Jump to content


  • Tweets

  • Posts

    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • 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
        • Like
      • 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
        • Like
  • Recommended Topics

Can you make a deal with a Debt Collection Agency to completely settle a debt?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4831 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Dear All,

 

I have a Debt Collection Agency (the fourth courtesy of RBS) chasing me for £559.36 :|. Out of curiosity, can I make an offer (say £400.00 starting point, for example) to clear the debt once and for all? Or, will they simply hound me for the whole amount regardless?

 

All comments gratefully received.

 

Best wishes,

 

Milly

Link to post
Share on other sites

Hi Milly

 

Is the outstanding balance still owned by RBS or have they sold it.

If it has been sold and you are on the 4th DCA and not a sign of any court action it could be there is no enforceable paperwork.

What kind of debt is it? loan, credit card, overdraft?

When did you last make any payment or acknowledgement to this debt?

Who is the latest DCA and who were the previous ones?

 

Did you make contact with the previous DCA's, if so was there a reason to dispute the amount?

Link to post
Share on other sites

Hi alfwithhair,

 

Many thanks for your quick response. I'll answer everything to the best of my knowledge:

 

Is the outstanding balance still owned by RBS or have they sold it?

 

Not sure. The letter I received recently states: "This letter is sent to you by way of an introduction to Lowell Portfolio I Ltd. Acting on behalf of Royal Bank of Scotlandlink3.gif (the "Bank") and in accordance with the authority granted by the Bank on 30/12/2010..."

 

What kind of debt is it? loan, credit card, overdraftlink3.gif?

 

Overdraft (the balance of a 'part' refund of bank charges - I panicked, was exhausted with all the harassment and accepted an offer).

 

When did you last make any payment or acknowledgement to this debt?

 

Last payment was 23rd August 2006.

 

Who is the latest DCA and who were the previous ones?

 

Current DCA = Lowell Portfolio I Ltd.

Previous DCA = Wescot Credit Services Ltd.

Previous DCA = Moorcroft Debt Recovery Ltd.

Previous DCA = Intrum Justicia Consumer Collection

Previous DCA = Unidebt Collecitons (sorry, forgot about the fifth DCA!)

Original DCA = RBS

 

Did you make contact with the previous DCA's, if so was there a reason to dispute the amount?

 

I disputed the amount owed and I contacted RBS in July 2006. They couldn't supply me with full statements of the account and were unsure of the actual amount owed at that time. Therefore, I stopped payments until they could; they eventually sent statements in November 2006. I still disputed the remaining balance as it didn't add up, but they wouldn't listen to me.

I haven't heard anything from RBS, or any DCA's since November 2006. I've suddenly received this letter from the current DCA 1st February 2011, four years and three months later.

 

Hope this helps. If you need further information, please let me know.

 

Best wishes,

 

Milly

Edited by Milly Weeble
Link to post
Share on other sites

Looks like the account has been sold (Assigned to Lowell by RBS)

Have you looked on your credit file recently ?

The entries there should give you some information to explain whats going on.

If you considered that they did not fully comply with your SAR,then you should have told them so.

Do you know how the outstanding balance is made up ?

For example the portions that may relate to interest/ added fees etc.

What did the balance show on your last statement ?

What should the balance be taking away any repayments you made up to 2006 ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Hi MARTIN3030,

 

Thanks for your speedy response. Hopefully the following will help:

 

Have you looked on your credit filelink3.gif recently?

 

I've registered online for Equifax today and there's nothing showing on there; clean as a whistle. I've already been a member of Experian, so I'll have to wait for the £2 statutory report through the post as not entitled to 30-day-free.

 

If you considered that they did not fully comply with your SARlink3.gif,then you should have told them so.

 

I remember writing to them with concerns that they hadn't been deducting all my payments from the balance, but I received no response. I was psychologically exhausted by then (sounds dramatic I know, but true) so admittedly I let it slide.

