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  1. Evening all, A few years ago my mum foolishly went to PDL companies for help when things went bad - she was ill and quite vulnerable and ultimately ended up taking an overdose to escape the constant badgering from these companies when she got into the inevitable mess. (this is when I became aware) I made a complaint to one of my mums payday loan companies because 1) they were reporting different things on different CRAs and 2) I believe they had irresponsibly loaned her the amount. Their response was that they hadn't irresponsibly loaned the money, as my mum had ticked the box confirming she could afford to pay it back They did not take into account that she had other PDLs with other companies (one of which was a sister company to this one) or that she had a live CCJ and other defaults on her credit record. In their final response, they sent a summary showing the PDLs she'd had with them, and the previous one she had (before the latest one that she couldn't pay) was rolled over/deferred for TEN months and then the latest one was taken out just 6 days after the last one was paid off - And they say they wasn't irresponsibly lending? surely deferring a loan for 10 months should raise flags that somethings wrong. although they denied they did anything wrong they did say that they would extinguish the outstanding amount and because of an 'internal error' causing them to incorrectly report on my mums CRA, they'd remove the credit entry from her file. I wrote and asked them to confirm that they would not sell it to a 3rd party or that the company that have just taken over MEM Consumer Finance (Instant Cash Loans - ICL) would not pursue it. This is their response but I am not confident it wont get passed around. 'With regards to your comments concerning the debt being sold or transferred to any other company, as it stands the debt remains with us. If you wish to accept the offer to extinguish the outstanding balance of £XXX and remove the loan details from your mothers credit file, this offer will be in full and final settlement of the complaint. If you choose to accept the offer we will no longer pursue your mother for the debt. Now call me a cynic but I don't see a confirmation that they wont sell it on. Any thoughts please? Also, should I be reporting them to the FCA regarding the 10 month deferral situation and lending to my mum when it should have been clear there were affordability issues? Thanks guys
  2. HI, I have received a final response letter from Monument, regarding a Payment break plan I use to have attached to a credit card. I last paid a payment on the 6/10/2006, the credit card account is statute barred. I did receive letters from Arrow Global and after asking them to prove the debt, not heard from them since. The problem is I have not made any claim against Monument or authorised a third party to do so in my name. Their letter states in response to my recent correspondence with them. I am concerned this will reset the time on the statute barred debt, some advice would be very welcome.
  3. I have previously asked Barclays for CCA They have sent me a copy of without a signature and said in the letter In response to your recent request, we are pleased to provide you with the copy of your credit agreement and a financial statement. Section 77 and 78 of the consumer crediticon Act 1974(amended) do not require Barclays Bank to provide you with a signed original form of the credit agreement and according with the Act It is not the policy of Barclays Bank to provide this. The date on the bottom of the unsigned agreement 2/8/2005 i have been making token payments via stepchange since 2009 i think also when going onto my noddle account today i can see that this loan is no longer at all showing on my credit file and previously in december prior to the CCA request was showing as defaulted on the first page of my credit report and then as satisfied in my closed accounts section so im a little confused ... Any advise or suggestion for what i can do next, many thanks
  4. [ATTACH]56320[/ATTACH] Response received today to my second complaint regarding unlawful data processing. First complaint completely ignored! Vodaphone must like court claims
  5. Guys, a friend has two letters to keeper form UKPC for parking outside their own house - yes you read correctly. For some reason UKPC are ticketing vehicles on a new build estate that are parked in the roads, it is not permit holder parking, it does not cost anything to park there, there are just signs up saying parking restricted and the usual UKPC waffle. after two tickets on the vehicles they have now got letters to keeper, they have asked me to pen a letter for them, I advised do the usual - soft appeal then appeal to POPLA with GPEOL as the main reason as I jsut don't have time to write the letter. Is there a template for this anywhere?
