Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 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
      • 162 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

Goldfish card balance £nil/settled


jason_mnm
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4491 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

I took this Goldfish (part of Barclay) card in end of 1998 and I defaulted in 2008 due to job loss with balance £9800.

 

I was paying the minimum amount from 2008. Then in 2010 I wrote to Bank to write off the balance or settle for minimum account..

 

It was refused initially asking to increase the offer..

 

then I wrote back explaining my family situation and health situation requesting to write off and settle for £1000.

But they did not reply to this letter. I kept paying minimum amount.however after 7 months I checked my credit file and found the report shows the balance nil and satisfied.

 

I then called the bank and but the Indian call Centre had no clue about the account.

 

Then I requested advice from here from a cagger and he advised that as the balance shows £nil in the credit file and it shows satisfied, I should stop paying the nominal amount that I was paying.. I then stopped paying.

 

I have checked all my credit file and all credit file shows the balance £nil and satisfied.

 

Now please tell me as my credit file shows the balance £nil and satisfied, should I still pay the minimum amount or stopped paying all together. And if they can enforce the debt later as I have proof of all the credit file shows the balance £nil.

 

Please now let me know what u think of it...

Link to post
Share on other sites

prob written of against tax and put on a phishing list

awaiting a fleecer to buy it.

not yet brought

when it is

the bal will re-appear as it was with a new name against the debt.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

What date does it show as being satisfied with a £0 balance ?

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

Link to post
Share on other sites

Hmmm, this does seem wierd?

 

Are you receiving statements from anyone ?

 

I would be very concerned that I was paying money into a black hole ?

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

Link to post
Share on other sites

If it were me, I would stop paying and see what happens.. but that might not suit everyone.. I simply dont know what to advise :(

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

Link to post
Share on other sites

Three possibilities, in my view.

 

1. Cock up. Bank has messed up. Stop paying.

 

2. Bank has sold it and zeroed it on your CRA report. They are planning to sell it, and have already marked it off against tax. Keep paying because...

 

3. As 2, but it HAS been sold and the buyer has not bothered to contact you yet. In which case, keep paying, as any threats of legal action (irrespective of who you are actually paying) could lead to a situation of estoppel – which would be good for you.

 

Without more information, or rocking the boat, there’s nothing more to advise. As you have not received statements they can’t charge interest. I’m not sure what happened to Goldfish accounts post-2008. Not sure where BC normally offload them.

Link to post
Share on other sites

Ive stopped paying for 7 months now after I checked all credit files show balance nil and settled.. .

Should i start paying the nominal amount again...

i just do not want them come with surprise or build up interest...

 

By the by this is what i found :

for an estoppel occurs when one party, by words or conduct, has led the other to believe in the existence of a certain fact situation

and the other party has acted to his detriment in reliance on that fact situation.

 

In these circumstances the party whose conduct created the difficulty may be prevented (estopped) from denying the existence of that relevant fact situation

and estoppel is a rule of evidence (and not a cause of action) preventing a person from denying the truth of a statement he has made previously,

or the existence of facts in which he has led another to believe (Curzon - Dictionary of Law) estoppellink3.gif is not restricted to property matters.

 

It is generally available in most situations when the circumstances are appropriate.

 

It is available and has been used from time to time for to defend against claims for repayment of money which ha been paid out in error.

 

One needs to distinguish between proprietary estoppellink3.gif and promissory estoppel.

 

Can this estoppel work for my this case?

Edited by jason_mnm
Link to post
Share on other sites

I think it's better to let sleeping dogs lie, unless you are specificially interested in and could successfully challenge any incorrect information on your CRA file

 

There can't be an estoppel here, as no promises to not collect on the debt have been made, and even if they have,

(by virtue of the CRA entry being zero'd and not chased - which is unlikely on balance of probabilities)

then that would only apply to the OC, who is the one recording the data.

 

It won't apply to debt collectors,

 

should the OC have assigned the debt elsewhere and washed their hands of it, which is highly likely if you were paying a nominal amount on a much larger balance.

(It's in their interests to write the debt off for tax reasons in such circumstances)

 

Of course none of this means that you shouldn't pay, as CAG isn't in the ethic of avoiding legally owned debts,

so if you wanted to establish what the situation is,

 

you could either DPA SAR the OC, (which would have no legal ramifications on their claim against you - they are still a data controller under the DPA)

which should reveal where the debt has gone, you can contact them to query it,

or you can restart your nominal payments.

 

Either of those 2 latter actions could result in you being chased for the debt, which may not necessarily happen if you don't do anything.

 

Link to post
Share on other sites

Hi jason

 

It is very unlikely that they would be able to produce a credit agreement from that period, even a 'Reconstructed' agreement, so if they ever attempt to pursue the debt, thats the first thing to ask for, send a CCA request. Goldfish probably disposed of agreements which didn't adhere to the CCA 1974, before they sold the accounts to Barclaycard.

 

Have a read of 4and 5 in my signature, for a better understanding.

Link to post
Share on other sites

When we asked about my wife's Goldfish account, Barclaycard put their hand up and said they did not have a copy of the agreement and as such would be unable to pursue the debt through legal channels.

Don\'t let the B**tards grind you down

Link to post
Share on other sites

There can't be an estoppellink3.gif here, as no promises to not collect on the debt have been made, and even if they have,

(by virtue of the CRA entry being zero'd and not chased - which is unlikely on balance of probabilities)

then that would only apply to the OC, who is the one recording the data.

 

It won't apply to debt collectorslink3.gif,

 

My question how can that apply only to OC, not to debt collector as OC who make me feel that they have released me from the debt after I sent them a letter with my adverse situation ..

Do not know what should i do now? I just do not want to get in trouble....

Link to post
Share on other sites

why did you post your comment on that thread its not closed?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi

Responding to your PM

 

Not much more I can add than already has been mentioned.

 

My suspicion is that the debt has been written off on their books and the debt put into a pile for sale to the highest bidder.

 

I agree with stopping payments. As the debt is showing settled, it shouldn't be accruing interest.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Thanks guys for your kind advice. In fact this site is the best friend for people like us who needs little bit comfort in this stressful life created by these banks.

 

However as Silver says the debts showing settled, it will not accrue interest, what if OC does sell it to a DCA, will DCA accrue interest from March 2011 when the account been settled by OC?

 

Should I contact Goldfish to confirm if I have been released from the debt as credit file shows balance £nil or should I contact them at all?

Link to post
Share on other sites

no sit on your hands

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Unless it is stated in your terms and conditions that a third party who buys the debt can charge you interest, they cannot (IMO)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

i said sit on your hands

 

dont be tempted to do anything more now wait.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

As the other guys have suggested 'do nothing' at the moment, Goldfish doesn't hold your account, it was bought by Barclaycard. If they do decide to chase, send them a CCA request and if they can't produce a copy or reconstructed agreement, then after 14 days, put the account into dispute.

 

Thanks silver. Should I send CCA or SAR request?
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...