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    • hehe know it very very well you are in scotland  you totally ignore  a private parking speculative invoice is NOT A FINE. in scotland they are a scam dx  
    • it does NOT SAY WILL... read it again... instructed does NOT MEAN WILL..it has no legal meaning... and the 'they' is not the legal debt owner.... stuff and all any 3rd party DCA can do, let alone any dca in the 1st place..no legal powers whatsoever..none of 'em. all the debt owner can do is the same as you or i if someone owes us money...start a court claim. dx  
    • I found it cheers Dave!!   I think focusing on lack of compliance with legislation should be the one, seeing as we just lost the case to them by not complying, it will be worth pointing it out. I also want to poi t out their m.o. Which is less than honourable to say the least. Hopefully the judge will side with the little old lady and not the peoppe who use deceit to line their pockets!!   She said she is happy to speak up but is kindly asking for assistance in the form of a bullet pointed printed paper for her to take in so she can read out her points and leave it at that (without rambling).    Straight and to the point!!    Daves post #66 is legendary 🙌    Thanks for the help guys 😊    Let's kick some ass    
    • I differ from my site team colleague slightly in the the six-month rule applies if you have asserted your rights within the six months. My understanding is that you haven't asserted your rights during that time. In other words you haven't informed them that you are giving them a single opportunity to repair and if they decline or if the repair fails then you are rejecting the car for a refund. Please correct me if I'm wrong. On that basis, you are covered by the consumer rights act but not in terms of the right to reject. You are covered under the consumer rights act in that you are entitled to purchase a vehicle which is of satisfactory quality and remains that way for a reasonable period of time. You don't have to prove that the fault existed at the time of sale – although that's what they will try to tell you and even the motoring ombudsman will try to tell you that. But the motoring ombudsman is an industry led organisation which pretends to be an ombudsman but in fact favours the industry and its advice is wrong and even deceptive. I think you should start off by writing both to the finance company and also to the dealership. Describe the fault to them. Send them the evidence you have that the windscreen was incorrectly fitted and the damage which has been caused as a result. Send in the quotation for the work and require them to respond within seven days and that they must agree that the work will be carried out by a competent professional an authorised repairer. Not one of their cheapskate once. Also, you will want them to agree to provide you with a courtesy car. Also have you incurred any expenses associated with this? Travel, car hire, cost of inspections –?? Have you told us the name of the finance company? My site team colleague is correct that if they cause any trouble then you should see them as co-defendants. You can be certain that they will put their hands up. It will go to court. You would sue them for the cost of the work. You would recover your costs of the installation plus your court costs. I don't think you will be able to sue for the rejection of the vehicle on the basis of what you tell us in terms of having not asserted your rights. However you will be able to recover the cost of all the works – making good everything so that the car is in the condition that it would have been in had the replacement windscreen been properly fitted. I wonder who fitted the replacement windscreen? I think I would be out to sue them as well. Post the draft of your letter to the dealership and also to the finance company here so that we can have a look before you send it off. Incidentally to answer your question about what should you do immediately,  I would suggest that you send the letter tomorrow. Wait until the end of the week. If they don't respond or if they respond negatively, then write to them immediately and tell them that you are not prepared to do without the vehicle. As they have failed to respond to your putting work in hand and you will be approaching them for the costs of all the repairs and if they cause you any difficulty in you will simply sue them. A bill of about £4000 is easy. It puts you within the small claims track so there is no risk of costs even if you lose – which is most unlikely on the basis of what you say
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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lost my job for health reasons, Nothing life threatening but would make working a set routine impossible.

 

I had major debts on credit cards which i didnt really think about as i could easily make the minimum payment plus extra. What i did not know or think about was the fact it would take manymany years to pay them off at that rate. I only found that out after reading posts on the internet.

 

The credit card companies were a right pain in the backside to try and arrange payment plans. Insisiting i paid them a figure i just did not have to give them.

I snapped on the phone and told them to get lost in a few choice words.

 

A day or two later i get a letter saying they are trying to help me and are not there to wind me up. That was it i flipped. I sat there with scissors and cut the cards, bills, letters up into tiny pieces.

Letters arrived i tore them up. Phone calls go so bad i had to turn the ringer off.

They sent text calls to the landline as well. So the calls arrived later than they are legally allowed to call you. I had fake parcel cards. Promotional leaflets, emails offering me cheap items & loans.