  6. Hello all, I personally feel that having borrowed money i should endeavour to pay it back. However, the interest rates now being applied to my Credit Cards is crippling and even though i am managing (Just) to pay my minimum monthly payments the debt is not getting noticeably smaller. I have CCA'd 8 of them i month ago and only got 2 replies, neither has complied with my request 100%. If i wished to get out of my debts i could possibly go down the CCA road do just that BUT that is not what i am after. To this end i have compiled the following letter. Dear Sir or Madam: I am writing to you now before I get into arrears with yourselves to see if there is any help available for the situation I find myself in. I am currently well over committed with my financial obligations and since my wife is now only working part time I find that I am merely moving money from one debt to another to make the minimum payments. My debt is actually increasing and I can see no light at the end of the tunnel. I have considered options including bankruptcy and as house values have fallen so much I feel that I have nothing to loose. However, I feel that as I have had the money (Except, of course, the interest) I wish to re-pay it. To this end I am writing to all my creditors to ask them to freeze interest payments on my accounts. This together with a little help from family will allow me to make the regular monthly minimum payments that will actually see my debts de-creasing. Of course if you accept this I would return my credit card. As you can see I’m torn between the wish to pay what I owe and the easy option of wiping out my entire debt with bankruptcy. I am hoping that all my creditors would consider this a fair compromise. Yours faithfully Opinions would be greatly appreciated as to weather i am just wasting my time and by sending this will i lose anything i may have gained with the lack of CCA. Thanks in advance
  7. Approx a year ago I asked Arrow Global to "prove" a debt they alleged against me. A year on they were still applying default notices and data on my credit file. For months I had been asking them to remove this data all of which was refused and met with "we are still investigating" As this was not getting any anywhere I emailed the CEO [email protected] who passed it on to someone else and I got a reply within 48hrs. So here is the reply in all its glory To be clear they are not chasing the debt at this time, I am requesting they remove data form my credit file as they can't prove any debt is owed. Comments and opinons please
  8. Hi all My father passed away last month however a few months prior to that he had started talks with one of the "we will help you get PPI back" companies. I know what these guys are like and they have contacted my mother who is not up to speed on their tactics etc and she has agreed to continue the claim. However my query is, there is no official executor as he had no will, so how can they get the info they need from the institutions? Next of kin wont be able to access it will they? Also, am I right in assuming that any money they get from any claim should they be able to get the info will be received by the estate and then dispersed out? At the time of passing he had a Barclaycard, RBS Card (both around £1k balances and was always at that level) and an Argos card. He had had a loan in the past that was paid off. He also had something from Creation which was related to a purchase from PC World/Currys etc. TBH I dont really want to put my mother through all the hassle which these guys are likely to do, because its not just a case of my mother signing an authority form. She has to do everything I would imagine. And all that to be hit with a massive charge at the end of it. Am I right in my assumptions? Or close?
  9. One of the most common enquiries that we receive relates to the subject of Magistrate Court fines and whether or not the bailiff/enforcement agent is required to have in his possession a copy of the distress warrant/warrant of control. In almost all cases; the confusion arises from incorrect (and misleading) information on a small number of websites heavily connected to the Freeman on the Land or other such movements. These websites frequently ‘claim’ that companies enforcing magistrate court fines create ‘doctored or counterfeit’ warrants and debtors are encouraged by the websites to pay a fee to download a template letter which they are told to send to various Magistrates Courts around the country. In November a debtor wrote to HMCTS regarding this subject. He received a lengthly response from them which he posted on a forum in November. The following is taken from the HMCTS reply. For ease of reference, in post number two I have broken down their response into separate headings. In this post I have extracted from HMCTS's response the relevant case law: "It is not necessary to generate a distress warrant at the time of its issue; the relevant details can be produced (and provided to the debtor) subsequent to its issue (or indeed subsequent to its execution) but such relevant details should be recorded at the time of issue" "Pursuant to section 125A of the Magistrates’ Courts Act 1980 where a warrant (whether a warrant of arrest, commitment, detention or distress) is executed by a civilian enforcement officer, a written statement indicating the name of the officer, the authority by which he is employed and that he is authorised in the prescribed manner to execute warrants, must, on demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable. Section 125B applies to approved enforcement agencies and makes similar provision". "Part 52 of the Criminal Procedure Rules 2010, rules 52.7 and 52.8, set out the procedure for the execution of magistrates’ court distress warrants. The distress warrant must identify the person to whom it is directed, the person against whom it was issued, the sum for which it was issued and the reason that sum is owed, the court or fines officer who issued it and the court office for the court or fines officer who issued it (rule 52.7(1)". "A person to whom a warrant is directed must record on it the date and time at which it is received (rule 52.7(2)). Pursuant to rule 52.8(2), the person executing the warrant must explain to the debtor the order or decision that the warrant was issued to enforce, the sum for which the warrant was issued and any extra sum payable in connection with the execution of the warrant. In addition, if he has the warrant with him, he must show it to the debtor or if the debtor asks, arrange for the debtor to see the warrant, if that person does not have it and show the debtor the written statement of that person’s authority required by section 125A or 125B of the 1980 Act"
