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    • for the sake of history, i've merged your old sadly failed charges reclaim court claim. have they ever sent you a default notice regarding this mortgage? dx  
    • I am financially at  point where I can see the light at the end of the tunnel regarding my debts. I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful). This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership. Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times. The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago. I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request. I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with. I also got my up to date credit file and this debt is not showing on it with the current creditor or any others. I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks. I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.   I have two questions (but am open to anything else anyone would like to add): 1) Based on the above, does anyone think this account enforceable? I do not think it is? 2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that. Thank you for any help or input anyone can provide. It is appreciated.
    • The main thing is to stop shoplifting because it could be worse next time. If you think you have mental health issues that led you to do this, please go and have a chat with your GP. They won't judge you and should be able to get you help if you need it. HB
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Speedcredit for all intents and purposes have lost their licence. Remember, the 28 days was just for them to submit the appeal. Their appeal still needs to be revised and considered and a result granted.

 

As for the others, we already have multiple reports from different posters that have quoted the OFT in correspondance saying that all the companies involved are under investigation due to a lot of reports.

 

We and a lot of other sites know, and indeed others have gone into great detail about how they are all connected. It's just a matter of time before it reveals itself to the regulators.

 

As for SC, do a search on a few other consumer sites. You'll see that SC have "sold" a heck of a lot of debts off during the appeal stage.

 

I will do, thanks for the advice, im still unsure to who actually owns my debt, isnt web loans processing not the other trading name for toothfairy? If so my hasnt really been sold if its in the same company

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Yep. Same company, just a different trading name.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They wont do that. To place a notice on a licence or to revoke it, they need concrete and absolute proof.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yep. Same company, just a different trading name.

 

What would the legality be if "marshall hoares" or Toothfairy demanded the money but are using the same bank account details?

 

could you not declare fraud against these guys as they are using banks account details( I know they were always toothfairys) that are the same as speedcheck/paycheck credits? Could you not claim you believe that they are a fraudulent company posing on behalf of speed/paycheck credit trying to take your money on behalf of this company claiming they are another company?

Edited by Placidbob
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There are no laws as such. Just guidance. This is because the current goverent favour big business over the consumer and wont change the law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ooo how marshall hoares love to email and threaten me 7 days a week, they dont even give me sunday off from the hot air

Ive had quite a few message off the today saying " thank you for your message passed to us from ndr, we will contact you in the next few days please bear with us", well ive never contacted NDR so i sent them a little message saying i hadnt contacted NDR and that they always say someone will contact me regarding my query but no-one ever does, and that their customer service skills are disgusting. to which their reply was

 

A senior case representative will be in touch with you in the next coming days,

Please bear with us

Yours Faithfully

Rebecca Franks

Door Collections

Marshall Hoares Bailiffs

 

now is "senior case representative" meant to scare me/ impress me? or are they just gonna get the biggest idiot in their office to contact me?

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There are no laws as such. Just guidance. This is because the current goverent favour big business over the consumer and wont change the law.

 

So really it leaves the consumers in difficult helpless situations, its not exactly fair is it, but thats the government for ya

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Exactly tink. However, you can force the regulators to use their powers as long as enough people complain. Unfortunately instead of listening to consumers, the government forces them to adhere to targets. So a certain level of complaints must be made before an investigation is even considered. It's a very biased situation and isnt looking to be sorted anytime in the near future.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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advice needed what to do regarding this , according to this it could be interpreted speed credit still own my debt so why would another company being dealing with their complaints, i do i find out who actually owns the debt, and should i be dealing with someone who doesnt

 

Dear ,

 

Thank you for your email. As I said in my previous email I have been asked to respond to your complaint on their behalf.

 

I look forward to receiving a substantive response to my email below.

 

Yours sincerely,

 

From:

Sent: 07 September 2012 13:47

To: ******************

Subject: RE: OFFICAL COMPLAINT FAO MARSHALL HOARES AND SPEED CREDIT]

 

 

 

Hi Joseph

I see you are contacting me from web loans processing which is another trading name for toothfairy finance, my loan was taken out with speed credit/MCO capital. can you please confirm why you are contacting me if my debt isnt with your company?

 

Kind Regards

 

 

From:

To:

Subject: RE: OFFICAL COMPLAINT FAO MARSHALL HOARES AND SPEED CREDIT]

Date: Wed, 5 Sep 2012 15:41:12 +0000

OUR REF:

 

Dear

 

I am sorry to hear that you have a complaint about the service you have received. The company attempts to treat its customers fairly in all circumstances and I apologise if you believe the service you have received falls short of your expectations in any way. I have been asked to respond to your complaint.

 

In the first instance, please accept this email as acknowledgment of your complaint. I hope that we will be able to resolve the complaint within 8 weeks. To do so, however, I need to know the full details of your complaint AND details of what action would resolve the complaint.

