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Rafas_Reds

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Everything posted by Rafas_Reds

  1. Sorry to hear that mate you may well of been a victim of fraud and I'm guessing that you have already got a copy of your credit file hence the surprise whoever you got a copy of your credit file from raise the issue with them highlighting fraud ie experian,equifax or callcredit this should get things moving quicker, they will then contact 02 directly and you will probably get a quicker response that way. The credit reference agency's have an obligation to keep accurate data... One thing worth bearing in mind is that o2 have bought several companies over the last couple of years such as link, a broadband outfit and others i cant remember.
  2. Several years ago my uncle transferred a couple of lock up garages to me and the solicitor organised the deed of assignment that granted me all the title and rights that my uncle had enjoyed such as the arrangement that we have with the railways. So some people would say that the rights from egg have been transferred to the dca so they could levy under eggs t&c. This is contradicted though by the oft guidelines the debt collection guidance updated in dec 2006 However have a look at charging for debt collection 2.9 and 2.10 Applying unreasonable charges for example charges not based on necessary and actual costs. http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Out of interest when capquest bought the debt off egg did they add a default and remove eggs one, or just continue with the existing one if any at all.
  3. Just a thought you could contact m&s and ask for a copy of any cctv footage that lead them into believing you were acting suspiciously and any accompanying transcripts that they passed on to the police i understand that they would be legally obliged to do this...
  4. Hi zimmie first of all stay calm you say that cquest have bought the debt off egg have you had a copy of the notice of assignment to cquest, they may well just be collecting on behalf of egg. My partner had dealings with this company sometime ago and they try to worry you in the hope that you might increase payments to them. Don't let them bully you, send all correspondence to the company via recorded mail and keep all correspondence from them if you have decided to honor the debt, dcas have to behave in an appropriate manner there are guidelines laid down by the oft. The following may be of some use to you and gives more info regarding assignment Debt collection: Recovering the debt through third parties Also ask for a statement from them detailing payments received and if you want you could even sar them this would force them to release all the info they have on you but you would have to pay £10 for this Hope this helps...
  5. Hi all other half has been paying a dca a nominal fee per month, but one day when they were contacted they advised her we are no longer responsible for the debt and they claimed that the original creditor needs to be contacted. So several phone calls later and whilst speaking to the third company it is apparently in the hands of the banks solicitors who are apparently in the process of selling the debt but at this time cant confirm who will be taking over the debt. This debt has had several dcas attempt to collect the debt in the past, am i right in thinking that each time the debt was passed around the original creditor should have contacted my other half with a copy of deed of assignment and notification of who shall now be pursuing them.... If so what act have they breached if any at all. Is it worth sending a S.A.R - (Subject Access Request) to the banks solicitors and the previous dca to obtain transparency. Or is this just a waste of money.... I know the oft has clear guidelines for dcas and banks to adhere to, any suggestions on a covering letter to address to the banks solicitors who are in the process of passing the debt around again, have also sent the original creditor a S.A.R - (Subject Access Request) and dca as my partner has been mislead by a previous dca into thinking the debt was for something else.
  6. Thanks for the response much appreciated i didn't think that paying a dca was an admission of any guilt as they generally send a demand out for xyz and usually bully people into paying, is there still not an onus on the bank to produce any original documents ie cca agreement as after contacting the court they stated that the bank only sign a true certification and don't actually show any proof before getting a ccj enforced.... Don't worry about being harsh as i am here for advice.....
  7. Hi all advice my other half had a student account between 99-02 on the account was an overdraft facility of 1250, when the account was not used for about three months out of the blue she got a letter demanding full payment whatever occurred her losing her temper the bank being overzealous it resulted in her being defaulted and then ending up with a ccj all this correspondence was at her student digs address... For the last 18 months she has being paying a dca a nominal fee of £7 per month,Now recently she obtained a copy of her credit report and it shows that a judgment was entered for just over £2000 dating back to dec 02. Now the purpose is to try and clear her credit file asap although i fully understand that the cra have an obligation to report accurate data, however this should work both ways as she was clearly defaulted and ccj issued against her for an amount that did not relate to any outstanding balance. After browsing through the archives and templates we are looking at it seems that we need to fill in a n244 to request for the ccj to be set aside and provide the judge with as much info as possible as the original judgment was not defended. The court also mentions that a district judge will then look on the evidence and assess if the ccj gets removed. In the mean time we are awaiting a S.A.R - (Subject Access Request) to come back from the court and the bank involved and also awaiting copies of any default notices that may have been issued. (i know that the default and ccj expire after six years) Question 1 Will the judge even look at the application as the ccj was issued so long ago? Question 2 What info is the district judge looking for to nullify the ccj? Question 3 Will the courts have to disclose all the info that the bank supplied when requesting the ccj be issued under trhe S.A.R - (Subject Access Request)? Any advice welcome before we make matters worse ....
  8. Thanks for the prompt response will keep you updated....
  9. Hi all making this enquiry on behalf of my younger cousin who has been paying capquest a nominal amount each month for the past 15 months to try and clear outstanding debts with hsbc and barclaycard for debts accrued whilst a student one is an overdraft the other a credit card.... They are stating that because they haven't received the payment on the 9th of feb and also due to irregular payments over 15 months, they want the full amount. Jackie is unable to do this as she is a fulltime carer and in receipt of carers allowance and income support, they are also in receipt of proof of this and have an income and expenditure sheet. The graduate account was opened in 1998 and shut down in 2002 for inactivity the debt passed on was an overdraft i assume this comes under the cca although i understand that this is a grey area ?? Although the account was opened more than six years ago i assume that for them to legally enforce the debt they would have to hold a copy of the original cca or does the payments over the past 15 months entitle them to special dispensation.... We have even clubbed together and offered to make them a 40% offer as a full and final settlement but that has been refused..... Help needed...
