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  1. The following important news item appears on the Action Fraud website today: http://actionfraud.police.uk/news/[problem]mer-derek-jones-calling-victims-claiming-they-have-to-pay-a-debt-nov14 Action Fraud has received reports of a fraudster cold calling members of the public claiming they must pay a debt or face having a bailiff sent round. The caller is purporting to be from a legitimate company called Jacobs, which is a traditional enforcement and debt recovery company based in Birkenhead. The fraudster calling himself “Derek Jones” claims that victims owe a debt and as a result are expected to appear in court in the next two days. The [problem]mer with a Scottish accent is also threatening to send the bailiffs round if the debt is not paid. Interestingly Jacobs do have an employee called Derek Jones – but the company has confirmed that he is an office worker and not Scottish like the fraudster calling victims.
  2. my bf is giving up his job next year to care for our Daughter full time ( he lives 300 miles away) I am a full time student. He has three credit cards which he owes nearly 20k - currently paying them at rate of £1,800 a month. I owe my own house and car and he will be reliant on me which I am cool with. What would he tell the credit card companies and what would happen as his income will be nil and he has a joint interest in house with Wife - divorce going ahead next year. Will he send need to send a letter to them three months in advance of him leaving job.
  3. Evening All I am considering legal action against my bank. I would like to know if during the legal process, they have the right to withdraw my bank account facilities? I know they can do as per T&Cs as appropriate but i remember reading somewhere they cant do it while I we are going through mediation etc ?
  4. With formal notice from Ofgem in relation to an investigation of BES, it is considered reasonable to make the following information public; It is with some satisfaction I can finally reveal that a major London law firm has now agreed to look into BES with the intention of starting a group action. At this stage, anyone reading this that has received a 'gagging order' in theory will still be able to bring their case to the group action as evidence - any attempt to stop you doing that will be taken very seriously, and is almost certainly perverting the course of justice, so please do contact the group action in confidence. I am unable to divulge who this law firm is at the moment, as there are a couple of loose ends and the QC wants to see the cases in more detail (and needs a few more to look at). However, rest assured that the person I have looking at BES is one of the best QC's in the UK. He is vastly experienced with over 30 years experience in litigation both representing and taking actions against banks, investment companies and even the Government over contracts worth billions of pounds. He is the man for the job! The lawyer is also concerned about any letters anyone may have received from a law firm acting on behalf of BES threatening defamation. This is clearly defended by True Comment, Honest Opinion, Public Interest and Fair Comment, which under the circumstances are entirely reasonable. Some concern has also been cited in relation to the apparent time scales in the letter in question, and in fact whether the law firm had been correctly instructed. The group action is bring organised by someone else, but I can advise you it will seek to; 1) Investigate and if possible prove an unlawful connection between BES and brokers . 2) Investigate and if possible prove that contracts had been miss sold via bullying, intimidation, harassment and unwanted pressured sales calls. 3) Investigate and if possible prove that the contracts in question should be voided and the Contractees awarded damages. 4) Investigate and if possible prove that a number of telephone calls have been edited to serve the purposes of winning a judicial process. 5) Investigate and if possible prove that BES and companies herein have colluded and conspired to decept a court of law in order to obtain warrants for bailiff action and/or supply disconnection. 6) Using the evidence provided show our findings to a judge before a court of law with the intention of proving that BES and companies herein have acted unlawfully, wrongly and unreasonably - and to award the victims damages. The QC has kindly offered to look at cases free of charge, with the intention to mount a case once he has in the region of 10 cases - which I think will be somewhat of an underestimate of what he will receive. Once the Ofgem investigation is complete, the QC will be leaning on them for evidence to support the claims set out above. If you feel that you would like your case to be looked at, please email [email protected] with your details, they will be passed on and you will receive a reply in the upcoming weeks. The review process will be free of charge, and you will be notified if the QC is prepared to take on your case.
