Jump to content


  • Tweets

  • Posts

    • J&P Credit Solutions are specialists on debt recovery. Either way they seem to be swapping between the JandP and IDR whatever their exact definitions are.
    • Primary and secondary teachers are supporting pupils with their own money, buying food and warm clothing. Eight in 10 primary teachers in England spending own money to help pupils | Education | The Guardian WWW.THEGUARDIAN.COM Increasing numbers of children hungry and lack adequate clothing, with two-thirds of secondary teachers also supporting pupils  
    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
    • You can counter a Judges's question on why you didn't respond by pointing out that any company that charges you with stopping at a zebra crossing is likely to be of a criminal mentality and so unlikely to cancel the PCN plus you didn't want to give away any knowledge you had at that time that could allow them to counteract your claim if it went to Court. There are many ways in which you can see off their stupid claim-you will see them in other threads  where our members have been caught by Met at other airports as well as Bristol.  Time and again they take motorists to Court for "NO Stopping" apparently completely forgetting that the have lost doing that because no stopping is prohibitory and cannot form a contract. Yet they keep on issuing PCNs because so many people just pay up . Crazy . You can see what chuckleheads they are when you read their Claim form which is pursuing you as the driver or the keeper. they don't seem to understand that on airport land because of the Bye laws, the keeper is never liable.   
    • The video-sharing app told the BBC that a "very limited" number of accounts had been compromised.View the full article
  • Recommended Topics

  • 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
  • Recommended Topics

Where do I start?!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5507 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

That's a good idea!

 

I have the list of numbers and time that they called (only since monday) but I didn't want to phone them to find out which one they were.

 

I'm kind of getting used to the phone ringing and not answering it now! I have been dreading them calling me constantly and knocking on my door and raiding my house for a year now. It's not as bad as all that (YET!)

Link to post
Share on other sites

  • Replies 192
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi esile172

Offering my support too.

Sounds like you have had a horrible time of it lately.

I too was in a terrible mess with debt espcially when made redundant some yrs ago. Happy to say things are better today, despite RBS taking me to court.

With the help of this site I am finding my way through the maze.

 

With regard to creditors phoning you, I too have had persistent calls over several yrs.

I no longer answer my landline and family and friends know to leave a message on the answer phone before I will pick up the receiver.

I had years of dealing with DCAs before finding the CAG site and wish I had found them sooner it would have saved me so much stress.

 

I have found they will try anything and everything to get you pay whether by fair or foul means.

 

Be strong, know you have lots of people routing for you, even those that dont leave a message, I'm sure there are quite a few that are silently wishing you well.

 

I'm subscribing to your thread too.

 

good luck

Poppay

Link to post
Share on other sites

Thanks guys for the support!

 

I feel like I am on some fast track learning course. Each day I get these little hints and tips and things get a little clearer.

 

I hope in writing this it might help someone else when they find themselves in difficulty. I'm sure if had found this site a year ago it would have saved me a lot of anguish (and grey hairs!)

 

I'm now going to look up my list of numbers to find out who is chasing me but I will not know which one of us they are chasing for without answering?!

 

xx

Link to post
Share on other sites

[quote=esile172;2068466

 

I'm now going to look up my list of numbers to find out who is chasing me but I will not know which one of us they are chasing for without answering?!

 

xx

 

 

Sorry but I can't help with this problem !

 

One day, probably very soon, you will feel so empowered that you will take on any of the creditors phone calls and wrap them up in knots with the knowledge you have found - meanwhile the creditors will be wearing brown trousers as they realise they have a formidable opponent facing them.

 

Keep reading and Keep learning

 

Link to post
Share on other sites

Have now put second one on, still can't work out how to link thread but will keep trying!

 

Ps Supasnooper, I do already feel a lot more positive about all this, not yet brave enough to answer phone but also am telling myself I have no need to stress over answering it (it is helping!) Thanks again for your continued support.

Link to post
Share on other sites

To insert a link to a thread -

 

1/ Open up the thread and click into the address bar at the top, it should turn blue, then right click on this and select "copy". Go to the thread you wish to insert the link, go to the reply box , click into to it and then right click and select "paste".

 

or

 

2/ Find the thread in the relevant forum, right click on the thread title and select "copy shortcut".

Go to the thread you wish to insert the link, go to the reply box, click into it and then right click and select "paste".

 

Link to post
Share on other sites

HIi Guys!

 

Feeling low today! Didn't sleep last night, beginning to think I've just made everything worse!

