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    • "Under the rules of the Financial Ombudsman Service, I'm required to ask Mrs B to accept or reject my decision before 11 May 2021".   I'd have thought it's a no-brainer isn't it?  You need to inform the FOS you are rejecting the decision irrespective of whether you get a reply to any SAR.  I don't see that any SAR response could possibly lead you to accept their decision.   (Unless I'm missing something obvious, there is no downside in rejecting the FOS decision, is there?  I presume there are no costs involved?)    
    • Hi   You are more than welcome as we are here to help.   What you have here are 2 seperate issues.   1. Rent Arrears/Termanation of the Property/Warrant for Possession   With the Rent Arrears I would advise to enter a Payment Plan but you must be aware that they will ask for your income & expenditure to set this up and if you default on the Payment Plan even just one payment they will reserve the right to withdraw that Payment Plan and proceed with Court Action so you must be fully aware of that.   I would also advise writing to them that you wish to Terminate the Tenancy of your Property (insert address) from reciept of this letter as per the Tenancy Agreement.  (if you do it this way and they accept that rather than going to court for warrant of possession to end your tenancy of that property you will only have whatever the time limit is on ending tenancy in your original agreement rent added to the rent arrears rather than all those added court costs etc.)  If you do it this way I hope they accept this and fingers crossed.   2. The way they obtained your present address via facebook and then turning up at your address without notification.       In there letter they ask what outcome you are looking for now this is only my thoughts:   1. That they argee and accept a Payment Plan for those Rent Arrears.   2. That they agree to accept your letter to End the Tenancy of your Property as per the Tenancy Agreement Signed.   3. An apology for the way your staff pouported to be a buyer of an item I was selling on Facebook only to obtain my new address and then your staff appearing at my new address causing me distress and anxiety by the way the acted at my property.   These are only my thoughts on the matter but you can change or amend anything to suit yourself    
    • did you inform lowells of your current and correct address during your earlier exchange before they issued the claimform? do you have the particulars of claim and know what date this account was opened? if the date was after you moved out you have a good case this was identity theft.   there is no rush doing the N244 get your ducks in line 1st.   dx  
    • How long do I have to send the set aside form to  court? I am filling the form I will send it very soon  in question 10 which kind of evidence do I have to send?   Thank you    
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      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.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      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.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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CITI Need some advice - who/where to complain? Data protection breach


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This might sound odd or even genius but i'm currently on an agreement with citicard 6 months reduced payments and frozen interest which is fine. I imagine they are likely to default me pretty soon as it is as of now 2 payments in arrears and the letters are getting petty now.

I have just defaulted on another unenforceable agreement so have resigned myself to the fact my credit record is shot to pieces for 6 years.

Now considering this Citicard is from 2008 and done online I imagine it will be enforceable so I have all intentions of paying but would my best option of paying it off for as near to the actual balance as possible be to let them terminate and sell it on to a DCA and repay them without the interest?

Sorry if this sounds strange and is a stupid idea but it just makes sense to me. Unless i'm mistaken the DCA wont add to the balance so i'd be saving thousands in interest long term and I think a f&f might be an option at some point.

Balance is about 4k and its on a 24.9% apr, but I can see that going north after this takeover and my situation.

 

To be clear : I am not trying to get out of repaying this, I just want to pay back the minimum amount I can.

 

Is this a stupid idea or worth doing?

Edited by Craigbadger
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It would make sense to do that, but have you tried going through the CCCS first and work out a repayment plan? They may be able to get the interest frozen or drastically reduced.

 

The trouble with the DCA's is that a few months down the line they want more money. Depends who you get taking over the debt.

 

Have you claimed back all of the Credit Card charges?

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Hi thanks for your quick response

The only thing is that I have another 3 creditors all of which i'm making real inroads with and wouldnt really want to lower payments to. 2 of these will be paid off within 12 months at the current rate, dont really want another default in a years time or anything.

+ I have serious grounds for reclaiming on 4 ppi policies and masses of charges, just a matter of waiting on SAR requests.

 

It is certainly something I will look at though and think about. No hastey decisions or anything. I'd be bankrupt by now if I hadnt of tripped over this site so I do take notice of what I read. :)

 

Thanks again.

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Good, well you seem to know where to go next with the charges and PPI. When you go after the charges you can add interest of 8% per charge or ask for the contractual rate of interest of 24.9% APR. They may kick up and refuse to pay that amount, but on Credit Cards you may get the purchase rate which would'nt be too far away from the 24.9%.

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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  • 2 weeks later...

Basically 3 weeks ago I spoke to a bloke from citicard, he called on a blocked number so I refused to give my details but told him if he knew who I was to confirm it and I would speak to him so he confirmed my name, address, dob etc and then took a payment off me on condition of the following. He said he had made an agreement for me to pay 6 months of 50% payments with no interest added and this would be detailed in my statement. Statement arrived today and nothing, charges and arrears added + interest and no mention of the agreement.

 

I did however get his full name and took note of the date and time of the call.

Where to complain?, pretty peed off with him tbh as he clearly lied to get my money and i'd now like to get him and the company in trouble for a serious data breach.

He made it clear he was a manager and had the power to hold the charges etc but clearly didnt do a thing.

