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    • Sorry, I may have forgot to get back on this. Please monitor for a reply tomorrow
    • Yes, now its just about getting the WS / Court bundle finalised to send to the court / Evri. I've attached the most recent version of the WS / Court bundle to save having to scroll back up to the previous post (#204) where it was also shared. If you, @BankFodder or anyone else has any feedback on this, i'd be grateful for your thoughts. In my previous post #204, i'd also attached an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at Her mes - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender [origin] and the recipient [destination] - I have redacted personal details in the attached invoice.  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (the sender / recipient) is involved in this transaction. I have also attached this redacted invoice in this post to save having to scroll back up. Happy to get any thoughts and if this invoice is no good, then please let me know.   Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • Does anyone know if I would be allowed to record conversations with health professionals for my own use on my phone without them knowing. I know that we are allowed to record phone calls. I do record some of my phone calls for my own use due to my disability and if anything is said then I am covered. I would only record audio in private area's of myself and the professional dealing with me. I know I could not get and other persons audio in it and I don't intend to. my only other option is to buy a body cam but I am not sure the rules regarding this.I never thought i would have to but things are getting worse Thanks for any guidance 
    • Thanks for that. I will give them till Tuesday. Thanks for your help, very much appreciated. 
    • Ok thanks for that, well spotted and all duly noted. Yes they did eventually submit those docs to me after a second letter advising them I was contacting the ICO to make a formal complaint for failing to comply with an earlier SAR that they brushed off as an "administrative error" or something. When I sent the letter telling them I was in contact with the information commissioner to lodge the complaint, the original PCN etc quickly followed along with their excuse!
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Debt payment tactics ! Creditors refusing my offers


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Really? Without meaning to state the obvious, but I dont think that is quite correct. I will have a little wager with you, I bet they we all die and the world ends before you see a stop to people collecting debts. Dont worry... you wont have to pay it lol. So what would happen if you didnt pay your credit card bill?

 

I'd be happy to accept that wager with you. After all just look how much damage we debtors have done since the banks collapsed 3 years ago. Give it another few years and just see! lol

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I am glad somebody is at least agreeing with part of what I am saying. At the end of the day DRAs are the most economical way for creditors to deal with their debts. While they can use it they will. I think this want want want society is largely to blame. Letting people have high cost items on credit, based on what? A poorly thought out credit scoring system? I mean buy something now pay for it three years later? Who thought that was going to work? The person doesnt even have the original item anymore, and sure as hell doesnt want to pay for it. They let a situation get out of hand, and now they are paying the price. I mean somebody at some point must of thought, there is going to come a point when people are going to start having problems paying. I dont know, maybe we should not keep giving them money and goods? No you cant even goto the post office to send a parcel these days without them trying to get you to take out a credit card or a loan. Now the cost of everything goes up to try and counteract the problem, especially the insurance industry. They came up with the idea of sueing each other left right and centre, now look, 25% increases on every other premium. I actually believe the old saying of knock it down and start again, could sometimes be used.

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At the end of the day DRAs are the most economical way for creditors to deal with their debts. While they can use it they will.

 

That's the problem you see. DRA's can do sweet fa other than take someone to court and as we both know most never go near such a place because it costs them money to do so and the person they take to court will have numerous legal rights and protections etc. thats why they rely on the fear and intimidation route instead in the hope that the person just pays up.

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You are 100% correct. Now knowing that in your own situation what do you do? Sureley use it to your advantage? You know they can do nothing, they know they can do nothing, so from a negotiation point of view, you are actually in a better position. I have always thought that, and sometime wondered why people dont use it in better ways. I have tried to put the point across that if somebody ACTUALLY KNOWS what the outcome to be, then there are several different ways to approach it. Maybe its because I am looking at it from the point of view of what I know, and I sometimes forget that other people are not in my situation, but I assume that if I know something, then somebody else will. But every other one of these forums I look at, I cant help but think that a) people seem to be going the long way around things, and b)Some of these things could quite easily be sorted out.

