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  1. Hi A colleague received a telephone call from an enforcement agent who had got their employers details from the council regarding a council tax debt. They are trying to sort this out but the enforcement agent was very aggressive and unhelpful (and asked if we knew where their partner works). Has the council breached data protection by giving these details to the collection company?
  2. Greetings all! I could trawl around the net for the answer to this for a few hrs. However, as you guys are usually clued up on this stuff. I though somebody may like to offer some wisdom for the rest of us. It was my understanding that the the Consumer Rights Directive made using Premium rate numbers a no no for calling "Customer Services" and that these call's should be at no more than "local rate". I can't find the legislation though. Was this just a proposal, or a proper 'unfair business practice' and has anybody got the reference/Act etc. The reason I ask, is that I notice that a number of car hire companies only offer "customer Services" via their reservations numbers which are often premium or service rated e.b. 0870 or 0844. Thanks for your help Dave
  3. Apparently I owe WDA some money. I don't recall the loan, but it was from a time (2012 or 2013) that I had lots of pay day loans. I have paid off or resolved all of them apart from these prats who out of the blue around 6 months ago started calling me. Likely it was £100-£300 (lol) When I answer I refuse to give them any personal details "go through data protection" and say I don't know who they are. If I owe them money then send me a letter. But they don't. I mean they don't have my current address but where I lived at the time my friend lives there still so I can get any letters addressed to me there as far as I know. I was told early on to check my credit file if I don't recognise the debt but I don't see anything on there. I have told them I will report them to the FCA if they continue to call but I haven't done this. Should I? Thanks for any advice!
  4. Just had the shock of my life, Vanquis called on my mobile with a chap with a South African accent. No kidding within thirty seconds of hanging up Land Line rings with another gentleman with a dodgy accent It appears had been placed on an automatic call dialer by mistake for some reason but all sorted Who the hell are these people anyway who think they can call customers on a sunday?
  5. Hello everyone, I'm posting this as a heads-up for others as much as a call for help. I walked away from some debts 6-7 years ago, so all s-b and I've heard very little (the occasional half-hearted phishing letter). I am living credit-free and within my means. The exception was an MBNA debt which went to Link, who got a CCJ in the autumn of 2011. I'd hoped to counterclaim on their outrageous charges and horrible harassment but I'd failed to do my homework properly, so I lost. The court did set the repayments at £10 a month for evermore (on £6000), which I pay by standing order. It's down to £5k+ now. Link send a "summary" every 6 months stating that I'm in arrears and the total is due, I don't pay it any heed. They have called once or twice since 2011 asking if I'm "happy with the payment arrangements" and I've said, "yes, thanks". As I understand it, the CCJ will disappear from my record by the end of this year, and I see no advantage in paying them any sooner; I'm effectively getting an interest-free loan from them, and my hope is that they'll go out of business before I've paid it all off. Also, I don't want to give them the chance to say I haven't complied with a court order. I've had two messages left by Kearns in the past fortnight, out of the blue, seemingly, although I'm guessing that as I've recently been credit-checked for job applications, this may have triggered something. They've called with numbers withheld, asking me to call them urgently. I hadn't heard of Kearns, so looked them up on here and learnt that they are part of Link. I'm guessing that I should ignore and wait for them to write to me. I wish I could say I'm not bothered but I am curious and my blood pressure actually shot up this morning. (It's going down, typing this. Taking back control, something CAG has taught me well.) I wonder whether they are hoping to trick me into making a new payment arrangement (which would invalidate the court's agreement, wouldn't it?) or are fishing to see whether I'm working now, and/or want to make a deal - final payment in return for removing from my credit file (I don't know that that's even an option, as a CCJ is a public record). The other possibility is that they're calling on spec regarding other old debts, but anything else is statute-barred. So ... wait for the letter, I guess? Can I stop them calling? They've called just before 9am, so I've had my phone off, and I'm prepared for any "no caller ID" calls. If they catch me, will ask them to put anything they have to say in writing. Should Kearns be reading, and working out who they've been calling this week: my circumstances haven't changed, but feel free to write to me. The contents of your letter will be shared with my friends on CAG for info purposes.
