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    • Budget Star Limited   Registered Address: 26 Bridge Road, Saltley, Birmingham, England, B8 1TD   Company Number: 12819679   Company Status: Active   Company Type: Private Limited Company   Incorporated: 18th August 2020   Director: Mohammed Waqar   Companies House Link: BUDGET STAR LIMITED overview - Find and update company information - GOV.UK FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK BUDGET STAR LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual return...     Endole Link: Budget Star Limited - Company Profile - Endole SUITE.ENDOLE.CO.UK Budget Star Limited is an active company located in Birmingham, West Midlands. View Budget Star Limited profile, shareholders, contacts...    
    • Thanks. I did all that but I will try it again. Strange thing is that although the screen says it’s me, the user profile is my daughter. I will try again but reckon I will need to call them. 
    • Hi   It a bit late now as you have sent them a letter before action but I would have waited for their response to those questions especially number 1. and to clarify for you asking these question would not put you in the position of Mears implying that you agree the money is owed as this money for the Roof Repairs is in Dispute with yourself (Landlord).   I would wait and see what response you get from Mears.   Also have a good look at Mears website and see what other bodies they are registered with   In the mean time something else to consider sending Mears is a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase covers all data they hold whatever format they hold it in whether it be recorded calls, written, emails etc.   They then have 30 Calendar Days to respond to your SAR Request, this time limit only starts once they acknowledge your SAR Request.   If they completely ignore your SAR Request then you make a complaint to the Information Commissioners Office (ICO):   Your right of access ICO.ORG.UK     What to do if the organisation does not respond or you are dissatisfied with the outcome ICO.ORG.UK   Make sure and put it in writing and get Free Proof of Posting from Post Office   Note: a SAR is now Free there should be no cost involved due to the DPA 2018 & GDPR 2018   I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?    
    • Sorry I can't edit the post now meant to change it so that the Claiment is (lowell portfolio LTD)   I have done everything you have said already.   registered online on the GOV site, I have my date set already to file for defence which is 2nd February, CCA request sent off along with CPR forms recorded with postal order.   I have had a reply back already from Overdales sending me the same CCA information as last time.   All that is left to do now is file my defence online. Overdales no longer wish to respond to me unless I make payments. I will file my defence online Thursday next week. (my DO work)   post #6 has the CCA information overdales sent me as per post #20 if you could cast your eyes on the PDF document again they don't seem to have sent much and it's what they appear to be using in court.   Would you say that is enough info for them to use should it go that far? my defence is that they haven't supplied all the paper work to make and informed decision about the debt and they haven't complied with any S78 request or offered any explanation as to the missing documentation I have asked for it has left me in a position regarding payments to any debts up in the air because there isn't enough information regarding the debts.   Thanks   Again
    • name of claimant is not overdales - a solicitor representing a client cannot be the claimant.   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site Go to HMRC's login page. Click the GREEN sign in button. Click “Create sign in details” Enter your email address where asked. You will now be emailed a confirmation code. ... You will now be issued with a User ID for your government gateway account.  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant ...YOU MUST SEND A CCA REQUEST FOR EACH DEBT IN THEIR POC https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
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Hi everyone (we're not alone!!)


swift49
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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