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missfriendly

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About missfriendly

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  1. Thanks dx - no kidding - I was reading an article the other day about how courts were going to crack down on DCA's trying to collect unenforceable debts. Went back to the article today.... it was in America! Hah! Ohwellllll....
  2. They called me today too (92-94 loans) - - I couldn't clear security with them, because my postcode isn't the one they had. I told 'em loud and clear it was illegal for them to be chasing me for a statute barred debt, and any further contact would be reported to the FOS. Not sure what happens next, as I didn't clear security and I'm guessing they don't have my address, but the woman said that what I had told them had been noted on the account.
  3. Yeah, I did that Andy - Nationwide still continued to chase me after I sent them the letter. Anyone in this situation needs to stick FIRMLY to their guns.
  4. Hi! You may remember me from such unpopular threads as Bryan Carter - I Predict a Split CCJ I paid the CCJ in full that Bryan Carter issued for me in January 2008 shortly after posting that. In June 2014 Nationwide started chasing me for the remainder of the debt. In July 2014 Nationwide passed the debt to a debt collection agency. At the end of November 2014, I complained to the FOS about Nationwide's handling of the case saying the debt was unenforcable. Nationwide backed down, wrote off the debt, and offered me £100 in compensation. NOW - this sounds good yes? I should be all The thing is, the way the FOS response is worded: So for other people with a split CCJ be very careful. I've written back and asked my comments to be forwarded to Nationwide & Bryan Carter, but it's not like they'll listen to me. Really though, how come I know more about the law regarding this than they do..? Probably thanks to this forum!
  5. I know they're lying, Imp.. . it's just a bit worrying when they're making up lies like that. As if it wasn't suspicious enough, the guy who answered the phone put me on hold to ask his manager what to do, and after he spoke to his manager, they magically found a record of the alleged 2012 payment. If they have the balls to insist that there was a payment in 2012, I'll definitely use your wording Fox - coulda sworn I'd seen a template for this somewhere, but not a huge deal. I share these things for the sake of sharing with others who may be dealing with the same companies. To be continued...
  6. Opening a thread that I'll keep updated as it progresses. I received a letter today from Nationwide regarding a credit card debt I had with them. They informed me that they have passed the debt to CCSCollect. The debt they are referring to became statute barred in January 2013. However, when I called CCSCollect to have them remove my details, they claimed that a payment was made to the account in 2012. This would have been impossible, as I was living in Chile at the time, and had no means to transfer money to the UK. I've sent a letter copied to both CCSCollect and Nationwide today detailing the last payment, the default date, and the date the debt became statute barred. I've stated that the debt is unenforceable, I do not acknowledge any liabilty, and that I will not be making any payments. I also explained why any payment they claim I made would be fradulent - and stated that if a payment had been made, it would have shown on my credit file. I suggested CCSCollect return the account to Nationwide, as they have been sold an unenforceable debt. If they decide to go any further with this, does anyone have the link to the template letter to demand that they prove I made the payment? Hoping this'll be the end of it, but we'll see. Thanks, everyone!
  7. Hi again! I have the CCJ number, date of judgement and amount, and I know who their client is (the guys I owe the money to!). This is what I have written so far "Thank you for the Certificate of Satisfaction for (CCJ CASE NUMBER) on account (THEIR ACCOUNT NUMBER). After seeking advice, I have learned that any outstanding debt is no longer enforceable by yourselves, as you cannot bring more than one claim for the same course of action. I have paid the amount stipulated by the court, and - as far as I am aware - for all legal intents and purposes, this matter is now settled. Given this situation, which prevents you from taking legal action to persue any outstanding amount, and my inability to pay due to my personal circumstances, I am wondering if you could request that your client closes this matter and writes off any remainder on the account. I feel this solution would save a lot of time and effort on both parts. Many thanks for your consideration... Me, etc" Should I add more legal stuff in there, do you think, or go with this for an opening gambit? Really appreciate your help!
  8. Thanks Postggj - I just replied, but my reply seems to have been swallowed by the hungry internet hamster. Drafting a letter to send now when they send through the form for new payment arrangements, will post here when I'm done!
  9. Brian Carter CCJ'd me for a small percentage of a debt I owed in 2008 - (£400 on an £8,000 debt). I have now settled the CCJ portion of the debt, and they will be writing to me to arrange a payment schedule for the outstanding amount which wasn't included on the judgement. Now the judgement is settled, do I have any legal obligation to continue to pay the outstanding amount? I know I have a moral obligation, but if I start paying off the amount above and beyond the CCJ, do I then become liable for the outstanding amount of the debt? I have read other similar threads, but I'd rather 'nip this in the bud' now instead of waiting for them to try and CCJ again for the same debt. Any help much appreciated!
