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  1. Sent a CCA request and this was the response, what do you recommend i do next? They have said they didn't send me the notification letters as they didn't have a confirmed address? the address is the same as the one on the CCA that they have sent these letters to? HFC, CCA request response.pdf
  2. Hi Everyone I recently received a debt letter from a company I have never heard of for an amount I don't recognise. A company called Wescot who is acting on behalf of Idem servicing (I have never heard of either before) I requested a full statement of account, a copy of the agreement and a signed true copy of the deed of assignment. I put £1 in the envelope to cover costs under the CCA guidelines, although it was a coin rather than a postal cheque. This is the response i received. "We refer to your letter requesting a copy of the credit agreement for the above account, pursuant to the consumer credit act. We are not the creditor for this account but are instructed on behalf of the above client (Idem servicing). In the circumstances, we are returning your £1.00 coin. Please provide a £1.00 cheques or postal order made payable to idem servicing. You can either send your request direct to our client or resend it to us and we will forward it to them. Also order for us to breach of the data protection act and continue with your enquiry, it would be most helpful if you could confirm your date of bitg and the last address that you have resided together with the date vacated. In the meantime, you will need to make arrangements to pay the account. We shall place the account on hold for 28 days to enable you to agree a repayment arrangement" My question is that they should surely hold those details if they are indeed acting on behalf of instruction? It seems odd that i have to go around them to get that information. Also the fact they are asking for my DOB and former address worries me. What do you guys suggest i do next? I'm half thinking to leave it for now as if this was above board they should have the information i requested shouldn't they? If they start up again after these 28 days I'll write a letter of complaint as they have still failed to provide evidence and under the CCA they are unable to enforce an agreement if they fail to comply with a request Many thanks for your help and advice.
  3. Hello, I hope someone on here can help before things get worse. I have taken out car insurance with Octagon and emailed them all the required documents. I even called (expensive hotline which is the only way to contact them) to confirm they received all documents. All of a sudden I have received a text message saying they will cancel my policy unless I get in touch. I have called them again and asked what the problem was. All I was told is that some documents are missing. When I told them that I have emailed all documents twice and have previously been assured that they have all required documents, I was just told that no one from "that department" was in today. I was then advised to just email all documents again "for a third time". Having done so I today received a letter that they will cancel my policy on 17/11/2015 because I have responded to them. Firstly I have responded every time they text, wrote or emailed me. Secondly they are not saying in the letter what it is that is missing or why they want to cancel my policy. I am worried that this is just a [problem] where they cancel your policy to charge a cancellation fee and then charge an additional deposit to re-start the policy. Can someone please help me?
  4. Hi All, I had started a CCA process with Idem servicing with the OL being Citi Financial. I took out the loan in 2007 and have had a minimum payment going out. All payments have been stopped whilst my CCA request is in process. Idem promptly replied within the set time of 12+2 days with many copies of the signed contract with Citi financial, i just want to make sure that what they have sent is enforceable, if so should i resume my payments and send a F&F offer to them. I have uploaded the documents that were sent to me.
  5. Hi All Not sure how to proceed. Helping a friend and the below happened. I sent off a complaint regarding clear irresponsible lending. Received an email offering full interest refund and the loan being closed and written off. Accepted it, sent over the bank details as they requested and clarified by email that they would refund and close the loan and they said yes correct, so I said OK I accept. Then they came back and said actually that is a mistake, you cannot have a refund but we will close the loan. What should I do? Is it worth pursuing the first offer?
  6. Hi, In 2011 I was refused a student account with Barclays whom I had held an account with for 12 years. There was some kind of minor, very old infringement (the next bank I spoke to said it should just have been underwritten). In 2014 Barclays changed their overdraft fees and I became one of the huge losers. I was a mature student with no spare income whatsoever and was transitioning from a undergrad to a postgrad course funded by a sponsorship for students from under-priviliged backgrounds. I was right up to my £1600 limit for almost all of each month because the minuses were much bigger than the plusses. I went into two branches at the time to ask for advice or support and on both occasions I was basically told nothing they could do for me. I wrote to complain a couple of weeks back, to tell them that they had introduced charges I had no way to escape and that for almost 2 years they had had me pinned against the wall, taking £30-45 in interest monthly. That now I have come to the end of my course and have money flowing again I feel greatly aggrieved at their lack of support and irresponsible profiteering and am considering which bank to use for career, homeownership etc. I haven't received a letter yet but have some kind of 'with apologies' £50 credit in my account. Frankly, compared to both the amount of money they took from me (approx £800 total) and the amount of stress and anger and further financial problems it caused, it's insulting. How should I respond to this. Am I lucky to have been offered anything? Is this an admission of guilt? I do not need or want the £50 so should I call customer services to tell them to take their money back, and if I do, what's my next step? Thanks in advance for any suggestions PS - My account says 'current' though doesn't specify exactly which kind. I AM paying a monthly fee too though, which I found out yesterday after receiving their 'annual eligibility statement' telling me that I am eligible for insurance for a phone I have registered (from when, 1999?!) and gadget cover, for which I have no use and consequently no gadgets registed. Absolutely no idea where this fee came from, but that's another story!