Obvious they were from these people as i used single email accounts for each company.

 

Mix up with useless staff at the social office who never gave me all the correct paperwork. I ended up owing council tax and rent. I took advice and everyone said these must be paid at all costs.

I offered them £2 a week. Which sounded silly to me but having nothing left at the end of the week broughteven that amount into reality.

 

They called me into an interview and said they could get £3 if they took me too court, I gave them a list of my incomings and outgoings and they said thats fine carry on.

 

I am ebarrassed to admit but i have debts with 8 different companies totalling around 50,000pounds.

These have been passed onto countless different companies all offering to help but asking for figures i just could not afford. I read that whatever i pay one companmy i should also pay to the others as you cannot pay them with a preference. I think thats right. Some of the debts are far in excess of the original credit limits.

 

Things went quiet for a while, phone calls for a few days then the odd letter. I was advised to file for bankruptcy but cannot afford to pay for it, I was told let them make me bankrupt which is no worse.

I dont care about my credit file as i have learned a big lesson here. I never want credit ever ever again.

 

This has been going on for nearly 4 years now and nobody has yet taken me to court, In the past week i have been getting letters every day sometimes more than one letter from mackenzie hall, The phone has started ringing at all hours again. They are threatening to send people to my door to collect on these debts.

 

What am i to do. I just cannot see a way out of this situation, Living on IB and income support. No other income. ANything of value has been sold to pay bills.

 

Help please what do i do next.

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Hi it's coming up to Christmas again and the DCA gutter scrapers are trying to build up the Christmas bonus again. This will all calm down again after new year. I believe that a large whistle alongside the phone is in order. You will know by now that these cretins go in cycles trying to get as much money from you as they can keep ignoring/ making proportional payments where you can and they will go quiet again.

 

dpick

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Hi DITW

 

Blummen Heck that is some RANT, I can just picture you shouting at them and cutting up your cards LOL. quite funny really, however that is easy for me to say as I was the same as you 2 yr ago.

 

You firstly need to chill and stop worrying, dont talk to them on the phone etc.

 

Now do the following and you will be singing like that little red breasted robin on the christmas card to your left.

 

Give us the names of all creditors and amounts you owe along with a brief description of all comms you have had with them, and any other info you have.

 

Soon as we have that info we can then direct you to the sane suite.

 

Mr

Regards..Mr Worried :)

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Get all the Mackenzie Hall letters together and contact Alan Stewart at East Ayrshire Trading Standards, he is compiling a file of their threat letters, that will get one lot off your back.

 

Don't reply to the letters by phone or letter, they will only harrass you more, this time of year companies are desparately trying to balance the books for their year end accounts in April and justify their bonus and commission payments.

 

Get onto Mr Stewart and he will get Mucky Hall off your back.

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Help please what do i do next.
Hi welcome to CAG. I know it hards to accept at the monent, you seem incredibly upset, but just because you owe money, it does not give them the right to behave in a way that distresses you.

The phonecalls, its quite simple, when you answer & they ask to speak to you. Firstly ask them to confirm who they are. If you don't want to speak to them (and you shouldn't), don't answer there security questions. Don't confirm who you are, your address or your DOB. This is catch 22, because legally, they are screxxxd, if they disclose any information beyond who they are, will be a breach of the Data Protection ACT. Don't be afraid of the phone ringing.

 

I had major debts on credit cards
The first step is to send each of them a CCA request. This is sent to whoever is chasing you for money, and not necessarily the original creditor.

Get yourself a file, don't destroy any more letters. Send everything recorded delivery.

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

Good Luck

 

Debs xxx

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Thanks for helping.

 

I have not spoken to them on the phone except the odd call when i picked up by mistake and they asked for me i say

who is calling then they dont respond so i hang up.

 

I have never replied to any letters they have sent either. Or phoned numbers for fake parcel deliveries. Missed item card with a stamp

i twigged that one was fake. Especially when i had bought nothing.

 

Sending a CCA or prove it letter i thought would cause more hassle for me, I know i owe the money but do not have anything to offer.

Would sending these letters cause them to write to me even more or phone more often.

 

List of people chasing me. wow i think i have had them all at some point. I found a post on the net last night about mackenzie hall, they

buy or chase debts that have had no success or have little chance of paying out. And use bully tactics. I can see both sides of the story to

some degree, i owe them money and they want t back. But i dont have anything to give that will satisfy them.