  10. Hello all, Sent separate CCA requests (recorded delivery, have sigs) for separate pre-1998 loans bought by Erudio, and no response in the 12+2. Haven't yet deferred, though will easily qualify, but the deferral period is up in next few days. Having read through all the recent related threads, I'm still not 100% sure on what's best to do (or not) next: Do I... 1) Wait until they contact me [in writing] - whether that be to respond to the CCA requests, or to tell me I am not deferred and need to start paying - and then take it from there? 2) Send in the deferral form now (minus the info I'm not prepared to provide)? 3) Something else entirely. My main concern for taking option (1): should the CCA requests be successfully answered, am I given suitable extra time to defer (from a legal standpoint, or due to account being in 'dispute') and if so, how long? The concern for option (2): acknowledging the debt (via deferral info) before they've provided proof of its existence via the CCA requests. Any advice much appreciated.
  11. Hi, I've had the unfortunate experience of having to deal with British Gas customer services since January to date. They're aggressive, ignorant, incompetent and disconnected in many ways, to the extent that their collections team are unable to view things going on with the account in the billing team. Its clear that I'm getting nowhere with them by complaining, so I've resorted to: Transferring to Ovo (Who have been brilliant so far) Spreading the word and telling everyone I know about Ovo. Most significantly though, I have raised two e-petitions on the government website to force British Gas into improving their services. One has been accepted and one has just been submitted. ----------------------------------------------------------------------------------- Energy Suppliers Service Related Charging Responsible department: Department for Energy and Climate Change I would like the government to impose a mechanism upon the Energy industry whereby a company's charges are determined by the levels of service they provide, as with the Water Industry & SIM (Service Incentive Mechanism). This would force the likes of British Gas with a 39% customer satisfaction rating (Which? 28/04/14) to concentrate on improving their services to customers. --- ******** http://epetitions.direct.gov.uk/petitions/64429 ********** --- Recently, 'British Petroleum' embarrassed our nation with their disaster in America. 'British Gas' currently have a 39% Customer Satisfaction Rating from a 'Which?' survey. I would like the government to licence the use of the name 'British' in company names to ensure that any company using it, provides a world class service that reflects traditional British qualities. Quality of service should be measurable with pre-defined parameters that companies must meet before they are allowed to use OUR good name. --- I hope you agree with these sentiments. If you do, please help and sign my petition. Also, please don't forget to confirm your entry by clicking the link in the email they send you. Best Regards, Rob
  12. Hi just wondered if anyone can help i made a claim for ppi well PBP from a old Monument account, bit strange really just found my old card one day and then found this forum then within a couple of days all this happens i made a call to monument made a claim for pbp they said yeah no probs we will deal with your claim you need to do nothing, and to be honest so far after 3 weeks i have spoke to them only twice then the other day a letter arrived dated 05/08/2014 Final Response Says Dear Mr I write further to your recent correspondence we have reviewed your account and can confirm you subscribed to the payment break plan ("PBP") product Without admission of liability, we are prepared to refund to you these fees plus compound interest (at today,s account interest rate of 28.82%) from the date of the fee, as shown below: Charges £624.54 Account rate interest £417.27 8% statutory compensation £477.46 less income tax at 20% £95.49 Total Refund £1423.78 (charges plus interest) Now i thought great happy days Then i remembered didnt i owe them a couple of hundred pounds so i called them up at customer relations and the lady said a cheque was rasied on the 06/08/2014 for £963.00 (about that) because you owed us money on the account (big jump from £200) which was being chased by a third party company called JCIA now the reason for my long boring post is, is this legal ?? can they take this money without first showing me what i owed them second take money from me to pay a third party company that they sold the debt to ?? i would have thought they should be made to pay me and then i do a deal with JCIA who i do recall sending me a letter once 5 years ago if anyone knows if Monument can do this please let me know Cheers
  13. Brief description, £6900 - Cahoot Loan (Original loan was £9k), Moorcroft Debt Recovery Ltd (Not showing on my credit report) - when was you last payment? Through dmp once every month I was under assumption my balance was £6900 but the letter says £4900. Whether that's there offer i'm unsure. Thanks, Neo.
