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    • i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order.   you seriously have some wild theories, but those are understandable.   as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise .   there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310.   police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from.   its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders.   dx 
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    • Hi Stu and dx1000uk,   I have done the online assessment and as I suspected I already receive the maximum benefits available to me.   Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying.   let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? does the council then not send the police round? This is what I can't work out and worries me.   The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay?    Walshy
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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Complaining to the OFT


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Complain to the OFT about unfair DCA collection practices.

 

http://www.consumeractiongroup.co.uk...0&d=1218223910

 

This template, from the OFT's web site is to be used when there is a breach of the OFT's Debt Collection Guidance, as stated and defined in the following link:

 

www.oft.gov.uk. This outlines DCA practices which the OFT regards as unfair and which DCA's should be aware of and should adhere to.

 

This form was designed for use by advice agencies and third parties eg solicitors. However, the form can be used by individuals too.

Please ensure that you keep a copy of the completed form for your future needs/ reference and post in the debt forum to update on progress.

 

Print it off, complete it and send it to:

 

Enquiries Centre

Office of Fair Trading

FREEPOST

London

EC4B 4AH

 

The more people who do this, the more chance we have of something being done about illegal DCA harassment.

 

DebtCollectionComplaintForm.doc

 

Thanks to Noomill060 who spotted this.

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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Very good find by noomill,

 

I will be completing this form asap.

 

Daughter got into arrears with hbos

 

hbos sell or pass the debt to McKenzie Hall

 

I pay off the debt and ask for a receipt (no receipt forthcoming)

 

McKenzie Hall sell on the alleged debt to Cabot (where is Cabot team)

 

We do not respond to Cabot in any form so they eventually see it as a no hoper and yes they sell it on to ruthbridge (first letter received from them full of total threats and bailiff threats and court threats etc) letter ignored

When it comes to crunch time I will point ruthbridge to cabot and cabot to mckenzie hall and then produce the payment slip from my bank with the mckenzie hall sort code and account number showing the arrears were duly paid. (with hindsite I should have told mh to get stuffed)

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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I printed this form off a while ago. I understood it was for 3rd party's and advice agencies only, which is why i took my complaint straight to TS and also informed them of the said form and an email which i was going to forward directly to the OFT via their enquiries email address- [email protected] regarding my particular situation

 

So does this mean that the general public can use this form also to make complaints directly to the OFT?. TS don't seem to agree. As far as i have been informed it's for agencies like C.A.B dealing with the public's enquiries.

 

Besides this when you contact the OFT by phone they say they do not deal with complaints from the general public and give you details of consumer direct.

 

I would appreciate it if you have any feedback on this, as if this is correct i will post all my complaints via this form regarding all my disputes against the DCA's i am dealing with.

 

Regards.

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Just got off the phone to the OFT, yeah it seems that anyone can use this form, seems TS were telling me little porky pies.

 

Happy days, i will be sending a few of these forms off in the near future:)

 

Regards.

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  • 1 month later...
I printed this form off a while ago. I understood it was for 3rd party's and advice agencies only, which is why i took my complaint straight to TS and also informed them of the said form and an email which i was going to forward directly to the OFT via their enquiries email address- [email protected] regarding my particular situation

 

So does this mean that the general public can use this form also to make complaints directly to the OFT?. TS don't seem to agree. As far as i have been informed it's for agencies like C.A.B dealing with the public's enquiries.

 

Besides this when you contact the OFT by phone they say they do not deal with complaints from the general public and give you details of consumer direct.

 

I would appreciate it if you have any feedback on this, as if this is correct i will post all my complaints via this form regarding all my disputes against the DCA's i am dealing with.

 

Regards.

 

Did you get a reply from OFT following your email, I submitted one myself, so im looking to see the estimated response time. Or do they generally just deal with it for you and let you know im months to come once something is done?

Train hard...Fight easy

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Did you get a reply from OFT following your email, I submitted one myself, so im looking to see the estimated response time. Or do they generally just deal with it for you and let you know im months to come once something is done?

The OFT seem to reply in about 7-10 days. However certain complaints seem to get a quicker response e.g Phoenix SARL-MARLIN who seem to be high up the OFT "hit" list getting an almost instant response.

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Did you get a reply from OFT following your email, I submitted one myself, so im looking to see the estimated response time. Or do they generally just deal with it for you and let you know im months to come once something is done?

