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    • what solicitor is the PAPLOC from? then just search xxxx snotty letter dx  
    • moved to the debt self help forum. plenty of like threads here to read along with the ones you've done so far..good work. last thing you ever want to do is look at any kind of IVO/BK or anything alike concerning consumer debt, never do that, turns unsecured debts into secured ones in many instances. your best bet for now is p'haps looks at  Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk) sadly you have to go thru one of the free debt charities to invoke that but DON'T be tempted to also open up a DMP with them, just get the Breathing Space done. get that in place that gives you at leasy 60 days buffer you've also goto to realise you'll probably get a default once breathing space is in place, bit if not it might pay you to withhold payments even after BS then p'haps re start payments once a DN for each debt is issued and registered. at least that way, whatever happens in 6yrs the debt will drop off dx  
    • Hello, I am a private seller and recently sold a pair of trainers on eBay.  Everything seemed fine until just after the eBay 30 day mbg had expired.  The buyer contacted me with photos showing me that both shoes had ripped.  He wanted his money back, and after refusing to refund him, he then left me retaliatory and defamatory feedback on my profile to the effect that I had sold him fake trainers (this was removed by eBay).  He then initiated a chargeback via Paypal.  Invariably, the outcome was in his favour, and I have now been charged for the cost of the trainers.  I would have also been stung for the chargeback fee, but eBay refunded this.  Incidentally, I do have the email receipt of the trainers from when I bought them from a well-established and bona fide online retailer.  The susbequent conversation with eBay followed its predictable course, i.e. the chargeback is out of their hands etc. I have been in contact with citizens advice, and my bank.  Citizens advice told me that as a private seller I'm responsible for the "Title and description" of the goods, but not the performance, or the fitness for purpose.  To me it is clear; if you receive something that's not as described, you don't then use the goods, and more than 30 days later claim 'not as described'.  In my mind, this makes the claim fraudulent.  He's used the 'they're fake' card to give credence to a 'not as described' claim here, obviously, without any evidence.  My understanding is that the chargeback is unlawful, because the trainers were shipped as described.  However, I read something on an eBay forum regarding sellers having no statutory rights, i.e. no right to appeal against a chargeback decision, or to complain to the financial ombudsman.  Does this mean that if my bank disputes the charge on my behalf, it will be to no avail, even if it's recognisably a fraudulent chargeback?  I have reported it via the Action fraud website. Any advice, anyone?  Would be most grateful!
    • Thank you, I have drafted my letters and started to complete the reply form, printed from this site and not using the one they provided.    2 questions, on the forum link it says to tick box D & I, the reason for box D will be given on my thread, what would my answer be to "I dispute the debt"?  Do I send anything for the Vodafone debt they have included?  I've only done 118 loan s. 77 & capital one credit cards so. 78    Thank you  
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have you heard of these guys?


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I'm new so apologies in advance if i make any mistakes!

 

Have been in contact with a company 'Core Management Services' claiming they can write of debt and reclaim interest from creditors if the credit card agreements were made before april 2006 (section 77/78 blah blah blah)- assuming they are flawed or that the creditors cannot produce the original document. They say i would have a case for sure if my balance had been increased without me signing a new CCA. They want £295, which they assure me I would get back, whether I have a case or not. I asked them how they get paid, they said they take a commission off the costs they would claim from the creditors, but no money from the redressed balance or interest charges won back by myself. The £295 fee is required for booking a court date. They say they would be able to tell me within 28 days whether or not i had a case. If not, money back. If i did have a case, 6-16wks for proceedings, money back at end also. I have had a look at the citizen's advice bureau website - they say some companies such as this are acting illegally by 'taking on' a debtor's debt. Core management services say this does not happen with them, the debt would, at all times, remain mine. They say i can pay the £295 anyway I want, but if i was to put it on my credit card, and i won, it would be like extra money due to the fact the court may rule in my favour. If it didn't, money would be refunded anyway (win or lose or no case). Their authorisation number correlates with the one on the Ministry of Justice website.

 

They say my credit rating would not be affected, only bettered if i won. They say worst case scenario, i would just be in the position i am today.

 

I hope i've made myself clear - not feeling particularly articulate today for some reason!

 

Thankyou for any help and advice you can offer.

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Hello and Welcome, haybales.

 

You can do it yourself, with help from people on this site for the price of a few stamps.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks - i'm a bit scared of doing it myself in case i make a whole new world of financial mess to live in......:eek: - The reason it sounds good to me is that you get your money back whatever, and solicitors do it for you. Do you think i'm being naive? Or is it just wishful thinking that something like this COULD actually happen, and i'd be better off?!

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It is very naive - one of these companys (in fact the same people had three companies) has had their MOJ licence revoked, there almost certainly are others in the pipeline.

