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    • In August 2018, I took out a 2 year contract with Virgin-pay monthly with handset included and payment by DD.   Everything went fine until February 2020 when a new second DD appeared for £6 with a number that I did not recognize-as it was clearly a mistake, Virgin refunded the £6, I cancelled the DD.   In March 2020 the DD amount had been added onto my main account as a second line with handset. There were now also details of a loan in the amount of £204 for purchase of the handset. I asked for details of this handset-what type it was, where it had been sold, any evidence that I had purchased it, any documents with my signature on. Virgin's reply was that 'I had bought it at my local store'(they couldn't specify which one) and that the fact I had a handset(I have not received anything) was proof that I had signed to this.   In April I put in a SAR request for any documents showing that I was responsible for this. It took until June for a reply(I was generous with them because of the coronavirus) when files were sent, but there was no password included to actually access the files.  Repeated requests for it got nowhere and in August the contract terminated and I moved to 3. However, Virgin still had me registered as a customer on a second line and are attempting to take money out via DD which is now showing as a failed payment. They also have a default on my credit report for the £204.   I repeatedly requested the password but this was not supplied, Virgin stating that they had fulfilled the SAR by sending the files, whether or not they could actually be accessed.    Finally on 29/9 I was promised the password would be sent to me by text message within 3-5 working days. When that didn't arrive, I was told once again that they had fulfilled the SAR and that if I kept asking for the password, the SAR would be rejected as 'repetitive demands'. Then I was told they would supply the password, but it would take up to 30 days.    Today I have been told that my SAR has been rejected(no reason given) and that they only have to supply data from the last 3 months.    I am desperate to get this removed from my credit file, Virgin have provided no evidence, refusing SAR requests(sent by email and mail) and are now in breach of GDPR for failing to provide the data in a timely manner.   Any help on what my next step is to proceed will  be muchly appreciated!     
    • Even Bernard Jenkin of all people is saying that Dido should go, that was quite a surprise this morning in the Guardian.
    • Over 832k signatures on End child food poverty - no child should be going hungry Gov petition   https://petition.parliament.uk/petitions/554276
    • Send the SAR again registered post they have to reply. If they don't a Solicitor's letter will be the quickest way to remedy that. Glad you got the apology letter, keep safe with your Swift paperwork. A Solicitor will be able to point you in the right direction during this process of how best you can tackle Swift. Please come back to update.
    • hi.  i think they will be able to say manifest error that the markets stipulated some interest payment.  but the amount depends on central banks / libor rate ect and the amount of currency held and the length of time held. but they have deducted far too much so i am just wandering what sort of breaches i could write in the poc   thank you
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Really in need of dire help as to how to deal with a situation with Martson

 

Only just come to my attention that a letter was sent to my mothers address in London from Marston with regards to them saying they have a Magistrates Court Order due to No Vehicle Excise Licence.

 

This relates to an offence years ago when I lost my license (totally my fault and not disputing this)

 

The amount they are asking for is £772 which is way over the intial amount.

 

This is where is gets complicated as I do not live at my mothers address and have not done so in over 20 years!!!! No idea where they got that address from.

 

In losing my license the walls caved in as a result I lost my jobs and could not afford the rent on my property. A lesson well learnt and one I wont repeat. Yes i did buty my head in the sand as could not cope but am trying to rectify my wrongs now

 

I have with the goodwill of some close friends gone from Sofa to Sofa whilst seeking new employment.

 

I have now started to get myself back on my feet in a new job but essentially still of no fixed abode.

 

I own No car or any material belongings bar the clothes in a rucksack!!!!!!

 

I have sent them 2 emails with a proposed payment plan but got no replies. I today from fear called them only to be told that they do not accept a payment plan (although they do contradict themselevs on their FAQ section on their website as one part says they dont enter into payment plans and further down that they can!!!!!!) the lady on the phone told me that cause i have no fixed address they will send an emforcement officer to my address which I have no doubt put additional fees onto the already outstanding amount!!!!!

 

My mother is 63 years old and is registered disabled with Bi-polar and episodes are bought on by stress which this will no doubt will!!!!!!!!! she has spent three periods sectioned under the mental health act and i am scared that this company will just come around and put fear of god in her!!!

 

I have put this into an email and to the lady on the phone but she still insists that they will turn up

 

As I said before i do accept that I have to pay but cant as they want in a lump sum!! so have proposed over a period

 

WHAT CAN I DO - i have not the money - I have no address and no belongings !!

 

ANYONE ADVICE WOULD BE WELCOME PLEASE AS AT WITS END

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Hi Badger. First of all well done for getting your head out of the sand. I'm guilty of that and I know how hard it can be to get out of it.

