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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • London1971
      247 Money - refused payment holiday & payment plan

      By London1971 · Posted

      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.
    • Ethel Street
      Backing out of mutual house swap

      By Ethel Street · Posted

      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?
    • abjb
      247 Money - refused payment holiday & payment plan

      By abjb · Posted

      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.   
    • jk2054
      Faulty Laptop returned for free fix - advised DPD house no. of neighbour/my safe space - left parcel outside - it was stolen

      By jk2054 · Posted

      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
    • NewsBot
      Record savers rushed to open Isas this April thanks to new rules and top rates

      By NewsBot · Posted

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Capital 1 Debt Defaulted, CCCS not helping

Sparkles100
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citizenB

citizenB

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SOrry to hear you are feeling down Sparkles. All you can do is keep plodding along, as the others have said. They are the ones that will look unreasonable should it go any further. :)

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Sparkles100

Sparkles100

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Hi All,

 

Just a quickupdate:

 

I received a threatening letter 3 days ago from Debitarse. They claimed that I had made no effort to service the debt or telephone them.

 

I sent a short letter ysterday:

 

I would like to point out a number of things to you.

 

1) I have been making payments on this account under a debt management plan through CCCS. Your comment that I “have failed to take any action to deal with the debt or call you” is not true.

 

2) I have requested on three occasions (two letters dated ....... and one dated ........., that all correspondence regarding this account be made in writing. I fail to comprehend why you are insisting on conducting business on the telephone. If you have anything to say in relation to this account, the professional approach would be to make these in writing. For the fourth time, please stop ringing me at unsociable times, or writing ordering me to ring you and take note that I am again requesting that all correspondence be made to me in writing.

 

3) Please refer to my letter dated ....., where I have made your company aware that I find your behaviour in regard to this account totally unacceptable and have requested that this harassment stop immediately.

 

4) In my letter to you dated ......., I made you aware of OFT guidelines relating to continued collection activity whilst investigating a reasonably queried or disputed debt. I made you aware that I was formally making a complaint and requested a copy of your complaint resolution procedure. You have chosen to ignore my letters.

 

5) I have acted in good faith throughout this process. I have a debt management plan in place and am making regular payments that I can afford. You already know this and yet you are continuing to harass me for payments that I am unable to make.

 

Please take notice that I will be contacting Trading Standards, The Financial Ombudsmen Service, The Office of Fair Trading, my local MP and OFCOM if this situation is not resolved. You have 7 days to respond detailing how you will address this situation to my satisfaction.

 

Yours Sincerely,

 

 

Funnily enough I havn't had a phone call from Debitas for a few days. Instead they have written to me demanding that I ring them and that this is my last chance...

 

Sparkles

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Sparkles100

Sparkles100

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I received a letter from another creditor in reply to the SAR letter:

"The information that you requested has now been ordered. Once these documents are ready they will be sent to you. If you have not received them in the next two weeks then please get in touch.

In relation to your request for information about any manual intervention on your account. As we are not required to record this information I am afraid I am unable to assist you further on this matter.

Sincerely,"

Can anyone advise if this is true?

Also seeing as the 12+2 days is up tomorrow, does this letter count as providing a response?

Thank you all,

Sparkles

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Alphageek

Alphageek

Posted
Posted

If they record any manual intervention in a relevant filing system then they have to provide you with a copy of the notes or whatever their intervention was as part of the SAR.

 

To be honest, I think it's best if they say there was no manual intervention. It helps you prove their charges are excessive bing as though they are completely automated.

 

The letter does NOT count as a response to your request for copy docs.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Sparkles100

Sparkles100

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Hi Guys,

I was talking to a friend of a friend yesterday and they had a few comments to make...

1) if you have been paid money by a bank, made use of the money and then made payments to service the debt, it is unlikely that if the creditor cannot provide a copy of the original agreement that this would stand up in court.

They are basically saying that as I have been paying off the debts, and that my ex made use of the money originally that that constitutes and agreement and a DCA would be fairly likely to pursue.

I have not been provided with the original agreement, 12+2 is up tomorrow, but I am worried about stopping making payments after this advice.

Any comments would be very gratefully received,

Sparkles

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babybear39

babybear39

Posted
Posted

Hi Sparkles, as you're in a DMP, CCCS are not likely to withold payment due to no CCA anyway. Is the ammount very much? In order not to fluster CCCS, personally I'd continue paying while waiting for the further calendar month to expire, then make a complaint straight away to Trading Standards and the OFT for breach of the Unfair Commercial Practices Directive and the CPUTR 2008.

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Sparkles100

Sparkles100

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Hi Guys,

 

I was talking to a friend of a friend yesterday and they had a few comments to make...

 

1) if you have been paid money by a bank, made use of the money and then made payments to service the debt, it is unlikely that if the creditor cannot provide a copy of the original agreement that this would stand up in court.

 

They are basically saying that as I have been paying off the debts, and that my ex made use of the money originally that that constitutes and agreement and a DCA would be fairly likely to pursue.

 

I have not been provided with the original agreement, 12+2 is up tomorrow, but I am worried about stopping making payments after this advice.

 

Any comments would be very gratefully received,

 

Sparkles

 

Hi,

 

Any other comments?

 

Sparkles

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jumpjet

jumpjet

Posted
Posted

Hi sparkles,

I suppose the best comment I could make to this is by example!

