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    • SkintBadger
      Being Made Redundant . Help lots of debt

      By SkintBadger · Posted

      Thanks Badtimes123, yep I've had a good read. I'm still worried about the de-forestation which might be sent to my folks' address. They are so old and fragile it could destroy our relationship.   I've got no fear of DCA's but my parents' are old school and do.   I've read around the site, there is no answer. I shouldn't have got myself into this position to start with! But I did. I own it.   Can you tell me - direct question please - if I change my TSB account to my sister's address in Spain will that stop anything attaching to my parents/my address in UK?   Appreciate your answer please.   SB    
    • Brodiedog
      Sold car to a dealer, DVLA now are fining us for non sorning it and tax to date, even though the dealer has resold it and according the the gov.uk website, someone else has taxed it

      By Brodiedog · Posted

      Basically as the title says.   My son owned a car, and due to splitting up with his girlfriend and having to move etc, he decided to sell his car to ease his finances. Having arranged it with the dealer, at the very begining of Feb 2022 (this year) he drove the car there, I drove my car there and we met at the dealer. The car was sold, the V5 logboog was split, both parts were filled in, our half was signed, put into an envelope which was addressed, I had some stamps in my wallet and on the way home we posted it. As far as I im concerened and aware, our legal responsibility has been fulfilled and we just wait for the letter to come confirming the car is no longer registered to us.   The next correspondence we got posted to his ex girlfriends address where he used to live was dated the 14 march, we got it a few days later, which was headed FAILURE TO TAX VEHICLE telling him he was being fined £80 for failing to either tax or SORN the vehicle and giving him a number of ways to pay and/or inform them he no longer owned the vehicle.   I rang the DVLA on the number on the letter and was met with a flat response that the only option was to pay the fine, they were not prepared to discuss it and as I was not ringing them to pay the fine, they ended the call. I rang again on the DVLA customer service number that I found on the internet and a spoke to a lady who told me that there has obviously been a mistake, although it was my fault for doing it by post instead of doing it online (Im 55, it didnt even occur to me that you could do it online, ive always registered or transfered cars by post ever since I learned to drive when I was 17). She advised that we filled in the back of the form where there was a statement box where we could state the car had been sold to  dealer and we had posted the transfer slip and that once they recieved that it would be resolved.   So we did exactly that, explained we had posted the registration slip and the car had been sold to a dealer and posted the form off.   The next letter we recieved posted to his ex girlfriends house, was dated the 30 April 2022 It states the following:   Dear Mr xxx Thankyou for your recent letter. The information you have provided us will be used to update our records and you should recieve an acknowlegment letter. While you may no longer be the keeper of the vehicle, we did not recieve notification at the relevant time and therefore as the registered keeper, you are responsible for licencing the vehicle or making a SORN. It is not a valid defence to claim that you allowed a motor trader or other third party to notify the DVLA of disposal and any acknowledgement letter we issue after the commencement of procedures will not be accepted as mitigation. Consequently you remain liable for the £80 penalty. Furthermore the arrears of the vehicle duty to date remain outstanding.   Then there is some information on how to pay.   When we filled in the previous form, at no point did we ever claim that we had allowed anyone to notify the DVLA on our behalf. We posted the correctly filled in registration slip, in a main post office letterbox, on the way home, and stated exactly that in the statement box on the back of the previous letter so I dont know where that claim has even come from.   I rang the telephone number on the letter and spoke to an extremely rude lady who literally told me either I was going to pay her the money or she was going to end the call, and then she did exactly that while I was mid sentance.    I spoke to the car dealer who told me that the car had been sold on to a new owner, the same month that my son sold it to him (Feb 22) and we checked the gov.uk website where it shows the car as currently taxed (which one must assume is by the new owner). So I rang the customer service number again and spoke to a very helpful person who explained to me that the car was still registered to my sons name and confirmed that yes he was still responsible for the current vehicle tax as well as the fine for not declaring SORN or taxing it. I explained the situation and he looked at the vehicle records for me and agreed that an attempt to register the vehicle by someone other than ourselves in Feb, however the registration and payment was rejected and so in his words, "the ownership of the vehicle 'reverted' to my son and so he remains liable as the registered owner". I asked if our conversation could be logged and he told me that wasnt possible, no notes or record of our conversation could be added to the case, it would never be possible to update or amend any information or even record the fact that I had telephoned in and spoken to anyone. So he then advised me that the only possible course of action was to request an appeal pack, fill in the appeal forms with any new information and take it from there. I asked if he could please send the forms to our correct address as it was a 45 mile round trip to his ex girlfriends house each time to pick up the letters, at wich point he said he could no longer speak to me or send me any further correspondance as they could only correspond with or speak to a person who lived at the registered address. And he basically ended the phone call.   SO going on the fact that he just told me there was no possible record of the conversation we had or that Id phoned in, I rang back, used my sons old address and got an appeal pack sent.   I now have this in front of me and it states very clearly that only any new evidence that I can supply will be considedered, any evidence or statements previously considered will not be accepted.   Ive got until the 9 of next month to get this letter sent, ill do it by registered post.   Please help with any advice. This is an appauling way to to be treated and it looks like we are going to ahve to pay a fine and backdated tax when we have done nothing wrong. Talking to the DVLA is like banging your head against a post...   Many thanks in advance for reading this long ramble and any advice given   Nick  
    • honeybee13
      Bailiff breaking into wrong address

