most months but it does show late payments, the other is now defaulting. I have tried to explain my change in circumstances to them but it seems as though they don't fully read my letters and keep asking for proof of my own Ill health, which isn't an issue, it's the situation created by my partners ill health that's causing financial hardship. I'm not paying any DCA's. Currently unsure what help government wise is available. My partner was forced to apply for PIP after being awarded DLA for life, and as many people with mental illness are finding she was denied and is currently appealing. I will try one of the free advice agencies too thank you. I thought I'd ask here as the advice received previously when I was dealing with an unruly council was excellent. -
I'm seeking some advice on how to manage my current debts. My credit score hasn't been brilliant since making some silly decisions when younger, but I had been making large steps in improving my score and almost cleared the majority of my debts. Unfortunately over the past 6 months my partner has suffered with mental health issues (some of which manifest in a physical way and require her at times to have 24 hour care). Her illnesses cause her to be off work from two weeks up to over a month depending on the severity of the episodes. During these times I've either had to be off work so we have had no income at all for significant periods, or I've had to have family members help and use a much loathed credit card to cover basic bills. The good news is I'm up to date on my rent and council tax. Electric and gas bills are also up to date, and an affordable plan in place to cover my water bills. I am however concerned about my credit card debit , it's got to the point where I almost reach a time I can afford to clear the debt almost totally and then my partner gets ill again and I suddenly have no disposable income. I think the credit company have become frustrated (understandably) with lack of payment. I have tried to explain the situation to them but they don't seem to really read my letters and keep asking for proof that I myself has been ill, which isn't the case. I want to get the debt under control and clear it as soon as possible and I am just looking for advice on how to handle it. Currently showing one in late payment and one about to default.
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Lloyds TSB - Wescots and a passed on overdraft debt.
Elliot2011 replied to Elliot2011's topic in Debt Collection Agencies
Wescott passed on the debt to a new company, and not much in terms of satisfaction in regards to breach of data protection issues. Other than that, reached a comfortable repayment plan with new collection company, and apart from the constant harassment on a phone number not belonging to me with them trying to make me increase monthly repayment amounts, its going ok. Slowly but surely getting out of debt and feeling more confident about my financial situation -
Lloyds TSB - Wescots and a passed on overdraft debt.
Elliot2011 replied to Elliot2011's topic in Debt Collection Agencies
thank you intend -
Lloyds TSB - Wescots and a passed on overdraft debt.
Elliot2011 replied to Elliot2011's topic in Debt Collection Agencies
It took some time but westcots finally replied to the letter i sent them, totally ignoring my questions as to why they disclosed personal data before being satisfied that I am in fact the debtor - but they did say we will investigate your queries about this account - as its now in dispute we will not contact you or try to collect the debt from you ect then three days after receiving that letter i get one from a solicitor acting on behalf of wescots demanding i pay in full within ten days or else further action will be taken. How should I respond to this? -
Well the head of council tax phoned back yesterday (conveniently at a time I told him I would be out) - but Im just about to try and get hold of him again and see what he has to say on the situation. The solicitor also tried to phone me when I was out and is calling me back as soon as hes in the office so maybe he has more information for me as well. Hopefully all these mistakes and blatant Vexatious and fraudulent actions from Rossendales will actually get them in trouble as I hate to think they are treating much more venerable people in this way.
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Just a quick update, the council have received my complaint have informed me they are investigating the situation. Rossendales finally told me what they required me to do in order to prove that it was not my bike in the first place, so I went and got a Statutory Declaration and sent it to them. Last frisday I got a letter from them saying they would not accept it as it was not on headed paper from the solicitor. Phoned the solicitor today whom informs me that a Stat Dec is not done on headed paper as it would mean they would need to do a full investigation into the case and would cost me alot of money (and he extremely offended that Rossendales wont accept it as hes fully registered ect.) Phoned the council this morning and waiting for a call back from the head of the council tax department regarding this situation. Just wondering if I can demand they take me to court if they wont accept a legal, legitimate document? After all I have done everything they have asked me to do and they just keep throwing up ridiculous obstacles.
