Davey77 vs Capital One *** WON ***

[davey77]

Thanks jezzy. Nice of you to say.

 

If you give me a list of names of all your creditors i'll show you the links to the correct forum to post in and how to get started.

 

Pm me if you need help with that.

[Jezzy]

Much appreciated - will gather them together and post again !

[Gazza112]

Concratulations Davey nice one!!!!!!!!!!!!!!!!!!

 

 

Gaz

[angel_1]

:Dhiya Davey

 

VERY WELL DONE,,,,,

 

it shows what a bit more of a perserverance habit does for ya,,,lol

 

hope them chillies are growing okay

 

glad you have got this one dusted more of the same i hope now

 

take care going to play catch up not been on since last week

 

take care laters angel x8)

[davey77]

Thanks Gaz and Angel! More of the same to come eh! Determined to achieve my mission of being debt free before the year is out.

 

Yes 49 chilli plants, 28 peppers, coriander seeds, tomato, courgette, spring onions and lettuce doing nicely!

[Jezzy]

Thanks Davey77

Decided to write it all down here instead of PM - so here is a quick rundown of our situation :

Myself - now on long term sick with chronic health condition (Myalgic Encephalomyelitis (M.E.))after having to close down both my businesses in Dec 07. Unlikely to return to work . Have 4 children aged 9 -16 yrs. In receipt of IB only + child benefit.

Husband - previously self emplyed upto end Aug 08. With economic climate unable to find more work and therefore unemplyed from Sept - mid Dec 08 during which time all business & personal finances were unpaid as he was in receipt of of JSA only . Now in permanent job rather than self emplyed .

We have had dealings with the CCCS who have guided us and prepared a financlal statement which has been forwarded onto all utilty & financial companies . We have many creditors some of whom have accepted

arrangements with zero interest and charges - good on them , but others are a real worry .

We now find ourselves in a stuation whereby our income has dropped by half and we can no longer pay our outstanding commitments as outgoings exceed income by approx £3000 per month . We are in a no-win situation.

Arrangements have been made with our mortgage providers (x2) and at present these remain priority , however we are still in a huge amount of arrears . At present I cannot see a way forward and would be grateful for any advice .

 

Here are the main causes of the sleepless nights .

 

1. Hitachi Capital - trying to gain charging order on property - we have just asked for transfer from Leeds county court to a more local one (cardiff maybe ) .Have also received B136 from Land Registry re: the same. This seemed like it was pre-determined from the outset as Hitachi- would never accept reduced payments (after husband lost his job) and we could not get /had no contact with solicitor acting on their behalf . (wouldnt answer our calls etc ) .The solicitors were Addlestone Keane solicitors .This debt is in fact for business/office equipment but agreement failed to have business name on it - so now it is solely in my husbands name . We have given a financial statement and asked filed an applic`n for suspension of warrant/variation order . Lots more info available as needed .

 

2. GE.Money / Link Financial - this is an unsecured personal debt (joint) . Many errors made by GE along the way all of which have been noted , in dealing with our situation ( loss of earnings Aug-Dec 09 ) . Debt was sold to LINK back in january . We defended part of the claim as we disagreed with most of the charges added during this time - and now have an N152 to complete as a result . In the meantime LINK have sent two different sets of papers offering a Tomlin order (both with differing amounts - but one more affordable than the other !) - the court have no info about them doing this either . I have catalogued the dealings with link and find them unwilling to help or even understand what we`ve told them . Do I try and pay the Tomlin order somehow or let the court decide ?? The amount of the debt is £4100 with charges by the way (£3400 approx. without ) .If I try and pay then others will have to go without and we`ll proabbaly end up having out gas or electric cut off !!

 

3.Inland Revenue/Tax credits - have managed to hold them off each time a letter arrives but eventually they will want payment . I have had awful trouble getting them to deal with our self-emplyed earnings correctly and each time I correct them they get it wrong again . as a result we now have an o/pmt of over £3000 dating back to 2002/3 and one of £2000 from current year . None of their calculations make sense and we cannot it seems qualify for anything based on my husbands current wages until april 2010 as they work retrospectively .