  6. -IDEM Services replied that debt is unenforceable as they are unable to provide CCA paperwork, but they refuse to release me from my financial obligations. (£2000) This debt does show my on credit file, defaulted 09/2001 Not sure what to do here, please any help info on next steps??? stop paying ? wait for it to fall off credit file? offer full & final???
  7. Have had 3 or 4 calls recently from cold callers working for Halifax. When you answer phone it goes dead or they ask for you by name and then ring off. Has anyone else had these calls which are to get your feedback for service received. Are Halifax allowed to give 3rd party your contact details ?
  8. please can someone help me i have read on here something about credit card agreements taken out before 2007 do you need to have a copy of you agreement i dont or can you ask the card company to send you one also how do you know if the agreement is enforcable i am really sorry if this as been asked and answered before but any replies would be very welcome thankyou
  9. A special register allowing people to prevent charities from pestering them for donations will be created following the death of a Bristol poppy seller. 92-year-old Olive Cooke killed herself in the Avon Gorge last May after battling depression. Shortly after her death it was revealed she had been bombarded with thousands of messages from charities she supported. The Fundraising Regulator (FPS) hopes to launch the service this year, subject to approval from members. HOW WILL IT WORK? Users create an account and choose which charities they want to block from contacting them. Each account will last two years - and users will be asked if they wish to renew their details three months before they expire. Charities which spend more than £100,000 per year on fundraising will be required to bankroll the register by contributing £15,000 annually. It will only apply to fundraising communications and not information letters, or calls put out by charities. http://www.itv.com/news/westcountry/2016-08-26/charity-regulator-planned-to-stop-persistant-donation-pestering/ https://www.fundraisingregulator.org.uk/about/purpose-strategy/
  10. I went on the Virgin Media website to see what I could get. I put in my address and postcode - nothing else. I found the information I needed and decided I'd think about it for a while. Within two days a Virgin media person was on my doorstep. I have a very clear no cold calling, no sales people sign. He knocked regardless. I was pretty agitated already by the arrogance and contempt for my no cold calling sign not to mention the principle of sending someone out to chase up the loosest of enquires. I assumed he would get the message as he could see us ignoring him through the living room window. He buggered off and I hoped that would be the end of it. I was mistaken, he called AGAIN tonight just as I sat down for dinner. With this I was LIVID. I opened the door and asked him why he was knocking, to which he said "Did you make an enquiry with us?". I pointed to my sign and said "Can you read" to which he replied "if you've made an enqury it's not a cold call!" What!!??? I asked him what my name was and he obviously stumbled and looked blank. "Have I invited you?" "Then you're a called caller" He made his protests and I got really furious "how dare you read that and disregard it, wilfully choosing to interrupt my evening" Things escalated and I threw several extremely strong insults his way and then told him to get off my property in 5 seconds or I would get physical. At some point I also recall telling him he could shove his fibre optic cable. I am absolutely shocked at the arrogance of this company. To come back AFTER you have read the sign and clearly been ignored. What was he expecting. Now i'm stuck. I don't want to pay BT prices and I don't want a company like Virgin in my life. Gah.
  11. Is there anything I or my phone company can possibly do to stop harassment and sometimes abusive calls ? I have logged times and dates and I have answered on a couple of occasions but can never quite understand the person talking. Now I have been receiving calls early morning and late at night. Always ask for the same person but incorrect name and when asked who I am speaking to its either Jon, Joe, Reggie, Ronnie etc and then sometimes followed by abuse if further questions asked
  12. The Government has announced plans to put an end to anonymous phone calls from British companies in the UK or based overseas. Telemarketers will be forced to display a valid phone number when they make phone calls - or face heavy fines in a new crackdown on nuisance calls. The welcome change to the law means it will be a legal requirement for direct marketing callers to show a valid caller identity that shows up on phone displays when they call. The changes make it easier for people to report any company that makes unwanted calls. http://www.which.co.uk/news/2016/01/cold-calling-firms-forced-to-display-phone-numbers-429776/ How to stop the nuisance callers First, make sure you’re not handing your details away. If you don’t want to hand over your own phone number when filling in forms, use this one instead . You can complain about a cold caller to the ICO here . If the cold caller is from a claims management company, such as those calling about PPI, you can also complain here . Cold callers aren’t supposed to call you if you’ve signed up to the Telephone Preference Service .
