Jump to content


  • Tweets

  • Posts

    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS polled FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the and the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
    • Thanks ,DX, I'd forgpotton about that letter and can't remember sending a SB letter. I must have left it and they did not chase. Unclebulgia. Yes several periods of no contact. Think its time for the SB letter . 
    • well if your not going to upload documents because you are too scared of your data being stolen and someone rocking up to you we are going to struggle to help you peoples energy data breach has nothing to do with a hosting site...
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Nuthatch v HFC (Marbles)/Robinson Way


nuthatch
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5534 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have beeen advised to start separate threads for each of my debts.

 

I have been in a DMP administered by the CCCS for multiple debts on credit cards and one loan for 2 years.

Earlier this year I received a letter from RobWay to say they had bought my HFC Marbles debt and would be solely responsible for managing it.

 

I CCA'd RobWay and eventually received a bad copy of an application form. I have failed miserably trying to scan the document as it is barely legible but it is the same as other scanned images I have seen on CAG.

 

I would be grateful for advice on 2 matters.

1. Should I reply to RobWay using a letter from another thread?

 

2. Should I zero the amount on my DMP with CCCS so that no further payments go to RobWay until they produce the correct document?

Link to post
Share on other sites

I'd do both. If it's not legible it's not valid so tell them so. You will find that CCCS won't want to be involved in what you are doing but if the CCA is that bad I'd not be paying anymore.

 

Thank you twofoot. The document I have received is not a CCA, it is just an application form. I am just worried about stopping paying in case they turn up with the CCA and then decide to take me to court.

Taking me to Court would be a fruitless excercise as I am off sick following my husband's death in June. I find it incredibly difficult to put my thoughts together and make sensible decisions.

 

Before I look for a letter to send could someone tell me if I should send it to RobWay or to HFC? or both?

Edited by nuthatch
Spelling error.
Link to post
Share on other sites

The copy must be legible to comply with a CCA request. Write and ask them to send you a legible copy and the account remains in dispute until they do so. You cannot raise other issues with them for now as you cannot read what they have sent. As for the CCCS, they do nothing to help when a creditor starts pressurising for payment - they are financed by the banks. Nor will they be happy to zero an account balance because they don't like what they see as one creditor having preference over the rest and that is how they would see it. They are alright for taking the heat off when things start to get difficult but they are not a long-term solution to clearing debts. I came out of a CCCS plan last November, sent CCA requests to 12 creditors and not one of them had a properly executed agreement.

Link to post
Share on other sites

Thank you Pinky69.

I did ask my CCCS counsellor if I could try and negotiate F&F with my creditors and she said that was fine and just to tell her who accepted and she would remove them from the creditors list. I suppose the CCCS do not have to know the reason for removing a creditor or am I being silly?

I did not mention CCAing anyone.

I think I will be off work for some months yet so I was wondering about asking my creditors to write off my debts or trying for very small F&F. I could offer in the region of 30% at the moment but my debts are over £40,000. It was nearly double but my husband's debts have obviously been removed from the list.

I am receiving help dealing with his creditors on another thread I have started.

 

I wondered if the creditors cannot produce CCAs if I would be in a good position to offer about 20% F&F?

I know a lot of people on CAG say we should not pay if no CCA is forthcoming but I cannot face a long battle with lots of DCAs over the years.

At the moment, I am still trying to deal with my bereavement and think I need CCCS as a prop....although CAG is fast assuming that role.

Link to post
Share on other sites

They are unlikley to write it off. You could offer 20% but they will push for more, agreement or not. Be careful with F&F's. Make sure it is watertight in writing and that it's conditional on them removing all reference to the debt on your credit files. They advice is to pay through a third party as proof it is a F&F. I am personally wary of F&F's because DCAs are not above selling the remainder of the debt on so not getting more hassle is not gauranteed.

Link to post
Share on other sites

Thank you Pinky69.

I have been reading about the difficulties surrounding F&F offers.

The reason I have mentioned it is that my DMP payment (when my husband was alive) was £400+/pm on a combined debt of £70000+ but has now dropped to under £90 so my creditors are going to have to wait many many years to get their money.

My credit record is minus zilch but that doesn't worry me at all. I live in rented accomodation so no property for them to put a charge on.

 

I am on sickness and bereavement benefits now plus a small pension from my husband and my occupational pension.