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You are 100% correct. Now knowing that in your own situation what do you do? Sureley use it to your advantage? You know they can do nothing, they know they can do nothing, so from a negotiation point of view, you are actually in a better position. I have always thought that, and sometime wondered why people dont use it in better ways. I have tried to put the point across that if somebody ACTUALLY KNOWS what the outcome to be, then there are several different ways to approach it. Maybe its because I am looking at it from the point of view of what I know, and I sometimes forget that other people are not in my situation, but I assume that if I know something, then somebody else will. But every other one of these forums I look at, I cant help but think that a) people seem to be going the long way around things, and b)Some of these things could quite easily be sorted out.

 

Its not possible for things to be "easily" sorted out when DRA's display such levels of greed and do not give a damn about the persons situation.

Yes there are many that can repay and don't want to and there's no excuse for that of course.

But the vast majority are not like that and simply do not have the money to repay for whatever reason.

They then encounter an industry that threats them like dirt and threatens hell-fire if they don't pay up. That's when they end up on sites like this out of desperation and other's give them advice etc

Anyway as for the "can pay but wont pay" when people see the bankers and mp's getting away with stealing millions and not being brought to justice for it then its understandable that others will think they can get away with not repaying debts as well.That example starts from the top and trickles down.

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Its not possible for things to be "easily" sorted out when DRA's display such levels of greed and do not give a damn about the persons situation.

Yes there are many that can repay and don't want to and there's no excuse for that of course.

But the vast majority are not like that and simply do not have the money to repay for whatever reason.

They then encounter an industry that threats them like dirt and threatens hell-fire if they don't pay up. That's when they end up on sites like this out of desperation and other's give them advice etc

Anyway as for the "can pay but wont pay" when people see the bankers and mp's getting away with stealing millions and not being brought to justice for it then its understandable that others will think they can get away with not repaying debts as well.That example starts from the top and trickles down.

 

 

You will never have a world without greedy people. I would be interested in knowing where you have got "the vast majority" from?, their certainly are people in financial difficulties, but I am not entirely sure it is the vast majority. I could be wrong.

 

DRAs are actually pretty automated these days. i.e human interaction is only made once contact is made either by yourself or by them. Its how you interact that is important.

 

For Example (again only commisioned debt). If you receive a telephone call, and you tell them to sod off, you are going to get called again. I have very little to do with telephone recovery, but this is a request of the creditors. They demand that DRAs are calling their debts, a certain amount of times. This is done by an automatic dialling machine, sorted by two listss. Payers and non payers. The more experienced dealing with the payers, and the less the non payers, satisfying the creditors demands. You tell them to sod of, then you just go back into the list to be called again, more than likely the next day. Its very similar with letters, all automated, the process is only stopped, or changed if contact is made. Think of it like a tree diagram, (if yes go left, or no go right) Its the same sort of thing. the direction they go in is based on what you say and do. They know their objective, and that never changes, i.e to get you to pay. That is their only objective, and they look at years of statistics to advise them as to what the best way to go about this is. I am sorry but what they do works, a large % of debtors are not even spoken to, either by phone or by letter. That makes no difference to a commisioned DRA. Because of the percentage that are.

 

If you fish with three rods, you are more likely to catch something, than one. If you send out 100000 letters a week, people are going to pay, and people are not, the ones that do are generating a lot of income. So what do you think is better for them? send out another 100000 letters or spend the time dealing with the people who wont pay, helping them with their queries? It is a numbers game.