  13. On Friday I was extremely concerned about a thread on one of the ‘Beat the Bailiffs’ facebook sites that eventually led to the debtor being removed from his car and with many police in attendance. Background: The debtor (Tony) did not seek advice on the site. Instead, his brother Paul sought advice from the Social Media Site on his behalf. It would seem that ‘Tony’ had not paid a penalty charge notice and accordingly, a warrant of control was issued and passed to Marston Group to enforce. The bailiff attended the property early last Friday and after a short period of time, clamped his car. In ‘Paul’s’ initial post he called for ‘Boots on the Ground’ to attend the address (in Oldham, Lancashire). As is usual with the site, the full address and postcode were provided. One poster (John) spoke with Tony a number of times and reported back that he had advised him that: The warrant was not a legal document as it was not signed. Tony should stay in the car as his vehicle could not be removed while he is inside. and that: He should tell the bailiffs and police that "Wesley is just getting ready with a crew". (Wesley posted himself to confirm that he would be attending). Further alarming posts were made that indicated that the bailiffs would be attacked (for example: “law doesn’t matter, lets all go out and lynch the fxxxing bailiffs”). The situation esclated very quickly indeed and from reading the posts the indication was that many people were on their way to the address (in Oldham) with Wesley himself posting that ‘we have a Mexican standoff’. Further posts reported that about six police officer had arrived together with more bailiffs. In all, almost 400 posts were made on the site and yet....not one person bothered to ask any background information such as: Did he receive all the notices from the local authority? Did he appeal the penalty charge notice? Did he receive the Notice of Enforcement from Marston Group? Did he respond to outline a payment proposal? Instead, as is always the case with these sites, the suggestion made was to ....submit an Out of Time statutory declaration to the Traffic Enforcement Centre. One person exhibited a copy of the warrant of control and it was plain to see that the warrant was a legal document. Naturally, it did not require a court seal or a 'wet ink signature'. Telephone calls were made to the bailiff by an admin member of the Social Media Site (a lady with supposedly 30 years of legal experience) asking that the vehicle remain clamped until the Out of Time statutory declaration had been processed. Naturally, with the expectation of many more ‘supporters’ shortly arriving, the enforcement agent took the decision to remove the vehicle (by this time it had been clamped for over two hours). A tow truck was in attendance. The debtor was removed from the vehicle. Fortunately, for the bailiffs, the police and the debtor the 'Boots on the Ground' stunt was a complete failure.
  14. Hello everyone, Credit card- Citi with Cabot Financial Europe. I am paying to Clarity (online payment via their website) which I guess has been employed by Cabot to take the payments of £1 since 2013. Noddle is updated by Cabot on regular basis showing –£1 each month. Information on Noddle: Account start date 07/2007, opening balance £1436, default balance £1436 ,date of default 06/2010. Between 2010 and 2013 I was paying more than £1 a month so the current balance is down to around £590. The last letter I have received from them is a confirmation of arrangement for £1 a month with Clarity. I called Citi years ago to ask them for more information regarding the debt and about Clarity. They could not find anything in my name with their bank and explained they do not have credit card department anymore as they no longer offer any credit cards and as far as they are aware I don’t owe them anything. They could not give me any information about PPI either.. .They never wrote to me to explain that they ‘sold’ my debt as far as I remember. I sent them CCA request as advised by the helpful people here. They have received my change of address letter and the CCA on Friday 8th of January, 2016 - I can confirm that because I sent it Recorded. This morning they called me but I did not answer. T hey left a voice mail asking me to call them back. I did not provide them with my telephone number on the change of address letter or the CCA request (only address but I guess they have my telephone number from previous contact with them back in 2012-2013). Should I call them or ignore? Why are they calling me?! Anybody with similar experience?
  15. I recently entered two free to enter competitions shown on food products and within a month i have started to receive marketing communications from other companies. I ticked the relevant boxes to say that i did not want to receive any marketing from them or any third party companies. I don't normally enter such competitions which require online registration, for the reason of not wanting companies to sell my data. I thought stupidly that they had stopped doing this, given recent fines, but they are obviously still at it. I might make up a name to catch the companies selling data against my stated wishes and report them. Trouble is when Archie Aardvark wins the competition for a trip to the Rio Olympics, i might find it difficult to claim the prize.