 

The whole thing is making my illness unbearable so some glimmer of hope would be appreciated . I totally agree this is a long post - thanks if you`ve got this far ! Feel free to move it to an appropriate place as necessary .

 

Cheers .

[davey77]

Hi Jezzy.

 

Sorry to hear about your illness. I know it seems like it's all happening at once but I've seen people get out of worse pickles.

 

A lot of the issues you have raised i am not that familiar with personally so would be my opinion only and you need concrete facts and help, but for a start i would ask the obvious:

 

Have you contacted National Debtline or the CAB for help and advice.

 

Have you requested the Credit/Loan agreement under the CCA1974 for any of your accounts?

 

Seems like you have some charges making up some of the debt there. If they are non-bank overdraft charges then you can reclaim those. Have you looked at that aspect to reduce the debt?

 

Can you (have you) been to your Dr for a letter stating that these issues/worries and contributing to your health problems. If your Dr is sympathetic and you can get that it won't make creditors treat you respectfully in an instant but it may prove useful.

 

If either of you are in receipt of the following you may be entitled to Legal Aid and could get a Solicitor fighting your cause for you:

 

• Income Support
  
• Income Based Job Seeker's Allowance
  
• Income-based Employment and Support Allowance
  
• Guarantee Credit
  

I would first off, start new threads in the Legal Issues forum (by clicking "new thread" button top left of the page )for the Hitachi and GE Money/Link issues:

Legal Issues - The Consumer Forums

 

Title your 2 threads:

 

"Hitachi Capital Charging Order"

 

&

 

"GE Money/Link Tomlin Order"

 

For the Tax issues start a new thread in this forum in the same way:

Benefits, Tax Credits and Minimum Wage - The Consumer Forums

 

Title it:

 

"Inland Revenue/Tax Credits Help!"

 

I see you have started a thread and begun.. don't worry you can start others.. they can be merged into one later.

 

Sorry i can't offer an instant fix but this will get you noticed by people with the same issues in those forums and there are plenty of knowledgeable people about that will soon start to help im sure.

[citizenB]

THis is Jezzy;'s thread link

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/193478-dont-know-where-start.html

[davey77]

Congrats on your 5000th post CB. (I'm catching you up!)

[davey77]

Got this out of the blue today. These people are so dumb it's amazing. I asked for this 5 month ago. Ah well, has the account number too. Done and dusted:

 

[Desperate Daniella]

[citizenB]

Congrats on your 5000th post CB. (I'm catching you up!)

 

Methinks you are going to have to run a bit faster Davey

 

BTW, I got a copy of that book, thanks It is interesting to note that with the postage it cost me £7.00.. that is £1.00 for each 1lb lost:lol:

[davey77]

Methinks you are going to have to run a bit faster Davey

 

BTW, I got a copy of that book, thanks It is interesting to note that with the postage it cost me £7.00.. that is £1.00 for each 1lb lost:lol:

 

That's if you lose just the 7Ibs.. i lost 11Ibs in a week second time round with the detox!

 

Have fun!

[AA99]

Thanks Gaz and Angel! More of the same to come eh! Determined to achieve my mission of being debt free before the year is out.

 

Yes 49 chilli plants, 28 peppers, coriander seeds, tomato, courgette, spring onions and lettuce doing nicely!

 

Good news !

[iddles10]

Phew, just read your whole thread. Took me yearrrsssss. But was well worth it.

 

CONGRATULATIONS!

[davey77]

Phew, just read your whole thread. Took me yearrrsssss. But was well worth it.

 

CONGRATULATIONS!

 

wow thanks for reading the whole thing!

Hope the info contained will prove useful to many to beat this toilet of a company.