      By honeybee13 · Posted

      Hello, welcome to CAG.   Could you tell us a bit more about the sequence of events and how the confusion happened please? People should be along to advise later.   Best, HB
    • SkintBadger
      P2P Loan CCJ - claimant now has 3rd party order freezing my account - help

      By SkintBadger · Posted

      fair enough - apologies again. Something doesn't smell right, like someone who can't be bothered to read law books and just hits up online.    Been there done that!     SB
    • Badtimes123
      Being Made Redundant . Help lots of debt

      By Badtimes123 · Posted

      Hey SB   Did you make that large drink and have a good read up?   Re-read your thread, everything you need is in here already, try not to complicate things just now.

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swift49

By swift49,
in Welcome to the Consumer Forums

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swift49

swift49

Posted
Posted

Hi everyone,

 

This site is great!! I've been reading over a few of the threads over the last few days after coming across it on google. I've learnt so much already.

 

My wife and I have been battling with dept, ruthless collection agencies, court action, bailiffs etc for as long as we can remember in fact over a decade since we originally got into dept back at university.

 

We we're really starting to give up, feeling that we would never get out of this trap but finding this site has given us a new fighting spirit. It's so good to know that there is a community out fighting back and supporting each other. Its so good to know that we are not alone.

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callumsgran

callumsgran

Posted
Posted

Hi swift, welcome!

Have a good look around the site and familiarise yourself with it

Then when you want help with anything specific post in the relevant department

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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SOD'EM

SOD'EM

Posted
Posted

Here is a couple of links to get you started swift, before you start your thread;)

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/

 

 

 

 

 

If you find theses helpful, please click on my scales to the left and leave a short comment.

 

 

Thank You

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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MARTIN3030

MARTIN3030

Posted
Posted

Welcomes echoed Swifty-good to see you here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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swift49

swift49

Posted
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Posted

Thanks for the welcomes guys,

 

I'm just doing a bit of thread reading to get me up to speed to start off with. I have a few issues which i'm sure you guys will be able to help me with so will be starting a few threads shortly.

 

Thanks.

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swift49

swift49

Posted
  • Author
Posted (edited)

Hi Guys,

 

I've sent a number of CCA's off to a number of the DCA's who are currently harassing me. There are a few who I believe are acting on debts which are unenforceable. There is also one which I believe may be currently statute barred. What kind of response can I expect to get from the CCA's? Also, what kind of response should I give back if I’m not provided with the information requested in the CCA?

 

There is one DCA in particular which I am currently struggling to maintain the instalment amount which they dictated to me.

 

It is with DLC (Direct legal & collections). Originally, the finance was provided by VW finance for the purchase of our car. We ran into problems late last year and fell behind on our monthly instalments. Unfortunately, the account was passed onto DLC and VW now refuse to discuss the account with us. I'm guessing that DLC may have bought the account from VW.

 

Once the account was passed to DLC they forced us to pay off the current arrears. The car was really needed at the time as I used it to commute to work so by off-setting a number of other priority commitments we managed to pay off the outstanding areas.

 

From there, DLC forced us by harassment to pay £500 a month to stop any further action. Our original credit agreement was only £344 a month, but they still insisted that we pay £500 a month. Being naive we complied with this and they said that they would review the account in 6 months with a view to reducing the instalment amount to what we were originally paying.

 

We kept to the £500 instalment amount for the 6 months seriously neglecting our other obligations. Then after 6 months we asked them if we could reduce the monthly amount which to our surprise they replied NO!

 

We are now really struggling because of the missed payments to our other commitments and have missed the last payment to DLC.

 

They have not contacted us about this but we have just sent a CCA to them as we have no idea if they have added any charges to our account or where the payments we have made have gone to.

 

Most likely, they will be able to provide the CCA. If they do, we want to negotiate a reasonable instalment amount that we can comfortably afford without neglecting our current obligations. Is there a template anyone could recommend for us to do this?

 

I believe we have paid off approximately 2 thirds of the outstanding balance and are actually ahead of the original payment schedule we had with VW!

 

If anyone could suggest what we should do when we get a response from them that would be much appreciated.

 

I’m sorry for the long post and thank you all for all your help.

 

BTW. Would it be better for me to post this in another forum?

Edited by swift49
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fedup74

fedup74

Posted
Posted

If your looking to see if there are charges on the account and what has been paid off you should send an SAR. Same as CCA request- special delivery, no signature. They would have to give you all the information they hold on you from credit agreements, telephone conversations etc etc.

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

Dear Sir/Madam

Account No

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to credit cards. Please supply me with a complete list of transactions and charges relating to my history with your organisation. Alternatively a complete set of statements for the account and associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have with your organisaton:

Full copies of all contracts which you believe exist or have existed between myself and you organisation including true signed copies of any documents you hold in support of the same.