 

I'm sure people with lots of experience will be here shortly to help you but I think it's important that you let them know that you do not live at your Mothers address and that she is vulnerable. I'd also get your mum to fill out a 'Claim of Ownership' stating that she owns all of the items in your house. It's your fine, they're merely trying to get the fine and no doubt trying to intimidate your mother. There's some great advice on bailiffadviceonline and also bailiffadversary but I'm sure you'll get what you need here.

 

It's really scarey I know but keep your head out of the sand and continue to ask for help. If you haven't got anywhere to live and no money to pay the fine they can't do anything about it. I would get you'll need to make a declaration to the court etc. but once again someone with lots more experience will be along to help.

 

One thing I know I can advise is NEVER call the Bailiffs. Do everything via mail. (Although I'm not sure how you will do that with no fixed abode.)

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Many thanks Craig ! Where do i get the Claim of Ownership form from ???? loathed to involve her too much as my mess and she natuarlly worries but want to do all to prevent these guys making her life hell!!! As i said my mess and i want to sort but not as they say in one go!!

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She goes to a solicitor and signs a statutory declaration cost around a tenner, that all goods in the house are hers, others will be able to be more specific

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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many thanks brassnecked - my fear being that they will continue to harass and that the result will be her having another serious episode. Bi-polar is horrendus and comes from taking on too much and not being able to control emotions!!! I am hoping probably in vain that they will respond to my emails !! but suppose i am being naive. Just wish that they would engage with me so I can sort without the need for them wanting to impose further charges and misery

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I'm sure someone with more credibility will be along but here's a Notice/Claim of Ownership. I've copied this from the consumerwiki, just adjust, get your mum to sign it and send it in.

 

BAILIFFS NAME AND ADDRESS

 

DATE

 

Dear Sir/Madam

 

Re: : Notice of Ownership

 

I write on the understanding you or your firm of bailiffs has seized, or is intending to seize chattels, vehicles, goods, or property belonging to me at the above-mentioned address in respect of an alleged debt belonging to somebody else.

I confirm that I am the lawful owner of the aforesaid and there is no entitlement enabling you to change ownership, possession, location, use and enjoyment of my property by way of a levy or a walking possession agreement.

This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility this letter is handed to the relevant person within your organisation.

Any attempt to subvert or rebuke this notice will result in an invalid levy and I will automatically file at court a Form 4 complaint with an application for costs against the certificated bailiff without contacting you further in this matter.

 

Yours Sincerely

 

MUM'S NAME

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I'm sure someone with more credibility will be along but here's a Notice/Claim of Ownership. I've copied this from the consumerwiki, just adjust, get your mum to sign it and send it in.

 

BAILIFFS NAME AND ADDRESS

 

DATE

 

Dear Sir/Madam

 

Re: : Notice of Ownership

 

I write on the understanding you or your firm of bailiffs has seized, or is intending to seize chattels, vehicles, goods, or property belonging to me at the above-mentioned address in respect of an alleged debt belonging to somebody else.

I confirm that I am the lawful owner of the aforesaid and there is no entitlement enabling you to change ownership, possession, location, use and enjoyment of my property by way of a levy or a walking possession agreement.

This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility this letter is handed to the relevant person within your organisation.

Any attempt to subvert or rebuke this notice will result in an invalid levy and I will automatically file at court a Form 4 complaint with an application for costs against the certificated bailiff without contacting you further in this matter.

 

Yours Sincerely

 

MUM'S NAME

 

That will do for a start, but the only sure fire legal way to make the bailiff cease and desist, is the Statutory declaration sworn in front of a solicitor or magistrate. If they ignore one of those they can get into big doo doo, It's a bit like someone proving ownership of a car that a bailiff has levied on because it was parked outside a debtors house, they may want to see a V5 even though they should have checked with the DVLA first.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hi badger. Mmm. Well in one way it depends on what your new job is and how well it pays. If you've found gainfull employment as a brain surgeon then you'll pay off your dues in no time. If, however, you're on or near to minimum wage then this is my suggestion...

One letter to Marstons detailing what you have said here, basically you are of no fixed address and have no possessions of leviable value. The address they have for you is your Mothers address containing none of your possessions. Furthermore she is disabled and vulnerable so please don't pop round for tea.

Second letter to the court that issued the fine. Detailing your current circumstances - no fixed abode, low paying job etc - and request a rehearing to assess your means and ability to pay ...

Rae

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Many thanks guys - I will be seeing her on Saturday - work permitting - so will get the form done then. I cant remember which court it was as was in London somewhere - is there anyway of finding out at all. I did dig out a payment card thing last night which you can pay at post offices etc etc - is it worth me paying some using that off the court fine ???????

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