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Apparently they cant provide me with a copy of the bailiff certificate as the bailiff carries it around with him. Oh and they have backtracked somewhat on their claims of actually taking the bike - they now say it was not taken just listed on the WPO. Still waiting to see how they reply to my Stat Dec - if they refuse this as proof of non ownership what would be the way to progress from that?
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Iv never actually noticed that before - maybe I should point this out to them after I get a reply from them in regards to the Stat Dec. Maybe I should also include this in my complaint to the council after they reply to my complaint I made yesterday
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I hope they are watching this thread - maybe sooner or later theyl realise there are many very knowledgeable people out their willing to help in situations and maybe force them to conduct business legitimately - then again prob not.....
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Crap - I sent the original but kept a copy - would a copy of the original and confirmation of the solicitor of my stat dec signing not be sufficient evidence if the turn up at the door? Also im aprox 240miles away from the original address for the summer but my father is still there. The only thing of value in that house of mine are speakers that I have sold to my stepfather and have a recipt for. Am I right in thinking - as they have never been inside the property they cant force their way in. Also they can only take what they listed on the WPO without first issuing a new levy?
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Thanks for the letter templates PT - I sent a complaint very simillar to the first one yesterday to the council - also outlining the conflicting dates and the obstructive nature of Rossendales and told them i require them to find out for me how to prove I do not own a bike, when I have no knoledge of a bike in the first place. Guess Il wait and see what comes of the Stat Dec to rossendales and the complaint to the council now. Thanks for all your help!
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The form was never left with me - its an email only copy. They claim they left one at the address but never did (prob because they never got into the address in the first place) The £110 is for the van yup council iv paid the council tax + summons fees - my account is closed with them. Rossendales I paid the visit fees - have receipt from online form from them. I just went and got a Stat Dec stating iv never owned a mountain bike, cost me £5 so no big loss and have sent them a copy recorded delivery - maybe this will force them to remove their levy
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http://imageshack.us/photo/my-images/98/53684781.jpg/ this is the only form I have from them regarding the bike - and thats all the info iv ever been given. Do I have to wait for the reply from the new Formal complaint before doing the Reg 46 Complaint?
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Thanks for the reply PT - no they did not recover a single penny themselves. and on what date did they levy and at that time did they leave a Notice of Seizure - the date of the WPO is 15/03 - the date of the levy/van fee is 16/03 although in another letter from them they say this all took place on one day. No notice of seizure was left just the WPO that I have an email copy of only. This was def not left at my address. Im waiting for a response from the council but rossendales are threatening to take further action and have said they wont wait for a response from the council regarding the matter
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I have it from the council that the LO was for £246.43 - which has been paid in full and their eyes I owe them nothing. All I owe was the bailiff fees. Rossendakes are adamant that they are legally allowed to collect their fees using the LO still. Do they have the bike?!? They dodge this question like the bubonic plauge - same as giving me a proper description of the bike, and also they wont tell me what they expect me to do to prove I dont own it. If they finally admit they dont have a bike, but just saw one I take it that would mean the most I would be "liable" for would be a walking possesion order fee and not a levy fee or the van fee (as the levy and van happened on the same day as the WPO apparently)
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So got this reply to my email to them. "Thank you for your email. After speaking to our Client, Forest Heath District Council, I have been advised that following a telephone call placed to the Local Authority today you have been advised that our costs are still outstanding and as such the Liability Order has not been discharged. (I was told specifically that the LO was not active as I had paid the amount the liabilty order was valid for £240 roughly. I was informed bailiff fees were still outstanding though.) This is as per Council Tax (Administration and Enforcement) Regulations 1992 Regulation 52 (4) Where a step is taken for the recovery of an outstanding sum which is or forms part of an amount in respect of which a liability order has been made and under which additional costs or charges with respect to