  5. I have a problem and went out of the country for a while, on my return I have my company with a proposal of strike off flag, so as i wanted to keep operating with the company I called Companies house and asked what do I need to do. They reply this and I am scared, what are my options please? I still have time to fix this? --------------------------------------------------------------------- I can confirm that the following documents are outstanding: Accounts for year ended 31/07/2013. Annual Return (Form AR01) for period ending 15/07/2014. As the company is required to remain on the register, the proposed strike off action has been discontinued. Failure to file accounts and annual returns within the statutory times allowed is a criminal offence and due to the seriousness of the defaults, we are commencing prosecution action against the directors immediately. Conviction for these offences will result in a criminal record and a fine of up to £5,000 for each document not delivered on time. As these accounts are already late, a civil late filing penalty will automatically be incurred when they are received and accepted at Companies House. The amount of the penalty increases with the length of delay in delivery and is separate to any criminal proceeding being considered against the directors. Failure to comply with the filing requirements of the 2006 Companies Act in consecutive years will result in the penalty being doubled for the current year’s accounts. You may be able to deliver your annual return and certain types of accounts online via our Web Filing service, which has in-built checks to ensure that you get it right first time. Our web-site www.companieshouse.gov.uk gives information on this along with a full range of guidance booklets and forms. ------------------------------------------------------------------------- Thanks a lot.
  6. Hi all, My misses needs some advice on what to do next with the following. She received a claimform from Restons Solicitors on behalf of Cabot/Marlin regarding a credit card with Vanquis which defaulted about 2 years ago. Unbeknown to me she acknowledged on 12/08 and then submitted a defence on 01/09. She has just has now received a long response in reply to her defence from Restons dated 06/10 which is quite lengthy. She recalls that her limit was 250.00 and the claim is for 479.00 plus court costs, so a fair amount of interest and or charges have been added. She effectively has until tomorrow to respond to Restons lengthy letter which is below. 1) The claim was issued via the county court business centre which is a procedure specifically provided for in the CPR. This procedure only allows a claimant to insert brief details of the claim and does not allow for the attachment of any enclosures. 2) Although you have put the Claimant to strict proof of certain aspects, we should point out that you have not entered into an agreement with the claimant, nor do the POC allege that you have. The original credit agreement between you and Vanquis was dated on or about 05/10. In line with the T&Cs of that Credit Agreement, the original creditor had a contractual right of assignment. In other words, Vanquis was entitled to transfer their rights and benefits under the agreement to a third party and that right was exercised on 11/12. We now enclose copies of correspondence previously sent to you by the claimant (CABOT) and by our client (Marlin FS LTD) which we believe constitute valid notice of assignment. (NO official notice of assignment has been included with the letter(s)) 3) As the outstanding balance relates to a credit card facility, you were sent monthly statements of account by vanquish during the lifetime of your account. Those statements would have clearly identified any items of expenditure, payments made towards the account and the application of contractual interest / charges. In the circumstances we suggest you check those statements again to see how the balance has been calculated. 4) As explained above, the account was assigned to the claimant by Vanquius and you would have received confirmation of this in writing (not sure about this). In any event, we assume you do not allege that you are still being perused by Vanquis in respect of this debt so we see no reason why you would not believe that the Claimant is the legal creditor and owner of you account and hence the correct party to bring these proceedings against you. Now that we have provided you with further information with regards to tis claim, we would be grateful if you would confirm you are willing to withdraw your defence by completing the enclosed form N9A and returning it to this office within 14 days (this will be tomorrow). Failing which, we will recommend to our client that an application is made to strike out the Defence/ for summary judgement and an Order sought that you pay our clients costs associated with that application. Alternatively, you may wish to resolve this matter amicably without further court intervention. If this is of interest to you, please put forward your settlement proposals in 14 days. Thanks in advance
  7. I took a train from Paddington to Castle Cary back in June, and realised upon arriving that I had forgotten to bring my Young Person's rail card. This was a genuine mistake, and I hold a valid rail card. I was asked to pay for a brand new fare on the spot, which was £100. As I couldn't afford to pay at the time, I was later sent a letter asking me to pay a penalty of £152. My original ticket cost about £23 as it was both an advance fare and reduced further by the rail card. I have sent two letters admitting my mistake and providing evidence of my valid in date rail card, but they've rebuffed my attempts to reason. I understand that it is my responsibility to be able to present it at the time and this was a fault on my part. However, what I don't understand is how not showing my rail card invalidates the 'Advance' part of my ticket. I feel that the penalty is grossly unfair and I am genuinely unable to afford it. I'm being put into the same category as somebody who never purchased a ticket in the first place, which seems absurd. What, if anything, can I do next?
