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  1. Hi there, thanks for responding again, I don't want you to think that I am not grateful: I briefly touched this earlier on in the thread - my wife was admitted to hospital for quite some time - she was late (not missed) one payment - I had to get her to sign a document giving me the right to deal with the matter, I called them and whilst she was in hospital they agreed a reduced payment schedule which we stuck to exactly - then shortly after she came out of hospital we learned that they had defaulted her despite saying that if we kept up the payments they would not do this. They told us at the time she didn't have PPI which is why with a job that didn't pay sick pay, we struggled with the payments (and others too). At a later date we requested to check for miss-sold PPI and found out she did indeed have PPI all along, we didn't actually click on at the time that she should have been paid out whilst in hospital, and then she would of never missed any payments or had a payment plan. Despite sticking to this plan they defaulted her and immediately sold the debt. Yes they did "mirror" the default but its on the credit file from BC and MKDP LLP concurrently and the number of defaults is listed as 2. Experian said this should not happen, but told us to contact BC to sort out who never did. This was from 2011 which is why it "drops off" her file later this year; Robinson Way actually told us this?? Like I said they have been informed it went to Court and MKDP LLP (HPH2 Ltd) lost, they have been provided with the Court date, location and case number. they know she only has a default until December, they know there was a Court Case in which it was proved she did not owe a penny, yet still they chase. Despite it not being RW who lost in Court they have all the details yet continue to harass and make vexatious claims - surely this is wrong on so many levels, and surely a judge wouldn't be impressed? Sorry for the rant but when you paid a debt off years ago how long can you be chased for that debt without getting extremely annoyed, I cant say on here what I really think. We don't have all the statements but at some point we sent SAR and have therefore got a printout of everything. Hey hold a minute, so if MKDP LLP, HPH2 Ltd and RW are all part of Hoist surely there is no excuse for not knowing that MKDP lost this in Court already? So WHY are they chasing, surely this is just not legal?
  2. She didn't? It was paid in full by the time BC sold it to 3rd Party - 3rd Party registered it as default straight away without any opportunity to pay what do you mean nothing to do with owners? There iwas no debt to own in the first place? They own nothing, that is the point here which with all due respect I think is a point you are missing?
  3. We would ignore, but we have wanted to remortgage for 2 years now and can't because of this on my wife's credit file. It's just not justice; I'm not saying life's fair sometimes but this takes the Mick.
  4. BCard sold debt to MKDP LLP MKDP lost in court Robinson way chasing. It says on today's letter "former HDHP 2 Ltd ( Barclay card) (never heard of them? They want all the details and my wife is ( stating) she is "not giving out any more of her details to another company who has no connection with her whatsoever" she's obviously miffed. we gave them the case number and court and told them to obtain a copy of the judgement. They didn't and wrote back that Barclaycard had no knowledge of any order or judgement - but then they wouldn't because it was MKDP LLP. RW have even admitted this drops off my wife's credit file in December, it's been that long. My wife was intitalyy refused car finance from VWFS 3 years ago because of this, we sent the underwriters our Court Defence and luckily because of this and 10 previous years of faultless payments to them they reversed the decision - my wife was on a PCP plan and would of had her old car taken away and had no car to get to work. We are just really annoyed now and want someone to pay for what they have done.
  5. Keeping it brief: 2011 owed £8k to Barclaycard We Win 11k PPI from Barclaycard, BC state in letter they will keep any PPI due against balance, and duly transfer 3K into our bank. Fair enough, debt cleared and we get 3K. 2013 we find out BC have sold "debt" to DCA and they chase us for 8K, eventually goes to Court in Dec 2015 DCA lose. End of. But no, DCA sell debt to Robinson Way! They chase us, we give them CC case number and court date and tell them to take a running jump! Still chasing us we need this stopped it's been 4 years now and all the time on my wife's credit file. Suggestions greatly appreciated.
  6. Give you a clue - you are on the right trail and your so CLOSE you wouldn't believe it?
  7. OK, so just because I haven't actually paid these charges, doesn't mean that they shouldn't be refunded, but in my case refunded to my account so that the account shows correctly what I owe, yes? Hey, many thanks again DX
  8. Is there some legislation I have to quote when writing to them? I'm happy sending out SAR or CCA but just don't know why I have the right to claim these charges are written off?
  9. Hi there I am 41 months into a 48 month standard HP agreement. I paid by DD on the nose every month until around the 30 month time, when I became unemployed (no PPI by the way). Since then I have failed to make some payments on time, but NEVER have been more than 30 days late. I'm no angel this I realise but as I type this at least i'm up to date. Every time I fail to make a payment a DN comes out etc etc but I always pay up. As I have 7 months left to pay and my payments are £400 (but the last payment is £550) I should have 6 x 400 plus 1 x 550 or £2950 left to pay. But my credit file which was updated in April says I owe over £5000? The HP company have said this is because of charges incurred for late payments and a home visit which was £75? I checked the date and time on my CCTV and not one person visited my house that day. Are they having a laugh? I advised them that the payments under a HP agreement are fixed and that in October on my final payment they should remove my vehicle from the HPI register - but they said they will not until the full amount on the account is clear. I expect to pay something for my late payments, like I said I'm no angel in this matter, but this is ridiculous; could someone tell me where I stand please?
