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skintscot72

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Everything posted by skintscot72

  1. Hi everyone, For the last couple of years I've had all my mail forwarded to me from my previous address. This arrangement has come to an end now, and I've set my self up with a mail handling company who provide a mailing address for me. I do have debts (no CCJ's or insolvency etc) which DCA's are contacting me about, with the usual threats and mentions of doorstep collections etc. Mostly, a CCA request tends to shut them up. However, in order to stop bank statements etc going to my previous address and either being opened by the current occupants, or returned, I need to provide the banks etc with a current address. I assume that if my new living address is inputted into one of the banks' systems then this will show up on my credit file and before I know it, everyone will have it and soon there will be DCA's laying siege to my current address, which I'd really hate. And my stress levels would go through the roof. Do I have to provide my living address or can I give them just the mailing address? What are my options, if any? Any advice would be greatly appreciated! Many thanks in advance Skinty
  2. Hi folks, An update, and great news! After reviewing the evidence etc, and my arguments and contributing factors etc, they have written to me telling me that the overpayment is not recoverable and I don't have to pay it back. They have still however nicely asked me to pay back £35 for original court fees I had a few other things on my plate that I had to deal with over the last few months, all a question of priorities unfortunately. So I didn't proceed with setting aside with the court. Now however I'm in a better position, I guess ? What about the £35? Should I just pay this right now and draw a line under the affair or can I look at getting this back as well later, when the set-aside is underway?
  3. yes they did, actually. But it still sounds as if they're asking us to do THEIR work for them? On one level whether the CCA exists is immaterial, it's whether the DCA can provide it to show they can legitimately pursue it. But maybe I've got it wrong, so all opinions welcome!
  4. Hi folks, A quick question. I sent a DCA a CCA request. They've not been able to furnish this. Instead they maintain that I should send in a request for the CCA to a dept. of the creditor. I was working on the principle that it was up to the DCA to provide the debtor with the CCA as a way of proving they were entitled to ask for payment etc. In other words, if the DCA can't supply the CCA to me, then they in turn can't pursue it. Is this right? I've got a feeling that they have run into a brick wall, and are just chancing it. But I'd appreciate feedback!
  5. Hi chaps, I've not sent the letter yet as I've been out all day, but rest assured it will be getting done tomorrow. I can't wait to fire it off in the post and wait for their next comical response!
  6. No, I did not. Everything seemed fine when they sent their replies saying they were putting things on hold etc. So, an 'account in dispute' letter certainly seems in order now. What about the data protection issue?
  7. Hi folks, [cue 'Jaws' soundtrack] Just when I thought it was safe...after not hearing a peep from BC and co... they're back! Out of the blue, I got a nasty-gram from BC with the usual blahs**t - "Final Notice" concerning the matter which I'd originally posted about. And they want money. Woohoo. Now, the situation is this - a few months ago I sent the CCA request, and also addressed the removal of my telephone number from their records vis-a-vis Data Protection Act. In short, nobody could furnish my CCA and all was quiet. Then, recently the text messages started urging me to contact them about the matter, quickly followed up by the letter. As I requested the telephone number to be removed months ago, is this a breach of the DPA ? Surely there's no difference between calls or text messages - if they had removed my phone number as per my request, they shouldn't have been able to do either! Then of course there is the not small matter of them not being able to send me the CCA details. As this is well over the 12 + 2 says, should this be (well and truly) 'in dispute' and unenforceable? Any advice on next steps, please!
  8. Hi folks, update time. I received a letter from the DWP trying to explain the matter in more detail. The overpayment occurred because I received part-time earnings and did not inform them immediately. That's their position. Mine is rather different - I declared all my earnings each and every time I went into sign on, and filled out nauseating earnings forms every time I had earnings to declare. In response to this, they say that I may be entitled to a re-consideration of the decision. I need to reply stating why I believe the overpayment decision is wrong. That shouldn't be hard! There are a few issues I can take them to task on. But to summarise these, basically the words 'booze-up' and 'brewery' do spring to mind!
  9. Hmmm..... I guess it's a fait accompli - if I update my policy with the new address, then the DCA's will also get this. This is what their Privacy details say.... "To provide an estimate or quote, the purchase of products available through this site and to carry out our obligations for any agreement you have with us We will use your personal information, and may share your personal information with other third parties acting on our behalf, for one or more of the following purposes: Analyse your insurance needs Give you an estimate or quote for our policies Administrate or carry out our obligations for any agreement you have with us Anticipate and resolve problems with our service Would these involve DCA's ?? I guess the only true way of finding out is phoning up the insurance company and seeing what they say. Of course if I ask them outright about this, they'll probbly get suspicious anyway, haha! Talk about a rock and a hard place....
  10. Definitely CCA Freds ! And while you're at it, insist that all comms are in writing. The OFT Guidelines are also quite clear about harassment etc, so do refer to these and chuck in a few sentences in your letter regarding this.
  11. Hi folks, A very quick question. I've moved house and my correspondence from the usual pondlife DCA's are being re-directed. I need my insurance updated with the new address. If this is updated, would the DCA's be able to access this new address somehow and start contacting me here? Hope you can help. Cheers.
  12. Hi folks, a quick query. I need a new insurance policy, for the address I'm staying at. Is there any way that the details (such as address) of my insurance policies would be available to DCA's or creditors etc? Cheers.
  13. Does it have nothing else, ie, appeals to make (outrageous levels, normally) a payment of some sort, or an invitation to call someone ? This seems really quite peculiar, hopefully some other peeps can shed some light on this.