  14. Hi there, I sent a CCA request to Link financial on my pay plan DMP back in December 2013. Their first response received last week - three months later! Though, I live abroad and it takes a good month for mail to arrive. Their letter was dated 25 Feb. It does not quote anywhere how much I owe them, nor does it make mention of my CCA request. It simply states that I have missed payments, and the repayment plan has been cancelled (i.e., off of the payplan DMP) They ask me if there has been a change in my personal circumstances, and then threaten that they will recover the debt "if needed, pursue you through your local county court" Next steps, anyone? Thanks!
  15. Hi guys, I am trying to claim my bank charges back (I think about £3000 worth over past five years) I have sent them a letter asking for the records of bank charges back 6 years and I sent them the £10 cheque. I have had no reply in one whole week.... Can they really get away with ignoring customers??? Please help
  16. Hi everyone I received a letter today from 1st Credit in response to a request for a copy of my signed agreement. I asked them for it a year or more ago (can't find the letter as it was on an old laptop) They have sent a copy - no signature and no date which they say that they can do by law, and are now demanding payment and that I contact them within 12 days. I asked in my letter for a response within the statutory period (which i have seen as being 14, 30 days....either way not a year) The debt with the original creditor defaulted, according to my credit file, November 2009, therefore due to come off at the end of December this year. This is a citi credit card debt that I had when I was married and have no recollection of the agreement etc. I have not acknowledged the debt or made payment in the past 5 years 10 months. Should they have written back sooner? Why can't I have my agreement signed and dated? IS this just a case of them seeing it's due to become 'expired' and trting it on? Any advice welcome! Thanks
  17. On 9th July I started a very important thread about Police & Bailiff Roadside Operations (link below). The 19 emails provided by the Met Police under FOI were first published on the 'NoToMob' website and I copied them onto this forum that same day. There can be little doubt that the email exchanges are very serious indeed and following publication, the Editor of CCR Public Sector magazine approached both Whyte & Co and Newlyn Plc for their comments regarding the documents (and the operations in general). Late this afternoon CCR Public Sector published a copy of the official response from both companies and it is very important that these comments are taken into consideration by viewers. A 'word' copy of the article as published by CCR today can be read in the following post. http://www.consumeractiongroup.co.uk/forum/showthread.php?428516-Police-and-Bailiff-%91ANPR-Roadside-Operations%92...bailiffs-offering-to-pay-a-15-quot-donation-quot-to-the-police!!(5-Viewing)-nbsp
  18. Hi all, received a PCN on my vehicle for parking on a single yellow line. Used the local authority website to challenge and was told that a response would be received within 10 working days. Nothing was forthcoming, and the next thing was a Notice to Owner being delivered by post, stating that the full amount was now due (£70, rather than the £35). I spoke to the council and told them that I did not receive a response to the initial challenge. They stated that it had been sent by email and resent by email, the copy. My question is this; does a response by email constitute proof of posting? What I mean is, how can I be sure that they sent the initial email as it did not appear in my inbox or Junk, however, the second email did. Also, they sent the Notice to Owner by post rather than email. Id there some kid of challenge I have here to pay the original reduced amount (£35) rather than the full £70? I am not now disputing the original PCN, rather I am challenging the fact I did not receive the response to my challenge, and therefore did not have an opportunity to pay the reduced amount once their decision had been reached. Apologies for the rather protracted post; but hopefuly someone can advise? Many Thanks, AG
  19. We moved into our new home in October last year. British Gas were the suppliers for gas when we arrived. A week after we arrived British Gas tuned up to replace the meter. we took a reading. 6 weeks after we had moved in we changed the gas supplier from them to NPower. We asked British Gas to snd us the final Bill. It arrived last week only 8 months and 2 weeks late but there you go. The bill comes to £131.54 - £21.92 per week. Our house is not a mansion it is a 3 bedroomed semi. Is this a high price to pay for Gas, as I don't understand the breakdown. My Gas bill from NPower which covered Chistmas, January and February works out at £15.97 a week. I just don't get how ther can be such a price difference. Theres no disputting the units of gas used but the price - we had no choice but to use them and we are paying for it now. To top it all today a letter came from BG Solicitors advising us we had 7 days to pay or else. Yet we have only had the final bill for 7 days.