 

Today my Dad has heard from HSBC (one we CCA'd) saying the letter wasn't signed so they couldn't supply, please send another request with signature.

 

What should he do? He has a bank account with them also so thinks if they really wanted his signature they could get it anyway.

 

Should he sign?

 

Any advice greatly appreciated.

 

x

Link to post
Share on other sites

One thing you may need to do is to look at getting set up with bank accounts away from your creditors very shortly.

 

If your Dad gets in a positon where he is unable to make a payment on his credit card then HSBC may decide to take the payment from his current account - This is called offsetting and is done by most banks.

 

HSBC are being stupid - There is no legal requirement for a Credit Card Agreement to be signed.

 

There is a response letter on the forum somewhere ( think it was done by pt2537) - I'll post it up if I can find it or someone else may post it up.

 

Link to post
Share on other sites

Thanks supasnooper.

 

He doesn't have any spare money in the account but he does have his benefit payed into it. Can they take that when they can see he has gas and electricity etc taken out each month? There is no spare cash.

 

Also had to take phone off hook again today. Have been making a note of calls each day. Yesterday there were so many my phone didn't keep them all! This means more than 15. This morning while we were out we had 5 calls from Barclaycard. The problem is we have 4 barclaycards between us so I don't know if they are calling for one continually or several. Is this reasonable or should I be complaining to someone?

Link to post
Share on other sites

Another point!

 

Do we need to worry about banks being part of other banks? For instance First Direct being pat of HSBC. Can banks from the same group take money from other accounts?

 

Also our mortgage is with N/wide, another one we have CCA'd?

Link to post
Share on other sites

HIi Guys!

 

Feeling low today! Didn't sleep last night, beginning to think I've just made everything worse!

 

Today my Dad has heard from HSBC (one we CCA'd) saying the letter wasn't signed so they couldn't supply, please send another request with signature.

 

What should he do? He has a bank account with them also so thinks if they really wanted his signature they could get it anyway.

 

Should he sign?

 

Any advice greatly appreciated.

 

x

Hi Esile172

Are you saying that the bank did not send the CCA as the letter requesting the CCA was not signed?

 

If so, I think that it would not be prudent to sign any letters to any DCAs or Banks.

 

I tend to print my initials and do so in a way that is not my normal way of writing my initials on any letters that may require a signature.

 

Other advice given would be to disguise your signature in some way, but still best not to sign ANYTHING.

 

As it is not unknown for a signature to copied and pasted into a 'reconstructed' document.

 

I suspect they do not have a signed CCA and by requesting a 'signed' letter of request, they will then have a signature to hand.

 

This whole journey of taking control of your finances is one of constant ups and downs.

Personally I just want to bury my head in the sand until it all goes away!

However, I know to my cost that taking NO action just makes things much much worse.

It is a nightmare having the phone ring constantly all day! I know, as mine never stopped for such a long time.

Now it hardly rings and this weekend not once at all!

My finances are in pretty bad shape too, and I dont enjoy having to take action either, but its either that or let them take everything! And I have worked too hard to get myself out of a bad place to let them take everything without putting up a fight.

 

Remember they will try just about anything to get money out of you, they wouldn't even care if you ended up destitute, just as long as they get what they want.

 

I have started to think of it this way....

I am just a reference number to them, Its not really personal they want to show a profit (RBS) and they dont much care how they do it! Hence I am trying to take my emotions out of my fight and trying to deal with it that way, its hard as I still feel sick about it all, but it is helping and of course CAG is a great place to find help and support.

 

And the DCAs are just as bad, as they now see that their profit margins are looking less healthier than they did last year!

 

Anyway that's enough of my rambling on.

 

I think you are doing brilliantly, better than me, I do still have my head in the sand concerning my other creditors.... lol

 

All the best

P.

Link to post
Share on other sites

Hi Poppay

 

Thanks so much for the support. I know it's something I have to do it just feels like such a big fight, we have 30 credit cards between us and I am really dealing with them all as I am the one that found this wonderful site and decided it was worth a try.

 

The hard thing is all this is on top of the already hectic life we lead, trying to get a flat, that was ruined in just 3 months by non paying tenant, ready so that we can get some money back, trying to move things around here in order for Dad to move in, so we can try and get his place redecorated and ready for holiday lets to try and get some more money in. It all needs doing now, it can't wait but neither can this!

 

I did get some sleep last night (due to sheer exhaustion!) so I do feel slightly better today.