  16. http://www.consumeractiongroup.co.uk/forum/showthread.php?452689-Children-s-charity-bosses-praise-town-hall-over-decision-to-stop-bailiffs-calling-on-families-with-kids-at-home-Manche For the full story http://www.manchestereveningnews.co.uk/news/greater-manchester-news/childrens-charity-bosses-praise-town-10110772
  17. Hey guys, I'm really hoping someone can help give me some sound advice on Moneybarn. I took out a 3-year conditional purchase agreement with Moneybarn in Oct 2013. I pay £410 per month, and to date I've paid just shy of £9000 on a car that cost £9,400. The total amount to repay Moneybarn is around £14,000, and I am almost 2/3 rds of the way through the contract. Last summer, I broke my neck and explained to Moneybarn that because I'm self-employed my payments would be late until I recovered. I managed to get the money together for the three month's missed payments and I offered to pay the arrears, plus all charges (reasonable or otherwise), but Moneybarn insisted on issuing a consent order to allow me to keep the vehicle. Reluctantly I agreed, but instead of issuing a consent order, Moneybarn obtained a CCJ against me without my knowledge (I was living abroad and they were aware of this). When I found out, I sent them a strong legal letter, and managed to persuade them to have the CCJ set aside and replaced with the consent order. in early 2015 I found myself in possession of the vehicle under a consent order that allowed Moneybarn to repossess the car should I miss any further payments. However, I fell into work problems in May, and this time missed two payments. To cut a long story short, Moneybarn would not allow me to catch up on the arrears and insisted on repossessing the vehicle instead. It's now been 4 months since the first missed payment, and they eventually said I could keep it if I paid recovery charges - but no recovery has been made! When I refused to pay this, they said if I didn't hand over the vehicle this week they will call the police because it's their property and it's stolen. I do have a brain between my ears and have done extensive research myself, which leads me to confidently conclude they can't do this, but my question really is would I be able to apply for a time order and argue the repossession charge, given that the vehicle is subject to a consent order initiated by the creditor? Having paid off the actual price of the vehicle and with only 1/3rd of my contract outstanding, it's heartbreaking to have to hand over the car now - especially after all I've been through with Moneybarn. Any sound advice or experience in this area would be much appreciated and thanks for reading
  18. Experienced motorists are being wrongly stripped of their entitlements, then find themselves unable to prove they ever passed their tests because the agency has deleted its records We've had these complaints on here. I've posted this article in full in case it disappears from the newspaper: For the past four months Shane Rae has been living under the threat of having his driving licence taken away – yet he has committed no offence and his 30-year driving record is unblemished. He has even been forced to retake his driving test and take on a solicitor to fight his cause. And the reason for all this? Rae, 45, moved house and sent his licence to the DVLA to amend his address. It was returned minus his entitlement to ride a motorcycle – and when he complained he was warned that his car licence would be revoked as well because the government agency had no record of his qualification to ride a motorbike or drive a car. Rae is one of hundreds of motorists who have found themselves stranded after sending their licence to the DVLA to have it amended, only to be confronted with a demand that they provide proof that they passed their test, even if they took it decades ago. He says the whole experience has left him feeling like a character in a Kafka novel – and adds that even the clout of the prime minister, who happens to be his local MP, hasn’t succeeded in getting the department to see sense. The DVLA is already in the doghouse with many motorists after a new online system that affects people hiring a car was plagued by technical hitches earlier this month, and the emergence of this latest problem will only add to the pressure on the agency. Rae told Guardian Money that he exchanged his Canadian licence for a full UK one in 2000 after submitting all the required evidence from the Canadian authorities, “and since then I haven’t incurred so much as a parking ticket”. He adds: “When I complained about the missing motorcycle entitlement the DVLA told me it destroys supporting documentation for applications after 10 years and that it could therefore find no proof that I was ever entitled to drive, despite in a separate letter confirming that it had scrutinised my documents when amending my licence in 2004. “I was told I would have to request evidence of my entitlements from the Canadian authorities – yet in the same breath the DVLA admits that Canadian driving records are destroyed if they remain dormant for more than 10 years.” It turns out that Rae is far from alone. Paul Chapman, who runs a motorcycle training school, was one of the first to realise something was amiss after receiving dozens of calls from motorcyclists who’d had their entitlements removed after updating their licence. “I’ve had couriers and HGV drivers come to me who have lost their jobs because of this, and 50-year-old bikers who have had a licence for 20 years until they applied to update it,” he says. In its response to a freedom of information request submitted by Chapman, the DVLA insists it retains all driving entitlements on computer and microfiche, and destroys only the licence applications after a 10-year period. The trouble is, it is the also-destroyed supporting documents provided alongside these applications that the DVLA insists on viewing when querying the validity of