  10. Hi Tom, I paid Newlyn 3 installments of £5... which I'd like back, just to cause them inconvenience and as a point of principle, more than wanting it back. Rough breakdown, without having it to hand, was 3 visits / 1 levy / some schedule charge. They wanted £160 in fees in total, and eventually bullied me into that payment plan... now they've written off the outstanding amount. So I guess I never got round to paying the invalid levy on the vehicle part (I did quote the LGO Blaby thing on my correspondence to Harlow). I just made partial payment for the visits that they never made. I'll keep CIVEA in mind for sure thanks, PT. Such an unprofessional company. they should have some kind of penalty imposed on them.
  11. I'm ex-pat at the moment, so I don't have a local anything... going to see what Harlow Council come back with, then maybe take it to the High Court Enforcement Officers’ Association if it's the only way to get to the bottom of it. I was lucky in finding out they accepted email correspondence, so I was able to put the pressure on for answers regularly and cheaply. It's enquiries at newlynplc.co.uk if anyone stumbles upon this - just mark it for the attention of the complaints department, you'll get a paper acknowledgement in a few days. To be continued...
  12. Thanks for your help everyone - received a letter today saying they've removed all charges from my file - but they still claim they acted in accordance with procedure... blah-blah-blah. And no mention of a refund for what I've paid already, either. Feel like I should take this further and complain, so a full investigation is made as to why the bailiff left no correspondence and made no attempt to ring the doorbell or knock the door. Of course, there's the small matter of a walking levy being made without a DVLA check as well. I've written and asked when I can expect a refund, and in the meantime, Harlow Council is dealing with my complaint against how they handled it, too. Happy with the outcome, but there's a lot more I feel should be done!
  13. Hi Uncle Bulgaria -- thanks for the advice - I paid Harlow Council the same day as the "third" (first) bailiff visit. They have failed to answer any correspondence from me regarding the matter since. These GPS reports look geniune enough - it would certainly be a lot to fake for £160... unless they are that desperate to save face in light of the lies that The Times exposed them for last year.
  14. Thanks WD! I do actually have a breakdown of charges, forgot to mention that bit, which is when the apparent 1st and 2nd visit fees came to light. I'm sending them my correspondence by email, and always get a paper acknowledgement within a couple of days for each email I send them. I think that's quite sweet. And oddly, after writing that message on the board just a couple of hours ago, I found a letter from my Dad dated November 2011 in which he told me that Harlow Council had sent correspondence to their address, he'd phoned them up and told them I'd left the UK and no longer lived with them (all true), and they'd told him to return it to them marked 'Out Of Country'. Matched it up with a telephone call made on their bill to Harlow Council on 17th November. So it looks like it could be Harlow Council's fault for passing the file to Newlyn with my parents address on, seeing as they knew I wasn't living there at the time. I'd still rather get Newlyn to admit that their bailiffs never left any correspondence on the dates they claim, though - that would just 'feel' better...
  15. Thought I'd share this - more for the sake of sharing, although any advice appreciated. My parents received a visit from a Newlyn bailiff at their address for a council tax debt I'd forgotten about (with a liability order I believed I had paid, but I hadn't). The letter said it was their third visit and he had come to seize goods - however no correspondence had been received at the address prior to the visit and the bailiff did not ring the doorbell or knock the door. By chance, my parents solicitor was present at the time, and also witnessed the bailiff come down the drive, push a letter through the mailbox, and not knock the door. He put the walking levy on her BMW - which was pure comedy, really. Note - I do not live at my parents' address! But they let me know, so I paid Harlow Council what I owed them and contacted Newlyn. Newlyn claimed that they had visited twice before, and wanted to charge me around £160 in fees for these visits. My parents are over 80, so they do not go out much, and they knew for certain that they were in the house on the dates that Newlyn claimed the bailiff had visited the first and second time - but no correspondence had been left, and the doorbell hadn't been rung, and the door had not been knocked on these dates. 5 or 6 letters later, Newlyn provide me with the GPS reports for the bailiff that clearly show that his vehicle was right outside my parents' house on the dates they claim the bailiff visited. However, my parents are willing to go as far as making a legally sworn statement that they were in the house on those dates and times and that the bailiff made no attempt to contact them or leave any notice of his visit. They know they were in, and they know they had no visitors. Newlyn said the onus was on me to prove that the bailiff did not visit, but refused to accept an affidavit from my parents as evidence, as it 'could be biased' (because affidavits are just worthless???). They're asking me to prove that someone didn't visit a house I don't even live in. No correspondence had been received at any point before that alleged 3rd visit - from either Harlow Council who I owed the debt to, or Newlyn Plc. I wrote to Harlow Council regarding the matter of the fees Newlyn were chasing, and they never replied. This is what I've done: 1. I've complained to the court that Newlyn would not accept an affidavit from my parents, 2. I've complained to the local council omnibudsman that Harlow Council were avoiding entering into correspondence with me regarding the matter. 3. I've asked Newlyn Plc to provide me with copies of all correspondence they claim they sent prior to the visits, and the correspondence that the bailiff allegedly left on his first and second visits. Anyone with any similar stories? What was the outcome?
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