 

I think the other thing that is so frustrating is you read all this information on here and you learn what they can and can't do but they just go and do it anyway! I've never been one to give in so I will find the fight somewhere but somedays it just all gets too much!

 

I am also recording all this on here hoping it will help someone else who comes across this site. I'm not yet able to give anyone useful advice because I'm not knowledgeable enough (yet) but if someone can get some confidence to give it a go from reading about the mess I am in all to the good.

 

Good luck to you, you are right we are just a reference number to them. They are not worth losing sleep over. Let's give em everything we've got!!!!!!

Link to post
Share on other sites

Hi Esile, I'm with HSBC and they will definitely have a record of your father's signature so I would fight that. I've read quite a bit about 'parachute accounts' (opening new bank account when having a fight with existing bank) and it looks to me as if Citibank are quite good for those with less than perfect credit histories. Nat West too.

 

Also have you thought about putting in a claim for bank charges now anyway, because those who can claim hardship are not put on hold. The CAB could advise you, but there's good advice reclaiming on this site. Meanwhile, I sympathise with you. I honestly believe that the darkest hour is before dawn, you know. Not strictly debt related but I had tenants in my flat who moved out in November. I struggled to find new ones and over the Christmas period a nasty neighbour put superglue in my Ingersoll lock; cost £200 for new barrel and locksmith - and they only did it again almost immediately. However I thought they might so I left the French windows locked but unbolted so was not completely unable to get in. Sorting this out made getting a tenant a severe trial and we were living on student fare withut the vital rental income until the beginning of this month. It was grim, and I was very low about it, but now our luck seems to have changed, and I won a PPI case too. I must say 15 phone calls is ludicrous; they really are not allowed to harrass you like this; quote section 40 at them! Hugs, MG

Link to post
Share on other sites

Thanks MG! I can always rely on you for support!

 

I have not really had many bank charges unless I go back to my old A&L account- can I do that? If so what would I have to do?

 

I am getting lots of letters from the credit cards now, all charging me for late payment and over limit charges because I have not made their minimum payment. Are they allowed to do this whilst I am waiting on their CCA? I have only had the two back that I have posted on here. Sky which would appear ok and Barclaycard which was just a copy of their t and c's from 1997.

 

So, can I write to each one saying stop calling me and you cannot charge me until you have complied with my request? If so, is there a template?

 

Thanks

Link to post
Share on other sites

Hi Esile, sorry but I don't know anything about the CCA process; someone else will be along I'm sure.

 

It would be worth going for a claim with A & L yes; there are template letters elsewhere on the site and you'll also need to read about hardship claims. If I find anything particularly useful for you I will forward the link. Might not be until tomorrow though as I'm working today! MG

Link to post
Share on other sites

Thanks MG! I can always rely on you for support!

 

I have not really had many bank charges unless I go back to my old A&L account- can I do that? If so what would I have to do?

 

I am getting lots of letters from the credit cards now, all charging me for late payment and over limit charges because I have not made their minimum payment. Are they allowed to do this whilst I am waiting on their CCA? I have only had the two back that I have posted on here. Sky which would appear ok and Barclaycard which was just a copy of their t and c's from 1997.

 

So, can I write to each one saying stop calling me and you cannot charge me until you have complied with my request? If so, is there a template?

 

Thanks

 

Hi esile,

 

They will apply charges despite the CCA request, I'm afraid. They're not supposed to, but they do - it's against the OFT guidelines on debt collection, but they are just guidelines.

 

With regards to the loss of rent (in your earlier post), are you aware that you can insure against this? Homelet are one such company that offer this guarantee.

Link to post
Share on other sites

Hi Underdog

 

Thanks for your post.

 

So I cannot write to them and ask them not to apply charges? I am going to write anyway because the phonecalls are getting ridiculous now.

 

I wasn't aware of the insurance for loss of rent in time to take it out on that tenant but I since have done with all my other tenants.

Link to post
Share on other sites

Hi

 

I have received my nationwide statement today and they have taken my £1 postal order and put it on as payment to my account although my letter made it clear that it wasn't to be used for anything else!

 

What do I do now? Should I wait to see what happens about my CCA or should I contact them now about it?

 

Thanks

Link to post
Share on other sites

I'd wait for the CCA if I were you.

 

Don't worry about where they put the £1 - you made it clear what it was in payment for; if they want to apply it to the account, that's up to them. You paid for the CCA and you are entitled to receive it - they can't argue with that;)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...