Even when I get back to work and the benefits stop, I will still only be earning about £100 a month more than I am now but will have increased motoring costs.

 

I know this is just background info.

My first move will be to write and say the document is illegible.

Should I write "This account is in dispute" at the top and say it appears to be an application form and not a CCA?

Link to post
Share on other sites

Start your letter "I do not acknowledge and debt to your company" at the top. Tell them the application form they sent is not a copy of an agreement and is illegible. You require a true copy of a properly executed, legible agreement together with Terms and Conditions and statements as required by the Consumer Credit Act 1974 and until such times as your request has been fulfilled, the alleged debt is in dispute.

 

Don't acknowledge anything at this stage and if they do not produce an agreement, that gives you all the more bargaining power if you wish to settle.

Link to post
Share on other sites

I think RobWay are on another planet.

Had a letter today (don't know if it's in response to mine or as a result of latest DMP offer from CCCS) but it's dated 29.9.08 and says they agree to my offer to repay at £**/month. Then it asks me to make the first payment by end of June :confused:

Link to post
Share on other sites

Rob Way may well send you some bull about the CCA (you don't mention what it is for?) which is the time to envoke their complaints procedure and contact Trading Standards.

 

They WILL back off when this happens (or, at least, that is my experience).

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

Link to post
Share on other sites

Just checking it wasn't an overdraft (lots of people tell me that about 4 pages in, which doesn't help :rolleyes:).

 

In which case, they have no excuse.

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

Link to post
Share on other sites

I am amazed.

I have had a letter from RobWay in response to my "You have only sent me a copy of an application form" saying:

 

"Please note we have noted the dispute/query you have raised.

We will make the necessary enquiries and let you know the outcome in due course.

In the meantime we will stop all collection activity for this account.

Please let us know if we can assist further"

 

Is this the usual next step in the process or do you think they know they do not have the CCA?

 

Could you advise me whether I should cancel the payments being made by CCCS to this debt?

Should I just zero the amount on my DMP and tell the CCCS that I have come to an arrangement with RobWay?

Or is it better to keep on paying the debt via the DMP in case RobWay get a CCA from HFC?

Link to post
Share on other sites

They are in default - you can legally stop payments. You are entitled to tell CCCS to stop paying them.

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

Link to post
Share on other sites

Thanks tiglet. If (when) I stop paying and they then find the CCA, I can't really go back to the CCCS and ask them to add the ebt back on.

Sorry if I am being a wimp but I am still finding this scarey.

The worry about our debt was the contributory factor at the root of my husband's sudden death 3 months ago and I really hate these people.

Although I am sorting out his estate and having to deal with all that involves (meaning....no money) I don't know where I am finding the strength to now tackle my own debts.

 

I do apologise for checking and double checking everything I do.

Link to post
Share on other sites

If it gives you any confidence, last November I closed my CCCS account competely because their admin had become a shambles. I had 12 debts on my payment plan and I didn't know who had agreements and who didn't. I haven't paid a penny to a DCA since. Not one of them had a properly executed credit agreement and I only have one that pops its head up now and again to get shot down. The worst case scenario is that IF there is proper credit agreement, you tell them what you can afford to pay then pay it, even if they push for more - you are now in control of this. If you give them a regular payment, they are unlikely to take you to court as no court would ask you to pay more than you can afford and it wouldn't go down well if they wasted a court's time.

Link to post
Share on other sites

OK. Now feeling brave®.

GP has signed me off for another 2 months :sad: but I really need this time to get my head round my bereavement and the loneliness.

 

I will deal with one creditor at a time just to test the water...so to speak.

 

I am going to contact CCCS and tell them to remove RobWay from my DMP.

Should I just say to CCCS I have come to an arrangement with them?

Link to post
Share on other sites

Oh..WOW.

Emailed CCCS and asked them to remove RobWay from my DMP. I just said the account is in dispute as no CCA received.

I was shaking like a leaf when I saw the reply in my inbox which said no more payments to go to RobWay from October.

I cannot tell you how proud I am of myself.

 

Thank you so much to everyone on CAG for giving me the courage to do this.

I will tackle the others as soon as I gather myself again.

 

 

I have donated to the cause already.

Link to post
Share on other sites

Well done you - I still shake when I get letters or phone calls sometimes, and I've been on here nearly two years now!

 

The trick is not to mind that it makes you shake - there's nothing to fear but fear itself. ;)

  • Haha 1

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...