  8. I have today recieved another letter from fredricksons this time headed LETTER BEFORE ACTION. How serious should i take this ?? Is legal action imminent as i dont want to be caught off guard and a claim form landing on the doormat, or is this just another standard threatogram ?? Any help would be much appreciated thanks. Any further info needed just ask please.
  9. Received a final reminder before court action this morning after previously ignoring letters. I'm in Scotland and have read the advice to ignore but I'm just posting for some reassurance!
  10. Hi, I have been frantically looking for help today and found this site, Im so hoping somebody here can help me please? Long story so I will try to make it as short as possible. I had a credit card in 2004, I had an IVA on this credit card for 2 years and then defaulted as I lost my job and instead of sorting it out I moved house and hoped they wouldn't find me. My last payment was around mid 2007, in March 2012 the file was removed from my credit file and I thought that I was OK. In September 2012 the same credit card reappeared on my credit file with a default date marked as August 2008. I contacted the credit reference agency and they agreed that this should not be on my file and removed it. On 26th August I was filed with a Court order by Bryan Carter Solicitors acting for a company called Lowell. I filed a defence with the court stating that the debt was statute barred, I have now had letters from BCS stating that the default was Aug 2008 and within the 6 years. Now I am wondering what to do, surely statute barred should be 6 years from last payment? I have not spoken to Lowell nor made payments to them. Does anyone have any advice please? I have signed a mediation form to work with the creditor but Im not sure legally where I stand, Im scared Im going to have to pay this back and I do not have the money. Any advice please??
  11. I wonder if any one can give me some advice, I've tried to do this on my own by following advice given to others, but am now at a loss. I received letters last year from Shoosmiths solicitors claiming I owed their client, MElll just under £9000, the details on the paperwork also showed a company call Britanica. Although I do have debt problems and 10 years ago got myself into a terrible mess, by way over borrowing, given the size of my income at the time, from several different companies (trying to sort out my finances, but only making things much worse!) I have never borrowed from these people. I wrote to Shoosmiths asking them to provide proof of this debt, with no response. Several months later I received court papers from Northamton county court. I acknowledged receipt and after reading threads on here sent them CPR request by recorded delivery, asking for original paperwork. They acknowledged this and said they would contact their client to obtain these documents and would hope to have them by 23/12/2013. As the deadline for my defence was looming, I filed my defence saying I had no knowledge of the debt, and had requested proof from shoosmiths, but at that time had received nothing. The court wrote on 26/12/13 confirming they had received my defence and had sent it to shoosmiths and that they had 28 days to respond. I have today received from shoosmiths, a copy of a letter to the court stating they wish to proceed and have it transferred to my local court, yet they still haven't sent me the documents I requested. By not providing me with proof, they appear to not want to resolve this outside of court, but they surely must have the documents if they are proceeding . I'm really not sure what I should now do, so any help would be greatly appreciated
  12. Hi everyone! About a year ago I took a £12,000 government sponsored business startup loan. My business didn't work out, and now I'm not in a position to pay back this loan. I wonder if anyone has had any experience dealing with these people before. I'm currently 2 months without payments, they say with one more month my debt will default. I was thinking about offering a self set up Debt Managment Plan, or perhaps offering a small percentage of the total amount as a final settlement. Love to hear your thoughts.