  20. Hi All, I have had a response to my SAR request from BBS and I am looking to reclaim various fees. Looking through what I have is dificult (copies of microfiche files, two mortgages, 1 savings account, various correspondance, etc.) Mortgage was taken out in 1986 and re-paid in 2005 From looking around in the forums I gather that the following can be reclaimed: Late payment fees Returned DD/CHQ fees Deeds dispatch fees Penalty interest Is there anything else that can be reclaimed, e.g. cost incurred for passing mortgage to solicitors prior to taking action, etc. Also I re-paid the morgage early by re-mortgaging with another supplier, are early redemption fees exempt? Thanks for all and any response G
  21. Hi All, Had a response from IF to a CCA request on a credit card. Quote: "Further to our letter, at the moment we are not able to provide a copy of the original signed agreement but I have enclosed a copy of your original Terms and Conditions, however we can confirm that our procedure has always been to obtain our customer's signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confident the agreement remains enforceable. By providing you with the documents attached to our previous letter, we have satisfied our obligation to provide a copy of the executed agreement under Section 78. However, even is an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforcement order from the court. It has always been our process to ensure that an agreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this proceed to court we will adduce evidence to confirm this..." It goes on to warn about using the services of claims management companies etc.... They have attached a badly photocopied version of the Terms and Conditions. I'm confused here - am I still in dispute with them until they turn up a copy of my signature? Should I start paying them again? As always, any help much appreciated. JJ
  22. With respect to the MBNA accounts there are no negative markers against these accounts. At the current rate of repayment they are due to be paid in full in approx 18months time. I would just assume they would stay on my cra as no default was logged against them. Surely these will just show as settled in full or will they be removed once the final payment is made? I'm not looking to F&F these two accounts purely arguing whether they are enforceable by correct execution of the CCA.
  23. I'm £12,472.52 in debt to Mint and I've got behind in my payments. My account has been passed onto Triton Credit Services. I've been receiving the usual phone calls (about 5 a day) from them (I'm not answering them), plus usually 1 letter per fortnight threatening me. Each letter gets worse, the threats are - taking me to court, sending round a bailiff, a charge placed against my property or assets or my employer deducting money from my wages. I wrote to them and asked for a CCA. Things went quiet for about a month and then my CCA turned up, also the phone calls have started again. (one whilst I'm typing this, at 8 o'clock at night!) The CCA that Mint sent me though only has my name typed at the top, there is no signature on it. I kind of expected my signature to be at the bottom of it, like I've seen on other CCAs posted on here in other threads. I need some advice, is this CCA enforcable? What should I do?
  24. Hi, I hope I am posting this in the correct place, it is a follow on from a thread I started in debt and self help forum. I have had a response from barclays (ex egg CC) to my CCA request and not sure what to do now?? I have been in a DMP with pay plan since 2006 and have made significant progress in reducing the debt but there is still £3K outstanding and I have been made redundant so cannot afford to keep up the monthly payments but think i may be able to offer a settlement hence why I sent a cca request of to them. The account defaulted in 2006 and is no longer showing on my credit file. Thank you for any advice and I hope the attachments work
  25. Hi, Following the advice from a previous post on here to send CCA requests to my creditors, I've had a response of sorts from Santander regarding my Cahoot Flexiloan account. I defaulted on the account 7 years ago and have been managing payments to them through PayPlan ever since. The Default expired on my credit file last year and I've stopped paying PayPlan (again, under advice) because they've been screwing up my payments and until I did some digging, I didn't realise their estimated settlement figure bears no relation to what Santander say i owe. I sent the CCA request on the 7th March and yesterday I got a statement with my last 9 transactions on it. That's it. Nothing else. What do I do now? I'm not paying them any more as I believe technically my account is still in dispute. I'm desperately trying to clear up my credit file (my mistakes were from years ago and I've worked hard to correct them and get myself straight) so I think I'm right in saying they can't default me again, but can they issue a CCJ? I can't start this cycle again. If anyone can help it would be hugely appreciated.
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