I contacted the court who told me they cannot clamp my partners car and that I can make an arrangement to pay with the bailiff company. The bailiff did come and remove the clamp but is still insisting I pay the money tomorrow. He said once its gone past 7 days I cannot make an arrangement to pay.

Tragic thing is, if he came in, there's nothing worth taking at all. A cheap £200 tv which is about 6 yrs old.

The bailiff will not accept the DVLA log book and want proof of purchase?

OK so I ring the court and not the bailiffs? Thanks

I paid a fine with the court for £145, albeit a few days late. For a speeding fine. My partner has his car clamped by the HCEO for an outstanding amount of £310. How can it be so high?

He has to prove he is the owner for them to remove the clamp but say they will do so today.

The car isn't mine but has been clamped because of the fact I owe £310.

What can I do?

I think I would rather be unemployed than a part of that bunch of thieveing ****

The partner works part-time. She doesn't contribute to the payments for him and she is second applicant.

I am wondering whether his first step would be to try and claim on the PPI and get it backdated, and failing that, reclaim the PPI as missold. I think he had lost his job the same month he took the Car on in desperation as they have 4 children.

Hi

On behalf of a friend, who has a car agreement loan with Welcome Finance.

The actual agreement - the bit that says 'Regulated by the Consumer Credit Act' - is undated. It was not signed or dated by Welcome Finance, and despite being signed by him, Welcome Finance did not sign or date in the boxes they should have.

It also has PPI on it which amounts to over £2k - my friend was just unemployed at the time he took the loan out with his partner and so therefore would never have been able to benefit from the PPI he took out - Welcome just wanted 3 months previous payslips.

He is now on Incapacity Benefit living on not much at all, and paying for the Car at £360 a month.

What is the best solution to this? The Car loan was taken out around September 2008.

He would be happy to hand the Car back, but if he does he will be left with as much to pay as if he carried on the payments.

Please advise.

Right. Well, the fact that they've failed to provide you with a written statement of T&C's doesn't matter. If anything, it's to your advantage.

Unless they've specifically stated to you that in this circumstance you will not be paid, they should carry on paying you as normal.

 

I'd suggest that you contact your employer and explain that they've failed to pay you. If you get no joy, you can follow it up with a letter.

OK thanks

I will ring them up and see what happens. I just cant believe them

Is it established that you work a set number of hours?

You're not just employed on a 'as and when' basis?

I have done approximately the same hours every week for the whole time of employment, I am paid direct to my bank and get wage slips detailing the hours and commission.

I haven't got a contract, they never gave me one (been there over a year)

I was told over the phone I would be paid, but not in letter.. and not paid!

I was supsended middle of last week, so been about 7 days I haven't worked.

The letter did not tell me how long I would be suspended for, and never mentioned anything about pay.

I check the bank this morning and I have only been paid for the hours that and I did work, and not for the time I have been off.. so I am obviously suspended without pay.

Can they do this to me?? Surely they have to let me know? I have bills to pay this month and childcare expenses to meet .. they should have let me know!

Hi

Must admit don’t really understand this thread I thought catalogues were exempt I know Littlewoods is because they fall under section16a of the act and do not have sufficient TCC to qualify under the associated SI.

When they do offer credit they make the customer sign an agreement for the particular goods.

This type of selling is generally covered by the distance selling regulations because there is no interest charged.

The distance marketing regulations come into force in 2004/05(si2004 2095) and cover any consumer credit agreement that takes place without any face to face contact. The regulations allow the contract to be executed remotely (ie over the phone) or electronically and amend most of part v of the act they have particular relevance to copy requirements and pre-contractual information.

I did an in depth piece on these a year or so ago it is on my enforcement thread

Peter

But any pre 2004 opened online are able to be unenforced? Next dont chase me.. they just wont remove the default and I think I am going to pay it

I thought it was Klu Klux Klan? No mention of Klutzes?!

Next are sneaky and tell you rubbish.

They threatened me with court via Graham something - I rang up and told them to take me to court as there is no CCA. I heard nothing further.

I had a meeting with a manager (there were 2 of us in this meeting) and in this meeting she screamed at us, told us we were to put up with and shut up about our jobs, not to listen to the bigger boss because he talks rubbish, and made to guess our job role at the company. We tried to speak up, but were shouted down.

I walked out of the office into the reception, and swore on my way out of the building. I did not swear in the room, or at the manager, although it was overheard.

I rang the office back up to speak to someone who I knew had overheard the conversation, and knew that they had commented on the unprofessionalism of the manager. They told me they would ring the other boss.

On the next day I was due into the office, I was handed a letter and told that I was suspended and I would hear from them in due course. The letter said that I was suspended following them taking a statement of events from the other people in the meeting. I then left the building.

At no time, was I asked to give my statement, and I was the only one suspended.

I then receive a letter saying that I was suspended over the swearing in the reception and have witnesses. They want me to write my statement of events (finally!) and send it to them within 5 days.

They have not mentioned a disciplinary or what they are investigating or why they might be doing this. I have worked there for over the year. I do not have a contract and no copy of any grievance procedure

Thanks

You are being victimised here

Don't let him get away with it!

The 2k one is now back with the original company - who refuse to take anything other than full payment.

I could wait I suppose until it gets sold again, but I figured if I wrote offering maybe 1k a DCA would jump at the chance.

The original company said it is in the process of being 'passed on' again.

It would seem you have the upper hand - you can say that since the company took over, you and your wife were surplus to requirement and have worked you out of jobs?

With an unenforceable credit agreement.. and them not chasing me for payment.. I really wouldn't bother if I didn't want to work in a bank!

The time is coming soon where I will have to submit my credit file through a company for employment purposes - this is weighing heavily on my mind.

I have an old default of more than 2k which I am now in the position to pay off completely.

Plus a more recent default (all charges) but I was a little too late to stop it.. anyways.

Both will be paid off this week.

Will this still look bad? What will the company see? Will they see I am still risky or will my credit file miraculously be great again? (I don't want debts, once bitten twice shy)

Hey noodle

I haven't been on here for quite some time.. and I hit a brick wall with these myself!

Last time they contacted me they sent a letter stating they would be taking me to court in 7 days or something similar... this was many months ago.

Also have no CCA - this is from 2004 when I set up the account (before digital signatures law came into effect).

They wont pursue payment but wont remove default.

K Fraser Associates is just a trading name of:

P & J Consumer Debt Services.

 

K Fraser Associates do not have a CCA Licence, this is permitted as they are simply a trading name.

 

It is P & J Consumer Debt Services that need to be reported...Report them to the OFT.

 

AC

They are not a well known DCA though are they?

I am convinced this is harassment, else why else would the OFT insist they stop contacting the neighbours?

Bit late for me though!

thanks angry Cat - yes thats them. Their names are given in the footer in my letters... or rather my neighbours letters

Who is this Kathy Fraser then?? Can they use that name ... seeing as Kathy Fraser isn't registered and they are harassing me on an unregistered address?

Is there anyway I can find out which companies actually use these scumbags?!

The CSA is a laughable old boys club and 1st crud's mr naboo is head of it at the mo

I must admit I was thinking that as I looked around their website

The ICO have a complaint already, so that leaves me with the OFT and writing to my MP..

Which I am doing right now!

yes i do, but none that i can post on the forum as they are in use in litigation at this moment in time

 

Its quite easy to plead un-enforceability of a credit agreement under these conditions

OK thanks PT - and I can get the ball rolling myself, without it being seen badly on me in court?