  7. Hi, bit of a background. Most dates are from letters. Blue are the dates from correspondence. 02/07/15 - contravention occured, CCTV observed 08/07/15 - Council applied for my details to DVLA 14/07/15 - Council received the details and posted PCN I have not received the PCN 24/08/2015 - Charge Certificate was sent (£90 or so) 01/09/2016 - PEC warning Letter was sent (£90 or so) I opened both letters on 09/09/2015. As I didn't remember entering any Bus Lane I drove to the place. Once there I remembered I did enter the road when looking for a venue for my Wife's birthday. I couldn't see any signs as there was a bunch of diggers and other road working machines parked on both sides of the road. The sign says "Bus and Access Only". As I went half way that road to check the pub it is access. The pub is not accessible by any other road. It sits bang in a middle of Bus and Access only road. I phoned up Council stating that I never received PCN and on top of that I was within restrictions as I was accessing a venue located on that road. Was advised to fill 2 forms (don't remember what forms). Couple of days later I filled the forms and posted them. Haven't heard from the Council since. 27/11/2015 - Council sent TE3/TE9. I honestly don't remember if I got them. Irrelevant anyway as I sent forms already. 08/01/2016 - Warrant of Control was authorised and notice sent to Enforcement Agency Some time in January enforcer turns up and wants nearly £500. I sent him away and contacted CAB. As advised filled forms (Out of Time Witness Statement and Statutory Declaration) stating that I have not received the PCN in a first place and I did coply with restrictions as I used the read as access to the venue which is on that read. Northampton refused the application. Now the case is back with enforcers unless I fork out £100 (no hearing) or £255 (with hearing) and apply for review. Why on Earth Northampton refused I have no idea. When I called TEC they said that officer refused based on reply from the Council. Looks like Council decided here even if it is a side in a case. Now I have to fork out £100 or £255 to have it reviewed and still not certain of the outcome especially if has been refused before despite the fact that I had 2 valid grounds for having Out Of Time granted. As far as my research so far any of this grounds on its own should warrant acceptance of Out of Time. Please advise if there is anything else I can do. Just to clarify, Main problem is should I received PCN I would have appealed against it. Mainly as I can't afford any extra expenses and I do watch very carefully where I drive or park. Having said that if I lost the appeal I would have to pay "only" £60. I definitely can not afford £500. Got to think twice before forking out £100 for review and £255 is out of reach. Regards
  8. HI, I have received a 'Formal Notice of an intention to file a default' from the RBS with the 28 calendar days running out TODAY! I have been in the middle east for 5 weeks and have just seen this letter. Can I ask for an extension to respond? If so, do any templates exist to help? Thanks
  9. Hello you wonderful wonderful people Let me cut straight to the chase I parked in a private land which i have done a number of times while going to the bank in town. I did not see any visible signs with terms and condition only a worn out red paint on the wall with the words private parking. I comeback half an hour later and lo and behold i have parking notice slapped on the windscreen of my car. As advised by friends and people on forums I chose to ignore it. Got a few letters and chose to ignore them as well. Then as usual with these private companies i got my case passed onto a 'debt recovery team' Miah solicitors in this case. The letter is pretty much as a copy and paste of all the other letters from miah solicitors people have posted on the forums. £100 owed to UKCPS, £25 admin, and £150 for legal costs to these culprits. Same idle threat stating 'this letter before action is being sent to you in accordance with the Practice Direction on Pre-Action Conduct contained in the Civil Procedure Rules. In particular, we refer you to paragraph 4 of the said pratice direction concerning Court's powers to impose sanctions for failing to comply with its provisions. Take note, that if we do not recieve any payment or contact you from within 14 days of the date of this letter, we will take our clients instructions regarding how they wish to proceed which may include considering issuing 'legal procedings' Here is my response letter gathered from information off the forums and watching a youtube channel called DerpJD To whom it may concern I am writing to you in response to the letter received regarding an alleged private parking ticket by your affiliate UKCPS. May I first of make you aware that I am well educated in the matter of private land tickets and the legalities. Before your idle threats can even be taken seriously you will need to provide me with the following; 1) Proof that Mr XXXXX XXXXXX was the driver at the alleged time. 2) Receipts of the legal charges that have been added by you of £150 with VAT. 3) A bill. The following are not bills, a parking charge notification, a statement, a charge certificate, not a notice, not an invoice. 