 

As long as you follow the advice on this site you should be okay.

 

You couldn't be worse off, but occasionally there may be some money due back int he form of refunded PPI and other charges, it is this temptation that they play on.

 

There is also the risk that the companies you are claiming from put you on a 'black list' and you can never get a decent credit deal again from th industry - there is no 'proof positive' of this but I expect it to start emerging once this recession is over.

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ok, so where on earth do i start if i am to try this myself? If i was to attempt this myself, couldn't the credit card company just blacklist me anyway? Thanks for your replies, folks.

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Where to start, make a list of everyone who you owe money to and the amounts, get a folder for each one and make a front sheet (this will come in handy if you need to go to court - which may not happen but it is best be prepared). Divide the debts into secured and unsecured and then into the amounts, largest first, then smallest.

 

All the letters you need are in the templates, and I suggest you read the stickys on here too.

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NO - it depends on lots of different factors, ie how old the debt is, had you made any payments, was the debt in default, so you have to take each one separately unfortunately.

 

The keeping together of all the paperwork will lead to an interesting trail. You need to do that front sheet, head it with

 

Original Creditor

Original amount owed

Date opened account

Payments made

 

Then you need to send either a Subject Access Rights letter which costs £10 or a CCA letter which costs £1 to each party and wait for the fun to begin.

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oh gosh - i'm feeling really scared about all this - i've never been near a court in my life, and the thought of taking credit card companies to court....waaaaah! Anyway. None of my credit card accounts are in default. I have 2 - egg, and barclaycard. I'm still making payments and will continue to do so (i assume ?!). So i send a Subject Access Rights letter and wait for their response. And brick it in the meantime... Can they blacklist me for doing this?

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Right what you need to do first of all is obtain a list of penalty charges or PPI premiums by either looking through your last six years worth of statements or if you don't have a complete set request them using the letter below.

 

I can not stress how important it is not to sign the letter or cheque (use a postal order or get somebody else to write a cheque for you) and send all correspondence by recorded delivery.

 

 

 

Data Protection Act 1998 Subject Access Request

 

Dear Sir/Madam,

ACCOUNT NUMBER:

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

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,

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Hey, Stroke a badger.

 

Thanks for the morale boost :D

 

To everyone: Do you think anyone on here would be willing to be an unofficial 'Claim Buddy'? I'm so scared, and maybe someone willing to be a friend could help me. I know it's pathetic, but i just can't afford to get myself into a worse situation. I'm sure you guys all know what I mean! I'm just looking for someone to run things past who has been in the same situation, i.e. asking credit card companies for copies of my original agreement and checking to see if i could have a case for redress of balance/charges.

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I am more than happy to help :)

 

Do you now if any of the credit accounts have had late payment or over limit charges applied to them. also does PPI apply to any of the accounts.

 

I would suggest you first submit your SAR, then request a copy of the credit agreement under s78 of the CCA. With Barclaycard you will have a task and a half getting a copy as they seen to at the moment refuse to play ball with out taking them to court. This is what I am currently looking to do.

 

DO not pay a company to do something you can do yourself for free, it sounds scary but it is VERY empowering. I started in 2007 by claiming back charges applied to my HSBC account since then I have helped friends and family to claim back PPI, Penalty charges and also close down a couple of credit card accounts because the creditor could not produce a copy of the credit agreement.

 

If you continue to maintain your account while you are claiming back charges or getting the creditor to close your account if they can not produce a copy of the credit agreement it theory your credit rating should not be harmed, however i would suggest signing up to Experian or the like and check your rating every couple of months.

 

To sign up to Experian go though Quidco and get up to £18.50 cash back.

 

Quidco - Free Experian Credit Report cashback

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Sorry about time delay - toddlers wait for no man! Thankyou SO SO much. Good to know there's still kind people out there!

 

Right - i signed up with Experian. One job done.

 

Ok - Egg - maybe only one late payment charge since 2005 (when agreement started) maybe more.

 

Barclaycard - quite a few late payment charges. As for over limit penalties, i'm not sure.

 

QUESTIONS:

So i will do the SAR this weekend and post them on monday. Recorded Delivery?

 

Is there any particular department which will take notice of such a letter. And i will remember not to sign the document!

 

Are postal orders accepted by CCCs?

 

Thankyou!;-)

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Remember to cancel the experian account within 30 days otherwise you will be charged a monthly fee for there services.

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Thread moved to Debt Collectors Forum.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I know i asked this earlier, but can I be blacklisted for trying to do this?

 

Oh, and on the SAR, I assume I type my name at the bottom of the letter, but DO NOT put my signature on it?

Edited by haybales
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