 

Do you know how the outstanding balance is made up? For example the portions that may relate to interest/added fees, etc.

 

I now have absolutely no idea of what the outstanding balance is made up of. Originally (in 2006) the outstanding balance was the remaining balance of a 'part' refund of bank charges.

 

What did the balance show on your last statement?

 

The very last statement I received stated that I owed/was overdrawn by £1,302.00 - they then refunded £794.00 (I think, but I have kept the settlement letter as evidence) = £508.00 overdrawn. I'm currently being chased for £559.36. However, I need to go through all my statements from 2001 to 2006 to check they deducted all my payments. I haven't had a statement from them since November 2006.

 

What should the balance be taking away any repayments you made up to 2006 ?

 

Sorry, no idea - need to do some calculations before I know that.

 

Hope this helps.

 

All the best,

 

Milly

Link to post
Share on other sites

Ok thanks for clearing that up Milly.

Its strange theres nothing on Equifax.

If Lowell are updating your crf then you can assume it has been sold.

Yes I can see you have some calcs to do.

Your final statement from the bank should show balance and any charge off.

Under A CC request you would be entitled to ask for a statement of account,as well as details of any fees/interest added.

In fact you should be ok to ask for this under OFT debt collection guidance.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Personally I would do nothing. They have had more than enough time to take you to court for a relatively small sum of money. The fact that it's being passed on more times than some people change their socks tells me they won't go to court and just want a contact.

Link to post
Share on other sites

Personally I would do nothing. They have had more than enough time to take you to court for a relatively small sum of money. The fact that it's being passed on more times than some people change their socks tells me they won't go to court and just want a contact.

 

In all honesty, I just want them off my back once and for all. They sent me the letter 1st of February and they called me on my mobile by the 13th February. Really don't want to go through it all again, the threatening letters, harassing telephone calls, etc, etc...:!:

Link to post
Share on other sites

  • 3 weeks later...

Hello Everyone

 

Just received another letter from Lowell, part of it reads:

 

"The longer you leave getting in touch or paying off the balance, the more you risk further action being taken against you including legal action. We may also ask one of our agents to arrange a time to visit you at home to discuss your account and repayment of your debt if we don't hear from you."

 

What can I do or say if they attempt to come to my home?

 

All the best,

 

Milly

Link to post
Share on other sites

You can send the following:

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-

 

Just to cut through everthing (too lazy tonight to read everything:oops: when was the last payment from you paid on this account and to whom?

Link to post
Share on other sites

Hi and thanks for your reply,

 

The last time I paid anything on this 'alleged debt' was 23rd August 2006 (4 years, 4 months ago). This was paid to the fifth DCA (Wescot Credit Services). Lowell are the sixth DCA, so far.

 

All the best,

 

Milly

Link to post
Share on other sites

  • 2 weeks later...

Hello Everybody,

 

Just received a letter from Lowell's making an offer, as follows:

 

Pay in full - 75% as full and final settlement.

Pay 85% in 2 installments - as full and final settlement.

Set up a Direct Debit to pay the balance.

 

Any advice before I contact them with a view to getting rid of them for good!

 

All the best,

 

Milly

Link to post
Share on other sites

If you are going to contact them write to them. I'd offer a very low amount to start with and see what they come back with. As others have said this has been in the hands of so many different DCA's that by now it would have been purchased for next to nothing. I'd offer £50 to start on the condition that they confirm in writing that this a full & final settlement and that the debt will not be passed on to any other DCA's. I'd also push for them to remove any data on the CRA files as its always worth a try.

I would try to see what exactly is charges on the balance and personally would not offer them any more than £100.

Most important thing is everything in writing.

I once had similar thoughts on a demand for payment for a mobile phone contract I knew I did not owe, but like you I just wanted them off my back. I offered them £50 (from a £100 balance £50 of which were charges) which they refused. When I started to research the DCA industry it led me to CAG and my rights as a consumer. Hence the DCA got nothing!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...