 

I read tonight MBNA have been slapped on the wrist for not helping customers like me, They didnt tell me i could make token payments

to my account. Them and Citi were adamant i must pay large sums before they will setup payment plans.

 

List of chasers.

 

Credit Security Limited

Westcot Credit Services

Lowells

HFO services

Clarity

Buchanan Clark & Wells

Robinson Way & Company Limited

JB Debt Recovery

First Revenue Assurance

Scotcall Debt Collecting Services

Arrow Global

Cabot Financial

FIRE (Financial and Recoveries (Europe) Limited.

Geoffrey Parker Bourne (Collecting for BCW group)

McDonald Rankin & Partners

Asset Collection & Investigation Ltd.

Moorcroft Debt Recovery Limited

RED Debt Collection Services

Hamptons Legal

Bryan Carter Solictors. (Letter said they were filing court papers within 7 days if i did not pay, No court papers ever received)

Mercers

Credit Solutions

Fredrickson International Limited (Send a nice shiny payment card, Also sent letter saying they are taking me to court in 7 days)

NCO Europe Limited

Hodsons Solicitors

 

I had received threats and demands and dates they are filing court papers. But i never received any court paperwork.

That is one thing i checked for, Hoping they would make me bankrupt and get it all over with.

 

thank you all for helping

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oops i forgot mackenzie hall, They seem to have bought or are chasing debts from at least 2 of the names above.

 

The companies who said they are filing court papers in 7 days if i do not pay were dated 2007 or 2008.

 

But no court papers were ever received.

 

thank you all again.

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You mean the original CC companies and figures? MBNA,Citi,Barclaycard,Monument,Cahoot,Capital one. from what i remember Figures from just around £2000 to over £9000 which must have been a serious amount of charges as my credit limit was nowhere near that. I only have a few bits of paperwork left that missed the shredder after i told them where to go. I thought i kept the letter they sent me after that call saying they were there to help me. Shame i didnt record that call, How is insisting i pay a large sum i dont have helping me? They refused to stop interest or setup a payment plan i could afford. I didnt know at that time i was going to lose my job. I thought a few weeks off sick then all back to normal. thank you.

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Sending a CCA or prove it letter i thought would cause more hassle for me, I know i owe the money but do not have anything to offer.

Would sending these letters cause them to write to me even more or phone more often.

 

Aslong as you ignore, the letters & phonecalls will continue, and eventually some will instigate legal proceedings.

 

The CCA requests, won't make things worse. If they can't comply, it puts you in a position of strength. Because you know which accounts can or can't be enforced. Those that don't comply, put the account into "Dispute", and you can ignore there threats.

Those that do come up with your agreement, SAR them, get copy statements, the default notice, the notice of assignment....establish how much interest & charges have been applied to your accounts. Ensure that correct procedures have been followed. Do any include PPI. There are official letters you can send asking for the accounts to be frozen.

 

By doing it this way, you take control of this situation. I'm sorry to say, but ignoring them & shredding the letters will only make things worse.

 

Good Luck

Debs

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Thanks for the advice, I do appreciate it. In my current situation it doesnt look like i will be back in work anytime soon. If i was able to return to work then i what you suggest sounds ideal, Get them to prove the paperwork is in order and remove any unfair charges and interest. If i could afford it i would have gone bankrupt ages ago. If the debt collectors took me to court whats the worse that could happen? I have nothing of value, Council house. If the court ordered me to pay them, Would they have to take into account i owe several other companies and i must also pay them the same amount? Or would it be 1st come 1st served? Would the court look at my finances and make me bankrupt? Shredding the letters was my way of releasing tension after speaking to them on the phone, Then sending me a letter saying they are there to help. Why not setup a payment plan or tell me i could pay as little as £1 and they couldnt refuse it. It was the letter that really flipped me. "here to help" If they had been on the doorstep and said that i would have been arrested for murder. Sorry, I am starting to waffle on again. Shame i didn't find these websites until it was too late. If they take me to court would that not put an end to the calsl & letters, Court will decide what i can afford & thats it? How can it get worse than phone calls at all hours, letters almost daily, Some sent to my neighbours.? Thanks for the advice, I really do appreciate it even if my posts may not reflect it. I am still in a state of how could i let myself get into this position. Angry with myself and the companies for not helping me in the 1st place.