3) Proof of a contractual agreement between me and your client. Under all commercial and civil laws, in order for man/women to take a complaint to a court or to a magistrate to make a claim for a court hearing tribunal/trial then there must be a documented contract with full disclosure by both parties with terms and conditions, signed with wetted ink (not a PDF signature) with human names and the date of signature. As you are well aware of no contract existed. 4) As advised by a solicitor in a free consultation, your letter has no reverse liability so it is better off throwing in the bin. For your letter to have reverse liability you will need a wetted signature with a human name printed. You know this will leave you opened to be counter sued so you have opted not to do so. S o your letters will remain meaningless and empty as long as you continue this practice. 5) If you have gotten that far then I will also need evidence of damage/loss of property during the parking of this vehicle at the alleged duration by the LAND OWNER to justify the fraudulent parking ticket. I will also like to state this is not an appeal this is a rebuttal. Any private parking companies that try to apply levy onto people in this exemplary matter is null-in-void. The only way you can get any squeaky leverage to go to a court or to get legal action in any way is to ascertain/obtain an appeal in response to the INVOICE. This invoice by UKCPS will never be paid no matter how much you escalate the price until all these lawful conditions are met. Have a nice day Regards (i put my own copy and paste signature from google images just like they do) Il be waiting for your wisdom Slick
  10. Hi, new member here I had a big issue with Lloyds due to a number of transactions that I didnt recognise. Lloyds however didnt do anything to resolve the problem therefore I submitted my case to the Financial Ombudsman last week. I wanted to ask how long did it take you before they acknowledged and logged your case? Its been 5 days now, and the 2 representatives I spoke to seem to given me 2 different answers. One of which saying logging your complaint takes 48 hours, while the other told me itll take up to 2 weeks. On average how long has it taken the ombudsman to log your case.
  11. Hi all, Here is the response from DCA from a complaint I made to them. In the letter i received from them they say that this is their "Final Response" to the complaint. And that the documents sent to me satisfy their legal obligations under the CCA 1974 etc. I have removed all personal information from it and the big white patch you can see over where a "signature" was -who knows impossible to tell due to the quality - looks like a big white sticker with some sort of bar code on it. Date on application form 1997. The t and c's are the wrong shape and size to have fitted anywhere on the application form and nowhere does it connect with the application form (ie serial number or anything else) The bits i can read, if I squint hard enough and go cross-eyed, have nothing about interest rates or penalties. And yes the scan is as bad as the original sent to me. My question is does this satisfy the request and would a court accept them? If, of course, it goes that far. Thank you in anticipation.
  12. Hi all, I have been look around taking in all the information, but I could really do with some help/advise. I am currently on a DMP with step change (4-5 years). CCCS now StepChange have & were life savers, but I now feel advice contradict what I have read on theses and other forums I send off CCA request letters to some of my creditors. Long story short Capquest 1st reply stated they were waiting for HSBC, 2nd letter stated that HSBC could not provide CCA paperwork therefore the debt was unenforceable, but I was expected to continue to pay. 12+2+30 days has now pasted. I contacted StepChange as I do want my DMP payment to go towards this debt. StepChange said this was not possible and that I have to contact HSBC myself the gain clarification.. .They would not remove this debt from DMP either. the CapQuest debt is 9k outstanding already paid 4k, all other debt amount to roughly 3k. The debt is also so old if does not show on credit report. What should I do? - End DMP /stop payments to Capquest - Go it alone - Contact other creditors and pay direct (some are at f&f offer stage) Any help pointers would be great Many thanks Also forgot to ask , can I just ignore CapQuest now or is it good practice to send the failed CCA letter???