the step are also recoverable in accordance with this Part, any sum recovered thereby which is less than the aggregate of the amount outstanding and such additional costs and charges shall be treated as discharging first the costs and charges, the balance (if any) being applied towards the discharge of the outstanding sum. I have attached a further copy of the levy paperwork we hold in respect of the bike, I originally sent a copy of this paperwork by email to you on 6th April 2011, if you would prefer us to print a copy off for you and send this by post please let me know. I have not signed a walking possesion order. They have not entered my fathers property. The only item on this order is a silver mountain bike they either can not, or refuse to discloser any further information on) As previously advised we are Certificated Bailiff company and as such are not governed by the OFT regulations. Under National Standards for Enforcement Agencies an appointment is not needed prior to the Bailiff attending. Furthermore, we are acting on the instruction of our Client, under a Liability Order granted at the Magistrates Court. (Are they really acting on behalf of their client if my account is now closed with the council in question?) Therefore the Bailiff cannot be deemed as a trespasser. Until we receive proof of ownership of the bike as we have previously requested the levy and associated costs will remain on the case. If you fail to provide the requested documentation or pay in full by return then further recovery action may be taken. (How can I prove I dont own a bike when I am unaware of whom the original owner is, or even where they seized it from. I have been told I can not get a Sat Dec to say I dont own something?!? Yours sincerely" Feel like this is turning into a big mess again and many sleepless nights to follow
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Yeah its crazy - even the council are acting illusive over wether rossendales can use a LO (even though my account with the council is settled) to recover their costs
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I even have it in writing from rossendales themselves that the money owed to the council regarding my account has been paid and it was only their fees left outstanding. Il update here when I hear back regarding my contact stating i will issue a Regulation 46 Complaint - complaints to oft, LGO ect.
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Thanks for that letter template brassnecked. I just want to be left in peace from these guys so that I can focus on sorting my non priority debts !
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No i have not, i have just sent a new complaint by post and by email to numerous email addresses at the council I have been advised to send complaints to. On a plus side I now have two emails, one letter and one recorded telephone call to/from the council confirming the liability order does not exist so I am pretty happy the bailiff firm is trying to scare me into paying, saying they can still act on the order even if its paid off - when in fact they legally cant?
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Are there any templates on this forum for a Statutory Declaration? Seems mad that i might actually have to pay to sign a piece of paper, in front of a solicitor, to prove that I do not own a bicycle , that the bailiff firm refuse to provide proof of its existence?!?!?! Just out of interest how long after the levy does a balliff have/usually take to auction off the goods levied as I have not received any mention of these charges yet.
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Could i not sign a letter in front of a solicitor (a sworn declaration of something something - i forget the name) stating that I have never owned a silver mountain bike? Point being im not going to waste the £10 it costs to get this, because Rossendales cant even provide a picture of the bike, or give me any other details other than it was silver?!?!?!
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Yeah, Il wait and see how they reply to my last email outlining all my points one last time and if they do not confirm that they will mark the account cleared il have to proceed with the complaints service again
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Not only have I challenged the levi many times, I have also been asking them to provide any proof that a levi actually took place. Funnily enough the emailed only levi form states they took a silver mountain bike. Thats all the details on this (suspected) forged form. Iv asked for a picture of the bike, a more detailed description and all they say in response is "please provide proof of ownership of this item to have the fees removed" The council totally ignore all my complaints about this and to be honest I just want to be left alone by rossendales now as I know Iv never owned a silver mountainbike and no one at my fathers address has either. I will try complaining to the council again, just want to be sure in the knowledge that rossendales cant act on a now void LO to collect just their fees. After all the council have confirmed that the tax + the court costs for obtaining the LO have been paid in full, and I have 100% paid Rossendales the £42.50 I owed them for the two visits.
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