 

Cheers D

[Monkeykiwi]

Davey

 

Thank you so much for such inspirational posts. I started this process with all our creditors only a couple of months ago, and so far have been receiving exactly the same sorts of letters from capone. Now and again I feel completely overwhelmed by it all, but then I read something like your post and it provides me with renewed vigour and enthusiasm. I guess that their intention is to employ scare tactics to as many people as possible in the hope that you will get so snowed under with it all that you just give in. I am not doing this to be irresponsible - we tried all of the reduced settlements, which they kept agreeing to in every phone call, until they got someone else to call and had to go through the whole thing all over again. It has naturally put tremendous pressure on both of us - and I am fighting the battle as and when I can face it.

 

In hindsight, do you think you would have issued the threat of court action earlier, or should I continue in the same vein you have for a bit longer? I have already done CCA requests, subject access requests, and still they haven't been able to provide anything meaningful, just the same old rubbish about having fulfilled their obligations ...

 

Any advice you can offer will save my bill for hair dye!

 

Many thanks

 

Monkeykiwi

[davey77]

Davey

 

Thank you so much for such inspirational posts. I started this process with all our creditors only a couple of months ago, and so far have been receiving exactly the same sorts of letters from capone. Now and again I feel completely overwhelmed by it all, but then I read something like your post and it provides me with renewed vigour and enthusiasm. I guess that their intention is to employ scare tactics to as many people as possible in the hope that you will get so snowed under with it all that you just give in. I am not doing this to be irresponsible - we tried all of the reduced settlements, which they kept agreeing to in every phone call, until they got someone else to call and had to go through the whole thing all over again. It has naturally put tremendous pressure on both of us - and I am fighting the battle as and when I can face it.

 

In hindsight, do you think you would have issued the threat of court action earlier, or should I continue in the same vein you have for a bit longer? I have already done CCA requests, subject access requests, and still they haven't been able to provide anything meaningful, just the same old rubbish about having fulfilled their obligations ...

 

Any advice you can offer will save my bill for hair dye!

 

Many thanks

 

Monkeykiwi

 

Thanks for the comments MK.

 

In some ways i wish i had started Court Action earlier but in other ways not. Its not the easiest task in the world and it's easier to defend Court Action than it is to go on the offensive.

 

If you are sure your arguments are on a strong basis then i would just stick to telling them to bog off or supply a valid agreement. Get organised, get your letters sent off and try to get them to contradict themselves. Give them enough rope over time and then you will know your position and the strength of your potential case. Just don't expect cap1 (or any creditor for that matter) to roll over. As you have seen, even when they are worried about losing, they leave it until zero hour before calling it a day. But they do give in eventually.

[davey77]

I am trying to write a book on being in debt.

 

I would appreciate any short comments and peoples experiences in their own words on how debt has effected their health and lives. In particular the stress it causes and what being ignored by Lenders and DCAs when you are trying be responsible has felt like.

 

Only short comments wanted please. Say about 300 word max. No massive letters and i am more interested in the psychological effects and mental state, the frustration and stress that attempts to communicate with creditors has brought, rather than the legal side or section 78 failures etc.

 

I would prefer comments sent via hotmail or yahoo (link on the left of these posts) and not posted on the open forum please and rest assured your name/username will never be quoted. All in strict confidence and for my own use in writing about the subject matter and any information will be changed as to keep any comments i may add to the book as anonymous and not traceable back to any individual in any way.

 

Thanks folks... something may come of it. I may be a rubbish author! If it's not good enough for publication and if i ever finish it i'll post it online for download to try to help those being hounded by the evil doers.

[maxine989]

subscribing.

 

Well done!

[davey77]

subscribing.

 

Well done!

 

Thanks!

 

Just to say.. haven't heard a peep out of them (and of course don't expect to either). 8-)

[pawnbrokers]

davey, im not a serious cagger, the sight is massive and fightens me, but your persiverance and determination, must makes everyone who takes the time to read what you have done, realise that we can knock these imoral beggars off their perch's. i am at mom in deep with crap one and have claims against them for much more than i owe, and realise from your endeavours that they only pay out when the courts action is taken . im even more determined now to take that route well done - pb

[bozalt]

Not sure if anyone has seen this;

 

News

 

Dispatches to air debt collection exposé - 10/07/2009

 

A Channel 4 Dispatches reporter has gone undercover in a debt collection agency for a programme that will air on 20 July, Credit Today has learned.

