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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Disabled & Scared! Owe 20k to Halifax!**WON** DISCONTINUED AND WROTE OFF


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Okey dokey... when you first log in at the top of the page where you log in, you will see a small heading 'private messages. You should be registering 1 unread message. That is me sending you the copied letter without the blue background. You just have to open that message and copy and paste as you would normally,.

 

Give my regards to Mrs HP when you see her next. :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thank you-got it okay.

 

She has asked me to send to the Care manager at Halifax-is this correct? Do I send a copy to the debt collectors aswell? Do I send by recorded delivery or 1st class?

 

Great. :)

 

Send to the Care Manager at Halifax by Recorded Delivery.

 

To the DCA, send a copy and mark it as such, perhaps add a note saying. Dear XXXX please find enclosed a copy of a letter I have sent to Care Manager at Halifax today.

 

This copy letter you just need to send by first class post. I would ask at the post office for a Proof of Posting. This is just a receipt for your letter and they will put the name and address of the person you have sent it to on the receipt. Keep it safe with the Recorded delivery slip for the Halifax. It wont give you a proof of delivery, but it will prove that you HAVE sent it. :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am pleased I could help. :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

Morning!

 

Just to say that I have had no more phone calls or letters from BOS. I did receive a letter from Halifax saying that they had not received the letter from my GP. I did send by RD but have checked and it wasnt signed for, so will send another one today. Should I just use their pre-paid envelope and state that I have previously sent one?

 

Thanks

HP

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Good morning :)

 

If you can afford it, send it in their prepaid envelope but use special delivery which is guaranteed next day delivery.

 

 

By using the prepaid envelope the post office should knock of the price of a first class stamp :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for that. Will get OH to send in the morning.

 

Have just had a text message on my home number to call -01903-704308. I have googled and has come up with Gothia Debt Collection Agency. They have asked me to call them with a ref number which they sent in the message.

 

I dont know of this company....can anyone tell me who they work for or what debt they normally take on?

 

Should I call them or will they write?

 

Thanks

 

HP

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Thanks for that. Will get OH to send in the morning.

 

Have just had a text message on my home number to call -01903-704308. I have googled and has come up with Gothia Debt Collection Agency. They have asked me to call them with a ref number which they sent in the message.

 

I dont know of this company....can anyone tell me who they work for or what debt they normally take on?

 

Should I call them or will they write?

 

Thanks

 

HP

 

Hmmm, dont know them. Will do a google and get back to you on that. DO NOT phone them. :D

 

LOL, BabyBear got there first:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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DO NOT CALL THEM, wait for them to write and them send them this excellent letter by CB. You will have to amend it slightly:

 

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***DCA*** and has been since ***Date***

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully,

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As far as I know - the worst that can happen is that if you refuse to pay - they will take you to court for the money and ask the judge to enforce payment - meaning that your assetts would be seized - but let's face it - no judge is going to enforce payment from someone in your situation. You will offer a fiver a month and that will be accepted. Don't worry!

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Morning!

 

I have this morning received another letter from Halifax in reply to the letter I sent about the CCA not being enforceable.

 

Firstly the apologise for any additional distress or inconvieance I may have experianced in reaching a positive resolution to my complaint:confused: and they are sorry to hear that I still remain dissatisfied with their service. They received my letter on the 24th June 2008 and this letter is dated the 12th July 2008.

 

They have stated that they have sent a true copy of the signed agreement along with the T&C's and this validates the debt I owe them. It also states that it is evident that since signing for the card that spending has indeed taken place to which I have counteracted with repayments of the amount borrowed. On these grounds I have accepted responsibility of the debt and are therfore liable for any remianing balances. Also the bank is obliged to follow procedure in relation to outstanding arrears on my account.

 

They confirm the debt has been passed to BOS on 12th May 2008 and the last payment on the account was 28th March 2008. I have to contact Blair, Oliver & Scott on 0870 2405138 to agree an affordable payment term.

 

They apologise that I have found the need to complain and hope that this letter clarifies the issues I raised with my last letter.

 

What do I do now???? I am tempted to just contact BOS and arrange a low monthly payment as I just dont have the energy to keep doing this. It is my debt afterall and am willing to pay it, its just that I cant afford much each month.

 

We are going away for a few days next week and have my last round of chemo on my return. I am just worrying constantly and am sure its making my health worse.

 

What should I do next?

 

Thanks and sorry to keep burdening you lot with this.

 

HP

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I suggest you write to BOS with your proposals. With your letter I would also send a cheque for the amount you propose as an indication of your intent, stating in your letter that you have included a cheque for the first month's payment. It's then difficult for them to refuse it.

 

Do NOT telephone them - especially on a premium rate number.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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If you offer them anything at this stage make sure you include in your letter that you're paying under duress to relieve the stress and anxiety they're causing you. You should also question them as to why gothia have contacted you, and not BOS as they said they were passing to them :confused:

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Hiya HP,

 

I am sorry to hear that Halifax have continued to give you such a hard time.

 

Throughout this dispute with the Halifax you have never denied you owe the money and their treatment of you is just too disgusting for words.

 

As BB has suggested, if you are finding the stress is detrimental to your health then make Halifax aware of this.

 

You know how much you can afford. If this were me in your position I would write a letter along the lines of. Jiggle it about so you are happy with it.

 

"Dear Sirs,

 

It has never been my intention to avoid paying a debt I legitimately owe. I requested a copy of agreement to which I am entitled to do, but rather than provide this, Halifax has proceeded to use agents in the form of BOS to bully and intimidate.

 

If my circumstances were different, I would be inclined to take this further. However, Halifax are well aware of my health, this has been confirmed to you both by the Citizens Advice Bureau and my GP.

 

Your recent standard template type letter confirms to me that you are not prepared to treat me as a human being and I no longer have the energy or the will to waste what precioius time I have fighting you.

 

Please note I will not under any circumstances phone your agents, be they BOS or Gothia. I require all correspondence betwen us to be in writing, that way I can prove in the event of any legal action by you or your agents, my attempts to bring this matter to closure.

 

I enclose my I&E and a cheque/postal order for the amount that I can afford. This amount will be sent each month. Please be good enough to advise in writing to whom this is to be sent in future.

 

Yours...

Edited by citizenB
missed a bit out. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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