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mikeymack2002

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Everything posted by mikeymack2002

  1. With regards to a DRO would you not be better off dealing with this yourself and making all payments directly to the OC? because why pay someone else to mess it up for you. Now the interesting bits, you have posted up some great details for the moment, a lot to take in all in one go, but a good start. So lets get the ball rolling, Pick your first debt you want us to help you with and list everything you know about it, you will have to do this with all of them and would recommend you start a thread for each of them and use the subject bar as a reference to them so you can keep tabs as they progress. It took me 4 years to walk with my head up as it is now so yes it is going to be a long slog and could be quite cheap as well, create some files at home and put everything in its own file for that debt as it will be easier for referencing at a later date. So where do you want to start first? I suggest any that may/have/not got any court action pending, as a starting point. Look here for any letter templates that you may need http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?405-Debt-Collection also don't forget to stay off of the phone always say in writing then hang up, keep all letters and note any calls from them. DCA's are not bailiffs and have no real power to make demands to a point. As with credit cards/agreements have you had any charges for over limit/late payments/ppi that you can claim back? So lets get rolling. MM
  2. Here we go again Vanquis should have their credit license pulled once and for all. The amount of grief they give people is horrendous, I'm so glad they are out if my life at last. although it took 4 years 300 plus incoming calls no visits 6 DCA's the final result was they closed my account refunded the entire balance, removed all data from my CRA file now I will never deal with ever again. Unfortunately for the OP you will be in for a long run. Cancel any and all extras that are on the account reclaim all fees. I would also send off a SAR and see if yiu actually asked for these extras. Include in the request a transcript of you calls as well MM
  3. He is still adamant that he bought the debt from the landlord, landlord is adamant he just assigned it to him. The last text I receive in the pass minutes is "Call the police, you owe me me money and stop trying to rip people off you con man you ****ing me off" Thanks for reading and appreciate any advice and help.... If this part is correct did the landlord send you the letter of assignment regarding the ownership of the alleged debt? something really is not right in this case, too many inconsistences, I personally as advised earlier would go to the court and ask for a set aside, there is something really wrong here, I just can't put my finger on it yet, ok lets break it down in stages 1. Did you sign the contract? Did the landlord witness YOUR signature? 2. Did the landlord know you was in hospital when the case came to court? 3. This part is disturbing Quote "That Friday I felt like someone was following me everywhere, even to my kids school, noticed a particular car colour and part of the license. " 4. have you received the notice of sale/assignment? 5. Can you prove you was in hospital at the time of the case? 6 My final observation is have you still got the text on your phone from your "bailiff" if so again return to the court. No Judge worth his salt would ever allow a LIP not to defend themselves. no bailiff that wants to keep his job would risk speaking to a debtor like yours did. or refuse to show the correct ID and warrant, so again I ask what is missing from this story, can you please fill in the gaps or run the risk of getting the wrong advice! or you could just go and retain a fee paying solicitor? Sorry for being blunt OP but...... MM
  4. A few weeks back I'd sunk so low I wrote a 'goodbye' letter to family apologising for being an absolute failure, thinking if I wasn't here the debts would die with me, & the family would be better off without me. I couldn't go through with it. My parents lost my sister to murder less than 3 years ago, to put them, my husband & offspring through more grief would've been downright selfish of me. Having just read this please DO NOT CONTINUE down this path... your husband maybe cross at you BUT with HIS HELP you WILL overcome this, you are married to a guy that knows nothing of this, having been at a total loss myself 2 years ago and at the same place you are now, let me reassure you there is life in those bones of yours. I believe you are in serious need of support and please trust your instincts and speak to hubby NOW. He would rather talk and hug you than the place you wanted to go. Here is a warm hug and to let you know that there is always tomorrow and it DOES get better, trust me I am now totally debt free with help from the great CAGGERS here. Please do not let yourself get this low again YES? Now take a deep breath pick your first debt post up all you can so WE can ALL help you get your life debt free. It can and DOES happen OFTEN read the success stories here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes read some of themI have a few myself there, then smile come back and lets start the ball rolling YES lets fight together MM A ps from me to you, with regards to the success stories I WANT to see YOUR name in there too saying you have won for yourself (with help lol) and that you will be feeling much better in yourself soon .
