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    • I have been living with my partner since 2013. But after the birth of our son in 2014 things became unstuck. We were living together but I was making plans to move out, even viewed properties etc and therefore began claiming CTC and WTC to ensure that I could afford to go it alone. Eventually we worked it out but it has been on and off for years. In addition to this, I was in a lot of debt, had lost my job and knew that (selfishly) I needed the tax credits to keep my head above water.  My partner has no idea that I was claiming and if he finds this out he will leave me for sure. The house, the bills, everything is in his name. I work but I dont make enough money to contribute to the house as well as pay all my existing debts (my partner doesn’t know about half of these either). I  once had a bailiff call at the house and I had to tell him about it. He was so angry and mortified (as was I) and I just feel like I am bringing so much shame onto our family. I have been living this lie for 6 years and I couldn’t find a way out of it. I know I have made a huge mistake. I just want to pay it back and try to move on from it. I’m worried that I will have to go to court, prison, or they will want to speak to my partner about it. I really don’t want him to know about this because it’s so shameful. From my estimations it could be between 28-30K. I have absolutely no idea how I will pay it back, as we wouldn’t be able to claim any further credits as a joint claim because he earns too much money.  I haven’t eaten or slept in days. I feel physically sick and I just can’t cope with the guilt and humiliation. I did make false claims and now I’m worried I will pay the ultimate price and lose everything I have.    
    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Advice regarding Close Motor Finance


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Hello all, I have had finance with Close Motor finance since January 2009, and it expires January 2013, however, if I sell the car, but carry on paying the installments, is this illegal? Either way, they will still get there money but I could do with selling the car as the fuel price/insurance is costing me a fortune. I have never missed a payment with them. Thanks.

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It depends on what type of agreement you have.

 

If you have a conditional sale or conditional sale type agreement (by that I mean HP, Personal Contract Purchase and the like), you can't sell it without paying it off first as it's not technically your car.

 

If you have a fixed sum loan agreement, or credit agreement, then the car is yours and you can do what you want with it.

 

Check the terms of your agreement first before you do anything.

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Hi you cant sell the car and still make the payments it must be settled in full first some companies are harsh and if you sell without settling they may reposess car -it will be a hp or conditional sale by the sounds of it :)

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they are correct, i work for close and you cant sell the car without settling, anyway what idiot would buy a car and not hpi it to see if finance oweing????? didnt think so. you can sell and settle within 48 hours or get the buyer to settle it direct but you must be presnt with them and see there id and make sure the card is in the name as it could be fraud on a stolen car. if you sold the car and the person didnt hpi it then they would be classed as an innocent purchaser and would be allowed to keep the car but you would be asked foer the money to settle if not then you would be defaulted straight away and the deal sent to litigation, this would f*** your credit record up. any car on finance the v5 is kept in the purchases name, remeber this is a legal "keeper" doc and not legal owner, all docs have an invoice made paayble to the finance company and of course you ate paying the finance compant for it. you can part ex the car and if you have neg eq a deal can still be done. there are ways and we will help out

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they are correct, i work for close and you cant sell the car without settling, anyway what idiot would buy a car and not hpi it to see if finance oweing????? didnt think so. you can sell and settle within 48 hours or get the buyer to settle it direct but you must be presnt with them and see there id and make sure the card is in the name as it could be fraud on a stolen car. if you sold the car and the person didnt hpi it then they would be classed as an innocent purchaser and would be allowed to keep the car but you would be asked foer the money to settle if not then you would be defaulted straight away and the deal sent to litigation, this would f*** your credit record up. any car on finance the v5 is kept in the purchases name, remeber this is a legal "keeper" doc and not legal owner, all docs have an invoice made paayble to the finance company and of course you ate paying the finance compant for it. you can part ex the car and if you have neg eq a deal can still be done. there are ways and we will help out

 

You Work for close? ohhh there is gonna be some sh1t hitting the fan at your gaff really soon mate sit back and watch the fireworks!!

 

its took me four years but ive gathered solid eviedence of document tampering, failure to act in accordance with the data protection act, forgery of documents, misrepresentation of fees, repo'ing a vehicle with over one third paid without a court order, forgery of insurance documents, proof that your firm lied to trading standards and the financiancil ombudsman service to avoid having to repay monies owed to me under the terms of the CCA 1974.

account notes showing employees openly stating that they want my vehicle and not my payment instructing other employees "do not attempt or chase payment, if misssed term and repo", despite all payments being up to date, and planning a repo on an up to date account for three months, with no contractual justification for repo'ing. recording a default with CRA's which does not comply with the data protection act or the ICO'S technical guidance to lenders...

 

i could go on, but lets just say, i very much doubt any of you goons will have seen a more comprehensive file of evidence to prove that you are abunch of theving little cowboys who are in no way fit to hold a consumer credit licence and at least three people, two managers, will have to loose their jobs on this one.....i cant wait!!

 

there are some people in this world who you just dont pick a fight with, because they dont give up, even when they loose a few battles, and they dont go away untill their opponent is defeated, your firm is about to learn that lesson....

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