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Hi deep

 

Don't beat yourself up, it's not your fault. I know it's easier said than done, but try not to worry.

 

Your strongest bargaining point is that you have no assets and no surplus income, so there is no commercial point in them taking you to court. if they did then you would be allowed to pay in installments based on what you can afford. All this is very unlikely, but they will of course threaten it. There is absolutely no point in them trying to make you bankcrupt as you have no assets and this costs them a lot in fees for no profit.

 

In your situation you should be paying £0 p.m to each alleged creditor or at most £1 p.m..

 

There may be some options to get them of your back. You could try National Debtline who will give you good free and impartial advice. You could try your local CAB to receive some face to face advice.

 

x

 

vic

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I dont think i could talk to someone face to face about it, The embarassent, I wouldnt know where to put myself.

I did phone one of the debt people a long time back they said they were busy and would contact me back. Problem was the amount of calls i was getting at that time, I couldnt answer the phone. I read posts of people in similar situations and the advice given to them, That helped relieve some of the fear that they would break in and take anything not nailed down.

 

Being at home sick and watching daytime TV didnt help in that way. Watching the same TV shows repeated and a show about debt and bailiffs. They took almost everything from the persons house to scare them. Then went through the auction valuation where items went for pennies - the bailiffs charges and auction fees, The items usualy didnt make a dent in the amount owed. Even taking items they are not allowed to sell at auction.

 

Not the ideal program to watch when your on sick pay and had to turn the phone off because of the constant calls.

 

Can you tell this has been going around in my head for a long time.

What is the worst that they can do, Take me to court and the court will then decide a figure based on my income which is IB that is topped up by income support. Thats it. Doesnt leave a lot.

 

What would a court do in this situation.

 

thanks to everyone, i am really grateful.

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Hi ditw

 

You can do a face to face, honestly you will feel a lot better, or you could always call me for a chat.

 

Mr

 

 

I dont think i could talk to someone face to face about it, The embarassent, I wouldnt know where to put myself.

I did phone one of the debt people a long time back they said they were busy and would contact me back. Problem was the amount of calls i was getting at that time, I couldnt answer the phone. I read posts of people in similar situations and the advice given to them, That helped relieve some of the fear that they would break in and take anything not nailed down.

 

Being at home sick and watching daytime TV didnt help in that way. Watching the same TV shows repeated and a show about debt and bailiffs. They took almost everything from the persons house to scare them. Then went through the auction valuation where items went for pennies - the bailiffs charges and auction fees, The items usualy didnt make a dent in the amount owed. Even taking items they are not allowed to sell at auction.

 

Not the ideal program to watch when your on sick pay and had to turn the phone off because of the constant calls.

 

Can you tell this has been going around in my head for a long time.

What is the worst that they can do, Take me to court and the court will then decide a figure based on my income which is IB that is topped up by income support. Thats it. Doesnt leave a lot.

 

What would a court do in this situation.

 

thanks to everyone, i am really grateful.

Regards..Mr Worried :)

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2 more letters from mackenzie hall today, It is imperative that i contact them within 72 hours and settle the account.

 

Then goes on to say they will not hesitate to take action if i dont pay up. Well i wish they would do something besides sending

the same draft letters every week. Hesitation has already cost them money,

 

Also the letter was dated 8 days ago so i presume thats been and gone.

 

Numbers all changed from 0845 to 0844 now i see.

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Report Mackenzie Hall to Alan Stewart at East Ayrshire Trading Standards, he can get them stopped from sending the same letters the whole time.

 

Once you CCA your creditors they are supposed to stop chasing you - in which case you can report both the creditor and the chaser to the Office of Fair Trading and Trading Standards via Consumer Direct.

 

Have you got a file for each creditor where you can keep track of who is chasing what, it is easier to do that way rather than by date in a separate file, at one point Capital One had five separate lots chasing me for something which had been to court and thrown out!

 

Ignoring people like Mackenzie Hall, Westcot and Fredricksons is the best method, otherwise they will send increasing threatograms, some have even been known to send you a copy of your credit file with the particular debt highlighted, and pictures of your property.....

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I did wonder once whilst i was at the doctors a guy was taking pictures. Me being suspicious but thought

it was either a DC or the DHSS following me after someone who dislikes me made a false complaint, Saying

i was working. Must have been the most boring person to follow, I had not been out for 2 weeks prior to the

appointment. After the docs we were going to the supermarket but had to return home before we got half way

then back out again. Then i didnt go out for nearly another week.

