Jump to content

  • Tweets

  • Posts

    • Mr Lee helped to grow his father's small trading business into a global industrial powerhouse. View the full article
    • So here's a thought:   The average age of someone dying of Covid-19 is 82.4.   The average life expectancy is less, at 81.4.   The rest of the population is making huge sacrifices to save people who, on average, would have been dead anyway.   I wonder what the total of life-years saved by all the restrictions we've had on us since the pandemic started is? Probably not many.
    • Hi Thankyou for your response    yes it is ! I sent of a SAR and within the comms Log Lloyds advised PRA  no CCA or paperwork available  .  hence account unenforceable.   The default is listed as PRA so does that mean it’s active ?  I can’t see a default for LLoyds on there.  I will follow your advice Thankyou 
    • i will guess this is:   a debt buyer dca cannot register a default notice    if the original creditor registered a default notice then get a copy of that  staple it to a letter to PRA and demand the account is removed from your credit file forthwith or a serious complaint will be registered with the ICO and financial compensation will be sought.   give them 14 days 
    • Freight industry body warns the lack of an agreement on tariffs could make things more expensive. View the full article
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Please note that this topic has not had any new posts for the last 3802 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Ok what I would do is get a copy of the judgment and use his statement of account as proof of what you have paid. When ever I made payment to him I sent it with this statement “Please find enclosed my monthly court order payment of £**** towards judgment ********** at no time do admit to any other or other part of an alleged debt to your company”. I also included this

Judgment Paid Balance

£**** £**** £****

And finally “I require a monthly statement of account by return”

Link to post
Share on other sites
  • 1 month later...
  • Replies 87
  • Created
  • Last Reply

Top Posters In This Topic

The thing with a notice of assignment is that if they don't serve it correctly...i.e special delivery correct dates etc and you deny receiving it...if it comes to court they have to prove ownership of the debt etc....just a thought if they ever tried that route....the more ammo you have the better.

 

My guess is that Cabot will struggle to find the agreement due to the age of it. If they own the debt 'absolute' then they shouldn't have to send away for it! It is probably not enforceable so they will stall for time, and apparently they are not obliged to send you a copy of the agreement but they DO have to produce it at court.....so hang on in there and turn the tables on them....MAKE THEM SWEAT FOR A CHANGE!!

 

Spam:p

 

 

Dear Spamalot,

 

I know its been a while but since my last email but this is how long it has taken. Cabot have sent to me it looks like every single statement on the account I was sent by Morgan Stan Bank and it looks like the agreement an agreement that I signed. They say that they have fulfilled there part of the Credit Act now they want payment in full or payment plan. Now what do I look for to see if its enforceable by a judge.

 

Out of all the other DCA this is the only one who has manage to do this others have sent just bits of paper with out TC and another one sent a copy of just a general TC belonging to a company no signitures no nothing. I have wrote back to this companies several times stating law and the sections of law they they have not fufilled there part of CCA. They say they have and that the account is not now in default and demanding payment.

 

Just keep sending the same letter over and over again and they just keep sending letter asking for payment.

 

Do I ignore this until they take it to court and present my CCA route and that they have not fuilfilled there duty of care by sending a True Copy plus TC or responded?????

 

I have gone down the CCA route as advised come out the otherside and now in unknow waters at how to procceed next. Advise please.

Link to post
Share on other sites

Hi,

 

Are you in a Position to upload a copy of the agreement they have sent so that it can be checked whether it is enforceable or not.

 

If you can, remember to remove all personal details.

 

Spam.:)

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites
Hi,

 

Are you in a Position to upload a copy of the agreement they have sent so that it can be checked whether it is enforceable or not.

 

If you can, remember to remove all personal details.

 

Spam.:)

 

I have a digital camra and can take a picture but my scanner broke months ago and not be able to replace it yet. I beleive the thumb nail available is not good enough to see. Could you sugget an alturnative method.:???:

Link to post
Share on other sites

It doesnt matter what any DCA provides you with.

With respect - i really do get a bit irritated on this site by everyone advising everyone else to obtain CCA's etc....

Yes it is important & serves its purpose..im not denying that, but it does not alter the simple underlying fact that they are legally not entitled to a penny off you.

Only the county court is & unless they ever go there & at cost to them, then they can provide you with a copy of War & Peace for all it matters.

Simply report Cabot to the OFT & tell them to either go to the court or bog off effectivley :mad:

Link to post
Share on other sites

This is a copy of my MSDW agreement,

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/195140-spamalot-barclaycard-msdw-goldfish-2.html#post2223255

 

Is it similar to this? Unfortunately mine seems to be a microfiche copy and difficult to read.

[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

Link to post
Share on other sites
It doesnt matter what any DCA provides you with.

With respect - i really do get a bit irritated on this site by everyone advising everyone else to obtain CCA's etc....

Yes it is important & serves its purpose..im not denying that, but it does not alter the simple underlying fact that they are legally not entitled to a penny off you.

Only the county court is & unless they ever go there & at cost to them, then they can provide you with a copy of War & Peace for all it matters.

Simply report Cabot to the OFT & tell them to either go to the court or bog off effectivley :mad:

 

Hi Mr Ton,

 

You have just made me laught for the first time today so it just a case of see you in front of a judge but and keep filling the letter in the bin or keep them.?????

 

By the way I reported all the DCA to OFT and some to SRA and other but nothing has come of it.

