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themadcap

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Posts posted by themadcap

  1. Hi all,

     

    Just a bit of advice required my mother is getting letters and calls, most recent from PRA over my sons debt but he has not lived in the UK for over 2 years and lives in Riga, she has ignored the calls and returned the letters back to the collectors but some are failing to stop harrasing her.

    Even his credit report shows his address in Riga but they are still bugging a 75 year old woman who has none of the debts to her name.

    Any advice greatly appreciated

  2. Heres part of their bundle for court, they did an "independent" calculation of the actual costs of a default fee, according to them they are losing £7 per default fee, it really is quite laughable, they also say the cost for their staff @ £10.71 per hour (mmm think not) goes towards SAR costs, strange one that as we actually have to pay £10 to get one!

    Apparently its Legally privileged and confidential - not any more!

  3. Ignore any DCA and deal directly with Vodafone. There is nothing the debt collection agency can do except print out letters going mad with the red ink and capital letters, they certainly can't charge you.

     

    Its not from a DCA but in a live chat

     

     

    the operator said it was with CCM but then said it was with their in-house collections

     

     

    but letter from voda received today says

     

     

    "may instruct a specialist collector etc you will have to pay upto 25% extra on bill upto max £100

     

    No not spoken to Lee

  4. I have an issue with Vodafone,

     

     

    they have sent me a letter saying i owe £401 as my contract was cancelled,

     

     

    the contract was cancelled because they did not set up the direct debit,

     

     

    I have paid them £245.21 since march 14

     

     

    asked on their "chat" if i could make a plan to repay the rest @£61.83 per mth for 6 months

     

     

    told "phone collections" I do not want to converse with people on the phone

    and felt harrased by the way the chat rep was refusing to give me any other option of contact,

     

     

    they have threatened me with collectors and a further £100 charges to cover this,

     

     

    why cant a company of their size make a decision to accept or refuse my offer without all this harrasment and stress?

  5. Hello,

    Ive got a claim in against thomson/first choice, at allocation I filed "litigant in person, home court, not have resources of company" etc

    Thomsons argued in their allocation to move to luton to allow for the witness to attend.

    I received notification it was transfered to Liverpool (my local court) but today received letter from Liverpool saying judge decided to give thomsons until 17th Sep to give reasons as the judge has stated this is not my "home" court.

    Purposes of considering CPR part 30.3(2)(b)

    subject to CPR part 3.3, 1.4,3.1 as well as 30.3

    I live in Liverpool so cannot see how this cannot be my home court.

    Any advice appreciated.

  6. The witness statement says at the end that the honourable judge should dismiss this case for abuse of process! I was under the impression that witness statements were only to give facts of their knowledge of the case not to give their opinions on legal matters, also says primo facie (legal latin), not something I would expect a Halifax line manager to know.

  7. Hi all,

     

    I worked on a claim against RBS for a relative, and had a judgement passed against them back in September, I am trying to follow up the claim as it has not been satisfied but unfortunately I had all the judgement info on an old Sony laptop which has packed in working!

    I have the judgement number but not my log-in details so cannot print a copy off.

    Does anybody know how to access the database to find passed judgements?

     

    Thanks in advance.

  8. Take them to court, don't let them have the charges you have already paid, they will ignore you for ages and then say no to your request, sue them for all charges plus statutory interest l, its the only thing S/D understand, they are the lowest of all the rats around

    Hi Madcap

     

    Just thought I'd give you an update. I have written the attached to Littlewoods:

     

    'I now understand that the regime of fees which you have been applying to my account in relation to late fees, are unlawful at Common Law, Statute and recent Consumer regulations.

    I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

    I am frankly shocked that you have operated my account in this way as I have been a loyal customer since 1993 and this is the first time I have ever been late with payments. I would have thought that I would have been given credit for my customer loyalty (18 years worth!)

    I calculate that you have charged me a total of £84 over recent months of late payment fees and appear to be charging £12 at random. I have already paid £32 in charges and am not prepared to pay any more. I suggest you write off the £52 remaining as a gesture of goodwill.

    Additionally, you have suggested that you may enter a default notice against my credit record. This default would be merely in respect of unlawful charges levied by you and in addition to writing off the £52 I require that you do not follow this course of action.'

     

    I sent the above 2 weeks ago and have not received a response. Today I have recived a statement and they have added a further £24 in charges. For a month! £12 for the debt collection letter they send me every fortnight and £12 for not making a payment. If they keep adding at this rate the account will be in the hundreds all in charges!

     

    What would you advise next? I was thinking about re sending the letter by email (I didnt send the letter recorded delivery) and see what happens.

     

    I'd be intrested to know how they think that the charges of £24 a month on a balance of £52 is 'reasonable and fair'. Its absolutley shocking that they think this is acceptable.

     

    Be grateful for any advice.

     

    Thanks

  9. But in my case I never denied where I lived or who I was to Lowells so what would be the point of a search? I didn't need to be searched for as they already had all my valid contact details as I had spoken to them many times asking them to take it to court as I was totaly comfortable with my position so any search has been solely to leave a mark on the file as one last hoorah for these idiots.

     

    The allegations of vexatious searches on credit

    file has been around for many a long year, and

    has been much tested with the ICO and indeed FOS,

    with very few successes, the ICO is of the opinion

    that such searches as long as they reason for the search

    is genuine and necessary to the DCA's business

    and that the principles laid down are met, the ICO

    also says that these searches if they are compliant

    should be seen by prospective lenders.

    Anyone who has signed or marked the box on

    a CCA regulated agreement has given permission

    for the creditor, their assigns to record data with the

    CRA, there is no specific time limit laid down, off

    the report or not as debts/defaults paid or not are

    removed after 6 years.

  10. I agree totally David, its their last chance to do something to you as they know there is no chance of legal recovery so try and hit you with this for another 2 years

    No word as to my letter. I have had 1 O/S Debt Search removed, but still waiting on other 2 from same company.

     

    I am of the firm belief that these searches are deliberately carried out in order to be a negative against your file. My file is clear except for these 2 searches done in December 2010 and January 2011. Any potential lender would probably decline, having seen these O/S debt searches.

     

    If the default dropped off, explain to your CRA that it has dropped off and the DCA had no authority to conduct a search and demand it removed.

    I would also write to the DCA and ask them on what authority have they conducted this debt search, as they would not have the authority from their client as the accounts not dropped off.

    It seems the trace department might still have the file.

    Div

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