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    • Apologies if this rambles slightly I feel a little brain dead after yesterday    I just want to know if I'm being unreasonable in one of my points (holding them responsible for costs to possibly damaged engine if I can get an engineer report)    Basically broke down in a layby on the a43, steam from bonnet high engine temps   RAC arrives declares it a minor leak and tops up then says OK to continue (4 miles to services) then recheck and says fine to drive home   30 miles later large amount of steam from engine and lose power, get it to hard shoulder   Next rac chap arrives and says it blowing like that may have damaged engine as it now doesn't start, says it will need a crane truck as 4wd and auto says priority job as 3 children on hardshoulder in the rain (1 in wheelchair)    3 hours later, I've chased rac twice and been rung by highways agency twice (who have also complained to rac)    Tow truck arrives (flat bed) advise them we were told it needs crane and drive says its OK it will run, after cranking engine for over 5 mins drives it onto truck pouring fluid out the bottom   I can't help but feel that him cranking engine that much when pouring fluid is likely to have done alot of damage as well as being told to continue on a leaking engine    
    • Thank you. I’ll sit on my hands, for now! 
    • 29 Farage Garages? or Just the latest of many Johnsons Follies?     "New photos show how the county nicknamed the Garden of England may soon be more accurately described as the nation’s lorry park – thanks to Brexit preparations. The images show the full jaw-dropping magnitude of a scheme (one of 29 such) which will see 27 acres of Kent’s green fields ripped up and concreted over to create a sprawling 2,000-vehicle holding facility for trucks crossing the Channel."   https://www.independent.co.uk/news/uk/home-news/brexit-news-uk-kent-lorry-park-channel-crossing-b1278893.html   From comments: They promised us the easiest deal in history. Frictionless trade. And better jobs for the "forgotten". This is what we get. ... lorry dumps and portaloos that come to symbolize this incompetent callous government.
    • Top paediatricians have written an open letter to government about children going hungry and supporting Marcus Rashford's campaign.   https://www.theguardian.com/society/2020/oct/24/open-letter-from-uk-paediatricians-about-free-school-meals
    • It's not worth appealing because ECP won't listen, unfortunately, plus you can give the impression that if they lean on you, you'll pay them money when you don't need to. The only time we normally advise writing to them is if you get a Letter Before Claim/Action.   Best to say nothing for now and if you do get a LBC, we'll help you to draft something. Have a read around some other parking threads and you'll get an idea of how these people operate.
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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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Hello All,

 

And thank you very much for the help and advice that you give so generously.

 

I have been following that advice for six months now - 4 credit cards, 3 with MBNA and 1 with Cap One, all dating back to the early ninties. Six months ago I wrote using your template telling them that I could not keep up the payments. They both agreed to nominal monthly repayments and suspended interest. The accounts never went into arrears and I haven't had a missed or late payment in the past two decades. They have now told me that the suspension of interest and agreement to nominal payments has expired, that the accounts have now defaulted, and that they may sell on to a "vendor" (presume they mean DCA) in due course.

 

My objective is simply to delay and, if possible, protect my credit status - I should be able to get back on my feet over the course of the rest of this year and at that time will probably make them a good offer to settle the accounts. I have told them this in writing and, as a gesture of confidence and goodwill, offerred to increase the nominal payments that I have been making.

 

I am currently living off of overdraft and am scared that the bank could pull this at any time with minimal notice. I have taken cash out of the overdraft and placed it in a seperate account just in case this happens. Presumably, at some point the bank will do a credit check and find the defaults, prompting them to pull the overdraft.

 

My question is, what is the optimum time to request the CCA? Should I do it now, or wait until the CC companies begin to get heavy or assign the debt to someone less obliging? Remember, I'm really just trying to buy time here.

 

Many thanks in advance for any advice you can offer.

 

Haldeman

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Hi, I'm afraid that if the accounts have actually been defaulted

and registered with thje credit reference agencied your credit

status is already shot.

I presume that you received a default notice and could not remedy

the defaulty amount??

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Hi halde

 

It might be an idea to claim back any Mis-sold PPI on these account over the last 6 years plus with interest, also any penalty charges.

Have a read of 1,2,3,4,5 and 7 in my signature. They might owe you quite a lot of money.

 

http://www.financial-ombudsman.org.uk/publications/factsheets/payment-protection-insurance.pdf

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Yes, they issued the default notices and I was unable to pay. If they've shot my credit there doesn't seem to be much incentive to cooperate with them?

 

Given the age of the accounts (early 1990's) I imagine a CCA might cause them some difficulty?

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Halde, have you checked your credit files??

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I haven't checked my credit files - I guess they'll show the credit cards - is it worth doing?

 

And as for PPI etc., the accounts have never been in arrears so there shouldn't be any charges, and I always declined PPI since it was so obviously a rip-off

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An arrangement to pay is counted as default teccnically,

so each reduced payment will add arrears to the account.

Yes a CCA request may prove fruitful.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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An arrangement to pay is counted as default teccnically,

so each reduced payment will add arrears to the account.

Yes a CCA request may prove fruitful.

 

 

Should I send it now, or wait 'til they get nasty?

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It matters not really,but I would personally do it now.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Halde

 

It's important to send them Recorded, print off the signatures off the Royal Mail site, keep them safe.

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  • 2 months later...

Hi Guys,

 

Here's an update. I CCA'd MBNA (via Aktiv Kapital) x 3 and Capital One x 1. Two responses from Aktiv Kapital saying they (i.e. MBNA) can't find the documents and that "we will cease all further collections activity in regards to this matter." Good news, right? Should I acknowledge this in any way? Is it necessary to send the "you are in default" letter given what they have said?

 

So I have one outstanding CCA response awaited from Aktiv Kapital/MBNA. It is now well beyond the statutory period. I started putting together the "you are now in default" letter for Aktiv Kapital/MBNA, but then wondered whether I would be better to just keep quiet for now and wait to see what happens. I don't really want to rattle their cage if they have suspended action on all three of the accounts.

 

As for Capital One, they sent me what purported to be a reconstituted copy of an agreement from 1998 and told me that they were quite confident that it was fully enforcable. I, of course. have no way of knowing whether this copy is accurate or not. Also, I suspect that they have sent a reconstituted copy because they don't have the original. I have sent them a subject access request to try to flush this out. Do you think I should respond to their letter saying that I don't recognise the document and would expect them to produce the a copy of the executed agreement in order to confirm that the debt is enforcable in court? Or something else?

 

As ever, your help is much appreciated. I think you guys are providing a hugely valuable public service.

 

S

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  • 2 weeks later...

I've now got three letters (one for each account) from Aktiv Kapital saying that as MBNA cannot produce the CCA they are putting collection activities on hold. I've been paying nominal amounts to each account each month. Should I stop these payments now?

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up to you but if they cant produce an agreement then there is no enforceable debt, so in reality there is nothing to pay towards

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Yes stop. Keep all correspondence as the debt

is likely to be sold on at some point.

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Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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