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    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
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HFC/Weightmans Advice


mazel01
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It seem the left hand doesn't know what the right one is doing with regards to HFC and weightmans.

 

Could you not contact HFC by letter requesting the outstanding balance figure? That way at least you know what you owe from the horses mouth as it were, and maybe at the same time send a token payment as Rory suggests telling them that you have very little disposable income and that is all you can afford at this time, you could also include a statement of means showing just how little income you have to play with.

 

At least it shows willing and if it does come to court the Judge will at least see that you are prepared to deal with the issue with the limited resources you have.

 

Hope this helps

 

Mick

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Hi mazel01,

Dont worry sbout the amount, i have had 4 different values of my loan, all of which are wrong, when you get yoy SAR back it should state on that info, you could also send away for you credit report as this will show you what balance the loan has left. I,ve just started on weightmans and they want new info on me and said that i owed £37,000 which calculates to 3.5 x the original loan amount with PPI at nearly £5000, make sure your SAR is exactly what it is supposed to be as what they sent me was basically a list of telephone cal logs, they are basically refusing to supply me with SAR so after the ICO i'm goig to court....i cant stress enough....IF YOU CAN GET THE CORRECT INFO then you can apply your defence....If you cannot get the requested information they are legally abliged to give you then you can file an order through the courts and claim comp for non-compliance of SAR regarding PPI.

 

Chin up bud, and keep your wits about you coz they are b*****ds.

 

Regards Gordon

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Please could someone help me on this, I am shaking like a leaf...

 

Received letter from HFC this morning enclosing statement of account but no other information although I SAR'd them.

 

Also received a letter from the courts via Weightmans that they have started legal proceedings against me.

 

I was fuming so I rang Weightmans and spoke to someone who said that they were entitled to issue legal proceedings against me. I told them that I had only received a part answer to my SAR from HFC and the account was in dispute. She said well thats nothing to do with Weightmans we can issue proceedings when we want to and have done. I said thats totally incorrect & illegal what you have done.....she said no HFC haven't told us that the account was in dispute so therefore we have issued these proceedings......after 20 minutes of talking to a brick wall I slammed the phone down......

 

PLEASE HELP I AM SO WORRIED & STRESSED!!!!

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Forgot to mention, when I rang Weightmans, I only gave my account number & they started talking about my account.....

1) The first guy I spoke to only asked me for my account no.

2)Then he put me through to someone else, who again didn't ask me for any personal details

3)Finally he put me through to the head of the dept, again no personal details were asked from me.....

 

I thought that solicitors have to follow DATA PROTECTION????

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Hi Sequenci, according to Weightmans they have never been told that the account was in dispute and have sent me a statement of account..should HFC have told them that I had sent a SAR to them and therefore the account is in dispute until they provided me with this information. Weightmans reckon not, they say that they have an agreement in plave to issue procedings when they feel suitable????

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Oh, when I asked Weightmans on the phone why the figure they are claiming was totally different to the one on the statement from HFC. There answer was it should be the figure that was on the default notice that HFC sent originally....I am so confused:confused:

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Hiya Maz... got your PM :)

 

Unfortunately, HFC are not shy in issuing proceedings against people but there's plenty of good info. on some of the other HFC threads re. Weightmans and the tactics they like to use. Unfortunately, although you have disputed the balance and sent a SAR, the SAR won't have placed the account "in dispute" as such... only a CCA request will do that and since they you've said earlier that they supplied an enforceable Agreement.... the account is no longer in dispute through non-compliance. I assume this is why they've gone ahead and contacted Weightmans.

 

You say that HFC supplied you with a Statement of Account... what's the figure on there ? What was the figure on the Default Notice (if you have it available) ? Are they the same ?

 

You say that you've received a letter from the courts Via Weightmans... what do you mean ? Are these court documents or is it just a letter from Weighmans threatening court action ?

 

:)

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Hi Priority, the amount on the statement of account is £9200.

 

I have got 2 default notices:

 

1) Sep 06 - Outstanding balance =£9877.53

Less Statutory rebate allowance = £1893.86

Oustanding balance = £8415.99

 

2) Feb 07 - Oustanding balance = £17643.41

Less statutory rebate = £7898.75

Amount to be paid = £9744.66

 

The letter that I received said that legal proceedings have commenced and I would receive the court papers shortly.

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You have 2 Default Notices ?.... they can't default the same account twice.

 

If court papers have already been filed though, you're best to wait for these so that we can look at the Particulars of Claim.... and see the balance on there. I assume that there'll be a whack of unlawful charges on there as well.

 

Rory32/pt2537 (Paul)/tomterm8 (Tom) are the legal bods. that can help the most when things reach this stage.... so it may be best to PM one of them to look in on the thread at this stage.

 

Please try not to worry.... :)

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No... you cannot end (default) an Agreement twice. HFC did this to me recently and I made an official complaint. Under the circumstances, I would wait for one of the legal bods. to advise whether you should make a complaint about this now... or wait and mention it as part of your Defence.

 

I would be inclined to wait.... :cool:

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Did the default notices come from HFC or Weightmans?

 

I think it would be a good idea to send Weightmans a letter headed ACCOUNT IN DISPUTE outlining why the account is in dispute. Also make an official complaint to them. Send recorded delivery so that they can't deny that they received it.

 

While this may not stop them from filing a claim against you it removes any excuse that they were ignorant of any dispute and starts to build a case against them. Really you need to stop speaking to them on the phone - it is a pointless exercise and phone calls can always be denied.

 

If you need help with the letter let us know.

 

Try not to overly worry about this. If they file at court (this isn't a given as often DCA's will inform you that your account is being prepared for legal action when in fact it isn't) then you will have a good defence for any claim against you and they will be forced to supply you with all the account information including PPI and charges.

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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ACCOUNT IN DISPUTE

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my loan.

 

 

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ********* department and on **/**/**

 

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges and PPI. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

 

 

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

 

 

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

 

Yours faithfully

...

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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Thanks Rory. This is to go to Weightmans recorded delivery?

 

Weightmans said that legal proceedings had already commenced & the court papers will arrive within the next few days. So I presume that I ammend the letter you kindly posted above to mention that.

 

Also if they have already started legal action & I send this letter, can they still withdraw it?

 

Do I need to change 'banking code' in the letter to anything else or does HFC fall under that for a personal loan?

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This is to go to Weightmans recorded delivery?

 

Yes, although special delivery would be better if you can afford it.
Weightmans said that legal proceedings had already commenced & the court papers will arrive within the next few days. So I presume that I ammend the letter you kindly posted above to mention that.

Yes just amend the letter to reflect that.
Also if they have already started legal action & I send this letter, can they still withdraw it?

Yes they can withdraw the claim at any point right up to the actual hearing.
Do I need to change 'banking code' in the letter to anything else or does HFC fall under that for a personal loan?
No you don't need to change it. HFC subscribe to the banking code.

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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This matter has been discussed in correspondence with your clients ********* department and on **/**/**

 

Is this referring to the SAR that I sent HFC?

 

As you are aware, this account and the balance thereof is currently subject of a dispute.

 

Rory, when I spoke to Weightmans today, they said they were not aware of any dispute and hadn't been informed from HFC that there was one. I told Weightmans that I had sent in a SAR to HFC but had only received a statement of account back. Is it still ok to include this section in the letter?

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