  10. Any views before i get myself in too deep !! Also do i have the right to see any information passed to the bailiff by the local authority, collecting the debt with my details on under the data protection act 1998 or any other legislation??
  11. Hi all! I rent a commercial unit from the local authority and funds were not received on the 1st of Nov, so as per tenancy agreement they passed on to Bailiff company. We had a verbal agreement that Nov payment would be deferred to dec but that was overridden by the finance team. Before this occurred i was not in any arrears. I have read the section entitled bailiffs and their fees and it seems that an appropriate person to collect a commercial rent debt would need to be certificated. The type of letter that was posted through my premises mentions a removals officer and states removals of goods notice but doesn't mention anything about certification or distress for rent. The local authority have now received Nov and dec rent payment via chaps payment as they refused this via their cashiers office. But bailiff states he can keep calling until council call him off the job and he told me he would visit twice on Friday even though he knew i had paid via chaps (personally delivered copy to finance department on fri) Nobody has gained access to my premises but yet they wanted £575 charges upon realising that the council had been paid they have reduced this to £200 via my one call i made to them and he claimed he would get the money from the council. So where do i stand the rent has been paid to the council but the agent that was instructed by the council has done a job even if its posting one letter through my door and engaging in a brief telephone call. I understand that commercial tennants are treated differently however local authority's surely still have codes of conducts to follow i.e employing agents who offer transparency ie itemised bills not ones made up on the back of a matchbox and who are fit and proper people who conduct themselves in a professional manner Any views on the best course of action to take next. Also one final thing is their a maximum amount of times a bailiff can claim he has visited the premises. Thanks...
  12. Thanks for making me aware of the landlordzone property forum i will browse that now.
  13. Thanks for the response council have been paid in full for Nov and DEC excluding any bailiff fees the bailiff and the council are aware of this as 17/11/06. But as you can understand Mr bailiff is not happy and claims he can continue to pursue this until the council call the debt off. The letter i have states it is a removal of goods notice and there is a name on there the males name and below it he is listed as a removals officer (is that a real bailiff) it doesn't mention anything about certification Also the letter does not mention anything about distress for rent it states Removal of goods notice For unpaid commercial rent Amount now due £1946.83 I have attended today with the intention of removing your goods and chattels as are necessary to discharge the above debt. I will re-attend at your address on 9th/10th to collect full payment. Should you wish to avoid this distressing course of action contact me immediately on a mobile number.... In theory the council should contact the bailiff and let them know they have received payment and any action should be cancelled however in my view i need something in writing from the council and the bailiff to clarify if there is anything outstanding as i don't want these clowns to issue any defaults/judgments against me. Thanks again...
  14. Hi all been browsing the website and has helped me over the last day or so but i could do with some advice about how i proceed further. I rent a commercial unit off the local authority for business usage and payment is required on the first of the month. I had a verbal agreement with the landlord that the Nov payment would be held back to December due to personal circumstances. I assumed everything was fine and when i attended my property on the 15th(evening) there was a removal of goods notice through the door for £1960 dated the 8th of Nov, that included bailiff fees of 575 pounds and the bill was for Nov and DEC. I contacted the landlord who said sorry the finance team have decided to pursue the matter as per tenancy agreement. After speaking to several people in accounts finance etc they said as payment was not received on the first they were well within their rights to take that form of action and if i had an issue to contact my local councilor. I accept that the council are well within their rights if a payment is a day late commercial landlords can demand immediate payment. They advised me to contact the bailiff and he might negotiate.. I decided to try and make full payment to the local authority instead via their cashiers office excluding any bailiff fees, however they refused to accept my payment because the computer told them it would not allow it despite me having the full invoice no and appropriate paperwork. I then decided to make a chaps payment direct to their account and i submitted the documented proof to the finance team, should clear on Monday as done after 1pm Spoke to bailiff earlier to advise him of this and his price has come down to 200 pounds if i pay him today. I asked for an itemised bill and was refused and the bailiff stated verbally we don't do that. He then threatened to attend twice today despite knowing the amount had been paid. The bailiff has not gained access to the property as i have not been at my place of work in Nov for personal reasons in view of this what would you advise is an adequate sum to pay them if any? I have seen so much for the first £100 and then percentage figures onwards and then reasonable costs for each visit that he has attended the property. The bailiff says he will get his fees via the payment i have made to the council surely he cant do that can he?? Should the council have instructed the bailiff knowing there was a standing/order set up for dec1st for both payments? How many visits can the bailiff charge for ??? Are bailiffs allowed to levy fees on service charges?? Has the distress for rent been superseded by the draft bill (Tribunals, Courts and Enforcement Bill) If i do pay the bailiff any funds what are my chances of claiming funds back from the council as i was assured on more than one occasion there would be no action?? (i know i should of got it in writing) What is the best way to complain about the councils conduct and bully boy tactics who are basically endorsing exorbitant fees and consistently giving out misleading information... Thanks in advance for any responses sorry for the rambling ....
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