 

If somebody knows what they want, I.e they lack funds. Can only afford £1 per month, then they need to stick to this. Keep a simple letter, with this offer (or an email) and send it to every creditor\DCA. But they have no obligation to accept without I&E, so people saying dont send them this. Are putting them back to step 1. (The lending code, does state they are entitled to ask for this)

 

If somebody is querying a bill with a commisioned DCA, then I cannot stress how pointless this is. They are NOT going to resolve your query. You need to goto the original company or creditor. They may try to fob you off, but be persistant. Remeber the person on the end of the phone is waiting til 5 oclock to go home, they dont want to deal with your query, so say "contact the DRA". Say this isnt acceptable, ask to speak to somebodie else. What people dont allways understand is these companies want you to write to them rather than be on the telephone. Because half the time people cannot be bothered to write a letter and complain, and the rest of the time they can effectivey deal with it at their own pace (not in real time).

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After re reading thread.

 

Metropolitan are HSBC inhouse DRA

TDX are a managment company that several creditors, and companies use to "manage their debt" I.E distribute it to DRAs, make general decisions regarding it.

BOS (Ironically) HBOS inhouse

 

You all know wescot and moorcroft etc

 

Hope this helps

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WTF is a DRA?

 

I know Dra is an abbreviation for a female doctor in some languages. Obviously in this context DRA is an acronym, but for the life of me I cannot see what it has to do with the debt collection industry.

 

All I can find is a few Democratic Republics of countries beginning with A, also it is an acronym for 'German Imperial Commission', but when it comes to German acronyms being used to describe DCAs I would have thought the one that sounds similar to nasty would be more appropriate, although nasty would do just as well.

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WTF is a DRA?

 

I know Dra is an abbreviation for a female doctor in some languages. Obviously in this context DRA is an acronym, but for the life of me I cannot see what it has to do with the debt collection industry.

 

All I can find is a few Democratic Republics of countries beginning with A, also it is an acronym for 'German Imperial Commission', but when it comes to German acronyms being used to describe DCAs I would have thought the one that sounds similar to nasty would be more appropriate, although nasty would do just as well.

 

Debt Recovery Agency

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Perhaps the OP would like to join in with the discussion? :roll:

 

Ha ha, I'm sure they would, given half the chance! :bounce:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 9 months later...

Hi All,

 

Just a quick update, for the last 11 months or so. I have been getting the odd letters here and there and still keep writing thesame letter to creditors about offers, typically around 25% of the debt shared on a pro-rata basis. Till date, noone has accepted any of the offers, I have had donations from family totalling almost £9k, and instead of paying off 1 or 2 creditors, If they all cannot accept the offer then it doesnt make sense to pay anyone. As I dont want to be in a situation where 3 loans etc are paid off and there are 3 remaining, but all the money in the pot has gone on paying the previous 3.

 

Recently, I had letters from Robinson Way via Horwich Farrelly, about a debt of around £6k, I have sent them an offer and wait on thier reply. I recently got another letter from GBP solicitors on another debt of around £2k. I am going to write another letter to them telling them of the offer on the table and whether they had accept it or not.

 

Any advice here.

 

Thanks in advance.

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Is any of this marked on your credit file?

 

This is simply going round the houses, there is clearly something very wrong with these accounts, they are either loaded with reclaimable fees and charges, or their paperwork is not up to much, otherwise they would have done something a lot sooner about it rather than pass it amongst themselves and keep making idle threats for almost 12 months.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks Baz for the post.

 

I really don't know myself, I have not got a recent copy of my credit file so I wouldn't know. When all these problems started in 2009, till date there isn't any one settled account. Some of the lenders i.e Halifax are happy to accept £1 token feel for almost 2 yrs now despite the fact that I have made offers. I wonder if its because of the fact that BM solutions is also my mortgage lender as well, and they know that they can always put a charge on the flat. Although no one has mentioned anything yet about the property.

 

I mean even the bank account with 2k on it, an offer of around £450 to settle, I have not heard anything back. Out of all creditors that I had their CCA checked, only HSBC credit card doesn't have an enforceable CCA, they are the closest that have offered to knock off 50% out of the 3.5k balance or so, which I rejected outright.

 

Not sure where to turn, I feel the chain of these debts is getting to me now, although there hasn't been any court visits/cases till date as I have always written back to the DCA's. None of my debts are with the actual banks anymore at this stage, all with one DCA or some random solicitor..