  13. Hi All, I will keep this brief and elaborate later if required. I received a letter from Shoosmiths Solicitors (Northampton office) on 29 April 2014, stating that they were acting on behalf of their client Marlin Europe II Ltd to recover a debt of £8675.25 and that I contact them immediately. I was unaware of any debt due, unaware of Marlin Europe II Ltd and no idea what was going on. Obviously I was shocked by the amount and wrote to them on 30 April 2014, requesting information on the debt, using the standard "prove it" and also requested that all legal process and collection enforcement be suspended until the information was received. The letter was sent recorded delivery. Since then I heard nothing until Saturday when I received a citation from Haddington Sherrif Court. (Scotland). I really need some advice on my next step as they (Shoosmiths) have obviously ignored my information request and ploughed ahead with court action regardless. I have 21 days (18 now) to defend this action, but this is impossible if I have no information on the debt to base a defence upon. I have no idea where to turn now, do I: Write to Shoosmiths, who's address on the citation is now their Edinburgh office and request information again? Write to the court and explain I cannot submit a defence as Shoosmiths have not given the requested information and I cannot build a defence on nothing? Really pushed for time on this one, any suggestions would be appreciated. Thanks
  14. Hi all, Just after information / experiences with Parcel2go legal team. I have recently, submitted a case via the County court and tribunal system against Parcel2go for a number of reasons. Loosing my parcel, ewell as supplying the courier with the wrong adress and eswell as even calling me by my wrong name. This equals to a very unprofessional and messy company which leaves me in no doubt they are punching well below the required standard and i am seeking full payment for the clients item that was lost and totally disregarded with lack of respect and sympathy and batted off and away like it was nothing. Since then i have submitted a case with the letter being issued to Parcel2go, 14 + 5 Days issuing grace has passed and still yet no reply or correspundance from Parcel2go despite being told parcel2go ae dealing with the courts and have no permission to talk about the case with me. I have been able to escalate the case as a default, since no reply has been sent back from the defendant parcel2go. The court will now issue a full payment request on my behalf. Now as many of us know the atroscious service from parcel2go, what im worried about now is what if parcel2go do not even reply back to this court order for payment. Where do i stand now. I want to take this as high as i can go and i am not backing down. I have been been banned of Livechat help (See screenshots) just for asking questions. Sorry this is long winded but i hope someone can reply back with similar experience and knowledge dealing with the legal system and Parcel2go and can advise me what to do next, and what happens now if parcel2go do not reply back to the court issue default for the money. i am just astounded that even live chat are as rude and useless as there company. Its almost like i am a bit of dirt off their shoe for seeking answers. Kind regards Sam
  15. I am currently an NRAM account holder, with a together mortgage comprising a £98,000 mortgage and £18,000 unsecured loan. I have not missed any payments or been late, but I have breached my mortgage t & cs by letting the property without their consent. I asked for it and they refused, back while they were still Northern Rock. I have already posted about this so I won't go into the same details here; only to set the background for this post. I am concerned with the fact since their recent government directive to get the 'bad' debts off their books they are working on a different incentive basis than other mortgage companies. NRAM need to make anything over 10p to the £ to get a profit, (for that is how much of the value was passed on to them) so they do not have the same aversion to instigating repossessions as other lenders do, not to mention complete disregard of the cost to the individual or business. My issue is not with the fact I do not want to pay what I owe, nor with my poor decision of getting this mortgage in the first place. I accept that and have been paying without fail for 9 years. So when they find me in breach of my mortgage terms & conditions their aim will be to instigate a repossession. Not to reach a solution that is best for me and them, in regard to maximizing their profit. Not being driven by this fact, like other mortgage lenders, puts all NRAM account holders in an extremely vulnerable position. The goal and they want us off their books, that and nothing else. Irrespective of whether this was a good or bad mortgage, the terms and conditions on their part, and the expectations on my part, made by signing with Northern Rock, a mortgage company in 2007, are not the ones I'm faced with now. I am not trying to justify the fact that I have broken my terms, or shirk my responsibility for the choice of mortgage and money owed. But to say that when I took out the mortgage, I was under the (mistaken) expectation that I would forever be dealing with mortgage lender, with all the common incentives that come with that; I want to keep my house, they want to get their money back. That I fear is not the case anymore. We are now simply numbers on a spreadsheet and the odds are stacked. There is nothing right or fair about this; and plenty of other NRAM account holders are facing starker and greater financial issues than me. Many are castigated for their choice in the