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    • Hi,   Like Filrobbo I finally had some success with reclaiming against KJK investments I eventually had to use a pension claims specialist but in the end after 10 years of banging my head against a wall the FSCS have finally awarded me compensation for my loss and terrible investing from KJK. Anyone who is trying to regain their lost pensions, keep going.
    • Ok so helping a Male friend.    Friend and daughter 16, he has full custody of her, was due to flight out for a holiday to Spain for Christmas. The Spanish government, along with a list of other countries, said they were banning UK flights over a new strain of Covid. They did not know until they got to airport as they were due to fly on the 22nd first flight of day. I have searched and cant find anywhere to say the the UK Government/foreign office closing air travel.    Wizz air rep was useless just told them to contact Wizz air as they cant fly. Friend contacted Wizz air who said well the flight is still going ahead so you fly or you cancel. Wizz air did not budge so they had to cancel. Was not a package deal but the hotel has cancelled and refunded without any problems within a few hours of request. Flight went ahead Wizz air still not budged re flights and insisting they were cancelled and a fee is to be paid.   They have been arguing for months over the refund. He is still waiting and feels its unfair that he is waiting months for a refund when not his fault and that he has to pay a cancellation fee for the flight when it was the Spanish government that closed the boarders to all but citizens. He is not saying he does not understand why just he could have been treated better. Money went out quick enough but cant press a button to refund him.   He has been to the CAB but found them utterly useless. What are his rights on the cancellation and what legal argument can he use. He has thrown at them lots of phone calls, yes l have told him to stay of the phone but he wont listen to me on that and as he is big enough to know better but then stuck between a rock and hard place.    Oh and just so you all know they did not go without a few presents and Christmas dinner. They came and Socially distanced collect a care package from me containing food the presents l had brought them already and a little extra.   
    • I've had to hide your last post.  You left both the PCN no. and the vehicle registration no. showing in both PCNs.  Please redact & upload again.
    • @BankFodderI've made some slight tweaks to the letter, would appreciate your thoughts....  also I'm not sure to keep the bits in bold - what do you think? /-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-   I am the executor of my father’s will and as such I have authority to bring legal proceedings against you on behalf of his estate.   On 2 September 2019 my father bought a Jaguar XF  3.0d V6 vehicle, registration number XXXX XXX, from you.   You know all the basic facts but for the record I'm setting them out here for your information and for the benefit of the court.   ·        My father purchased the car from you in September 2019, however the car was not collected until October 2019. ·      In less than two weeks of having the car, it started to demonstrate some serious defects and as a result the car was returned to you to repair the electrical faults. ·      The car was returned to my father in late January 2020, with the repair still outstanding, despite the fact that you had the car ostensibly to carry out precisely this repair. ·     My father made various attempts to contact you and to discuss the matter with you. In March 2020, a full six months after the purchase of the vehicle, you collected the vehicle ostensibly once again to carry out the repair of the electrical fault. ·       The car was eventually returned to my father six months later in August 2020. It seemed the original electrical fault had been repaired, however upon return of the vehicle, a further fault then presented itself whilst under your possession, in the form of a loud ticking noise from the engine. ·        You commented that you had topped the engine with oil as it had been running low, and your only suggestion was to take the car on a long drive. ·       My father followed your instructions, and this did not resolve the problem. Still in August 2020, the car was returned to you for further inspection and repair. ·         Since August 2020 you have been in possession of the car and apparently the repairs are still outstanding. There have been extensive exchanges between yourself and my father by text message and phone calls and you have informed my father that the repairs were still outstanding and in fact the car is now in an undriveable state. ·         As you are aware, my father died in January 2021 and myself and other members of my family have attempted to contact you to return the vehicle. There has been extensive exchanges between you and I, by text messages and phone calls, regarding the attempted and outstanding repairs of the car. ·         We have asked you repeatedly to advise us of the location of the car together with photographs so that we can make our own assessment and possibly carry out our own inspection and you have not provided any of this information. ·         You have given us various excuses such as, the car is awaiting parts to be fitted, the car needs new parts (turbo charger, crankshaft), the parts are being sent for re-conditioning, to most recently the car needing a new engine, but again we have not been permitted to visit the vehicle to carry out any inspection or to assess the situation for ourselves. ·         I have previously asked for access to the vehicle, and you have refused this, so I have been unable to understand the condition of the vehicle as it is now. In addition, I have been prevented from understanding what work may have been carried out so far and have also been prevented from obtaining my own comparative estimates for the work which you believe needs doing. ·         Not only have you withheld access to the vehicle, you have apparently moved it to new premises and refuse to divulge its whereabouts ·         I have made strenuous attempts to contact you and hold a dialogue with you and you have failed to provide me with the information requested.   Since the beginning of April 2021, I started writing to you formally, sending you three letters and have received no reply. This situation cannot go on any longer. You sold a vehicle to my father which has been scarcely driven since it has been purchased and which has now been in your possession for 20 months (to date).   The car is not of satisfactory quality and my father has not had the use of the car for most of the period of ownership and has been deprived of substantially the whole benefit of the contract.   I take this to be a fundamental breach of contract and as such I consider the contract has been terminated by you and so I require you to refund me the purchase price of the vehicle.   If I do not receive payment of £10,995 from you within 14 days then I shall begin a County Court action and without any further notice.   Yours sincerely  
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MBNA CCJ/CO (Rest K) - sold to Marlin