 

If after 8 weeks you remain unhappy you will receive a Final Written Response setting out the company’s position. If you are unhappy with the Final Written Response and wish to appeal further you have the right to make a formal complaint with the Financial Ombudsman Service. You must make sure you do this within six months of receiving the Final Written Response or you may lose your right to ask the Ombudsman to review your complaint.

 

The contact details for the Financial Ombudsman Service are as follows:

 

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

Website:www.financial-ombudsman.org.uk

Email:[email protected]

Phone: 0800 023 4567 or 0300 123 9123

 

ou may also be interested to read their pamphlet, “Your complaint and the ombudsman” which can be found atwww.financial-ombudsman.org.uk/publications/consumer-leaflet.htm

I hope that you find the information contained herein to be helpful and that we will be able to resolve your complaint to your satisfaction.

I understand that you have previously sent an Income and Expenditure form to Speed Credit with an offer of repayment. I cannot see that this has been received and I would be grateful if you would send it directly to me. Please also provide me with evidence of your financial circumstances such that it corresponds with the information in the Income and Expenditure form.

I look forward to hearing from you shortly.

Yours sincerely

 

Senior Case Representative

Web Loans Processing Limited

Tel: 0203 476 0520

 

 

Edited by alanfromderby
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Hi Tinkerbell, found this letter on another toothfairy thread, I would send them this as an icebreaker, making your resolution clear then take it to the Fos after the 8 weeks if they don't fold (you will need to request a confimation of deadlock letter from MHB), fingers crossed they will fold though :)

 

£xx is the loan plus the interest for either 14 days or 28 days

 

To whom it may concern

 

On *insert date you applied for loan* I applied for a loan of £*amount initially borrowed* on your website http://www.speedcredit.com which was accepted by you and due to be repaid on *insert date loan was due* and the amount due was *insert either £xx or £xx depending on if it was a 14 or 28 day loan*.

 

Due to various reasons I was unable to meet this commitment.

Despite multiple attempts to negotiate a payment plan with your company having failed I am still willing to repay the debt of *insert £xx or £xx minus amount of any payment made already*.

 

In order to repay my debt and proof that I am in no way trying to hide or run from this debt I am willing to repay the debt of *insert £xx or £xx minus amount of any payment made already* by the following means:

 

I will pay *insert amount* *insert how often, weekly, fortnightly, monthly* by *insert how you will pay, for example standing order* to your Barclays Bank Account Sort Code: 20-50-94 Account Number: 93462382 using the following reference number: *insert mobile phone number you provided in the application* starting on *insert date of first payment* until *insert date of last payment*.

 

I do not acknowledge any debt above the amount of *insert £xx or £xx minus amount of any payment made already* and if you wish to pursue such debts above the amount of *insert £xx or £xx minus amount of any payment made already* be aware that I am prepared to report each such attempt of yours to the relevant regulatory outfits plus if deemed necessary I am fully prepared to take all legal action necessary to defend myself.

 

“Below part only applies if you already made any payments”

 

In addition to above I kindly request a formal acknowledgement that I have already made the following payments towards clearing the debt:

 

1: Payment of “Insert amount by means of “how you paid, ex standing order” on date “insert date”.

2: Payment of “Insert amount by means of “how you paid, ex standing order” on date “insert date”.

And so on

 

Regards,

 

*insert your name*

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Tinkerbell: Your right would be a good idea to continue collecting the info and sending it to the OFT, but if they play nice and offer the correct reduction as well as a payment plan suitable, then you've won. They've came across as a bit more polite, send that (would include that the debt was in serious dispute before they bought it as well#) see what they say, if they decide to turn nasty, then we can take it from there:)

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Nope. No need to mention it unless needed. It's better to deal directly with your issue, then if they try to backtrack, you can call them out. I've helped someone else on here do that exact thing, and it resulted in all parties involved backing right down and accepting the debtors proposals completely.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Having read your other thread, I seriously doubt that was a bailiff. Have they got a County Court Judgement against you?

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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If i've just had a bailiff turn up at my door (I didn't let him in or anything) what are the next steps? He's "returning shortly" apparently. I don't want him to come again! What do I do now?

 

if he comes back ak him to leave politely if he doesnt tell him you are ringing the police, if he doesnt move ring the police

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How can I stop him from keep coming back though? I'm still getting email after email, going round in circles apparently NDR keep putting my payment off as a "goodwill gesture" but this has been going on for months. It's a joke!

 

mines been exactly the same email after email, they just dont seem to back down. just send them the revoke visit premisson letter again and if anyone one does come just tell them the police will be involved theyll soon get the message

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How can I stop him from keep coming back though? I'm still getting email after email, going round in circles apparently NDR keep putting my payment off as a "goodwill gesture" but this has been going on for months. It's a joke!

If he has set a time to come back get the police to attend ahead of his arrival and out of sight. They are in breach of their credit licence and it is a criminal offence for them to visit your property. If the police get his details then there will be solid evidence to report them to the OFT for criminal activity.

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