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Let Them Knock

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Everything posted by Let Them Knock

  1. This ^^ is good advice and much as I would have said. Also tell them that any auction/inspection charges are also their responsibility as they happened after the VT. You may also want to remind them of their responsibilities under CPUT Regulations (2008) and the laws on harassment in relation to for the charges they are claiming.
  2. I really wish I could give you some good advice here but I can't. The finance company are obliged by law to get the best price they can for the car. By putting it in an auction they can argue that they did this on the basis that anyone could bid up to what they thought it was worth and you can't say, "My mate would have paid £xxx for it" as they will say, "He should have gone to the auction then". The CAP guide is like Glass's Guide but it is based on average auction prices (I think it stands for Combined Auction Price guide, or something like that). It is more widely used by buyer
  3. I can't directly answer your questions because NatWest are (like others) a law unto themselves. I can, however, tell you what happened in my own cases. The two claims I made (for a friend) were paid in full by cheque, even though she had (still has) a substantial amount of debt to them on four accounts. Two are statute barred o/drafts, one is a loan - in arrears and with a DCA and being paid under a payment plan, and the other is a credit card, again in a payment plan. My understanding is that they 'should not' credit a payment to a debt they have sold, although this has been known
  4. Two weeks to acknowledge the claim, five more weeks to make an offer, three more weeks to send the cheque. Good luck, no news is sometimes good news.
  5. A landlord can instruct a bailiff (or be one himself) without a court being involved. IIRC it goes back to the Statute of Marlborough (1267) and subsequent statutes. The bailiff will be a Certified Bailiff (an officer of the high court) and this is why there was no court action beforehand. There are certain procedures that should be gone through first though. Sorry I can't be more help but it is about 20 years since I trained as a bailiff and then I wrapped the job after three days.
  6. I know it's not a laughing matter but I must admit their inefficiency did make me smile. Personally, I get more pleasure form the adverse publicity I could give them - particularly in view of their latest trading losses. That would be worth more to me than some token 'goodwill gesture'. BTW, can I take it your are not dead then?
  7. Lulling you into a false sense of security so you make a mistake. Do not speak to them at all - if you must communicate do it all in writing.
  8. First off, if no payment is made, no written acceptance of the debt is made, and no Court Order is made for six years it becomes statute barred. These three actions are the only things that can stop or re-set the clock. It doesn't matter how many collection agencies handle it in the mean time. Quite a few people who have found themselves in this situation have managed to hang-in until the six years have elapsed. There are many examples in these forums. CAG does not condone debt avoidance but my opinion is that such a decision rests with the individual concerned. Only you know how
  9. What an appealing idea. This string of three loans really is what brought on the need for the DMP. The good news is - it has produced a fair amount in PPI reclaims. Presumably, in time, I will have enough pieces from the SAR to see the full picture. I do not expect the F&F I offered to be accepted - it has been ignored once already so perhaps the potential charges, interest, etc will be the 'edge' needed to get this sorted.
  10. Unfortunately not - nothing before 2006. This 'may' change when RBS get around to fulfilling the SAR - should be by 28th of this month. On the matter of penalty charges, would you mind applying the same line of thought to another thread I have running which (again subject to the SAR) should have penalty charges on three loans (each consolidated into the next) running from 1998 to the present: http://www.consumeractiongroup.co.uk/forum/showthread.php?369782-NatWest-have-MISFILED-the-Consumer-Credit-Agreement Thanks again.
  11. Do you mind elaborating a bit please - are we talking about the 'hardship route' here? Thanks.
  12. Perhaps the SAR will produce the DN (if it ever gets fulfilled - due by 28th Nov). Any other thoughts on getting an 'edge', please? Thanks for the quick replies, too.
  13. Unfortunately not - she has no copy on file and neither does the Citizens Advice Bureau who were helping her back in 2006. Letters before and after the default date are there (in hers and CAB's files) but no DN. Yes, she is a homeowner. Thanks for your help.
  14. I am doing this on behalf of a friend whose failed marriage left her with some £35,000 of debt. She had adhered to a (self administered) DMP for almost seven years now. She is barely able to keep to it now (public sector worker = pay freeze). Credit card taken in 2002 Defaulted in 12/2006 (when DMP started) Monthly payment of £8.00 being made Balance £1300 F&F offer made in May of £350 - refused. No PPI No details of any charges made before 2006. RBS SARed 4 weeks ago (there are other RBS accounts in her debt) This is by far her smallest single debt.
  15. The Account was defaulted in 12/2006 and has been paid under a (self administered) DMP since then. [ATTACH]39091[/ATTACH] T&Cs attached now. Thanks
  16. What a disappointing reply and attitude, particularly from a member of the site team. How about a bit less speculation and finger pointing then? At NO point have I said anything about avoiding debt here or saying it doesn't exist! Before ANYONE gets on a moral high-horse let me say I have recently made a full and final settlement offer on this debt which was been refused by the creditor. Does that sound like 'wriggling out' of anything to you? I am looking for 'negotiating tools' here. But of you can't or won't help, just say so, preferably without subjecting m
  17. Thanks Bandit, what you say certainly makes sense. I did a fair bit if reading-up on CPUTR today but couldn't decide if it would apply in these circumstances. Have you any knowledge of anyone getting a straight answer to such a question?
  18. Hi Brig and thanks for the quick reply. My understanding was that, without the original signed CCA (as it is pre 2007), the debt would not be enforceable in court - am I wrong?
  19. In helping a friend I (she) recently sent a CCA request to NatWest for a credit card that was issued in 1998. A reconstituted CCA has arrived along with old and current T&Cs, etc. My initial thought is that they don't have an original or they would have sent a copy of it. But now I have got to wondering, could it be that they only send out reconstituted CCAs to make it much more difficult for the debtor to identify un-enforceability issues? I have SARed RBOS but God knows how long a reply will take. Any ideas about my suspicions, please?
  20. As previously posted, I now have a copy of a CCA relating to a credit card taken out in 2002 (a friend's account). [ATTACH]39084[/ATTACH] As you can see from the above, the quality is very poor - certainly not what I would expect if it is a 1st copy of a real agreement. I suspect it is either a copy of a copy of a copy or it is taken from a microfiche scan, I have already sent a SAR to RBOS (with the numbers of this and other accounts) but that is still weeks away (and may not even include this Tesco account). Before I get into the complexities of if the CCA is enforce
  21. Experian and Equifax on-line. CallCredit = Noddle.co.uk (free).
  22. An acquaintance of mine had three debts to NatWest (two overdrafts and a loan), She had a DMP in place, set up over six years ago. She was making one monthly payment to those nice people at Moorcroft, who were the collection agency NatWest had instructed. (Yes, I do mean 'nice people' - read on). When Fredrickson took over the collection process I noticed that the letter chasing the loan threatened Court action whilst the two about the overdrafts didn't. I wondered why. It transpires that her payment was being allocated only to the loan account only whilst the overdrafts remai
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