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    • the dca is BCW - i haven't heard from them since early 2015, they wrote offering discounts etc, which seemed a strange approach straight off the bat  - this was when i told them i didn't acknowledge the debt, it was long-since time-barred, that i didn't believe that they had an enforceable agreement and they could either issue proceedings or bugger off.  I haven't heard a word since, via email or post, and assumed that my position had been accepted. I check Experian and Equifax every month, and was advised to check TransUnion for completeness, which is where it shows. If i make an SAR, is this likely to wake them up, or serve as an acknowledgment, or should I just wait until the end of the year when it would, i assume, drop off in any case?
    • I've looked up Multiple Encashment Fraud. When they put the chargeback amount back into my bank account, which they did the day I made the chargeback, I spent the cash over the next couple of weeks. I did this because I assumed I would win the chargeback due to the fact that I did everything required to win it. So me spending that cash, according to them is Multiple Encashment Fraud. They are saying I fraudulently made a chargeback so that they would put that amount back into my account so I could spend it, and basically rip the bank off.
    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
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carpfanatic

H L Legal/Scotcall/Capquest-The baliffs we didnt know !!

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......absolutely fabulous Letters.!!..........Werner M.

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:)

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Hi

 

well I did what was requested and sent the letters recorded,,I have not had anything back as yet so I will let you know when I do

 

regards

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I got this the morning off Capquest

 

""Please be advised that as you require subject access information the following is needed in order to proceed with your request

Cheque for 10 pound, admin charges record fee only written on reverse

 

Proof of ID like drivers licence and a document which links to your address.

 

We have placed your account on hold till dec 15th if we do not hear from you by this date your account will be passed to our collection dept for further action."""

 

It is now th 10th which does not leave much time can you advise

on the top of the letter it gives voda's account number.

 

best regards

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I also recieved a letter from Scotcall returning my letters and saying

 

Invalid Scotcall reference, unable to locate account by surname or post code

 

I sent them my name and address the only acc ref I had was H&L Legal

 

Any advice

 

regards

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Er... Capquest have sent you intimidating letters, you DO NOT need to send them proof of identity, they need to send you proof of the debt! Send the letter to the FOS as part of your complaint, it is NOT a SAR request but a request for info under the Civil Procedure Rules.... completely different kettle of fish.

 

They sent me a letter of 7 days notice of legal action back in August and nothing heard since, I think I might use one of the letters above on them!

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There is the possibility that all this lot are working for Vodaphone & that the debt has not been sold ...

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I have now had a letter from the FOS andthey say they cannot deal with the complaint because quote

"We can only listen to complaint regulated by the FSA or that have agreed volunterily to be covered by the FOS or services that are provided by businesses that are licenced by the Fair Trading for Consumer Credit purposes"

 

They also say get in touch with Credit Services Association as they may help

 

regards

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Well thats a really helpful reply. Contacting the mutual arslikhan organisation like the CSA is a bit like asking Robert Mugabe to investigate the ANC.

 

I have to say that I would trust Mugabe more than the CSA


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The FOS' response is totally unacceptable and they should be asked to explain why they are referring this matter to an association whose has not regulatory authority at all. If the FOS are unwilling to reply take the matter to your MP and get him to write to them. The FOS will find it harder, if not impossible, to refuse to reply to MPs.

 

In the meantime you should pursue complaints with each and every one of the cretin companies who have tried to extort money from you. These companies have eight weeks to sort out your complaints. If they don't then you can take the matter back to the FOS.

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All this is B.S.

You did not request a SAR from Capquest,they are skating around the pond !

 

Scotcall would know perfectly well your account reference too.

Looks like they have all collaborated.

 

The FOS have been very unhelpful also.

Capquest ARE regulated under the Consumer Credit act in their business.

Licence number 0475757 expires 06/01/2010

 

 

HL legal are regulated by the law society.

 

There have been clear breaches of guidelines as set out in the letters.

Now that they mention the CSA-there will be breaches there too under their own codes of practice-which then deems a breach of the unfair consumer terms regs 2008-failing to uphold a code of practice.

 

So Capquest seem to have ignored your request ?

Have you heard anything further from any of them since December 10th ?

I would wait and see what comes next and post again here.

They would be foolish to serve Court papers after your warnings to them.

Additionally they would be equally foolish to instruct further collection agents.

The FOS may be getting confused about the alleged debt and your complaint.

They are correct to state that your Voda account would not be coered under the Consumer credit act-that is not disputed.

However we are talking about breaches of rules and codes under OFT and FSA regulations.

The FSA is responsible for overseeing the fitness and integrity of traders,and the OFT and FOS report to these.

 

I would go and see your local trading standards officers in person and demand an explanation.

If they are not prepared to take up your complaint,then you could make a complaint to your local Government Ombudsman.....who I am sure they WILL be forced to answer to.

HL Legal should be reported to the Law Society without a doubt too.


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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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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Hi, They have just done the exact same thing to me- threatened me with people who are not bailiffs, but who certainly sound like them. Who will be visiting my home.

 

mine is over a capital one debt- i've paid £200 this month and they wanted the rest of the settlement (£233) but i just cannot afford it as i don't start my new job until next week.

 

i know this is illegal, but i'm still worried because these guys are unlawful jokers.

 

My letter says too:

 

'the doorstep agent is instructed to collect the full amount due and to compile a report to assist in possible further action.'

 

to avoid a visit, they want me to contact them by 28 august, to discuss my account, and they want 3 monthly instalments to clear it. I probably will do this because I am sick of this **** company bothering me.

 

Despite your letters, two years on they are still doing this.

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Just ignore their letters and threats. IF they send anyone, they won't be bailiffs and whoever they are just tell them to sod off, there is nothing they can do, they have absolutely no legal powers whatsoever. They have the same right to "collect the full amount" as a Jehovah's witness. Tell them to go away and shut the door, they are powerless.

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Hi, They have just done the exact same thing to me- threatened me with people who are not bailiffs, but who certainly sound like them. Who will be visiting my home.

 

 

 

 

to avoid a visit, they want me to contact them by 28 august, to discuss my account, and they want 3 monthly instalments to clear it. I probably will do this because I am sick of this **** company bothering me.

 

:mad:and this is what they want.

bombarding with threats to wear you down,try to scare you into paying,or just p you off so that you give in just to get rid of them.

 

you can not,as you say,nor should not be forced to pay more than YOU can.

 

can you give us more details?

you have many more options to deal with these muppets.


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Hi, well i'm with CCCS, but they can't deal with my renewed budget because my circumstances are about to change (new job and moving in 2 weeks) Crapquest have taken advantage of this by saying that as ccs will not confirm they have details of my income, by hassling me. i was supposed to pay a settlement figure of £300, but when it came down to it, i offered them 200 as i didnt have the money. They then rang me up asking me why i no longer had the money and what I DID with it! I was fuming. i told them i was on a DMP (CCS are still paying them £10 a month, but they are trying to bully me into a settlement figure.) i told them i was dealing with ccss and they let it go for a week. Then this letter arrived. They have just called, telling my housemate that they are DM company, asking for where i am, my mobile, and when i will be back!! How dare they disclose that? She knows anyway, but what if i didn't want her to know, or they called my work? I just want to pay them because I'm sick of the stress. No doubt when i move i'll have it there too!

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