long-held licences – and the onus is on the motorist to provide them. Chapman says: “I have had to create cheap, quick ways for these guys to take their test again in order to apply for a new licence, but you’re still looking at around £600. The DVLA’s attitude is that it never makes mistakes, and that if a driving entitlement drops off your licence it is up to you to prove that you ever took a test, when it is its job to store all that information. It’s almost worth getting a speeding fine every three years so that the police have a record of your licence.” In the case of Rae, who works in publishing and lives in Oxfordshire, he has spent well in excess of £1,000 on retests and legal fees. His solicitor persuaded the DVLA to delay revoking his licence, which could have jeopardised his job, until he could retake his test. “The DVLA was in effect saying it was happy for me to carry on driving, even though it insists I don’t have a valid licence,” he says. However, he then discovered that possessing a full licence disqualified him from taking a driving test. “The DVLA confirmed there is no way for me to take the test again unless it takes away my licence, so it has revoked it again for its computer system to then allow me to book a new test to replace the documents it admits it has seen but since destroyed,” he says. Rae adds that David Cameron has written to the agency on his behalf three times, “which as far as his office is concerned is unprecedented”. There are fears the problems will worsen now the paper part of the licence has been abolished, along with tax discs, leaving motorists at the mercy of the agency’s digital records. The DVLA has an online service that allows people to view their driving record – for example, vehicles they can drive and any penalty points and disqualifications – but this does not include historical information about previous entitlements, so it will be no use to those who are suddenly required to produce evidence of decades-old qualifications in order to keep their licence. Another driver caught up in this is Steve Sylvester, 51, who lives in Derby and held an HGV licence and a motorcycle entitlement until he sent his paper licence to be swapped for a photocard in April. He was reissued with a provisional car licence. It is almost worth getting a speeding fine every three years so that the police have a record of your licence “I have held a full licence for 25 years and, as I worked as a security driver for Barclays, it had to be vetted by the police, who found no problem with it,” he says. “I sent the DVLA the make and model of the car I took my test in, as well as the name of the instructor and the driving school, but they demanded the test certificate that I sent them 35 years ago. My job was on the line because I need to be able to drive, so I had to pay £200 to take my driving test again and apply for a new licence.” Meanwhile, it was a speeding fine that alerted Dave Knox, a 64-year-old teacher from Merseyside, to the fact his motorcycle entitlement had been omitted from a replacement licence. “I passed my test in 1972, but had to apply for a replacement licence when I lost the original on holiday,” he says. “A few years later I got pulled for speeding and the police confiscated my bike because it turned out the replacement licence didn’t include my motorcycle entitlement. When I complained to the DVLA, it told me I’d never passed my test.” Knox received a court summons for riding a motorbike while unqualified, but his driving record provided by the DVLA was so full of errors – “it even suggested I’d had three licence changes in one day, which is an impossibility” – that the court ruled in his favour and his motorcycle entitlement was restored. “I got no compensation for being unable to ride my bike to work for six months, or for the £150 I had to spend insuring someone else to ride it from the police compound,” he says. The DVLA told Money that it cannot issue licences in “good faith” alone. It declines to discuss individual circumstances, but says that in Rae’s case information came to light from Canada that cast doubt on his entitlement to drive. This information, according to the DVLA’s letters to Rae, is the fact that Canadian driving records are destroyed after 10 years of dormancy, so it can’t re-examine his certificate which allowed it to issue his UK licence in the first place. The agency says it never removes valid entitlements and that rare errors are quickly corrected by checking its computer records. In 2010 it estimated that 2% of drivers’ records contained errors that were the fault of the DVLA, and between 2008 and 2010 it received 285 complaints that entitlements had gone missing. These figures are the most recent it has published. The problem for motorists who reach an impasse with the agency’s customer services is that it is difficult to lodge a complaint with an independent third party. The DVLA can refer unresolved complaints to the Department for Transport’s independent complaints assessor (ICA), but motorists can’t apply for mediation directly, and the ICA only dealt with 93 DVLA complaints between 2013 and 2014. The Parliamentary and Health Service Ombudsman also looks at complaints, but unhappy drivers have to ask their MP to contact the service on their behalf – which doubtless explains why the ombudsman has only taken on 14 complaints about the DVLA in the past 12 months. That is up from two in 2013, and a solitary investigation in 2012. The ombudsman itself is dissatisfied with the system. “It’s very difficult for consumers to complain,” a spokesperson says. “We receive a lot of inquiries from people unhappy with their experience with the DVLA, but the vast majority haven’t approached us via their MP, so we have to redirect them, which whittles the numbers down a lot. We’ve been campaigning for years to make the process easier, and welcome the government’s proposals for a single public service ombudsman.”