Not surprised tbh but was gonna keep quiet as he had been helpful despite my initial bad attitude towards him.

Any advice :evil:

Edited by Craigbadger
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Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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The golden rule NEVER EVER speak to these liars on the phone in writing only.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Silly thing is I know that aswell and that was why I refused to give my details yet he really didnt care, just wanted money. I was happy to pay tbh and had planned to.

Will get some nice letters off to the above. Should I get 1 off to citicard aswell?

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You could write and request their Complaints' Procedure. Do not reveal your hand yet as they will deny everything.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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DO NOT let on about the breach and let the ICO go get 'em :D

"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.

 

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Will send a letter off this week to the ICO.

Surprisingly I recieved a letter confirming the agreement on friday and then phonecalls yesterday chasing money. Surely they must make some notes.

 

Ive decided not to name the agent yet as he was good to his word after me being rude. He was pretty ok for a collections agent despite the obvious cock up.

 

Think i'll send 1 about the state of my sar from Lloyds aswell. Turned up as a foot high pile of paper wrapped in white paper and selotape, massive tear and nearly falling out of the packaging. And to top things off they spelt my surname wrong despite what must be 700 sheets containing the correct spelling being in the parcel.

 

Will see what happens anyway.

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  • 2 weeks later...

Just that really. Ive got 4 days till a payments due and i'm really struggling this month. It was 2 months arrears before the arrangement.

Not that bothered tbh as ive defaulted recently on another debt, would just like to know. :)

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Would depend on a number of things, what was loan for, what was in the Credit Agreement, who/how did you come to the arrangement, have you received a Notice of Default yet, this would give an amount and a date to pay it by.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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It was a Citi credit card taken in early 2008.

Arrangement made on phone but have received paperwork(in a box at the old dears), no notice of default received.

All it said was something like pay £60 a month for 6 months, during which time no interest will be added and not further action taken providing I keep to it however the arrears from before will still be payable at the end. Arrears are about £260 I think.

 

Cant be sure exactly, guess I need to get the letter and see what it says.

If they default me for the arrears now I wont have them so I guess it will terminate :)

 

Half tempted to anyway and see if I can do a f&f as I have a fair bit of ppi reclaim money due.

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good chance it would. arrangement to pay is the one time a creditor actually has "goodwill". i think if they really fancy, they could default you without missing the payment.

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  • 5 months later...

I'm currently on an arrangement to pay citicard. Its 6 years and is being added to my credit history as arrangement to pay.

I just had a thought that surely this will still be on my history in 11 years time where if I was to just default it and repay at the same rate to a dca it would not show once the amount was settled.

Can someone tell me if this is right?, if so surely I would be better off long term to go ahead and default the debt.

With 3 accounts defaulted already this year I would not mind 1 more but dont wanna be effectively blacklisted for 11 more years.

To add my account is being sold to Opus on the 21st of november so I suspect these wont be honouring the agreement, esp after looking at the new fees they are adding ie £19 if they ring me.

Edited by Craigbadger
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they can add unlawful fees but only in relation to what is stated in the original agreement, not something they pull out of a hat

 

and dont forget, you can claim them back!

 

is not the arangement to pay a status report on the A/C?

 

so once its finished , the status wil show satified?

 

so not an issue

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The account is moving to Opus on the 21st so maybe its a generic agreement theyve sent. They have decided not to send me a card which I guess is not surprising.

 

See the attached pdf, this is from another account but shows the arrangement from sept 2007.

What im concerned about is that in 6 years time I will of paid the debt but will have 6 years of red arrangement to pay markers on so will still find credit hard where if I just default it now, it will be gone in 6 years.

exui.pdf

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yes but they'ed still report the D surely each month?

pers i think AP ans settle dwould be better than a row od 'd's

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no, [well yes if you dont pay or ack it!]

a DN or any info [markers] themselves disappear as they pass 6yrs.

the info on the A/C when settled, is held if people look that far.

but credit searches don't neither does your score.

 

so your A/C will be shown as setlled when you complete the AP.

thats ok.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 months later...

Sorry its not really DCA related.

In simple terms I decided late last year that I couldnt keep up with repayments a with an account with Opus(previously Citi). Using my personal judgement I decided to just let it default purely because I have 4 other very recent defaults and lets get the 6 years rolling asap then try and repay it later.

I just checked my Equifax and its showing as defaulted 14/02/2011 however i'm sure there has been no default notice. unless it was stuffed in with a statement.

Apart from a few arrears letters etc ive had no default notice. I dont have my statements here as they go to my mums so i'm going to go and have a proper dig through see if I can find 1.

 

What would be the situation had they not sent a default notice?, I imagine this is as serious as a bad notice but could they say they had sent it?.

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  • 1 month later...

Opus(was Citi)

Strange, I had been in an arrangement for a while and got to a point where I could no longer afford this. I decided i'd be best defaulting it so atleast the balance would be frozen then wait for the scrum.

Received a random letter in december saying that they had been unable to contact my debt management company(me) and the arrangement had come to an end.

Checked credit report and account shows defaulted early jan.

However ive never received a default or termination notice and there has been no other contact by phone or post.

 

I dont wanna contact them but this is really odd behavior imo.

 

Just wondered what people thought was going on here?

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