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Hi Cad!

 

Thanks for that! Was going to send them an email as i really don't want to talk to them so will send em a PO with reference number etc etc and a quick note with an explanation on it! How's that sound?

 

Bil..

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  • 2 weeks later...
  • 1 year later...

just had a letter from Restons threatening me to fill out an I&E form etc etc and if i dont send by 17th this month they may cancel my agreement

( wonder if the court will mind as its part of the ccj payment they set) and instigate legal/ and or recovery process!

 

 

ow can i ignore the sods as its a court ordered payment?

or can i just send em a snobby letter back pointing out the obvious?

 

Any thoughts please!

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Hi Cad! Hope your well? Yeah i get same sort of thing from optima... But this one from Rectums states if i dont reply by 17th then they will cancel agreement and seek the usual court baliff etc etc...

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The court have set the amount to pay.

As long as you keep to that, there is no chance of bailiffs or any other enforcement. If they wish to increase the amount.

They need to apply to the court. Just tactics to increase payment.

I wouldn't worry mate

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Cheers Cad! So i dont need to bother with a letter for them then? Cos i really cant be bothered writing to them, but would like to point out that ive never missed a payment and its a court order etc etc!

 

Thanks as always Cad"

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Did you reclaim everything you could to help off set this???

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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"Dear Pestons,

I currently pay as per the court's order, and have complied with that order scrupulously.

 

You have requested a further I&E form from me.

I am aware only the court can order this or amend the current order I pay under.

 

I was considering seeking an order from the court to reduce my payments due to a deterioration in my financial situation but I was concerned about finding the funds to pay for such an application.

 

If Pestons are suggesting they will fund such an application (for me to produce an I&E for the court, and the court to consider amending the order under which I currently pay), that would certainly avoid me having to find the funds for such an application 'up front'.

 

Please let me know if you decide to go ahead with your offer of funding such an application."

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  • 3 years later...

Afternoon Chaps!

Been a long time,

 

had an old MBNA debt (ccj and co from them.)

Optima had sold the debt on to MEIII and were adding interest to the credit card debt etc etc

 

they have never ever sent any statement of account,

never informed me they were going to charge it etc etc.

now optima are passing it all on to mortimer clarke...

 

i now have three different letters with three different amounts owed!!!

The last one from Optima was roughly where the amount should be after paying all these years!