  14. Update....and an appeal for anyone fluent in financial blah-s**t. Received a reply from Arrow Global, thanking me for my CCA letter originally sent to Carter and his buddies at Freds. They very nicely acknowledge my request for documentation pursuant to the Consumer Credit Act 1974. But it's the next bit that gets me: "We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the originating creditor and will revert in due course. We confirm that all collection activity will be suspended pending provision of the documents." So, nice that there will be none of their usual hi-jinks going on for now. But what does the rest of it mean? I'm led to believe they bought the debt from the OC, as they sent me a Notice of Assignment last year. So that would mean they own it(?). But if they say they don't accept that they are the creditor, where does that leave things? Hmmm..
  15. Hi Slick, I didn't inform DWP of new address, but they also had my phone number and I'm pretty sure email address as well. Post redirection has been constant from when moving out.
  16. Thank you for your assistance, chaps, it's much appreciated. In fairness, the DWP people in their contact centres are pretty professional, certainly in comparison to the numtpies in the Job Centres, based on my experience. So I don't think there would be any heavy-handedness along the lines of your typical DCA. But I will take heed and keep it in writing. I'll send a letter enclosing an initial payment, stating that I intend challenging the award but in the meantime, offer a token payment, which is not to be regarded as an acknowledgement of liability on my part. I still cannot believe that even with my post being redirected, I did not receive ANY court papers, and only just received the 'Award' notice from the CC only a few days ago. And this was from March/August last year! Out of interest, is this a typical timeline for the CC system?
  17. Hi guys, it never rains but it pours! Need some very quick advice. I've got a CCJ against me from 2010. I didn't even know anything had gone to court. I received no official papers, therefore no opportunity to contest it, which I would have done. And now being requested to pay the enforceable amount! Here's the background:- My most recent period of self-employment has been from 2009 onwards. I started claiming JobSeekers Allowance in Spring 2009 (stopping December that year), as I could legitimately claim JSA due to my working less than 16 hours per week, and very often earning insufficient amounts. My experiences at the Job Centre were horrendous. My JSA was repeatedly incorrectly processed, often having to travel to another office several miles away to collect a giro cheque, when it should have been automatically entered in to my bank acct. I could still claim JSA now given my low income levels, but the experience has put me off going to my new job centre - it's just not worth the hassle, and it's several miles away. During in-depth reviews I was asked about becoming self-employed - I already WAS!!! And told them this. It seemed as if they didn't care or didn't understand. All in all it was funny if it wasn't so disheartening and incompetent. All the time I was being completely honest with my earnings, declaring these each time I signed on, filling in the paperwork as required. After moving house not long after, my redirected post included a letter from the DWP back in 2010 saying that they'd overpaid me around £600. Given the litany of mistakes occurring, I assumed this was their usual inefficiency and the matter would rectify itself. Anyone who's been a recipient of JSA and other benefits know how they just love to send out reams of incorrectly and often irrelevant paperwork, and delayed by weeks. I assumed that as I'd been completely open about my earnings, and that they had mucked up so much in their day-to-day operations with me, this would have been another admin error by them. Anyway, to cut a long story short - in the last two weeks, I received a letter from the DWP saying that due to non-payment, they'd be seeing further court action/enforcement. What ?!! Bolt from the blue - I was completely of the opinion that this was an error, and if they were truly serious about this, I'd have received further communications, etc… there was nothing! So, understandably miffed and concerned I wrote to them a few days ago, expressing my concern at this, and asking for evidence of the calculations made as I was sure there had been an error. That's bad enough. THEN - yesterday I open a letter that arrived in the last fortnight, and it's a notice from the County Court! An 'Order for Recovery of Award'. Apparently in March last year, the DWP took the matter to the CC and in August 2010, the judge decreed that is enforceable! WTF !!! I have NO record of this taking place - I Received NO claim forms or notification of any sort whatsoever telling me about this. I had no idea this was going to court, and no option to contest it, which I definitely would have done. I had my post redirected so any correspondence should have reached me. I am absolutely shocked - and scared by this. Furthermore, the DWP would have had my contact telephone numbers or email, why didn’t they use these to try and contract me, if it was a genuine case?! I now need some advice, on next steps. I've spoken with National Debt Helpline, who say that not receiving the forms is not a good enough excuse, neither is ignoring (rightly or wrongly) the original claim, but if I genuinely think there has been an admin error, that this would be a suitable reason to take it to court, and get it 'set aside'. In the meantime, the DWP have sent this letter requiring me to contact them in the next few days (which i guess i have already done in the for mof the letter) otherwise enforcement action may take place without warning. I have no intention of allowing it to get to this stage - I definitely do not want baillifs coming around. Ethically and practically, I want to get to the bottom of this matter, and hopefully get this set aside. Should I be phoning the DWP and start making some payments in instalments, to keep the wolves at bay? By making repayments would this be seen as a sign of 'guilt' and stop me from seeking to set aside the award in court in the near future? This has taken me completely by surprise and I'm shocked by it and need to act quickly. Need some good counsel and know from previous experience, you're the folk to give me some common sense opinions. Hope you can answer my queries at this critical moment in time. Think I need a medicinal dram. Damn, it's too early in the day….
  18. Hi everyone, apologies if this is the wrong place to post this - do move me on to a more appropriate place if necessary! I am being chased by DCA's for some overdrawn current accounts. Two of these accts are with one bank, and another with a second bank. In the case of the former, the two accounts are in the region of about £700, and have not been used for years (but I have been making repayments) but there are MANY arguably unfair charges that were slapped on over the years. So much so that the overdraft is much smaller than the total amount of unfair charges, which I reckon to be about £2,000. Should I try to reclaim the amounts even though they are employing DCA's to get me to cough up? Or is this likely to antagonise the blighters further and just heap more misery on me? Also, whilst standing up to the DCA's re: credit cards can be helped by requesting CCA's, what can be done to stand up to the DCA's when it is 'just' overdrafts? Any help welcome! Cheers.
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