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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
    • forget the guarantee, totally worthless, no guarantee or warranty is even worth the paper it's written on.   under the consumer rights act 2015, bensons are quite correct that outside of 6mts, it is down to the consumer to get and pay for an independent report upon any issues. this cost will be refunded upon your win.   also under CRA a 'product' should last a consummate period of time, upto 6yrs typically or even beyond, one would expect a mattress to not to have issues after a mere 10mts.    
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Threat of bankrupcy. PLEASE HELP!!!


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I've just recieved a rather strange phone call to tell me Hillesden Securities are taking civil action against me for bankrupcy.

 

I got a car on finance from welcome some years ago.

To cut a long story short I took out mechanical breakdown insurance through welcome.

The car broke down and they refused to fix it so I decided to stop paying them (in hindsight not a good idea).

 

Anyway... Welcome repo'd the car then tried to shaft me for massive amounts of money of the course of around 5 years. I maintained that welcome were in the wrong and that they did not stick to the agreement.

 

Anyway all this time they have been adding interest so what they are chasing me for £5 &1/2 K now when the original car purchased was only £1K.

 

I would appreciate ANY help or advise you can give me to stop the bankrupcy.

 

Thanking you in advance

 

Ben

My opinions are my own and not those of anyone else :D

 

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http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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no i didnt do it in writing. The branch manager came to my house and told me they would repo the car. I explained to him that his predeccessor (sp) had refused point blank to fix the car. He asked me if i would keep the car if he had it fixed and i told him i would not as the car had been stood for so long i had to borrow cash to buy a cheapo.

Yes the problem was covered but still they refused stating that i neede to make several more payments.

 

The phone call i got this evening stated that there is to be a hearing this friday regarding my case yet i have not been informed of this nor would they give me any details about it other than that a receiver had been asked to attend on my behalf.

hope this helps

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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If they are taking you to court this friday then you should have been served papers to attend court, and given the opportunity to call any witnesses.

They cannot send someone on your behalf, i take it you havent moved so they could not get in touch with you.

 

They cannot refuse to tell you where the court hearing is, I would be inclined to phone them ( although we always say do everything in writing) but because of short time and find out the necessary details.

 

If they have refused to rectify the car under a proper claim under the valid warranty i think they would have difficulty proving a non rejection.

I also would think that if it is the county court then if you attended and informed them that this is the first you have heard of this then they would give you time to prepare a case.

Once this has been done you then go for one of the fantastic Subject Access request letters on the site, they then have to supply you with all the paperwork they have on you for the case.

Personally i think they are trying to frighten you.

My advice is to ask them for the details of the court hearing stating that if necessary you will attend court and ask for an adjournment.

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I am assuming (rightly or wrongly) that they are holding a meeting and inviting a reciever to decide if they should take civil action against me.

 

I have lived at this address for 3 years and they have alaways known my address.

 

I was thinking about doing a SAR now and see exactly what they have got on me.

 

This matter has been ongoing for several years and welcome have always blatantly ignored me in the past. Since Hilisden took over the debt the problems have been the same.

 

I got the impression they were trying to frighten me too.

I will contact the woman who rang me earlier as she gave me her name and a contact number.

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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Personally i think they are trying to frighten you, all DCA monkeys do the same, i had a DCA ring me today and i just laughed at them, no enforcable agreement.

 

Yes send them a subject access request by recorded delivery.

 

DO NOT forget they cannot make you bankrupt only a court can do that.

 

These people are **** and what pleasure they get out of frightening people is beyond me, one day all this rubbish will come back and haunt them.

 

 

Just stay calm they know full well thier chances of success are limited especially when you have all the relevant facts to hand.

 

There are many threads on here regarding welcome car finance, have a read of them.

You are not alone there will always be someone on here who will help you,

This site is brilliant, and the people on it are amazing

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Hiya Mate, Yep to advise, my BR was done without my presents due to my IVA failing. I was served court papers by a court clerk at the door (lovely chap who explained bits and pieces etc). If you haven't moved and haven't received these papers from the court directly, then as sunnyskies1 has said, a scare tactic from a low life.

Advice & opinions given by Stinkyfeet are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. :wink:

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Thank you for your advise stinky and sunny.

She the woman has tried to contact me several times again since.

My partner took the calls as i was at work. The woman told my partner that if i didnt pay £5.5k by yesterday i would be made bankrupt.

She also attempted to scare my partner into giving out my mobile number but my partner being the person she is told the woman i couldnt be contacted.

The woman on the phone didnt like this and got REALLY pushy so my partner put the phone down.

 

I think your both right about this being a DCA trying to scare us.

 

Also i'd just like to point out that i have been unable to contact this woman on the number she gave me, which i'm not suprised about at all.

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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You MUST record your calls.

 

We are hearing more and more of this kind of thing.

The banks and DCAs are becoming frenzied with some fver of debt recovery.

 

record your calls. It is so important.

Read our review section and eslewhere on the forum about this topic

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The phone call i got this evening stated that there is to be a hearing this friday regarding my case yet i have not been informed of this nor would they give me any details about it other than that a receiver had been asked to attend on my behalf.

hope this helps

 

Send them a letter asking what sort of hearing it is and where. Ands as a precaution phone your local court and their local court to check they havent got something in there - if they have you can obviously challenge it on pre action protocols but better to be sure they havent sneaked some dodgy petition in through the back door.

Have you any assets ?

What is the amount they are claiming?

Consumer Health Forums - where you can discuss any health or relationship matters.

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yes my partner and i have a house and a car. The house is in joint names as is the bank account.

we dont have any savings or any other real assets.

contacted my local court and theres nothing happening there

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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do you have equity in the property

 

It costs a creditor around £600 to file a bankruptcy petition, plus legal fee's, the average bill is about £1500 just for them to declare you bankrupt.

 

Unless they feel there is a good chance of seeing a return for that money, they wont follow through.

 

Remember ALL your unsecured debts go int BR, ant the OR charges £1800 upwards to administer your BR, whats left after that is shared between all creditors, so its a big gamble for a creditor to make you bankrupt.

 

Which is why they very rarely do;)

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I have to say that this is shocking, we are seeing so many of these situations where an insurance policy was added to give you peace of mind, yet they are not worth the paper they are written on. !! What sort of premium was added to the loan to 'cover' you ?

 

If it was me in your situation firstly I would send of a request for the agreement which you can find here - LETTER 'N' (this needs to be sent to whoever owns the debt now) you need to send this by recorded delivery and enclose a £1 postal order.

 

LETTER 'N' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

It might also be worth sending this to Welcome too unfortunately this will cost you £10, but you may know more about where you stand and the corresponding paperwork....

 

In the mean time you need to start an official dispute to challenge the fact that the insurqance that was offered was basically not worth the paper it was written on. And you could say that you feel that you were missold the policy as you were led to believe it would cover you.

 

This is the SAR to send to Welcome

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

 

 

 

And keep us posted.....there is obviously a major dispute here !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thank you for all you help guys.

I have this morning received a letter from a company called ati regarding this case.

 

Funnily enough it says NOTHING about any BR claim.

I will scan it and post it on here this evening and hopefully some of you may be able to help me with it further.

 

Thanks again for all your advice so far

 

Ben

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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