first place, which is not only unhelpful, but in my opinion missing the point. No one is asking for special treatment than any other person who holds a mortgage. But we bought a product with the expectations that we would have the same benefits afforded to all mortgage holders for the life of that product. NRAM are not a mortgage provider. They are an organization that hold 'bad" debt. Equally I have an issue with the term "bad" for there are plenty like me, who have never defaulted but will be faced with repossession on other reasons. They are bad, because they want to get rid of us and shut NRAM down. By no longer requiring NRAM, a continued reminder of a massive economic disaster, the economic policy will be hailed as a success and the bad old days behind us. Whereas other mortgage companies would help people if they got into temporary difficulties NRAM will not, causing the debt to therefore be "bad". Being the contributor, if not, the instigator, of this viscious circle gets them their favored result much quicker - sell the debt to management company, still make a profit and get it off their balance sheet - success.. All I would like is to be treated the same as any other mortgage provider would. I heard today of various people wanting to bring together a group of account holders who wish to fight NRAM and their practices, 100 is the minimum required. I have signed up. It is being led by bank specialist who is willing to fight it on the behalf of the group for free if we can get enough NRAM customers on board. If you are interested please let me know and I'll pass your details on to him.
  16. I recently sold an item for £45 on ebay and posted this by courier with full online tracking. The couriers own website states the item was delivered but the buyer stated he has't had it. He opened a claim and ebay being ebay found in his favour despite the online tracking. They have now put my paypal account in -£45 and stated that unless I add funds its time for the usual round of debt collection. Having never had any experience of ebay/paypal going wrong is this amount actually enforceable and is there any history of court action from these guys? I have taken screenshots showing that the item was delivered to the buyer as a possible future defence and ensure that Paypal have no access to my credit card or bank account. I'm just wondering if this is actually worth the fight as I'm guessing all manner of fees will be added to the debt. What do you guys think?
  17. Hi all. Lowells have purchased a debt from HBOS, which I am presuming is an old unsecured loan, which had around £500? or so left to pay from a £10k loan. Due to personal stuff going on (don't we all have it) the debt was not cleared. Lowell's solicitors BW Legal have issued a claim for an amount that does not make any sense to me. The 'amount claimed' section states they are claiming £9xx. then court fee/solicitors fees are added. However, in the particulars of the claim, the amount they state I owe is £12xx 'being monies due from the defendant to the claimant under a Unsecured Loan agreement...' but, that amount they state is the total amount including fees, not the amount they state I owe on the loan, which they say is £9xx (and is wrong anyway) and the additional amount requested are fees/costs. Does this mean it's not requesting the correct monies? Does that even make sense? I expect the £995 is made up of charges. However, before I look at settling, I want to get the information that demonstrates I owe this debt. And then, I will consider settling as I would quite happily get my debts gone for good. I have some questions I would like some help with please. 1. I don't have a credit agreement for this loan. It was taken out some 10 years ago now, and I 'defaulted' toward end of 2009. I have no account statements for this loan. I don't recall ever getting a default notice, but that doesn't mean I didn't, I just don't have it and can't recall getting one. The particulars of the claim state I received a default, and my credit file suggests that I did! - should I request this information using a CCA request, a SAR, or as the claim has now been made, should I go down the CPR route of requesting information CPR 31.14/15? giving them 7 days and then if they don't respond request that disclosure order (is that what is done? I had a read of the CPR guidance, but got lost!). 2. I know I owe them some money, but am unclear on the amount, it's around £500. I will pay them what I owe to clear it, although I don't like the fact that they bought it for pennies, that's by the by, it's my debt, and had I the money before it was sold, I would have paid the debt to HBOS themselves. So, what is the likelihood of getting Lowels/their solicitors to agree to a settlement, and how do i go about offering one, once I have the information I need to know what I owe. Or should I just sent a settlement offer for an amount I am prepared to pay regardless of the info they give me? Will they think, if I offer £x, that means I am admitting liability and therefore just pursue the full amount claimed, which I will of course dispute. Should I try to settle myself, or should I use the mediation facility if offered? Or is there another route via the court that I could/should take? 3. I am aware that bank charges on bank accounts were deemed lawful, but that credit cards were not included in that decision and therefore it is possible to claim back disproportionate charges such as late payment fees etc. Does this extent to loans, ie can I claim charges back (if the figure they give includes a ton of charges) or does a loan fall in the same group as bank accounts? Thanks for my longwinded post. I am not good at short and sweet, sorry.
