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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
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1st Credit Advice Needed


bazza1502
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Following me around today 42man? ;)

 

I'll ahve a look at the other thread and have asked mods to merge the two.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Well today I received a phone call from 1st credit! they are really trying my patience now! I dont know what the call ws about as I refused to answer "security questions" and repeatedly asked him where he had got my phone number,does this constitute harrasment? I am reporting them to the trading standards on monday as they did not comply with my request for a cca within the prescribed time limits [it arrived 1month late] and the day after it arrived they began asking for money again, even though i have not stopped paying the original agreed amount! These people really are scumbags and I cant thank the people on here who continue to help people like me with advice, without it i am sure many people would go under. I am attempting to scan the cca they sent me but am having trouble making it small enough! When I phone the trading standards do I just tell them that 1st credit have failed to supply the cca on time and have therefore commited a criminal offence? or is there an official way of approaching this?

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Send them this recorded delivery:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

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  • 2 weeks later...

Hello guys, I have now received another letter from 1st credit, it reads, Iregret the above sum remains outstanding. We may now take legal proceedings against you. If successful it may result in; entry of your name in the county court judgement register making it very difficult for you to obtain credit in the future. Subsequent failure to make payment could result in enforcement action; An application to your employer for attachment of earnings.Seizure of your assets by a county court bailiff. Acharging order against your property. Now they are still taking payments from my account so i have not ailed to pay! They seem to have ignored the fact that they were a month late in supplying the cca and are now treating it as a new debt! What can I do guys? I have tried to upsize the cca but it keeps rejecting.

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Yep looks enforceable. You may however be able to reclaim the PPI if missold and obviously any charges on the account to reduce the amount outstanding.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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What i dont understand is they were a month late sending me the cca, does this not make them in breach of the law? Also i have not missed a payment in 5 years! If they can just send the cca when they want what is the point of having rules about the timescale? How do I go about getting the ppi or charges back guys?

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Well it's compliant.

Time to get a SAR into Abbey and find out exactly what has gone on regarding charges, etc.

 

As for 1st send them a dispute notice AFTER their next demand for payment:

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to unlawful and unreasonable charges. As such, therefore, I consider this account to be in dispute and no further action or payment shall be made until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

yours Blah

Be VERY careful whose advice you listen too

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I have today received a letter from 1st credit which states:I refer to your letter received today.

We have investigated your dispute with our client. They state that they have not raised any charges that have been declared unlawful and have not raised any charges deemed to be unreasonable.

We therefore consider the full balance outstanding to be payable and we consider we are fully entitled to take legal action should we choose to do so.

I note that you have never specifically stated which specific charges you considered to be unlawful or unreasonable. I am sure you will appreciate that you would need to do this if you are disputing the balance. I do not think a court would consider it sufficient if you simply state, I am disputing the total. Please therefore provide full details of the specific charges togather ith eveidence should you maintain that you have a valid dispute.

As regards to the oft case, no ruling has been made as yet. Therefore at this time no specific charges have been deemed illegal.

 

 

Is this a standard letter guys? what do I need to do now ? I have not received anything back from abbey yet, the letters only went out a few days ago,1st credit must have sent this reply by return post!

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