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If HSBC have offered 50$% off then you can seriously ignore them, there is not a hope in hell that they would put that case before a court.

 

You must check your credit files, you can use noddle, which is free, but your best bet is to send £2 to experian to grab your CRF, and then you can work from there.

 

You have to seriously ask yourself, if this has taken three years to get to this stage, are they really serious about you repaying what they claim you owe?

Honestly if someone owed me money, and they didn't respond within 6 months, then as long as all my ducks were in order, I would go straight to court.No fannying about with tame DCA's.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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If HSBC have offered 50$% off then you can seriously ignore them, there is not a hope in hell that they would put that case before a court.

 

You must check your credit files, you can use noddle, which is free, but your best bet is to send £2 to experian to grab your CRF, and then you can work from there.

 

You have to seriously ask yourself, if this has taken three years to get to this stage, are they really serious about you repaying what they claim you owe?

Honestly if someone owed me money, and they didn't respond within 6 months, then as long as all my ducks were in order, I would go straight to court.No fannying about with tame DCA's.

 

unfortunately with business's they have to abide by the OFT regulations that says that they expect all creditors to exhaust multiple methods of debt collection before going to court.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If HSBC have offered 50$% off then you can seriously ignore them, there is not a hope in hell that they would put that case before a court. BUT they will sell the debt on and the DCA may take action! It's happened twice now for me and I was also told by, what I considered an experienced Cagger to ignore the first threat as they couldn't go near a court!

 

You must check your credit files, you can use noddle, which is free, but your best bet is to send £2 to experian to grab your CRF, and then you can work from there.What is the significance of checking CRF's? My recent claim is for a very old BC which was never on my files but has now appeared as satisfied and then registered by the DCA!

 

You have to seriously ask yourself, if this has taken three years to get to this stage, are they really serious about you repaying what they claim you owe?

Honestly if someone owed me money, and they didn't respond within 6 months, then as long as all my ducks were in order, I would go straight to court.No fannying about with tame DCA's.

My recent one has taken three years! :!:
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If HSBC have offered 50$% off then you can seriously ignore them, there is not a hope in hell that they would put that case before a court.

 

You must check your credit files, you can use noddle, which is free, but your best bet is to send £2 to experian to grab your CRF, and then you can work from there.

 

You have to seriously ask yourself, if this has taken three years to get to this stage, are they really serious about you repaying what they claim you owe?

Honestly if someone owed me money, and they didn't respond within 6 months, then as long as all my ducks were in order, I would go straight to court.No fannying about with tame DCA's.

 

 

Why is the credit file very important, is this just to check what damage has been done or just to see the history. One other thing is the fact that over the years, I have had to live at different addresses often squatting with family members and these debts often have different address history as they accumulated over time. Is it better to call them up and change is to my current stable address now ?

 

Secondly, you mentioned that you will go straigth to court in your last paragraph, what will you do in court ?

 

Thanks.

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If you check your CRA files you may find a load of debt on there which may not be accountable to you, especially as you have moved around. I would do a check.

 

Robbers Way and GPB are two very very well known plank companies on this site, and Horwich Farrelly are solicitors for rent so again well known - all can be chased off by asking for paperwork.

 

Don't make an offer as you could be resetting the statute barred clock again.

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If you check your CRA files you may find a load of debt on there which may not be accountable to you, especially as you have moved around. I would do a check.

 

Robbers Way and GPB are two very very well known plank companies on this site, and Horwich Farrelly are solicitors for rent so again well known - all can be chased off by asking for paperwork.

 

Don't make an offer as you could be resetting the statute barred clock again.

 

Ahh thats a very good tip that you have provided there, I just read up the meaning of statute barred, so if they dont ask does that count as part of the clock, I admit that making offers on some of these loans may be counter productive. I was just looking for a way out. I will write the remaining of the companies and not post any more offers, I will ask for CCA instead and see what they come back with.

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