-A complete list of all transactions or statements and charges relating to my credit card accounts.

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

-Full copies or transcripts of any correspondence information, postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial details which pertains to me.

-Where any previous information or records held have been deleted or disposed of, the methods used to do so including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration signed by an authorised member of your company confirming the dates and methods of destruction of this data.

-Full hard copy printouts of my personal information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices/ locations.

I enclose a postal order in the sum of £10 to cover your fee.

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

I look forward to hearing from you in the first instance of receipt.

Yours Faithfully

 

They have 40 days to comply with your request. The one you think may be stat barred- when was the last time you paid or acknowledged it?

Don't worry about posting here one of the mods can move it if needs be:) Good luck

 

 

 

 

 

 

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<<<If I have helped please tickle the scales;-)<<<

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swift49

swift49

Posted
  • Author
Posted

Thanks for replying Fedup. Do you think I shold wait for them to respond to the CCA first before sending an SAR?

 

Also, the account which I believe may be status barred i'm sure I haven't had any dealings with for at least 6 years. The agreement was originally made aprox 11 years ago now.

 

Once again thanks for your advise.

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SOD'EM

SOD'EM

Posted
Posted

Hi swift,

 

if you think there has been no correspondence whatsoever in the last six years then just hold out for the CCA. If the debt is now Statute Barred, you would just be wasting the £10 you need to send with an S.A.R - (Subject Access Request).

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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fedup74

fedup74

Posted
Posted

Dear Sir/Madam

Reference number

You have contacted me regarding the account with the above reference number which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 "An action founded on simple contract shall not be brought after the expiration of six years from the date on which the course of action accrued."

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "It is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period."

The last payment of this alleged debt was made well over six years ago and no further acknowledgement or payment has been made since that time. Unless you can prove evidence of payment or written contract from me in the relevant period under section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "Continuing to press for payment after a debtor has stated they will not be paying a debt because it is statute barred could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970."

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply.

Yours Faithfully

 

Hi swift here is the Statute Barred letter should you get any more correspondence from them. It is up to them to prove otherwise. (Ta for rep:)) Good luck

<<<If I have helped please tickle the scales;-)<<<

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swift49

swift49

Posted
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Posted

Hi Fedup, Sod'em, great names by the way :). Once again thanks for the advice. It looks like the best way forward is to wait for their response from the CCA and then send them the letter posted by Fedup.

 

Cheers again guys and good luck with your S.A.R. NRTGUP.

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swift49

swift49

Posted
  • Author
Posted

Hi Guys, I need a bit of help. I received a letter today from one of the the DCA's who I've issued a CCA too, saying the following:

 

"Thank you for yo letter dated 25th November 2006 regarding the above account. I can confirm and advise the following:

 

1. Hillesden Securities T/A direct & legal & collections are an agency collecting on behalf of our client, Volkswagen Financial Services UK Ltd.

2. Your request for information under the Consumer Credit Act 1974 is required to be made directly to the client that legally owns the above account; Volkswagen Financial Services UK ltd.

3. Please forward your request to Volkswagen Financial Services UK Ltd and they will respond to you."

 

The also returned my £1 postal order

 

I thought that the DCA acting as the agent recovering a debt on behalf of an OC was also required to provide this information by either requesting it from the original OC or from their own records.

 

What would you suggest I reply to them with regarding this? Is there a template that anyone could recommend that I can base my reply on?

 

Thanks for all your help.

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notreadytogiveupyet

notreadytogiveupyet

Posted
Posted

What ive done, rightly or wrongly, but there you go.......... is sent a full request, charge and all to the owner of the debt, in yuor case vw group and sent a copy of the request to the debt collector with a letter, just saying for your information this request has been submitted..........

 

Mine was to my mortgage co and their solicitors, so I dont know if it will get me anywhere but we shall see........

 

Just resend yours to the corres. address for the loan company.....They "should" know what charges are being added, they instructed them afterall.....

 

As for their correspondance to you, surely they should be able to give you the information from their end.........

 

FedUp74, are you around? What do you reckon?

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SOD'EM

SOD'EM

Posted
Posted

Swift,

 

I would send the DCA a letter telling them that the account is in dispute and you would be grateful if they would stop asking you for the money. If they cannot supply you with the information you asked off them, then they should have no right to ask you for any money.

 

Just my opinion by the way

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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fedup74

fedup74

Posted
Posted

Hi swift, they are talking through their posteriors as usual. You have made a perfectly legal request, they are collecting money on "Their clients" behalf. If tthey are asking you for money, they need to supply your agreement. File this under ignore, your account is in dispute. Don't send VW a request, you've done your bit. Moorcroft done exactly the same with me- please request agreement off original company. I knew I had made my request and as they tried to pass it on, I ignored theirs. They decided to pass it back to original company and I've heard no more off them. Is their time limit up yet? I would wait for that to pass, then see what gems they send you and then whack them with Account in Dispute letter. This should shut them up:D

<<<If I have helped please tickle the scales;-)<<<

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