  18. Good afternoon and, in the event I am advised, thank you I have received a county court claim form. It is addressed to me in my married name, which goes back to 2007/2008 (I have used my maiden name since I left my husband in late 2007) and it has been addressed to me at my current address. The debt is £299, in addition there is a £25 court fee plus solicitors costs of £50. Total: £374 I have no idea what it is for or when it is from. The claimant and solicitors respectively: Arrow Global Guernsey Ltd, London Drydensfairfax Solicitors (Drydens Ltd), Bradford Particulars of the claim: 1. The claim is for the sum of 299.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Phoenix Recoveries (uk) under an account number upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with 3. By virtue of a sale agreement between Phoenix Recoveries (UK) and the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Re: 1. I do not know who Phoenix Recoveries (UK) are. Or any of the other entities on the claim form. I do not know what the account is or where the debt was accrued. 2. I am unaware of a default notice 3. I do not know what the sale agreement is, regardless of what Phoenix Recoveries have stated. If anyone can assist me with regard to how I deal with this. I genuinely am clueless. I had a traumatic couple of years up to 2009 and I really cannot place the debt. I know when I left my husband he ignored all household bills ( all were in my name) until at least the start of 2009 and claimed that I lived in our home right up until that point (I left on December 26th 2007), so perhaps it is something related to that? For the record I paid all bills in the marital home up until August 2008, despite the fact I was living elsewhere. Again, thank you.
  19. Hi, I'll start by saying this is probably posted in the wrong place but I couldn't see where it would be better placed, so apologies if I'm in the wrong place here... A few years ago I started on a DMP, but then for various reasons I stopped paying and buried my head. I've now received court papers for an old overdraft, The total on the court papers is 1290 (before court and solicitors fees), so I wrote to them making a f&f offer of payment for £570, They have wrote back saying 'not acceptable but we will accept £1160'. However they also say in the letter that they own another debt of ours and to contact them regarding this also, I'm worried that I pay this one, then straight away I'll receive court papers for the other debt. They also say in the letter, which was only received on friday, that payment must be made by the 9th July or the offer will be withdrawn, however they've given me no detail of who or where to send the payment to, so there's no chance of it being paid before then. So I was going to write them a letter saying something along the lines of 'yeah, I'll pay, tell me who/where to pay' but thought I'd ask you guys if you had any advice first? Thanks in advance *Edit - should probably add last payment was made around 2 years ago
  20. Hello My sister in law requires some advice and I don't really know where to go with it. She was in work and her daughter was in nursery. Out of the blue she was sacked from the small company she worked for as she worked part time and they wanted someone to do full time. Therefore she had to take her daughter out of nursery. Speaking with the manager of the nursery she explained she is in financial hardship and on the verge of losing her house and having just been sacked did not have the finances to keep her daughter in nursery (£300 a month). The manager said that she had to pay and give 4 weeks notice which is in her terms and conditions. Although my SIL appreciates this it was a case of not physically having this money - you can't give what you haven't got. The manager just said, 'tough you have to pay' and then went on to say as it was the 8th of the month not the start of the month that she would have to pay the remainder of the month plus the following month so that it was a full months notice. This is clearly pathetic and cruel having just disclosed problems with finances. This was 8 weeks ago. My SIL has since been out of work, has had to sell her house and could not afford the home they had moved into to save money and were renting. Her partner does work but they have got other debts looming over their heads due to the tenant at the house they owned stopped paying the rent and then would not move out so they had to pay their mortgage too for 6 months before they could sell it. They have now had to move with their 2 kids into their parents house. She has had a letter at the old house delivered and it appears to be a court 'claim form' one of these £35 fee ones claiming for the entire month that the daughter was taken out of nursery. I know that their T&C states need to give 4 weeks notice, but she was not in nursery during this time, they were told that she was going through financial difficulties and yet they were not happy to come to any kind of agreement and want her to pay the full amount. They would not even engage in any other discussion other than 'you have to pay' and 'you might even have to pay 2 months worth' Does she have any rights? does she have to pay this money? Can the nursery enforce their T&C? Even if my SIL was taken to court and ordered to pay the money, she does not have £300 and it would take her a while to save this up. So what would happen here? Please someone help