 

What you might find interesting after quoting all the laws, sections and subsetions of the CCA the staff at some of the DCA wrote that this dose not apply to them. After a letter like that what are you surposed to do it just beyoned believe. I did write back disclosing my full titles infront and and after my name had no effect whatsoever. That was a good giggle spent years learning and training and working just to be told that its usless to poeple at DCA's

Link to post
Share on other sites
This is a copy of my MSDW agreement,

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/195140-spamalot-barclaycard-msdw-goldfish-2.html#post2223255

 

Is it similar to this? Unfortunately mine seems to be a microfiche copy and difficult to read.

 

I have had a look and No its not its very hard to see like yours its microfiche it does concise of two pages one containing 10 sections like empolyment details, bank details, address details, a password then my signiture. The other asking if uk citizen etc but it is only on the second paper that the name of the company the name appears it is not an individivual application. just look box standander. The first paper does not have the company name on only my signiture. to be honest if I did not now which company I was dealing with would not know which company I had applied to.

 

That the best I can say

Link to post
Share on other sites
Hi Mr Ton,

 

You have just made me laught for the first time today so it just a case of see you in front of a judge but and keep filling the letter in the bin or keep them.?????

By the way I reported all the DCA to OFT and some to SRA and other but nothing has come of it.

What you might find interesting after quoting all the laws, sections and subsetions of the CCA the staff at some of the DCA wrote that this dose not apply to them. After a letter like that what are you surposed to do it just beyoned believe. I did write back disclosing my full titles infront and and after my name had no effect whatsoever. That was a good giggle spent years learning and training and working just to be told that its usless to poeple at DCA's

 

The DCA's will say anything in order for you to just pay up there & then.

If that means lying,cheating,saying laws dont apply to them etc...then so be it.

They are a looney world unto themselves.

The OFT is a case of hit & miss really....you may get lucky with them & other times you may not.

They are too bogged down in complaints and their own incompetence sadly.

As for the letters..its up to you what you do with them, ive never kept any of mine - i just chew over the contents for a while & then rip it up, to be forgotten till the next 1 arrives :rolleyes:

Link to post
Share on other sites
  • 4 months later...

Dear Spamalot,

 

Could you please give me some advise again throught all my problems had be solved. Sent them a letter asking for a true copy on that is signed by myself under the CCA 78. I really wanted to know what card this is for because I have a CCJ from Barclay Card and the card they say they have is a Barcaly Card. Just really confused. What it is 1st Credit have now send me a letter which contains a copy of there Terms and Conditions there are no signture no dates as when it applies to and its really not legible either. The only writing that is ligeble is the T&C words and Cancellation form.

 

In there letter they state this:

 

Since the terms of the agreement were varied it is necessary to send the most recent version of the credit agremment as amended. This version will contain the terms of the most regulated agreement for the purpose of Section 78 and the Regulations because the Regulation require that the up-to-day terms are provided (Regualtion 7)

 

I enclosed the most recent version of the credit agreement that is applicalbe to this account as amended.

 

Section 78 of the CCA 1974 and the Regulations provide that the documents provided under Section 78 do not have to contact any signatures or signature blocks.

 

One thing I know is that I was never told that it was VARIED and the agreement that they have now would not apply to the agreement that I was surposed to have signed.

 

I just want to see the document I signed but they have never given me anything.

 

So I just ignore the letter because want panyment to commence in 14 days or the full amount.

 

Any suggestion as to how to go about answering this letter?

 

Lss017

Link to post
Share on other sites

Send them back this answee...

 

"I need the terms and conditions that were in force at the time of the last transaction on the account, not the current terms and conditions as surely the account would have been in a default situation and no current terms and conditions will cover this...."

 

Get them with their own terms and conditions......

Link to post
Share on other sites
  • 6 months later...
Dear Rev.ian,

 

It was begaining to struggle a little for help with this issue. Now I know I have to send a letter and what to request. I will be doing that as you are reading.

 

Lss017

 

Hi Rev.ian,

 

I know its been a while since you replied to my request about Carter. I sent the letter off and one came back detailing all that I have paid. I now need some advise on the same matter but this time from Capital One who sold the date to Carter a few years ago and who obtain a CCJ for the debt to Captial One but paiable to them.

 

 

Yesterday, I received a letter from Capital One stating that they have now taken control of the debt and that all other payments should be paid to them. They want full payment like now. They have asked for £508 when the CCJ which is still inforce for about £244 poundsish and I only need to pay £1 a month.

 

Since they sold the debt to Carter who obtain the CCJ for the debt that I ran up with Capital One surley do not have the rigth to tell me that they now have taken over the debt again and demand payment. They discharged they whole right when they sold the debt to Carter and I have not receive any demand from them.

 

What is going through my mind is that Capital One are trying to make me pay double are ignoring the CCJ and that they are trying to cash in on the 6 year rule of limitations.

 

Should I ignor the letter and wait and see what happens and if I receive a nice letter of them again demaneding. Kindly remined them of there actions and the CCJ and that they have no right whatsoever, Or this one I like is wait till they send out a court papers then write the CCJ number on the papers and explain that they new this and are just trying to make me libel for money not owing to them because of the CCJ they have already and are trying to use the court system as a tool to may a false claim.

 

I would like to know what is the best method

 

Lss017

Link to post
Share on other sites

Ok others will be able to help more, however as far as I know Carter got the CCJ for £244 on this account, so they are stuck with that.

Quote contrary to section 35 of the County Courts Act, 1984

35. – Division of causes of action

It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in one or more of the county courts.

In other words it would be unlawful for anyone to go back to court with the same account

Edited by rev.ian
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...