  5. As we are aware s4a is not the best piece of the enforcement procedure, but .... a fine is in lieu of a much harsher sentence, i.e. prison, but you can still go to prison in default so a win, win for the courts. Ultimately whether or not advice from xx or zz is irrelevant, the court has that power to enforce at will for non payment. The fact that the bailiff does attend and force entry, is wholly the responsibility of the offender, they CHOOSE not to pay, but for those that can not pay, but IF they cannot then they need to attend court for a means hearing before it gets to the bailiff. This is not me having a go at the poor people that face the bailiff for non payment but the people that give the wrong information in the first place. You can not and must not stick two fingers up at the court they WILL eat you alive and sleep well at night . I really feel for the people that can not pay due to financial circumstances, but they MUST talk to the courts before and at time of sentence to agree an affordable repayment plan that deals with this. If you sit in court and see a mum/dad get sent down for non payment it beggars belief but, that is always the last resort, as is calling in the bailiff in the 1st place. I really do wish that the system was overhauled and brought into the 21st century and people being treated with some sort of compassion to a point, BUT cross that line then expect the full force of the courts. As far as these external sites giving such atrocious advice should be shut down period, fined and dealt with by the very people that they try to "CON" the real court service. I guess the government will never really want to sort this out but its getting beyond a joke, some vulnerable person losing everything to a bailiff because they charge the earth in the first place, all because of a debt.... Grr I'm mad. TT how much would it really take for this sort of thing to get sorted once and for all, put in writing and made law? If there is so much money involved in this why does not the government take control of it completely and have one collection industry under one roof so to speak! instead of so many different companies being involved. Also for those cowboys to be banned from giving such advice in the first place. Does anyone disagree with me regarding going to court when financial change affect the repayment plan before it goes to far? to ask for more time to pay. Or that these cowboys should be shut down? In reality the onus is on the debtor to seek advice from the very people that can turn theirs lives into a nightmare for non payment of fines? MM
  6. Simple contract law states that if you did not sign the document then you are not responsible. If your then partner signed YOUR name as well as his then this is wrong, if the landlord knew and was a witness to the signature and it was not you that signed the agreement he could be guilty of making a false instrument, I would personally go back to the court and as for a set aside under these grounds, but only if you can prove it was not you that signed this document, if this is true then your landlord and partner at the time committed an offence that can be investigated. If you manage to get the set aside I would ask for the police to get involved straight away it's basically fraud and much more. Also the fact you were not given the opportunity to defend yourself in court due to hospitalization on that day too. The only mitigating reason for him to sign on your behalf is that as a business agreement in writing, you gave him permission to do so in the first place if not hen I would challenge the courts decision on this matter and ask to be heard in front of a judge again. The fact this signed contract made in it inside a court could be used in a criminal case for perverting the course of justice. I know it may be a big ask have you got a copy of the agreement that you can post up? if so put it up in PDF format and take out all pers and sigs and leave as much detail in as you can. MM
  7. Hi since you are paying one off in full this month, DO NOT RENEW IT under any circumstances, you need to get out of this trap asap, the best way is to be honest with your husband, TOGETHER you can get this mess sorted out once and for all. With his help it should not take long. But getting another one to pay the 1st one is EXACTLY where the PDL''s want you, we know it is going to be tuff for a while BUT there is a light at the end of this tunnel. All you can do is write to each one stating that your circumstances have changed and need to pay at a lower rate than you are now. PDL's really don't care how you give them the money as long as they get the most from you in the shortest period of time. Advice here will get you on the right track and in control of your finances. There are always local groups that can assist in the short term with advice, but you need to look much more into the future and understand WHY you have a need to use such lenders. Most of us here have been in a bad way with debt one way or another, so we are non judgemental to those needing help. Personally I would pick the biggest deal with that one first and trickle feed the smallest ones, as the biggest will cause you more interest than you can repay. once the biggest is dealt with the smaller ones will seem like a walk in the park to deal with. How have you been paying your PDL's cash or DD? if by DD have you had any charges placed on your account? is it possible that you can change the method of payment to these people? I you are short of money try budgeting food and fuel differently and taking the money you have each month a week later than you would normally, this way you get an extra month every few months, but please don't panic it's not the end of the world just a little messy and we will help you help yourself.
  8. What the hell does "obstruct the lawyers to appeal" mean dohh, I wouldn't trust this guy/gal with my mail let alone a court case pmsl. The way the big guns are chatting about "that" site, it must be a very bad place to get advice from! How bad has this been for those who have taken advice and have acted on it. Do any of you guys know yet if they have they posted up the final damage to themselves?