  21. Hiya Ladies and Gents, A few years back I had a CC with MBNA which I disputed due to them being unable to provide an enforcable credit agreement. They pursued me for the outstanding balance for a while and eventually passed it over to a company called Optima (i think) who harrassed me for a few months and then gave up after offering a settlement figure of approx 10% of the balance which i declined. I haven't heard a peep from them since. This was 3 years ago but last week I got a letter from MBNA stating that they transferred the right to collect this account to a company called MFS Portfolio Ltd. Just wondering if anyones had any dealings with this company and what to expect now. Thanks in advance for any advice. Travis
  22. Hi i got a letter from restons solicitors a couple of days ago asking for 348 pounds for a debt ive never heard off. i send them the prove it letter, they write back saying weve seen this type of letter before and its not legally binding... ...so they say were going to issue legal proceeding now ...im thinking this is just a scare tactic, i mean how can they take me to court for a debt ive never acknowledged, have no details and they dont provide any... .are they for real... Can anyone advise with a suitable reply please. The debt has no dates or details jus says "arrow global guernsey ltd". ...never heard of them...... Thanks in advance.... Cheers jiggy
  23. Hello, I am new to CAG and would very much appreciate some advice. I have an issue with Prudential Assurance Company Ltd. I wish to obtain details relating to my late husband's life assurance policy that was claimed in 1970. The information is required for evidence purposes in a legal action against a third party who made the claim on my behalf but kept the money for his own use. I have only recently learned of the facts. I have provided proof to Prudential of the existence of the policy. Prudential initially responded by saying: "Unfortunately, due to the time that has lapsed since the claim was made we would not hold any records or documentation in our archived records." I know of others who have recovered old policy information, so I felt that Prudential was just fobbing me off. After some persistence, the insurer confirmed the following information: * They hold personal data on customers and clients that extends to the 1950s, 60s and 70s. * They maintain records on customers and clients for policies which have not been claimed or with a monetary value. * For policies which have already been claimed, they continue to maintain records for a further seven years, after which those records are purged with only limited information kept that includes policy number and brief details of any claim paid on the policy. Prudential have insisted that I provide them with a policy number to carry out a search of their records; but I don't have one. The insurer will not confirm whether it is a primary or mandatory requirement to have a policy number in order to undertake a search of their records - whether they be electronic, manual or on microfiche and decades old. I have asked Prudential to provide me with the following information, based on the information already supplied above. * What other limited information is kept on customers and clients in addition to policy number and details of the claim? Please provide me with a list of all that is kept. * Confirm the existence of manual and/or microfiche records and that these have been searched. * Is a policy number a mandatory requirement for carrying out searches of the records? In addition to the above, I have asked Prudential to supply me with... 1) ...a copy of the statement referred to on page 14 (part 2, section 4(I), Historical Data) of the 'Code of Practice for Tracing Employers' Liability Insurance Policies'. 