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comebackjimmy

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comebackjimmy last won the day on June 17 2019

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  1. I once assisted a friend's mother by attending her house as Bailiffs were inside. They were seeking payment for a debt of the grand daughter who had lived in a room upstairs. These nasty barstewards were busy taking away items from the Grandmother's living room including a flat screen TV and other valuable furniture, clearly goods not owned by the grand daughter. So yes defo do not let them in. I believe that if they attend a couple of times and can't get anywhere they return the debt to the Council stating they are unable to enforce. the council then has to take the next steps whatever they may be.
  2. They have recently changed their outbound emails and letters to the "we are here to help" warm and fuzzy image. I personally loath this mob and the propaganda they are applying is sinister in my opinion.
  3. Back in 2006 I came face to face with a debt problem which was that I could clear my debts or help a family member and I of course chose the latter. The resultant onslaught of phone calls and letters was at first unsettling but I realised, particularly with the help afforded by this site that in reality there was nothing they could do. If your friend has no assets then they can't take them, If he challenges their assertions to the debts then in the main they can't prove them, if he has nothing then they will not make him bankrupt and even if he has something they will not make him bankrupt because they have to pay the fees and then anything your friend has is split up between all the people he owes so no business will go that route. In short, although they will huff and puff they are pretty much not able to blow his house down even if it is made of straw like mine! He should adapt to the situation and turn it into a hobby like I did/do. I actually collect debt collection letters and other things they send out. When something arrives in the post I am likely to say "Oh I have got one of those" or "Ah something new for my collection". Thinking like this causes the intimidation to drop away and become ineffective. Tell him to can his worries and start enjoying life, because I guarantee that the Creditors are not staying awake worrying about him! He is just a few magnetic dots on their hard drive and is in their threatomatic machine. Depending upon his reaction he will be moved around the machine and there are parts of the machine which are programmed to deal with debtors who don't respond and that is to park them out of the way and work on other ones.
  4. Hello In my view a self imposed bankruptcy is not necessary. Your friend just has to accept the situation he is in and set things up to deal with it. I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end. He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport! In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments: You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope. The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off. Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”. To that extent I would follow this plan: Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom. (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability, mostly it's game over for them. Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place. As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way. I welcome any comments from other CAGers, particularly if they spot any mistakes.
  5. Hello all One of our drivers visited Birmingham airport and we got an SI from Apcoa. Details as follows: 1 Date of the infringement - 5th September 2021 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 10th September 2021 3 Date received - 17th September 2021 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] - No 5 Is there any photographic evidence of the event? - Yes 4 x colour photos, 1 shows the driver outside the vehicle 6 Have you appealed? [Y/N?] post up your appeal] - No Have you had a response? [Y/N?] post it up - NA 7 Who is the parking company? - Apcoa 8. Where exactly [carpark name and town] - Central Terminal Area (that's all it says, the location is not otherwise referenced. Driver says Birmingham airport). Will read similar threads. Any advice welcome.
  6. Thankyou Uncle bulgaria and Man in the middle for your responses. What you say is very much what I expected. I was hoping for some sort of mitigating position but not really expecting it. I will run it past our driver as it is very much up to him. Grateful for your input.
  7. Yes. The driver went to my colleague to ask to use it and was given the keys. The subject of insurance never came up. My colleague assumed the driver had personal insurance but it turned out he had not.
  8. Hello all A driver who works for our business as a contractor borrowed one of our vans to tow a boat. He was stopped and found to have no insurance cover for the vehicle which was impounded by the police. (We later recovered the vehicle and load). This was one of a number of vans we have but the insurance cover on it was limited to one individual rather than an any driver company policy. The driver did not know that and was caught out because the vehicle was only insured for one person and our driver had no personal insurance for another car that would allow him to drive any other vehicle with permission. He does have permission to drive any of our vehicles. He picked this one to drive (because it had a tow bar) assuming he would be covered. He has now had a conditional offer of a fixed penalty of 6 points and £300. Obviously anybody would want to avoid that but in this case he is a professional HGV driver and it will not help his future insurance payments to accept this penalty. Does anybody think it is worth going to court and pleading the case with the magistrates? Our business could provide a written statement as to the background of our insurances for vehicles and indeed attend court as a witness on his behalf. Alternatively is it worthwhile writing back to the police with this explanation or will it have to go to the prosecution service before that step is taken? Or is it best to just suck it up? Any opinions precedents or comments appreciated.