 

Presented by Jane Moore, Channel 4 said the programme reveals "some of the tactics deployed to get debtors to pay up, and talks to those unfortunate enough to be on the receiving end of this treatment". Earlier this year, Dispatches reporter Tom Randall got a job as a debt collector inside "one of the UK’s fastest growing agencies".

 

The programme is understood to also focus on the sale of debt portfolios. "Some of the biggest high street businesses are cutting their losses and selling on their bad debts to agencies for as little as sixteen pence in the pound," it said. "Agencies who buy up these debts are entitled to pursue debtors for the full amount. In this multi billion pound industry the stakes are high, and Dispatches reveals the lengths collectors will go to, to recover their debts."

 

Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees may have deviated from them. He was not able to reveal the identity of the agency.

 

Credit Today understands that allegations include collection professionals putting undue pressure on vulnerable debtors, making premature threats of bankruptcy and chasing third parties and statue barred debts.

[Gimme Money]

Hi Davey

 

Your posts have been a really inspiration to me and I'm sure many others who have read about your case. WELL DONE!!

 

I am in the process of 'dealing' with Capitol One and I am at the stage where I need to threaten them with legal action. I have sent them a CPR request which they have ignored apart from a letter stating that they have copied. I have a question for you that I could not work out the outcome from the threads. Its to do with the following from one of your letter to Capitol 1

 

''I therefore require a full refund of all payments made to you in the mistaken belief that a valid and enforceable agreement existed. I have calculated this figure to be £***p and I have enclosed a schedule setting out the details of my claim. I have also included statutory interest at the rate of 8% per annum from the date of each payment, and so require settlement in the total sum of £***. ''

 

Did you have any luck with claiming back any of the above?

Thanks GM

Edited July 14, 2009 by Gimme Money
html problem

[davey77]

Hi Davey

 

Your posts have been a really inspiration to me and I'm sure many others who have read about your case. WELL DONE!!

 

I am in the process of 'dealing' with Capitol One and I am at the stage where I need to threaten them with legal action. I have sent them a CPR request which they have ignored apart from a letter stating that they have copied. I have a question for you that I could not work out the outcome from the threads. Its to do with the following from one of your letter to Capitol 1

 

''I therefore require a full refund of all payments made to you in the mistaken belief that a valid and enforceable agreement existed. I have calculated this figure to be £***p and I have enclosed a schedule setting out the details of my claim. I have also included statutory interest at the rate of 8% per annum from the date of each payment, and so require settlement in the total sum of £***. ''

 

Did you have any luck with claiming back any of the above?

Thanks GM

 

Hi GM,

 

Thank you...Pleased if my posts have been useful to you. In answer to your question no.. didn't get anywhere with a refund. All i got was a write off.

To be honest many said i could have had more out of them but for various reasons, including it being my first win after a long couple of years dealing with these problems, and with it being the end of the year when the 'case' came to an end. i was happy to call it a day without pushing for more.

 

The mian object for asking for those amounts and using that stance was to give the Creditor something to think about. Knowing that for my part i would have given a little, making them think they had achieved partial victory (in not refunding cash) but with Cap1 unaware that, actually, i wasn't that bothered by the return of funds.

 

As i see it.. it's like putting a house on the market for £150k.. knowing that during negotiations you will be asked to knock off £10k. (Which is why secretly you are happy to sell for £140k.)

In other words.. don't expect to get everything you ask for but always have in mind the minimum requirements and be prepared to let the other party feel that they have gained something you wanted when, in reality, you were quite happy to let them have it as you end up with the result you wanted all along.

 

I know others have had more of a result especially when the stakes have been higher (a large refund that could make a big difference to them) so they haven't given up or settled for less. I guess it all depends what your situation is and what your personal goals are.