  9. TT can you let me know the site, by PM as I may have what you are looking for, if its the same site I think it is. I found it was full of total misinformation, but I tend to stay off of that sort of site, as its so wrong in so many ways it's unreal. if not don't worry. I have been looking for some stupid advice for my class, just to show the pupils how dangerous some sites can be. But in the favour of CAG, I have seen much better and more accurate advice, with fuller explanations to go with it, then why it makes more sense in the long run. As everyone knows the CORRECT thing to do is pay your fine on time every time. There are certain times when this can be missed, but you MUST inform the court at the earliest opportunity, or as in this case feel the wrath of the bailiff. A court debt IS A PRIORITY DEBT, it comes before booze fags n DEFFO before a MONTH in Ibiza, I wont write what everyone is thinking but heyho jail or Ibiza ummm that's a hard one NOT. MM
  10. I was chatting to someone in the room regarding the original name I inserted and inadvertently put in the wrong name, my response has duly been corrected and the proper name inserted. Apologies' to the OP for my error and thanks to Brig for the reminder to check what I write is what I was actually meant to have said MM
  11. First of all get a new account separate from the edited (Halifax) I was chatting and typing at the same time sorry Brig I can't multitask. umbrella, then cancel the DD, then start to claim all those charges back, how much in fees are we talking about? DX100 has that info on here and can guide you to the templates for the charges and explain the reclaim process in much better detail than I mm
  12. It maybe they are fishing, or is SB either way you will need to find out. When was the last payment/acknowledgement made? if it was way back as stated, go back to your CRA file look at closed accounts it maybe there, also if it was not dealt with since 2001 the it will be SB. You can always send the prove it letter from the library here http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred But sometimes mysterious payments turn up resetting the clock. So you will need to write to them and find out, they chased me for a STAT BARRED debt a few years ago with a quick call it was sorted, they sent the acknowledgement of SB the next day, case closed. Let us know with an update to your thread please MM
  13. Hi welcome to CAG. Have you had a look at your credit file yet as all the details for you could be there, also it will show who owns it now. Try Noddle it is free, but may pay to use the big guns on this one, you can use the free trial on most of them but remember to cancel before you end up paying after the free period. Stay off of the phone to a DCA they tend to lie big time. Don't start paying anyone before you have all the facts in one place. Have you got any details of any of your debts so far? if so start with them on here and get the ball rolling. Post up as much detail as you can but don't post up names or personal details. When you have more details come back and update your thread MM
  14. Dx I am laughing now for the 1st time in years, my poor mind is now on the mend I can totally relax and take the piff out of the DCA's now but will stay on site to help as and when I can. Here's one for you, you know that tenner I lent you back at uni? the big fat pink tenner, can I have it back you have over 1000-00 in late fee's and I am going to call at your home and work or can you pay me 14quid to go away? I can't remember the place or time I lent it to you, but trust me you owe it coff up or I'll sent in the letter squad? pmsl lol
  15. DX100 what a great idea! Do you know how to do it lol It makes my blood boil. These people made my life hell for 4 years in all, It took me that long to recover from my injury and get my mind back on track. Now it is I'm ready to help out more now.
  16. Wonkeydonkey: All you have said is true, the justice system in relation to the collection of outstanding fines seriously needs to be reviewed. The bailiff has a job to do not a good one but its a job. This is why HMRC take all the monies they can at the time of sentencing, hand you a receipt and tell you then if you fail to pay this will happen. If the defendant then ignores this fact they chose to be in such a position, they can not think it will go away it wont, maybe at time of sentencing they should give a leaflet out stating what is/not the best way to deal with the fine. This is always going to be a very hard subject to handle at the best of times is it not ? At the end of the day a financial review hearing is a way to go, at least the court then will see you are trying the best you can. MM
  17. Hi Andyorch, I wanted to say to put in some liquid mushroom food but thought better of it lol
  18. Andyorch.. Thankyou for the reply I have been passionate about DCA's since being to ill to work and have been in substantial debt myself, having "won every case" and only paid out for the basics, internet time stamps bus fares. At one point I was in severe debt, but now am totally debt free for the first time in years. I have been to criminal/civil courts to review cases and put things into perspective. The first time a new CAGGER comes along full of heartache and pain, then as they learn the feel like they are on top of the world as the debts become much more manageable, they feel the stress of debt slowly lifting as the debts get smaller over time and they feel they can breathe again. There is no better feeling than to be able to stick it to a DCA and win, is there? I asked locally if I could offer my services as advice only. My 1st day was well attended even by the CAB and other local groups. I was offered a job with the CAB straight away, even before the day had finished, the information that was put to the class was of great value to everyone concerned. I have asked for permission of the site to allow me to publish links to the site but as of yet not been contacted. I did this out of respect for the site and for legal reasons too. This way I can get more people to be in control of their debts, to be able to sort out what is enforceable and what is not. I thought it would be a fun way to show the class just how awful the DCA's are nowadays. What tricks they use to get your money, its a shame they (DCA's) did not run their businesses in a much more professional way than they do now. I have even been asked to produce a guidance leaflet for the local ALMO, which has pleased me no end. This industry is corrupt to the core and needs sorting out, so that the things that we discuss at ground level actually get absorbed into practise? It only takes one person to start the ball rolling and eventually more join in, the hey presto we have a cause. Its hard in this financial climate to get ahead of yourself with debt, but I have come up with ways in which you can have more money each week/month without much trouble. Its not rocket science but if you look at where you end up its so simple and friendly, that's what makes it so perfect for EVERYONE. Thx again MM