  19. Hello, hoping someone can give me a little advise on what I can do My ltd company was wound up 3 years ago, I had given a personal guarantee on 2 loans. 1st loan 2nd charge on my house I live with my family (approx £20,000 still outstanding) 2nd loan full security on a small flat that I inherited from my parents(approx £35,000 outstanding) the payment rate on the loans before company liquidation was £430 and £270 per month. I have recieved a calling up notice and I have my solicitor at negotiations with debt agency, I am unable to raise any funds as i am not working at the moment - I filled out income and expenditure forms and even included my husbands income on the form (even though he played no part in this loan/garentee nor is he on title deeds of property), after bills there was £100 surplus, I knew this wouldn't be enough for them so we removed what we considered to be "luxury items" from the income/expenditure ie haircut/clothes/kids trips etc I offered Lloyds £450 per month and they have refused - they want me to pay £1400 a month even though they know that there is no way on earth that I could pay that kind of money , my solicitor wrote again explaining the situation and even said that as soon as i find employment that I will notify them to increase the payments. but they say no, they say they have full security for all debt with the flat and want to force a sale unless I pay £1400 My question is: would a court force a sale even though I have made offer of £450 per month to pay this debt? should I just start paying the £450 a month even though they said that they wont accept it? I know the company failed to pay so that onus is now on me to pay it but surely they cant just sell the property when im willing to pay them back? The company was paying £700 a month when it was trading, it seams really unfair they are pushing me to pay £1400 Please help me, Im not sure what on earth to do and really dont want to goto court
  20. The horrible truth, the whole horrible truth and nothing but the whole horrible truth:- http://www.lawgazette.co.uk/5049010.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ260515
  21. Hi need some advice please I had a 82.00 parking fine that I didn't pay (stupidly) I was unemployed for over 4 months had letter from marstons with 70 fees on top. Seeked advice from cab and Baines & Ernst , emailed marstons to offer £5 a week repayment ignored! Then got a 2 nd letter from Marstons debt now 397, which I rang and complained as to why they didn't accept my repayment offer to which they replied was withb bailiff!!! And to speak to him which was a waste of time he wants all the money... I'm now working so I paid my original fine of 82.00 via website which I was suprised I could do So now a week later a baliff has been posted a FINAL NOTICE to pay £310 today Do I have to pay these fees?
  22. I am felling ill at the moment and i don't think i will be well enough to go to my Work Programme provider this week.I have job search there on Monday,Tuesday and Thursday as well as a one on one appointment with my advisor on Wednesday. What is the process for calling in sick?