  13. DX suggested I create separate threads for two PPI claims - this is the first for Blackhorse. I received a response to my SAR within a week of sending the SAR. I can't really work out what I'm seeing in the documents PDF attached. I've tried to be very careful to remove all identifying stuff from the documents before uploading. It seems I took out a HP Agreement for a car and PPI was added and that I paid this for 9 months and then the HP agreement was converted into a standard loan with Blackhorse / Lloyds. I'd be grateful if anyone who understands these agreements can take a look - there are some alarming figures. For example, the original price of the car was £14995. I paid a deposit of £4100 and with PPI, charges for credit etc the price was back up over £20k I'm not even sure this loan was properly constructed. It's all paid off now but I want to make sure if there is anything I should be claiming, in addition to the PPI in the first 9 months that I'm not missing something. The statements in the attached PDF do not show the first payments but they were made. I think I seem to have paid 62 payments instead of 60. Any advice would be gratefully received.
  14. Received a rather unfortunate parking fine from UKPC after parking outside sports direct at a retail park in Aylesbury (I don't even live there hence why I didn't know about the pay and display rules). Walked up to car after a quick 20 minute visit, to find a ticket and the warden standing there I asked him why I had one. Not knowing about the need to have a ticket I tried to explain my innocence but he couldn't do anything. I read the sign after (my fault I know but I just didn't think I'd need a ticket) and it said parking free for two hours. I was there 20 mins and made a genuine mistake not knowing the car park rules. I appealed, and had an email saying if you don't hear back in 35 days to ring the number provided. It got to 35 days and no response. I rang them several times with no answer. I then received a letter today from debt collectors demanding £150! Original fine was 100 or 50 if I paid before 28 days. I rang the debt collectors and stated I had not received a response to my appeal, to which they said a letter was sent out on 2 Nov 15 - which is 5 days after my appeal. I have never received the letter. If I did I would've reacted there and then. They have said pay up or it goes to court effectively. Now I feel I am being harassed without my appeal being dealt with properly. I've heard the BPA or POPLA can assist? But as it stands I can see it only escalating and my mitigation does not seem to have been looked at fairly in my opinion. Has anybody got any advice? I am being fined for making a genuine mistake but the fact the parking was free for two hours and I was there for 20 mins seems extremely unfair if I can only have a common sense approach applied plus the fact my appeal rejection was never received by me must stand some ground?
  15. Hi, I would greatly appreciate help with a defence. Below is a summary of what has transpired: Contacted by solicitor about an old, pre 2007 debt with Ambrose Wilson. This debt is believed to be possibly not legitimate or alternatively possibly Statue Barred. However, to be 100% sure, CCA request sent and proof of delivery of letter obtained. No response to CCA request at all, not even an acknowledgement. Further request for payment / threats of court received whilst I was out of the country. Received court papers from court, again, whilst I was out of the country. Acknowledged with intention to defend. My current thinking is that the fact that the CCA request has not been complied with makes it impossible to submit a full defence, which would likely be a Statue Barred defence. Also, as I have no response to the CCA request, the alleged debt is not enforceable. Does this sound sensible? Help with defence and wording would be greatly received - I need to submit by the 16th. I've done lots of reading but this is the first time I've actually defended a claim! Thanks! Kind regards rune
  16. I received a windscreen invoice from UKCPS after being parked illegal in a private car park. The background to the case was that my elderly mother who is diabetic was having a hypoglycaemic attack. It was medical emergency. My mother is a Blue Badge holder but there was not time to display the badge. I completely ignored UKCPS demands for payment after reading advice on forums. I have now received the attached letter from Miah Solicitors. They have sent me Practice Direct on Pre-Action Conduct. What would action would you all advise me to take? Should I now just pay it or continue to ignore it. Are they likely to take to court and would they like win they did so. I'm unable to provide evidence to support my case. Many thanks.