  19. I know there are people that will disagree with my post here but if you speak to a court at the first opportunity they WILL listen to your case. it is the courts best interest to get the money in FULL asap. That's a fact. BUT if you talk you will NOT have to have BAILIFFS involved, or pay ANY FEE's that may have been added. All good caggers know something about the law in one way or another. The fact a court fine is a PRIORITY debt and comes before your money to go out to the PUB, As everyone must know income that comes in may be at a level that is lower than when you attended court, you filled in a means form and a repayment plan was agreed. Now you find yourself in a pickle because your income is lower than when the fine was imposed, with this in mind go back to court and ask for another means hearing, the bench will look at each case on its own merits, then make an adjustment order if they feel it is appropriate, not every case can have this done, but if you have an outstanding fine and miss a week go to the office before it gets out of hand. I see this on a daily basis where someone does not think the fines matter, then find themselves locked up instead. All of you are aware the justice system has changed so much recently, the tolerance level for court debtors is getting extremely thin on the ground, bare this in mind for future reference, pay your fine on time, always keep the court up to date with regards to your financial circumstances at ALL times, this will make it much harder for the court to send YOUR case to the bailiffs in the first place. To put it in plain English so you understand don't want a bailiff calling for non payment of fines then get your advice at the earliest opportunity, if you are unfortunately find yourself with a fine sort it out in the shortest possible time, clear it as if your life depended on it, so the end it comes to this A paid fine means that's all you pay not some beer money to a BAILIFF. If this reply seems somewhat aggressive or in your face look at it this way pay on time you WILL not have to pay any more than the original fine Sometimes I am too brutal and blunt in what I say, I do not mean to offend anyone facing the bailiffs for any reason, I've been there myself on the receiving end of their methods, but have been able to look into ways to stop this getting out of control. My personal advice is go to the court first and ask for that hearing, they must hear you in court, even if a bailiff is involved, they have a duty too. They will not put you on the poverty line. No one wants to be here asking for help, but unfortunately people are, I have edited some of my post so not to look overly blunt, but have still made a valid point. You have nothing to lose going back into court, it can only help you in the long run. Hope all goes well with which ever way you go, if it goes well can you update the thread and let us know which way you went? MM
  20. Hi has your son sent in an out of time defence with the council yet? Since he moved he did not get the paperwork, but must also update the DVLA with regards to his license, as this too is an offence. The out of time appeal would state he had moved and did not receive any paperwork for the PCN, If this has already gone to court, he has other avenues to go down. Please speak to your son and post up as much detail as he can but they must be in a PDF format so it will be easier for us to read, do this then come back to your threat with an update please.
  21. Hi guys had an interesting day yesterday, Got a letter from 1st Crudit, stating I owe a sum from 03/07, they stated if you pay 10% we will pay 90% a new one on me! I was in a class giving a lesson regarding debts, and how to deal with them. I used the details of the letter on the big electronic blackboard, pers removed. I broke all the rules and actually called them, went through the security then put the phone on loud speaker, explained to the guys on the other end that the call was being used as a training aid for the class I was running. They actually agreed to allow this and allowed the class to listen, I stated that the debt was SB'd and wanted this to be investigated and report back to me, they did not want to admit it was statute barred and wanted the 10% they were demanding, I asked all the right questions, like when was the last payment/acknowledgement they agreed that it was more than the 6 years for being SB'd, so a clever clogs in the class asked the question why are you asking for money that you can not get" they replied "it's worth a try because not everyone will know about the law regarding this2. The class laughed their heads off, the fool at 1st Crudit actually then got in such a state he called his supervisor to the phone he asked why was I letting a class listen to my call "simples" I say its to show them what idiots you lot are, he said "OHH OK THEN " then promptly hung up. This is a true story by the way just wanted to mess with a DCA. The letter regarding it being SB'd will be in the post soon
  22. unless you are that mean and have enclosed the free table sauce and have cut off a corner lol squeeze
  23. This is the main reason you don't call a DCA, they LIE do as they see fit when they want to. Firstly don't worry put this all in writing and send it off to them, they will start letter tennis, but you must state what YOU will pay and WHEN its not for them to dictate to you. If you have limited funds available and they demand an I&E don't give it to them they cannot get it, only a judge has that power, Basically a DCA will try every trick in the book to get money from you, but if you follow advice from here, that will/maybe much less than you think. MM
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