Jump to content


  • Tweets

  • Posts

    • 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.
    • 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?
    • 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.   
    • 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
    • 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
  • 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

lowells/reds and a sd for old tsb bank acc.


chasin sunsets
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5643 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

Hi all, well, after waiting for, oh nearly a month now, finally got a letter with, very handy, all statements from a tsb bank acc. I didnt ask for this nor did i request a cca, all i sent was a prove it letter...the majority of the £800 is charges..

 

Do I now send a cca request as I can highlight all these and send them in to gt them reclaimed, I will owe maybe about £50...all this because of failure on the banks part to close the acc down..they kept it going and I was under the impression it was closed.

 

Red have dissapeared after a prove it letter being sent the same time as lovers....I mean lowers, u know who i mean! So any ideas or suggestions as to my nxt actions? Advice appreciated...

Link to post
Share on other sites

Guest Old_andrew2018

Hi

If its a bank account then don't bother with a CCA one will not exist, you would normally send an SAR, in you case there is no need, as you have all the information.

Simply send a request for you charges back this is a link to the first letter, http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html#post3489

 

You will need to modify the letter if you are reclaiming credit cards charges, also if your account was in fact a bank account be prepared for a stay.

 

Regards

 

Andy

Link to post
Share on other sites

  • 3 months later...

Hi all, I would appreciate some advice about these particularly nasty group. I believe, although cannot prove it, that they have been leaving messages with neighbours, called my parents to say I have a parcel and what are my contact details, now today, i have a letter off them saying within 10 days they will file a bankruptcy petition against me. the debt is for (allegedly) £800 ish.

 

They say it is under section 268 (1) (a) of the Insolvency act 1986. I believe this debt to be unenforcable, do I send a bogoff letter or request a cca?

 

It has been passed from lovem's duckfolio to these folks. I have to respond within 10 days. Any advice as to my next step would be appreciated.

Link to post
Share on other sites

They say it is under section 268 (1) (a) of the Insolvency act 1986. I believe this debt to be unenforcable, do I send a bogoff letter or request a cca?

 

 

Assume you have already CCA'ed this account, (you say it's unenforceable).

 

If so send Account in Dispute/Bog off.

 

Don't let them set the agenda by the way, (you have 10 days to reply).

 

If it's unenforceable, you don't have to do anything.

 

David

Link to post
Share on other sites

It has been passed from lovem's duckfolio to these folks.

That'll be passed from the desk at the coffee machine to the one next to the bogs then. Red and Lowells are the same people.

 

As saintly says does it state a bankruptcy petition or a statutory demand? Are you a homeowner?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

If it's a statutory demand you don't have to do anything until they issue it.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Ignore the 10 days the ...... you have 18 days from when it was served (when you received it... keep the envelope) to apply to have it set aside at court . Have a read of a few of the stat demand threads

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/155477-sd-receivec-post-day.html this one won just today :)

Link to post
Share on other sites

i have a letter off them saying within 10 days they will file a bankruptcy petition against me.

So they haven't actually issued one yet. They are just threatening you with issuing one.

 

...... you have 18 days from when it was served (when you received it... keep the envelope) to apply to have it set aside at court .

It doesn't appear to have been issued yet saintly so there is nothing to set aside at the moment. They are legally obliged to inform you that a statutory demand will be issued before they issue one.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

hi rory, yes, I jointly own a property with my fiance.

In this case then you most certainly must get the SD set aside when/if they get around to issuing one.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

What type of account is it e.g. overdraft, loan, credit card, etc?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Okay so they would be saying that the 800 quid is for an overdraft. In that case it's not really worth asking for a copy of the agreement as overdraft have part V exemption (form and content). The copy of the agreement would just be a letter from the bank.

 

When was the account last used roughly or an offer made in writing to pay the debt? If it's over 6 years ago then the account is statute barred.

 

I think it would be worth sending a SAR to Lloyds to see what charges are on the account. There are bound to be plenty of these and you can get a set aside on this alone. Also the debt needs to be at least 750 quid for an SD to be issued and I'm sure there will be more than 50 quid worth of charges on the account.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

I received a stat demand for an old Lloyds debt so I sent a CCA and they closed the file immediately as they couldn't come up with any paperwork. Only after checking some old documents myself did I realise they were chasing an overdraft :eek: So I got away with it basically (for now at least until some other DCA tries it on)

 

Bear in mind the original account was opened at the dawn of time and the OD facility was added around 2001? and the default was the end of 2004, I think this meant the paper trail had gone cold enough for them to give up quickly.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...