 

Maybe its me being suspicious though. The DHSS made an appointment to visit me to check i was getting the right

benefits, Fishing to see if i was working more like but i had nothing to hide.

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Hi

Nope the DHSS don't make visits like that, what this was somebody working for the local council ensuring that you are reciving the corre3ct benifits. I know this as I have just had a check and apprently i am entiled to a higher rate of DLA, which the chap filled the form in and will ensure it is processed.

Next, the Jobcenre Plus who do the investigations [not the DHSS] are required to identify themselves if they want to come to your home. They don't work for MI5/6

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its not been suggested here yet, but get ahold of a recent copy of your CRA file

 

if you have no CCJ's listed, then carry on the good work - totally gnore the lot of 'em!

 

you have nothing to fear - there is no way anyone can break inand take your stuff withot them having a CCJ.

 

if you've not got the rent/ctax sorted, you need to concerntrate on getting those resolved p'haps by backdated benefit/rebates.

 

chin

 

you've donewell proud of you!

 

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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  • 2 weeks later...

Its strange reading posts saying someone is proud of me, I dont feel very proud.

 

I did answer the phone today, Withheld number.

 

Said they could claim back PPI and late payment fees,Interest etc, I said i dont have any loans or CC's they said am i sure. I said yes & hung up.

 

Fishing exercise maybe? They didnt ask for me by name and i hung up before they could ask me anymore questions.

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now that you have found CAG you will be right, take the advice given and if you havent already get your CCA's sent off, this will show everyone here whether or not your creditors have enforceable agreements, because to take you to court means that is what they are relying on in part. Try not to worry, another thing to mention, which will stop your phone ringing is to send a letter telling them to stop calling you at home, its blatant harrassment and they simply cant do it. Write and tell them that their only means of correspondence will be in writing, your phone will stop ringing and this will allow you to deal with one thing at a time.

 

good luck.

xx

fdao

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  • 2 weeks later...

Well Mackenzie hall have been busy today i received not one but 3 letters.

 

Letter One. Offering a full settlement figure with a very generous 25% discount, If i were to contest the actual figure im sure

at least 50% could be down to late fees and charges. So i must decline their super generous offer as i would struggle to pay even 1%.

 

Letter Two. Asking to setup direct debit or standing order and pay a figure i presume they plucked from thin air. I just worked out

it would take 18.5 years to pay it back.

 

Letter Three They are going to send an "AUTHORISED COLLECTOR" Can you have unauthorised ones?

 

All letters are finished with the usual, If you dont bow to our threats we MAY take further action.

 

Thanks to posts on here i would have been worried about collectors, But now i know they can do nothing.

So tempted to write to them and say i MAY talk to them but there again i MAY not. Unless they

DO take further action.

 

But i am still in the ignore them stage even though a couple of people have said send off a CCA. I was thinking

if i leave that a bit longer it may help to slow them down as the statute barred date approaches.

 

Still a long way off for that though. late 2012.

 

Thank you all again.

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leave this debt for now

concertrate on the other s and get those cca'ed if ness

 

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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Deep in the whatsit,

 

Just to let you know, your not the only one. Have 40k of debts people chasing but 90% have agreed token payments. others have half heartily and I have not even started on the CCA route yet. I own me own house jointly, ex-wife left nearly two years ago. Just about above neg-equity. Same as you embarrassed by one to one meeting with CAB. Nice lady though. Mind you the people on here are a lot more savy than she was. But her letters to my creditors showed me with a minus disposable income and so token payments. I don't envisage being able to start paying back anything like a reasonable amount for the next five years as Dear little ones are still at school and I have to support. That will make me 57 by then. So hey, I enjoy every day now and pay what I can afford. What's the worst they can do, (charging order on me house) please do> BR> please do, save's me the extortionate fee's of going BR.... I have had to endure two years of these threats from various DCA's, but the golden rule here is DON'T TALK TO THEM ON THE PHONE. DON'T EVER SET UP DIRECT-DEBIT AND MOST OF ALL SHOW THEM YOU ARE IN CONTROL.

 

You will get great advice from this site. So better change your username to Out of the Whatsit and with good friends now.!!!!!!

[sIGPIC][/sIGPIC]Happyhippy1959

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