 

I submitted the first one last week as i was waiting for the final details from the creditor in question and confirmation from Trading Standards. Although it maybe pointless i thought it was better to send all correspondence regarding my dispute which clearly states that the creditor involved and DCA were both acting illegally. I have also sent and email to the OFT regarding the same DCA but a different creditor to which i received a reply today via email, i have started a new thread about the response i received.

 

Regards.

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Thanks for that info payback, the cheekt on these DCA's is unreal

 

Do the DCA get a fine upon us making a complaint from the OFT or TS?

 

Depends on how many people complain really about the same company. If there is an abundance of complaints they have to act, which is why the more people that complain the better for us debtors. Below is a small exert from the email i received from the OFT.

 

"In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied)."

 

Regarding TS, they are useful with harassment complaints and if they think your complaint is viable they will pass your details over to the home authorities for their perusal, they do not have the power to impose fines. In my situation they sent me consent forms to sign and dealt with my situation on my behalf;)

 

Regards.

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Thanks for that.

 

Main reason i asked about the fine was because, i used to work for a telecoms company, whenever we got a comaplint that went to Ofcom we gererally had a £400 fine

 

Thanks anyway

Train hard...Fight easy

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Hi all, looking into this company for a cagger and noticed that their consumer credit licence expired on 16th June 2009....their renewal is open so am thinking now is the time to make sure everyone gets their complaints to the OFT and make them reconsider!

 

Public Register

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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The OFT seem to reply in about 7-10 days. However certain complaints seem to get a quicker response e.g Phoenix SARL-MARLIN who seem to be high up the OFT "hit" list getting an almost instant response.

 

Might as well send my complaint in too - just read through the OFT Guidelines and and Marlin are currently not complying with sections 2.2b, 2.2g, 2.3, 2.4e, 2.4f, 2.6h, 2.6i, 2.8i, 2.9k and 2.12k in regards to an unenforcable debt which I CCA'd in 2007.

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Hi all, looking into this company for a cagger and noticed that their consumer credit licence expired on 16th June 2009....their renewal is open so am thinking now is the time to make sure everyone gets their complaints to the OFT and make them reconsider!

 

Public Register

 

The public register you linked to says is still current

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Wow, you are right PeteT. It was listed as renewal when I posted, surely they didn't jsut grant another that quick :eek::mad: My god, do they do any checks?

 

The expiry date is still 16th June 2009 though...strange. Definitely put in a complaint if you have one though, it should help.

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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the licence stays current until the renewal is sorted. There was a letter somewhere from the FOT explaining this. Can't remember where. Possibly a Link Financial thread. I think Angry Cat looked into it.

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Aaaah, I see it now, its in the history section of their licence. The are also Express Delivery and Swift Delivery, you know those lovely blank postcards folk get about parcels/deliveries/urgent messgaes?

 

Clowns :mad:

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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  • 1 month later...

Hi There,

 

Im pretty new to this, however I have been following CAG dialogue for some time........ fantastic forum and great community, all thanks to this, I will be donating every month!

 

I will start to say that as a result, I am at present issuing proceedings against Aktiv Kapital, TBI Financial Services and Lloyds TSB. ( I intend to represent myself and pushing on every court hearing).

 

For many things, 8 breaches, and 3 criminal offences in all! I am currently after some DCA's licence to practice.

 

I am also raising the questions that within the debt industry, how is there debt when alone £585bn been re-capitalised to Lloyds & RBS, yet toxic debt has been sold off for extra profit to DCA's and maybe backhanded commision back into the financial institutions..... who knows. I think todays bonus payments says most of it.

 

A.

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  • 2 weeks later...

Just bumping this up..

 

Please everybody if a DC has done ANYTHING wrong report them to the OFT.

 

Remember the OFT WILL act in numbers.....

 

HAK

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Just bumping this up..

 

Please everybody if a DC has done ANYTHING wrong report them to the OFT.

 

Remember the OFT WILL act in numbers.....

 

HAK

 

Quite Right HAK,

 

United we stand, divided we fall;

 

We need complaints in volume...if they step out of line RE:

The OFT Gudelines on Debt Collection and/or;

The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR's)

 

REPORT THEM TO THE OFT!!!

 

AC

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Again Its been said time a time again complian to the OFT via your MP. This way it goes straight to the CEO Mr Finnagan.

 

HAK

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  • 4 weeks later...

The OFT still seem to be toothless. Granting licences against their own criteria and not investigating as they should. I honestly don't think they care as long as the money is rolling in.

 

Something for the journalists amongst us to get a grip on?

 

It's only when push comes to shove on super complaints that they take any notice, and that's only because it's under scrutiny in the public eye.

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