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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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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 
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    • 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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Just out of interest, If I just stop my direct debits to my credit card debt payment (to a collections firm) and then relocate to another European country, can these people trace me and harrass me again, or can I wait out the six years and hope for the best

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can these people trace me and harrass me again
There are tracing agents which may be able to locate you, but much depends on how much information you leave back in the UK i.e telling banks or neighbours your forwarding address or even which country you're moving to.
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Thanks for the prompt reply, I would need to keep my account open for my disability allowance to be paid in, I am hoping to let my son move into my current house so he could just say he doesn't kknow where I am, but although I have been paying my debts every month I do pay the minimum they will allow me to but it still leaves me with absolutely no money to live on.. I wouldn't let anyone else know my new address abroad, and I do have a little place in mine right in the middle of nowhere but would the recovery people search for me or probably write off the debt, which amounts to about three grand for one company, and again for another three grand on a credit card. not a huge amount compared to some but huge for me. many thanks....

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I do pay the minimum they will allow me to but it still leaves me with absolutely no money to live on..
You should be telling them what you can afford and willing to pay.
but would the recovery people search for me or probably write off the debt,
For relatively small amounts like that they'll won't work too hard trying to trace you & even if they did it wouldn't be economically viable for them to try and pursue through a foreign court & they wouldn't be able to do it in the UK against a non-UK resident. Edited by cerberusalert
mong spelling
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  • 1 month later...
  • 1 month later...

Hello, I have three debts, two to Metropolitan Collection Agency for about £1500 each and one to MBNA for about £3000..

 

I was paying these off at approx £30 a month each but have now been made disabled due to Rheumatoid Arthritis..

 

I have been paying these debts off for a few years and although they stopped the interest I really don't seem to see the amounts going down much although I don't scrutinise the statements...

 

please can someone tell me how to write to these people and offer the sum of £1 per month as I believe they are obliged to accept this.

at present I am on Statutory sick pay and waiting for this to expire and then will claim ESA.

 

I have been ignoring the calls and letters since I stopped paying (stupid I know but I have to eat and I also have a injured dog who is costing money each month for bandages etc).

 

I stopped paying anything in June because someone told me they wouldn't take me to court over such small amounts but the worrying is getting to me now..

I am going to have yet another operation soon which means I will not be able to write for about three months..

 

. sorry for waffling but please help..

if anyone can help with a template

I would be so grateful

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I'm keen to know how to go about this too, everytime I call a debtor they persuade me I have to pay £60 per month minimum for late water rates and £15 pcm minimum for a credit card debt.. Im running out of money that can be skimmed from the food bill, or from clothing and other essentials :(

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Hi Rebel, I did claim back from MBNA and they paid £400 but instead of letting me have it, they took it off the balance which left me with another creditor called Investor Compensation who are demanding I pay them at £10 a month. they wouldn't listen when I told them I couldn't afford it so I stopped paying them too. Can I claim back from the HSBC bank for the debts which they have now passed to the Metropolitan Collection Agency, I'm sure I paid PPI on those loans but would like to be able to claim without having to pay at least 25% to someone. It actually took Investor Compensation over two years to get MBNA to return my PPI so I don't see why I should pay them off instantly. I have had letters and phone calls from IC and and Metropolitan which I have so far ignored. I had a call from MBNA when I defaulted and I told them that I couldn't pay the £37 per month they wanted and they told me to pay £1 from my debit card whilst they sorted things out and then 4 days after that they took the £37 anyway which left me and my dogs very hungry. so I don't want to fall into that trap again, (I cut my card up and asked the bank for another one so they can't take any more) I didn't even realise they could do that. Thanks for your advice though. and if you have a template letter for offering the minimut of £1 a week I would be grateful as I'm not very good at putting things properly in letters.

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  • 3 weeks later...

There is no template letter for arranging to pay debtors £1 per month. It's not actually £1 per month, it's what you can afford after you have deducted all your priority debts and living costs from your income.

