ncm-000
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Interesting - thank you. Do you know if this argument has been tested in court, or just chewed over theoretically?
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I really do not see how it matters whether or not the debts are sold individually or in bulk as a 'portfolio' If the bank declares them as bad and sells then at say 10p in the pound the remaining 90p in the pound is offset against profits and therefore corporation tax is not paid on that 90p in the pound. That must limit the actions the purchaser can take particularly with regard to the civil court and reasonableness, as the saying goes 'what would the man on the Clapham Omnibus' think of the banks / debt collectors getting two bites at the cherry.
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But does it :- a. prevent them selling it on. b. prevent a purchaser chasing the debtor for the full amount. c. limit the debt in some other way. Seems strange that it can be 'written off' but yet still be collected. That gives the original owner two bites at the cherry. Would that pass the reasonableness test in a civil court?
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Knowing that Banks consider themselves above the law is there a tactic available to CAGers to contact HMRC when advised of a sale of a debt and query if the OC did write the debt off and claim the debt relief, because if they did it would invalidate the sale. Would it be safe to imply that one has reason to believe that this fraudulent activity has taken place. I.e. case law for each OC having been caught once so are they at it again?
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Gazza112 Vs Halifax Credit Card
ncm-000 replied to Gazza112's topic in Halifax Bank and Bank of Scotland
This does not take into account that I am paranoid, I much prefer to keep the other accounts under wraps and stick to general advice. I am sure you will have noticed I do ask rather a lot of generic questions rather than specific ones to each problem. I do not think the DCAs are stupid at all. I think they hold the punters in utter contempt and are quite happy to break all the rules knowing that their chances of anything other than a slapped wrist are minute. Should they get a real slap then thy shrug their shoulders and carry on regardless. For every upheld complaint I guess there are 1000's of confused punters paying up and lining their pockets. -
Gazza112 Vs Halifax Credit Card
ncm-000 replied to Gazza112's topic in Halifax Bank and Bank of Scotland
Only one of my outstanding accounts provides any regular paperwork. That is what looks like a monthly statement showing the full balance due for immediate payment. It comes twice a year nad is the only communication from them for the past 3 years, no DCAs involved. I do not mention who it is as I am a fully paid up member of the Conspiracy society that firmly believes that DCAs etc. lurk here and I don't want to stir the beast. -
Gazza112 Vs Halifax Credit Card
ncm-000 replied to Gazza112's topic in Halifax Bank and Bank of Scotland
Well the one at the front of my mind today is an old MBNA CC sold to Arrow. This has been chased by 8 different DCAs. never since the default in August 2008 have I received a 'statement of account' only letters stating the amount owed and their 'begging' prose for payment. -
Gazza112 Vs Halifax Credit Card
ncm-000 replied to Gazza112's topic in Halifax Bank and Bank of Scotland
Once the debts are SB'd and these bottom feeders are truly toothless then I think is the time for the complaints. Presumably the debt holder not their lapdog DCA that is required to supply the annual statements? -
None taken, you are new here so I offered the simplest route, does not mean it is the most appropriate. Bespoke letters are always better than templates, but hard to write and many do not feel confident in doing so. Standard practice, I am sure one of the 'Big Guns' will be more than pleased to assist you with the letter.
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change of payee on old RBS tesco loan CCJ
ncm-000 replied to Elfet01's topic in Royal Bank of Scotland
Who sent the letter? -
Gazza112 Vs Halifax Credit Card
ncm-000 replied to Gazza112's topic in Halifax Bank and Bank of Scotland
And if they do not? I have a number of ongoing cases where I have NEVER received a statement of account in the 5 years the matter has been on-going! -
More 'kicked in the Butt' by a Donkey
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Yes I am new here, however, I have been fighting a lone fight against half a dozen of these bottom feeders for near enough 5 years now. Also I am a seasoned Forum user and on some considered 'senior' or 'guru' status, so I do know my way around and there is nothing like a senior member jumping down the throat of a 'newbie' to make him think he is not wanted. I am not one for using templates and some of my own letters would raise a few eyebrows here I am sure, but many are not as literate as myself and a few of the old hands here, so I suggest a template letter. Finally I have noticed that there are about 5 or 6 'Big Guns' here who do all the heavy lifting and felt I could offer some basic advice of a simple nature, perhaps to ease the load on them. I have found on other fora that 90% of questions are usually simple and easy to answer. The skill and hard work is in answering the other 10%, so if I can ease the burden on those answering those 10% then I feel I am contributing.
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I am a bit out of the loop nowadays but back in the day then 'detector vans' certainly existed and worked, they used DF techniques and locked onto the IF Oscillator which is a transmitter. Now the new digital systems may be different but I think they still use ID oscillators so they can detect if the progam beilg watched is being received by the Aerial or via the Internet ( no RF/IF for the internet). Then of course I could go into the whole 'Tempest' scene.
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Before you jump down a newbies throat when he is only trying to help - think of the reaction you might get. Yes the contract might be a 'given' but not to the OP. I suggested a 'prove it letter' as a first step to show the OP that he had a response and somebody cared. And it just might have sent them packing.
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I will keep my mouth shut in future - l leave all the heavy lifting and the basics to you
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Take your baseball bat
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You might want to hold on and wait for one of the 'Big Guns' to give you advice before starting your PPI claim. I think there are a few wrinkles you may need help with (way out of my league to assist you). But better safe than sorry. You could inadvertently open a can of worms.
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I think a simple prove it letter is the best opening gambit. http://www.consumeractiongroup.co.uk...ng-of-the-debt The result will let you know what you are dealing with. If it is SB then you will find an appropriate letter in the library. If this does not apply then come back and say so. Then one of the 'Big Guns' will take over with more detailed advice.
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I think a simple prove it letter will sort out exactly what CRS are chasing http://www.consumeractiongroup.co.uk...ng-of-the-debt If no enforceable agreement exists between you and Swinton then CRS will probably run for the hills, the debt is so small they are not going to expend much effort (and cost) unless they are pretty sure they can win. Remember the standard advice given by the 'Big Guns' here, DO NOT TALK TO DCAs, get everything in writing.
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I think a simple prove it letter will send them running for the hills. http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt If no agreement exists between you and Thames Water then I think they are on a hiding to nothing.
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IMHO nothing at all, after that admission.
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The general advice here is NOT to engage the DCAs in phone calls, they are well practiced in their technique and unless you have a top class baristers education they will probably get the better of you. They will almost certainly record all the calls and try to trap you into saying something you will later regret. I think you shoule heed the advice of the 'big guns' and send a letter from the CAG Library telling them to cease and desist with the phone calls.
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