  23. Hi all again, I got a letter from CRS about a debt on the 20/12/2014. I've recently got a lot of phone calls to my parents house phone from them. I said to them "I request all further communication in writing" then hung up. I am still getting calls from theses people, and they said "I would need to send a letter to remove my number". Could anyone direct me to a template maybe? Many Thanks Andrew
  24. Hi, I contacted SHELTER SCOTLAND regarding Calling up notice in Scotland and they gave me a very good information .Below i have paste the information from Shelter Scotland for fellow Scots who's been threathend Repossession by the Bank. Dear .............. Further to our telephone conversation I have the following information for you. I note that you wish to challenge a Calling-up Notice on the basis that RBS have so far failed to provide you with a breakdown of the money due by you. There are two legal provisions to consider at this stage. There are two legal provisions to consider at this stage. Firstly, under Section 19(9) Feudal Conveyancing and Reform Act 1970, upon receipt of a Calling Up Notice, a debtor may request a ‘statement of the amount as finally determined.’ This must clearly be in response to the debtor having received the Notice, as opposed to a general request for information, Bank of Scotland v. Flett 1995 SCLR 591. The creditor must respond within one month from the date of serving the Calling Up Notice (s19(9). Should the creditor fail to comply with the request, the Calling Up is of no effect. Should they provide the statement as requested and within one month of service of the Calling Up, the notice will take effect. The debtor nevertheless has the opportunity to attend court or be represented, and she may have a Pre-Action Requirement defence as follows:- It is also possible to raise court proceedings for suspension of a Calling up Notice, however this would be where the existence of the debt is disputed and not for a dispute as to the level of the debt, and the breakdown of the various component parts- interest, charges etc. Secondly, under Section 24A(2) of the Feudal Conveyancing and Reform Act 1970 which covers the Pre-Action Requirements creditors are now required to provide the debtor with clear information about:- (a)the terms of the standard security; (b)the amount due to the creditor under the standard security, including any arrears and any charges in respect of late payment or redemption; and ©any other obligation under the standard security in respect of which the debtor is in default. The Applications by Creditors (Pre-Action Requirements)(Scotland) Order 2010, Article 2 states that (2) In providing the debtor with clear information for the purposes of section 5B(2) of the 1894 Act and section 24A(2) of the 1970 Act— (a)information about the terms of the security must include a description of the nature and level of any charges that may be incurred by virtue of the contract to which the security relates if the default is not remedied; and (b)information about the amount due to the creditor under the security, including any arrears and any charges in respect of late payment must be broken down so as to show— (i)the total amount of the arrears; and (ii)the total outstanding amount due including any charges already incurred. (3) For the purposes of those sections “charges” do not include any expenses for which the debtor is personally liable to the creditor by virtue of paragraph 12 of Schedule 3 to the 1970 Act, as read with section 11 of that Act(1). (4) The information required to be provided to the debtor by virtue of those sections must be provided as soon as is reasonably practicable upon the debtor entering into default. It is not entirely clear whether this requirement to provide clear information applies both before expiry of the Calling up Notice and after expiry. In any event, it would be advisable for you write to RBS or their solicitors requesting this information before service and after expiry. Should the creditor fail to comply with the Pre-Action Requirements the action would be incompetent. If you receive court papers you should take legal advice as soon as possible. Helpline Adviser T: 0808 800 4444 Shelter Scotland Glasgow Advice Service 1st Floor, Suite 2 Breckenridge House 274 Sauchiehall Street Glasgow, G2 3EH
  25. TL;DR Akinika calling and sending letters about DWP debt that has been repaid. Should I ignore, write and tell them to jog on, or contact DWP? In 1999 I was temporarily homeless, and got a crisis loan for b&b, food e.t.c. Was paying £10 a week back, then lost my job and was on jsa for ~6 weeks, they were taking a few quid a week out to repay the loan. When I got another job, I started paying back £10 a week like before. Last payment was sometime in early 2000. In late 2005, got a letter from DWP saying I still owed £82 and a bit of change. I did my sums and it seemed correct, so I sent a cheque. March 2014, started getting letters from CCS saying I owed DWP £68 for a social fund debt. First few went straight in the shredder, but after the 4th one I wrote back asking for proof. No more letters came. 4 days ago, got a call from Akinika. Refused to confirm any personal info as I didn't have a clue who they were. Now I have a letter from them saying that I owe £68, at the top it says the debt is to CCS, but in the body it says the debt is to DWP. They "intend to arrange a doorstep call by one of [their] home collection division and, with [my] agreement, discuss [my] outstanding account" and I have 72 hours to respond to the letter. They can discuss anything they want with my doorstep, but I don't think it will be much help I searched on here and read the akinika threads, so I'm not actually expecting anybody to roll up, and I know I did right by not discussing it on the phone, but what should my next step be? Do I write back? Contact DWP for clarification? Ignore altogether? I not only want to resolve the situation, but also find out why DWP passed my info to these mouth-breathers without contacting me first. I should point out that I have absolutely no records of either the original loan, or any repayments. I actually did have, but lost everything in the floods last year. No point getting historical bank statements either as I made all the payments at the jobcentre office, except that last cheque, but AFAIK because that was more than 6 years ago, the bank wont be able to provide that info.
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