  9. Hello I had success against Lowell/Vanquis. I strongly advise you get a SAR to Vanquis so you can get a copy or evidence of the date of the Default Notice, unless you have already got it on file. This might take up to 30 days so do it now, just in case the case starts to progress. You might get a phone call from Vanquis asking why you want your data. I did. I think the lady concerned was somewhat inexperienced so was unsure how to handle a SAR so I was very polite and explained that I had a legal right to the data but that what I really wanted was a copy of the Default Notice. (I already had one but I wanted belt and braces!). They sent one by return of post. If this happens to you then you can decide whether to insist on your legal right to the full data dump which might take time or would be satisfied with a copy of the DN. Knowing the exact date of the DN would allow you to identify the exact Stat Bar date and could save you a world of pain. Lowells subsequently gave me cock and bull as to why the account was not Stat Barred and once you have the date and it passes you can safely ignore their protestations. By the way after I got past the stat bar date I also hounded them to clear my credit record which they had re-defaulted way back when ..... so check that as well, though it is of secondary importance to getting to the stat bar date. Good luck.
  10. Hello I am following with interest and you have my greatest sympathy for the way circumstances have tumbled you around. I am not legally qualified but I have had plenty of experience refuting these dodgy DCA's with loads of help from this site and I am happy to give back where I can.. If I understand your situation correctly you have in summary: 1. Received a County court claim form without any supporting evidence. 2. As part of your defence you have advised the Court and the other party that no supporting evidence exists. 3. The claimant was forced to stay the case as they were unable to provide what was required to pursue their case. 4. They have now come back, still without a considerable amount of the material, with a bullshit letter that they hope will force you to cave. Is that right? My personal view is that their (and your) position has not changed. They have written to you with a lot of legalise and no enclosures in an attempt to railroad you into agreeing with their position. This is an act of a Claimant with a weak case. As the position has not changed I do not think you need to do anything. Previously their claim was issued, your defence was made. If this is a legitimate case the next step is to continue the court process, which is up to them. At the appropriate time they will have to produce their written witness statement and exhibits if any. (Conversely if it is not a legitimate case they will at some point have to fold). Between now and then, let them stew. Having properly submitted your defence you are under no obligation to do anything else until the court instructs you. I love doing nothing. It really winds the other side up. I would sit tight and not answer anything but I would open all post and file everything in date order. I would come back here and advise on everything you receive and in particular anything you get from the Court. In short I agree with Andyorch Post #5 who is far more qualified and experienced than I!!
  11. My sister in law emailed the agent that set up the insurance policy for NFU and she says that if my sister in law writes to cancel the policy herself then they will withdraw their own cancellation and she will be free to approach other insurers without having to tell them she was herself cancelled. she is doing this. I will follow Unclebulgaria's advice and place her debts details on another thread with a view to seeing if it is worth challenging enforceability. Thanks to all that helped out on this thread.
  12. I think that if debt collection activity resumes they will take it to a point where they apply to Court for a warrant to fit a pre-pay metre with debt reduction settings or failing that, disconnect the supply. That will all come with extra charges so probably better to try and get the account sorted once and for all. I have another thread on here with a similar problem.
  13. How long for it to vanish? Is it six years? (England not Scotland).
  14. Thanks DX Pretty much my thinking. I told her it would likely be somewhere in the T&C's. I offered her help in challenging the IVA even before she started but preferred to go that route as she was afraid of possible consequences such as court cases and bailiffs.
  15. Hello all About two months ago my brother and his wife took out a fleet insurance policy with NFU. It has just been cancelled and the reason being give is that his wife has an IVA. According to my brother no question was asked as to the existence of any IVA prior to the policy being offered but as a result of the cancellation my sister in law is anxious because wherever she tries to get insurance she is obliged to declare that a policy has been cancelled and all the offers dry up. She feels she has been done over by the NFU as they offered the policy and then cancelled, putting her in this position. Has she not taken up their policy because they did not like the IVA then she would not now be in this position. I would ordinarily go to the NFU and ask for a SAR to see what was asked (done by phone so a recording should be available) but I suspect my brother set up the policy via his Ltd company so that is not an option. Anybody got any comments or remedies? Thanks in advance.
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