 

It's not good offering £1 if you have disposable income of hundreds. You make up a budget sheet and send them that showing that you can only afford £x. Send the first payment with the budget sheet and even thought they will complain or say that isn't acceptable, just keep sending the £x.

 

There is no legal minimum or maximum and they know that if they were to take you to court the judge would make sure you had enough to live on before saying how much you should pay. One judge at one of the hearings looked at the budget sheet presented to him and asked 'do you smoke' the answer was yes so he took money off for that as well. That was a little while ago now and wouldn't happen today, but it shows how they think.

 

As long as your not trying to fiddle the books or see them off, then you say how much you can afford and, of course, only in a letter, never ever speak to them on the phone.

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I wrote to my creditors, explaining my circumstances and offered to pay £10 per month. I was unsure how to go about it at the time, but the ones I enclosed a £10 cheque with the letter accepted it and went along fine, the one I did'nt put a £10 cheque inwith the letter continued to hound me.

 

My suggestion is write to them and enclose the first payment with that letter. Also in the letter ask them to halt any interest, that worked for me, it was a few years ago, but worth a try. :-) Good luck!

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Has anyone else tried Hamster's strategy? I'd be very keen to reduce my payments to £10 a month but when you I speak to my various lenders on the phone they won't have a bar of it.

 

I've done it today, I wrote to them and explained that I have more outgoings than incomings and have enclosed a cheque for £5 in each letter, I have asked them all (3) to continue to send me monthly statements and I will continue to send them £5 per month.. I have not sent and income and expentiture sheet. I don't see why I should.. so am now just sitting quiet and waiting to see what happens.. I'll keep you posted :-)

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Has anyone else tried Hamster's strategy? I'd be very keen to reduce my payments to £10 a month but when you I speak to my various lenders on the phone they won't have a bar of it.

 

It's certainly because you are using the phone, and probably asking rather than telling. Don't use the phone, write and tell them and enclose the first payment with the letter.

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  • 3 months later...

Hi Caggers

I had two debts with HSBC which went into default... I then had a letter from Metropolitan Collections saying they had bought the debt and I was to pay them.. I arranged to pay them £5 a month for each debt and started paying last September...

 

Last week I got a letter from HSBC telling me they had passed the debt to another DCA(no mention of Metropolitan) and that the amount I owed was exactly the same as when I first started paying Metropolitan.

 

When I first decided to get everything in hand and pay all my debts I wrote to each creditor and told them I was willing to pay but that I would like a monthly statement.. none of them has yet sent me a statement, and good old Barclay card told me they would freeze the interest but have just sent me a letter with interest added.

 

It's enough to make me tear my hair out.. so now I have missed all the repayments this month and won't be paying anyone till I know what is going on!!

 

any suggestions would be appreciated.

Jan

Edited by citizenB
formatted for easier reading
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Hi Jan,

 

You do not say what the debts with HSBC are, are they for loans, credit cards, overdrafts?

 

Metropolitan Collection Services are HSBC, so is DG Solicitors, all in the same office.

 

As for Barclaycard, can you start a new thread for this please so the answers do not get too confusing, it helps to keep each debt to a separate thread.

 

Back to HSBC, you say it has been passed to another DCA, who is the DCA and are they collecting on behalf of HSBC or bought the debt?

 

Thanks

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi there.. thanks for the prompt response. The debt is for an overdraft.. the other one is for a credit card, the letter I had from hsbc was regarding the overdraft amount which has now been passed to MKDP LLP...

I am also getting a daily phone call from CSL4 (whoever they are) they say that they have an advisor who wishes to speak to me, I have told them that I will not answer their security questions and would they please communicate via letters but they still phone every day to repeat the process.

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Metropolitan dont buy HSBC debt do they ? Any chance you can edit personal detail and post the letter up for us to have a look at please.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have you written to them, confirm that you will only communicate in writing and are entitled to do so as per OFT Debt Collection Guidelines.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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