  17. Hey guys, I made a complaint to Quick Quid 7 weeks and 6 days ago, and they told me they have 8 weeks to make a 'Final Response'. i was just wondering what i do if i do not hear a response from them by the end of tomorrow? What's the next step? Thanks Daz
  18. I complained regarding Ferratum to the ombudsman, as they lent to me multiple times without any checks, even though my Credit file shows a DRO and showed multiple loans, debt and defaults at the time. The FOS have responded with the attached. Can anyone advise me how to respond? All my other complaints so far have been similar and upheld :/[ATTACH=CONFIG]60049[/ATTACH]
  19. Hi All, Just a bit of advice needed for my boyfriend. I don't have all the information but I will tell you all I know and get any info off him that I need for you to help me. He made an agreement for car finance with first response finance (don't know the date but he says this has been going on since 2009). He sold the car earlier this year after he was fully satisfied that all payments were made. A HPI check before selling this on was clear. Since then, First Response have been hassling him saying that there is still an amount owed and he has committed "Conversion Fraud" because he sold it on with finance outstanding???? They have said "On the 20th January 2015 First Response Finance Limited issued a vehicle deletion correspondence to the correct agencies to advise that our interest has been removed from the vehicle. This is a business decision based on individual factors and is the reason the vehicle no longer shows as having a financial interest marker". He is sure he has paid it off. They have said they have tried to contact him about it lots of times before the letter he has actually received and have been quite nasty with their response, saying for him to contact them to arrange a payment schedule. How do we proceed with this? Do we send a prove it letter or deal with it in some other way? Hes worried that he will be made to pay this one way or another and doesn't have the funds to do so. Whats the best way forward?
  20. Hi All Not sure if this is the right place I am finding it all a bit confusing. I have filled a PPI complaint with HSBC and they have responded saying they need me to goto a branch to verify my signature. I dont trust banks at all so does this sound legit? thanks Dave
  21. I recently wrote to Lowells sending a CCA request following notification that they had purchased several catalogue debts from 'Shop Direct' which I had to stop paying a few months ago. The debts to each catalogue are of varying amounts from about £1500 to about £3,000 from memory. They have responded today saying that they have requested a copy of the original agreement but had sent me a letter of assignment which they claim fulfils their legal obligations. I would like to ask whether they are legally obliged to send me the original credit agreement and what further action they can take .I own my own home.
  22. Hi, In short, I received a claim form regarding a catalogue debt going back some time but less than 6 years. I sent a Part 31 CPR request as copied from this forum and I have just received the following response. Any help would be greatly appreciated as they seem to be able to ignore my request. Many thanks. Dear Mr 1970 Thank you for your email requesting disclosure under Part 31 of the Civil Procedure Rules. We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you. It is the original creditor’s policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records. We confirm our client is not agreeable to an extension for filing the defence. As you will be aware a Claim was issued in this matter on 22 July 2015 and we are in receipt of your acknowledgement of service. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgment being entered against you. We recommend you seek independent legal advice. Yours sincerely Bryan Carter Solicitors LLP
  23. Hi, sorry for the short notice. I received a cc claim form dated 16/4 for a credit card debt that has been passed to Cabot (passed on to Optima Legal) I wrote to Optima Legal requesting a CCA and pointing out that I have been requesting one since 2010 and so far one has not been forthcoming. I also applied for more time with the court. I received a letter from Optima Legal stating that they have requested the documents and will provide them in due course (dated 28/4/15) They also state 'We shall hold the account until the documents have been sent to you and shall allow you time to respond accordingly' Does this mean that they will not pursue the court claim until they have provided me with the information? The time has come for me to make a final response to the court and I can see the claim is still active on Moneyclaim. Can anyone advise?
  24. Hello All, I have received the first response of my request for CCA and would be grateful for your advice and direction as a result. The request was for section 78 and I used the template provided on this site. I have attached a copy of the letter. There was 'No' Signed Statement of Account enclosed. Of the other two stated enclosures Nos 2 & 3 there is no signature and the signature box is empty; however I am confused as to why they have quoted regulation 3(2)(b). For background the card was originally applied for in approx 2003. If you need enclosures 2 and 3 attaching please let me know. Any guidance is appreciated.
  25. Hi I managed to get my hands on a small lump sum (315.00). I have a debt that scotcall are 'managing' for my old friends at Lowell. The debt stands at around £945.00. I've had a CCA and they have provided the paperwork so it is fairly clear the debt is enforceable so I thought I'd use the cash to make a full and final offer. I wrote to them offering the £315 as full and final with the debt marked as satisfied. The reply I got is as follows:
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