 

Now MeIII shows it at £6.5k more than Optima,

yet last year they sent me a ie form showing a balance of even more than MEIII!!!!

Confused i certainly am?

 

So question is which one am i entitled to believe?

 

Regards..

 

Bil.

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  • dx100uk changed the title to MBNA CCJ/CO - sold to Marlin

to stop everyone scanning all 500+ posts and 22 pages...

 

The OP got a claimform from MBNA which they returned form 9 admitting the debt and offering £20PCM

MBNA latterly went for a CO , which is only a restriction K, on a jointly owed home, which changed nothing.

 

debt with CCJ/CO was sold to Marlins.

optima legal to date have always been the payment receivers, even after sale.

looks like Marlin have moved to Restons.

 

pers

i'd get an SAR off to MBNA

SAR to Marlins

SAR to optima legal.

 

lets get all the paperwork and see who is lying about the balance

 

 

 

 

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 months later...

Lol. Yes I remember seeing this as an original.

 

No interest permitted on a CCA debt like this

Unless it is under the courts act, post initialising proceedings. section 69 county courts act.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • 5 months later...

Good Morning Everyone!

 

Been a little while, but would if possible like some advice?

Have thread long time in running ( it's here somewhere i believe?)

 

old MBNA debt passed on to MEIII from Optima ( vast difference in amounts owed, last from Optima was 17.6k they were adding interest when they shouldn't have) Sold to MEIII for 15.7K.. i knew the amount was smaller as i've been paying £20 a month towards this debt via court order etc. etc. 

 

just had a letter from Mortimer (with finally the correct amount 9K.). It acknowledges that i'm continuing to pay my debt off, but would like me to pay by instalments of £120 per month to clear debt off sooner! Now there's no way i can afford that amount, i can't even afford an extra £1. So they've asked me to get in touch to arrange my new plan?

 

My question is

can i file this with the rest of the old letters from all the old DCA's or politely remind them i'm paying via court order?

Oh! And can i safely ignore this rubbish? And just carry on paying as i've never missed a payment to all 4 of my creditors!

 

Thanks in advance to all you kind people

 

Bill.

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If you have been paying as per this for a long time - Then I think there are some rules that stop companies from forcing you to pay a higher amount. 

Id have to check the FCA CONC Sourcebook but currently just continue paying accordingly is the advice I would offer. 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks for that, have been paying all 4 creditors the same amount for 10 yrs now! each get £20 per month as that is all that's left after the end of month i literally have no money left!

 

I hope as per usual its a DCA trying it on to get more money?

It sort of makes me laugh when it starts thank you for continued payments we want you to pay only what you can afford! then invite me to call and pay six times more than i can afford???

 

Love them!

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Gotta fund the Summer Party somehow... Have you been to a company doo like this? I have... Its not pretty.

It gets messy and the people who pay are you! :(

 

On a serious note. I think that £20 is way too much... If you are pushing yourself... Reduce it to £10 a month or even £1 a month. 

Other people might say different - Id listen out for other advice, just adding mine. 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Don't think i can do that as i'd have to go back to court? As all these debts are all from old CCJ's?

 

Bill

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Yes they all were and i have to pay each £20 pcm which is all i could afford then and now! Does that help?

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  • dx100uk changed the title to MBNA CCJ/CO (Rest K) - sold to Marlin
On 30/08/2020 at 12:15, dx100uk said:

to stop everyone scanning all 500+ posts and 22 pages...

 

The OP got a claimform from MBNA which they returned form 9 admitting the debt and offering £20PCM

MBNA latterly went for a CO , which is only a restriction K, on a jointly owed home, which changed nothing.

 

debt with CCJ/CO was sold to Marlins.

optima legal to date have always been the payment receivers, even after sale.

looks like Marlin have moved to Restons.

 

you keep paying what the court ordered and ignore them.

nice they've eventually got the figure right...

 

 

 

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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