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    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
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missy

Missy - v - 1st Credit

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Spot on MC, although it pains me to type it :(

 

:evil: At stupid judge for moving the goalposts!

 

But, I'm learning thanks to you guys 'n' gurlz and that's gotta be worth a big smiley :-)


The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

Just an update on this situation. 1st Crud tried again to pass this on to a different DCA. I seemed to have put the brakes on that again by using letters found in the library.

 

As previously mentioned !st are still reporting this to CRA and I have a big black D every month since March 2009. Can I clarify that if I am prepared to sit this out then I only have untill Mar 2015 where the alleged debt becomes statute barred.

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SB comes in to play in most debt situations if you haven't acknowledged the alleged debt in writing, or paid anything off the alleged debt for six years... CAG does not advocate debt avoidance but we can, where possible, give you the information to help and/or seek help from appropriate organisations such as national debtline or CAB. If the debt collection agency, in this case 1st credit, breach your rights under the OFT guidlines, CPUTR 2008 or UCPD 2005/29/EC please report them to Trading Standards and the OFT via consumer direct because they are/were under OFT sanctions for unfair debt collection processes including issuing Statutory Demands and using the insolvency services as a method of debt collection that the OFT are very concerned with.


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Another update on this long running saga. Every once in awhile !st try all different permutations of threats. The latest one is to now threaten me with bankruptcy proceedings. I would like to now make a formal complaint against them and maybe even ask for a 3rd party to resolve this. Who would be the body that I complain to?

 

Thanks

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Another update on this long running saga. Every once in awhile !st try all different permutations of threats. The latest one is to now threaten me with bankruptcy proceedings. I would like to now make a formal complaint against them and maybe even ask for a 3rd party to resolve this. Who would be the body that I complain to?

 

Thanks

 

Formal complaint to 1st Credit followed by a complaint to the Financial Ombudsman service, if you're unhappy with 1st Credit's final response to your complaint. It will cost 1st Credit a case management fee of £500 (I think) if you do refer to FOS.

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As far as I'm aware the above response is correct although, of late, I have not kept up with OFT guidelines as I have been involved with multiple groups/organisations etc. mostly regarding the Welfare changes that IDSIOT is hell bent on bringing in to the very real and severe detriment to the very poorest and most vulnerable people in our society...


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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the fos will not decide as to whether your agreement is enforceable or not only a court can do that. They will however decide as to whether 1st C have treated you fairly or not following an unsatisfactory respose to your formal complaint


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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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the fos will not decide as to whether your agreement is enforceable or not only a court can do that. They will however decide as to whether 1st C have treated you fairly or not following an unsatisfactory respose to your formal complaint

 

Allegedly, 1st credit do not like Trading Standards, the OFT (had them under a list of sanctions for ages, not sure if they still have), FOS and they're scared s***less by the new version coming in with more teeth in April 2014 :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Allegedly, 1st credit do not like Trading Standards, the OFT (had them under a list of sanctions for ages, not sure if they still have), FOS and they're scared s***less by the new version coming in with more teeth in April 2014 :)
so best way forward then to link your complaint to the OFT debt collection guidelines and consequently CPUTR2008 breaches, and then complain to the FOS and TS:lol:

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Ask 1st credit about the UCPD 2005/29/EC and the CPUTR 2008 and see how loud they scream... Mention this to the them as well - http://www.consumeractiongroup.co.uk/forum/showthread.php?147392-CCA-DCAs-and-the-Unfair-Commercial-Practices-Directive and ask them if they feel ok ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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well if 1st C as assignees dont think they are "the creditor" for the purposes s78 in this instance Jones v Link Financial may help to disillusion them:-)


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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well if 1st C as assignees dont think they are "the creditor" for the purposes s78 in this instance Jones v Link Financial may help to disillusion them:-)

 

BB v 1st Credit, on many occasions, should have disillusioned them, but they appear to have yet to grasp the fact that they are debt purchasers in many cases and are very often very wrong in that the alleged debtor is not their victim at all and have been proven so, scared off but then reappear when they feel like it :roll:


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thank you to all who have offered advice. I have written again to !st and told them I am minded to make a complaint.

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Hi Missy,

 

I've been reading all the thread and have noticed that you'd been advised by a few to send for a SAR but all you've been chatting about is the CCA

 

You've never answered this from others, so now I'm asking? A simple yes or no .......... I've done one recently and its picking up anomalies.

 

Also you were asked about PPI and reclaimable charges, have I missed your answer? My SAR has shown up some.

 

NM

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I have agreed a partial settlement with !st with the agreement that they or anyone else does not chase for the rest of the disputed debt. This was in Feb and I just checked my credit file and the record is marked as PS (partial settlement) but it still says the account is in default. This is not what I expected. Will this account stay open with the CRA and be reported on every month as in default?

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A default will stay on your credit file for 6 years from the date of default. I have one with m&s on my file, they accepted a full and final of about 30% from me, marked it as partial settlement but the default is still showing, although m&s obviously don't update it anymore, my default is due to drop off this summer...

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Hi and thanks for replying.

 

I understand 6 year rule it's just that in the month I made the final settlement. They insist on calling it a partial settlement. this is what it looks like:

 

February 2014

PS

Partial settlement. The payment status has been reported as in default.

 

I an assuming in March there will be no other reporting and the defaults will start to drop off. The first was in April 2009 and so that will drop out in April 2015.

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The actual default won't fall off until 6 years after so will continue to show on your credit file but it won't be updated by the DCA. Mine shows it was last updated just after I made the partial settlement.

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