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    • Hi I hope all are ok in these trying times. I assume most of us will be in the same situation with employment etc. I am obviously still intending to follow through my complaint against MB. However I do have to make decisions as I have found myself as will most people at this time left with a reduced minimal income, with all I can forsee is an impending up hill struggle for the forceable future. So not sure what, if any options I still have, I am presuming VT was only an option earlier on and a court CO excludes that option, I cant continue to honour the finance payments and cant even begin to estimate any timescales I would be again financially stable. So im basically trapped but want, no I need to get rid of MB all together, they can have the car and I learned the expensive way! MB recently emailed a letter (which is copied below) in it they refer to a recent termination, this is the part that is very confusing as its my understanding they terminated the agreement in March 17. They also inform they have placed the collections on hold, but then heres the cheeky bit, they do however want me to basically store the vehicle, tax and insure it, as per the agreement (the agreement that they already state was terminated) until they continue with their collection process; Due to the Coronavirus (COVID-19) pandemic currently affecting the UK and wider world, we’re emailing to update you on what will now happen regarding the collection of your vehicle, following the termination of your Moneybarn vehicle finance agreement. We won’t be collecting the vehicle at this time Normally, following termination of your agreement, we would arrange for an inspection and collection of the vehicle. However because of the current Government imposed lockdown, we are not currently able to collect vehicles until further notice. What will happen next? Nothing for the moment. We’ll contact you as soon as there are any developments in the Government’s stance and we know that we’re able to resume our normal vehicle collection activity. What do you need to do? We would appreciate if you can please keep the vehicle taxed and insured for the time being, as per the terms and conditions of your finance agreement. We hope this information is helpful and clear. Please stay safe and well, and if you need to contact us with any questions, please check out the latest information on the best way to reach us at So they state termination, then expect to lay down instructions for me to comply with as per my finance agreement T&Cs. To look after the vehicle that they do intend to continue collection of. If everythings terminated and in other words I have no right to the vehicle, Im not prepared to comply with instructions in line with a non existant agreement (I dont have to) and have a good mind to charge them storage. However l would much rather just leave the car, send off V5 to change ownership and be done with it and consentrate on getting justice for their mistreatment.   
    • No it isn't funny, but there have been murmurs on Social media, dfesn't take much for twitterati and FaceBork to go off on one. Some in our area have been on about shooting the Goats in case they spread the virus, people in a panic are unpredictable.
    • If she has had a note from the NHS saying she is vulnerable and should shield, then she should stay at home, and there are special regulations for this   If not, she has choices a) go to work; asking for a copy of the risk assessment, and how she will be able to be at less risk than usual b) see a GP about her stress and get signed off c) resign   Lots of people are anxious about the current situation. Lots of people also work alone in offices or far away from people or at home.     What people don't get to do, is expect their employer to keep paying them in full, for no work, because they are anxious. So, she needs to choose. I think b) seems right for her, but tat's just based on what you have said, and no idea what her job is.
    • So next knee jerk cull all pets? Maybe the Urban Fox populastion could spread it  there arfe many viruses that spread between animals,  but don't jump to humans Don't think they would be that draconian
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shifty50dog

wifes halifax CC debt

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you know how much a CCA costs , as above when they put the £1 fee toward the account

 

as for the cost of the cra file

 

its free if you have a debt or credit card in her name

but you must cancel within 30days..

 

as for the intimation of the old wives tales

that getting your cra file 'alerts' your creditors....

 

unless you change details on the file - it wont

as they cant see your search

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks for the PM Shifty...

 

If you have sent a SAR to Halifax, then that should enlighten you to what paperwork they have and what perperowrk they DON'T have.....however if you constantly being bombareded then this is a good letter to send, make sure you keep a track of all the times and dates you are called. If you keep on getting threatening letters then this is a good letter to send, just make sure you keep a good paper trail and send all correspondece by recorded delivery.

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (names of previous DCAlink3.giflink3.gif's / Bank here) yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand or a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

I trust this outlines my position clearly enough for you

 

Yours faithfully...


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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There are no terms or conditions or apr on this application form just merely states this is a credit agreement regulated by the consumer credit act of 1974 but clearly states application form

 

1sr credit are relying on printed out documents with my wifes name and address no credit card agreement number on these printed out documents wich they alledge state the T/C my wifes signature is also not on these copies.

 

Been looking on the OFT guidelines relating to 1st credit sanctions of 2009 under article 184 of the consumer credit act of 1974 that 1st credit cannot sell or pass this debt to a 3d party or associated partners they would be in breach could you check this out 42man on the OFT web site.

 

There are loads of interest charges what i have noticed about these that there are two interest charges per month same date different amounts. Round about £300 in late fee charges cannot see any ppi charges that does not mean they have not applied them 1st credit state all these charges are valid to the agreement and will not budge.

 

1st credit have also requested details from my wifes gp to confirm her illness wich i told them about but refuse to answer what they intend to do with this data.

 

1st credit have sent a letter of assignment dated july 2011 but written two seperate letters different dates saying assignment october 2011.

 

They insist my wifes admits liability to this debt and makes an offer of payment or agreement to pay.

 

They have now refered it back to connaught collections.

 

I am pretty sure they will be reading all this thread. I have stated that i intend to report them to the OFT for improper conduct and threatening my wife with a judge not refering to ccj first also they state they cannot trace this letter they sent. Ihave refused to respond anymore with 1st credit but will demand letters of default and termination notices please respond and offer any pointers on my remarks here.

 

Thanks shifty

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did you ever check the cra file

 

that would be a very good pointer if it does not show

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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