2) ...a copy of the written policy referred to in the 'Insurance: Conduct of Business sourcebook' (ICOBS) section 8.4.15, that requires insurers to put in place a written policy of compliance in conducting effective searches for historical policies. The written policies are required to assist me in making properly informed determinations in respect of the availability of the policy information I have requested from Prudential. I believe the firm is withholding data I am legally entitled to have; but they wont carry out an effective search for the data. To this end, I need to check the firms tracing policies to be satisfied that Prudential is meeting its obligations and regulatory requirements. Prudential responded by closing down my case file without resolving matters, referring me instead to the Financial Ombudsman Service. But I have used FOS several times and found it to be a dysfunctional and impotent organisation - as has been noted many times on this forum. Furthermore, FOS has made it clear to me that they do not have powers to compel a firm to hand over documentation if the firm chooses not to. The only organisation with such statutory powers is the Financial Conduct Authority (FCA), and I am currently awaiting a response from them on the matter. The FCA did advise however that they are bound by certain confidentiality restrictions within the Financial Services & Markets Act (FSMA) that prohibit them from disclosing whether or not they are investigating my concerns. The Data Protection Act section 33(3) is clear about permitting retention of personal data beyond prescribed minimum time limits. There is no maximum time limit on the retention of personal data. The said act permits retention of personal data indefinitely if a firm chooses to do so. How long data is kept for, or extends to, and the manner in which it can be searched, is a matter of company policy - the very documentation the firm is withholding. What, if any, court action can I take to obtain the information I need from Prudential in relation to my late husband's life policy? Essentially, the only information I need is: the date the policy started; the date it was claimed; and how much was claimed. Appreciate your help.
  24. I am thinking of applying for a mortgage this year, so thought it would be good practice to check the old credit file. I found that a default had been lodged on my Call Credit file for £5,650.00 by "Barclays Partner Finance" ( default date has been set at 11/05/2011 ) when I am sure they have changed the date of default forward, as I defaulted on that loan way back in 2008. But on top of that, they forwarded that same debt onto a Debt Collecting agency called "CapQuest Investments Ltd" who have set their own default for the debt - Date 31/12/2009 amount £5,961.00. I am not sure if this debt has been sold on to CapQuest, or if they are just acting for Barclays Partner Finance, but in any case, is it legal to lodge 2 defaults for one debt? The default lodged by CapQuest, is on all 3 credit reference agencys, but the default lodged by Barclays Partner Finance, h as only been put on Call Credit, either way, my chances of getting a mortgage with even one default is remote I think? I just need to know what the best way forward is going to be for me? I have read somewhere on the forum, that people have managed to negotiate with the Debt Collection Agencys to remove the default by paying off the debt in a lump sum, and if this is possible, then would I be right in saying that, Both companies would have to remove the default, if the original company holding the debt agrees to remove their default? Many thanks, in anticipation!
  25. A few years ago I had an unpaid tax bill of around £6,000. I & HMRC came to an arrangement and they (because I wasn't working anymore) agreed I cld pay this off at £100 per month, which I have done every month (amount now owing is £1,600). I have this in writing from HMRC. They send me a statement every 3 mionths to let me know how much I still owe. All well & good...no because at the beginning of April I rec'd letter asking for full amount, rang them said to ignore it, end of April same thing, rang them and bloke said must be a mistake and not to worry just keep on paying my £100 a month and he would "sort it out" at his end. Sigh of relief...no because this a.m. rec'd a letter saying that I have to pay this in full otherwise they will send a debt collector around!!!!!! I rang them yet again and was told exactly same thing ...not to worry...will sort it out...just ignore the letter!!!!! All well & b---dy good but after the 1st two calls still haven't sorted it out otherwise I wldn't have got this letter . I told him that this was harassment. Now if they take it further and do send a baliff/debt collector etc what are my rights if I am in an agreement wit HMRC. I am not disputing I owe the money, I do, but can I tell debt collector or a baliff to b---er off or words to that effect! Help needed please.
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