  10. Hi there BazzaS - Yes on procedural grounds, and my wife wasn't aware that she was speeding, but couldn't say she wasn't - she said the first time she saw the camera flash, but didn't see it the second time - yes she may be guilty, but she cant keep getting into even MORE trouble just because of the post? If you #r postie was your best friend and he kept ditching your mail he would be breaking the law anyway, but I do see your point. I need someone like yourself not to advise me, but to give me information so that I can make an informed decision. And If they just say "well we have complied with procedure" and get away with it there's not much point in contesting it I guess.
  11. Dear All, I need some advice for my wife. We have had a terrible postal problem; after reporting our postman for an incident over a year ago some of our mail seems to simply go missing - I wonder why? My wife received last august a witness statement for a court date for speeding and failure to provide - we had received no NIP, no reminder and no summons. We contacted the ticket office and explained about our post, and they agreed to fine her and give her 3 points for the speeding, but drop the offence under 172. Later on in 2016 a neighbour brought round a summons for, wait for it, failure to provide and speeding. We initially thought that this was for the ticket earlier on in the year but realised it was a separate incident at exactly the same GATSO! This time, we hadn't received the NIP or reminder, and the Summons clearly addressed to us at No 14 was delivered to no.29 round the corner, and the lady asked around and found out we lived at 14 and brought it round. Guilty of the speeding or not, my wife couldn't keep accepting points and a fine like this, so we decided to plead not guilty and to explain to the magistrates. We have had a letter drafted and signed by our neighbours confirming the above, and have had Royal Mail conduct an investigation into our mail not being delivered. The investigation is ongoing, but they have found no wrong doing at this moment in time. However, what they have said is that the Courts use proof of posting only, whereby bulk mail is signed for by the postal service as collected and therefore "posted". But they have also stated proof of posting IS NOT PROOF OF DELIVERY to the recipient, and that the recipient has NO CONTRACT with Royal Mail, their customer is the Court in this case and it really should be them that complains if their mail that they have PAID FOR is not delivered. They have looked at our complaint only on the basis that several items of our mail have gone missing over time and that there may be an issue. So we were going to go to Court and to state that the NIP etc was not delivered within the 14 days allowed, arguing that the post is the Court's responsibility, therefore both charges should be struck out. I know that there be many cases whereby someone simply states they didn't receive the NIP, and that the Court "get around this" with their proof of posting as is taken as papers are deemed served, end of. But surely if there is a genuine doubt if the NIP has not been delivered then this should be listened to? Whats thrown me today is that the CPS have written to us (again similar to last time) offering that the charge under 172 be dropped if we change the speeding offence to that of guilty and accept points and a fine? Really don't know what to tell my wife to do? Suggestions would be appreciated.
  12. Sorry to explain better - I do live in a Micro State but in a very unique one - that is not part of the EU, EFTA or the Euro zone.
  13. Many thanks for your reply However I am not within the EEA or a non-EU Microstate I live near to Spain not actually in it - I am aware of the fact that the forum is public to view so I chose to restrict this information, sorry. around £2,000.00
  14. Dear CAG members During early 2015 Lowell were chasing me for an old debt and I pointed out by post that I now lived near Spain - but I still own my house in the UK where they were sending mail to. This carried on and I rang them and told them to stop harassing my tenants. This still carried on until a CC Claim came through - which was forwarded to me, correctly or not if I had not of responded I would of received a default CCJ - so I responded with my defence as Out Of Jurisdiction - I am not even living in an EU member state. It went to mediation and I was explained that they didn't believe that I lived abroad as there was "active" credit at my UK address in my name. Yes of course there is as I have 15 years left on my mortgage, and my mobile phone contract renewed there in August 2015 as my UK contract has FREE calls abroad, here I cannot get a Foreign mobile with free UK calls. The Court has just sent a letter on 6th jan to my UK address and I was sent it and received it yesterday abroad, giving me only until 14th jan to justify my defence as the court believe that "it has been served at my last known address and therefore can see nothing wrong with service". If I don't respond they are going to strike out my defence. The Court was notified on the AQ that I was not back in the country until JUNE. I'm back in the UK today for 3 days, but that's not the point, surely the Court has firstly missed the point that I am NOT in the country let alone able to respond to their letter in 6 days? Also as I informed the Claimant of my foreign address they are being vexatious in continuing to serve at my UK address knowing that I could not reply and would therefore be liable to a default judgement? Its only by chance that I have a family member renting my house so I really get the mail by default. I can probably just get this done and include a utility bill etc from my address abroad, I'm not even on the electoral roll for gods sake and have paid my last tax to HMRC for year ending April 2016. Its a case of damned if I didn't reply and damned if I did !! But why should I be doing this??? By my understanding I cant even put in a counter claim as I am OUT OF JURISTICTION ! And any help what to put would be grateful.
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