 

i have just heard from solicitors aking for CL finance in my other thread that they are dropping ththe case due for hearing 2 weeks time. They are dropping it and I quote " we have been in tough with the bank and it is true what you say that the account has been assigned for the wrong account number."

 

Now, this account is worth 3.5K to them. If they thought they had a hope in hell of geting a result at court the would have continued. All this has been going on since last december and I have been making payments to them via the cccs every month.

 

Another one was Cabot! They had no agreement...they wrangled for months....they went quite and then we had a letter out of the blue which said "We have taken an executive deicsion to wipe of the debt and we will not be passing it on to another company" this too was for £3200.

 

Again we had been paying them via dmp, After many months after CCA I wrote to them and said that they had no right to have been taking money on this account as it was in dispute and as they obviously did'nt have an agreement it was time they informed the cccs that they no longer wish to recieve payments, eventually they did. There are few others now that I am ready to use this ploy with and if that gets no response, I am now geting to the position where I can dump the DMP and pay only the ones who have agreements. ( Or at least thats the plan).

 

Its not just about the legal or moral duty to pay, but also about the tactics they have used. Your letters of complaint over time build up to a serious proof of thier breaches of the law and as such even if they think they can win at court, it is highly likely that they wont let it get that far because their actions would be proved to be unlawful. In admiting this they risk loosing thier licence to trade and wont risk it.

 

These methods do work and there are loads of people who have succeeded in at least getting some power back...and you will too! It just takes a long time!

 

Scampjet.

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Sparkles100

Sparkles100

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Hi Scampjet,

 

Thank you for the last message, it is really helpful to get this support, I can't thank you all enough.

 

Just a quick update.

 

I received a letter from Crap One today:-

 

TERMS OF YOUR CAPITAL ONE CREDIT CARD AGREEMENT

 

Thank you for your recent request. Please see overleaf for the current terms of your agreement with us.

 

For the rest of your terms and conditions, please see the enclosed leaflet (there was no leaflet!!)

 

If you have any further queries about the acount (you bet I do!!) please call our Customer Services Department on the number below (I don't think so!).

 

Yours sincerely,

 

Blah Blah

 

On the back is the current terms and conditions.

 

Interestingly on the back it states in the small print: 'The Credit Consumer Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not then we cannot enforce this agreement without getting a court order"

 

Obviously this is not the original agreement. So...what should I do next?

 

The 12+2 days was up yesterday.

 

Any suggestions please???

 

Sparkles :lol:

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maroondevo52

maroondevo52

Posted
Posted

Hi,

 

Wait a further 30 Calendar Days, they have that time to come up with it.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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havinastella

havinastella

Posted
Posted

Hi Sparkles,

 

Comment 1, your 'Friend' has NO idea, NO CCA, No Money.

 

IMO you are looking to far into this, I know it seems hard at times but it really is as simple as comment one, NO CCA, NO MONEY.

 

I would do as BB suggested, wait the full month and then stop paying them. If they try to collect after that time, hit them with everything you have, Trading Standards, OFT, FO, etc.

 

JOgs

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jumpjet

jumpjet

Posted
Posted

Hi sparkles,

 

I'm often is as unsure as you about acting on the of advice of CAG .........but if you follow and digest what is said and then read of all the people in similar circumstances, you realise that the outcome for them has been successful and there is no reason to assume that it won't be for you!

I would never have believed it was possible to fight these people, but slowly and surely I am gaining control again. As I said before, if you always look at the concensus of opinions and scenarios, you will be able to pick through which is the best solution for you.........it really does work!

And theres no better feeling than when you get your "little victories" .

 

Stick with it and you'll find the same! I don't know how much pressure is being put on you at the moment but if you have reached the 12+2 days stage, with any luck, things may start to get a bit quieter for a while now

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Sparkles100

Sparkles100

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Hi Everyone,

 

Thanks again for all the help and support. I thought I had better check that the document they sent is unenforceable as I would like to reply to them about it.

 

Cap1 credit agreement 1.pdf

 

Could someone take a look and let me know what I should do now?

 

PS there was no leaflet enclosed! They are useless....

 

Sparkles

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creditcardmug

creditcardmug

Posted
Posted

These are the prescribed terms of a current agreement, not your agreement, it doesnt have you signature, and therefore has no relevance at all IMHO

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Sparkles100

Sparkles100

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These are the prescribed terms of a current agreement, not your agreement, it doesnt have you signature, and therefore has no relevance at all IMHO

 

Thanks CCM, I agree totally.

 

I have been reading a lot of threads and HAvinastella documents responses to all the nonsense letters. I think that if this is to go to court eventually I should keep an audit of replying to them.

 

What do you think?

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Sparkles100

Sparkles100

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Golden rule number one: KEEP A RECORD OF EVERYTHING ;)

 

Hi BB,

 

Thanks for the reply. I am recording EVERYTHING...it is so timeconsuming but I am keeping with it.

 

I am planning to write to them and tell them that this is not an original agreement etc...will post the letter later I hope and just let them know that they have another ????? days before they are committing an offence.

 

Is there anything else I should be doing at this stage?

 

Sparkles

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babybear39

babybear39

Posted
Posted

Once they exceed the further calendar month report them to TS and OFT for breach of OFT guidlines and the CPUTR 2008. You don't have to wait for them to contact you and you really shouldn't be telling them their job as they know it ;) TS may take a little remindig though as the CPUTR is fairly new :)

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