123 Debt Solutions Warning!

[caledfwlch]

Hello, thought I better put this on CAG as an urgent warning to people!

 

I have just discovered that a relation has signed up with this shower, and they ARE a shower

 

They have 1 debt, of around £1500 and are on benefits - Employment Support Allowance and max DLA.

 

This shower has signed them up, and guess what, specific figures and fees were glossed over very quickly.

 

I have discovered that the relation is paying as an example, (I have changed figures for the moment) £100 a month to this Company.

 

This company, for managing just the one debt, is taking £50 a month in fees,

which if the relation was to stay with 123 debt solutions for the full term of paying the debt,

means 123 will be making over £2k in fees, DOUBLING the debt, effectively.

 

I am absolutely (insert extremely rude words) furious.

 

The relative is in fact extremely ill, and is unlikely to even survive the length of the repayment term

- heart and liver failure being only 2 of their health problems, but the company sold this to them as "doing the right thing"

 

This is an absolutely disgusting disgrace, and I am going to war.

 

To add to the insult, the relation, today, received an extremely unpleasant letter from the creditor,

because 123 Debt have not, despite their claims been in contact, and so as far as the creditor is concerned the relation has simply stopped paying anything.

 

So far, 123 debt solution have taken over "£100" and not even handed anything over to the creditor.

 

123 Debt Solutions also seem to be trying to box clever here, no direct debits etc for them,

they have taken the relations bank card details and security code, and have given themselves a Continuous Payment Authority taking payments every 14 days.

 

So my list of action is:

 

Get the CPA withdrawn at the relations bank

123 debt solutions told to.... go forth and multiply, and that they are welcome to attempt to go to court for their "fees"

I would love them to explain just exactly what they have done to a Judge, given the personal and health circumstances!

 

The Creditor contacted, and offered £1 a month

- the company involved does I believe have a bit of a reputation so screw them,

from what I can see this has gone straight to a debt collector, after 1 missed payment.

 

And every single regulatory authority who oversees debt management I can get my hands on contacted and formal complaints issued.

[Bazooka Boo]

OFT, TS, FOS, local press/media, BBC Watchdog, local MP......

[Conniff]

That warning should be extended to all of them, they are all the same, 'lets tip-off the less well off'.

[citizenB]

The most important thing you need to do is stop that CPA immediately. Write to the bank and 123 debt solutions.

 

Although the bank are supposed to act on the account holder's instructions to cease paying the CPA, we are seeing many banks not doing this or allowing the debt company to simply draw down funds when ever they feel like it. Even when a bank card has been reported stolen.

 

Please keep us up dated as regards to progress.

[caledfwlch]

Right, could do with a bit more advice/help here!

 

Angry Letter sent to 123 by me on relations behalf, with a signed authorisation from relation to allow me to deal with the company - I can PM a copy of the letter if anyone wants a read, it is polite (with great difficulty!) and is a serious and harsh complaint regarding sharp practice and misselling, ordering them to cease the contract with immediate effect etc.

 

They have received the letter (recorded delivery) and I think I will be sending a letter to the company that the debt is actually owed to, withdrawing all permission for them to discuss the relations financial affairs with 123 - is there a specific template I could build on for that?

 

123 have gone ahead and taken the next payment out today.

 

Natwest are absolutely refusing point blank to remove the Continuous Payment Authority. We have spent hours on the phone arguing with them, reading out the exact Payment regulations from the Financial Services Authority, and STILL they refuse. We have been through to supervisors and everything. And still Natwest are refusing, and claiming that 123 now have open access to my mothers account for the forseeable future, and Natwest will NOT do anything to stop it. They are effectively telling my relation she has lost control of her account, and this is an account the relation pays a monthly fee for!

 

So need some advice on how to proceed, and how to get the regulators involved, and Natwest preferably fined for breaking the Payment Regs, but the most important thing is getting the Continuous Payment Authority stopped. The staff in branch have absolutely no knowledge of the payment regs, but have read them after I showed a print out, but still bleat that you have to phone X number, and X number is refusing point blank to block payments.

 

This system must be absolutely ripe for fraud exploitation - set up a company abroad, clone a card in the UK, set up a continuous payment authority, and then apparantly, the fraud company could raid your account whenever they want, Natwest will refuse to block the transactions, and the Police will be useless, as the company is abroad, even if you cancel the card, Natwest will still honour the CPA apparantly granted, as its a Visa debit card.... WTF.

[caledfwlch]

Does anyone have access to find out the Owner/Director of this company? As I feel a letter direct to him or her may also have benefit, and anyone else named as being connected to the company. Company No is 06169935

 

I am on DefCon 1 and am going to War, cannons locked and loaded. At this point, I am so angry over it, I am likely to go to Liverpool and chain myself up in their office to bring media attention to their sharp practices, and how they missell services to terminally ill women on sick benefits - terminal enough to have been told she will never be medically assessed for ESA support group again.

[Stigman]

Current Directors:

Adam Michael Rudnick & Lee Mitchell Goldsmith.

 

Lee Mitchell Goldsmith is also the current Secretary.

 

 

http://companycheck.co.uk/company/06169935

 

 

Stigman

[cerberusalert]

The Payment Services Regulations 2009, regulation 55 (4) states:

 

“The payer may withdraw its consent to the execution of a series of payment transactions at any time with the effect that any future payment transactions are not regarded as authorised.”

 

This fsa guide has now been updated: http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_guide.pdf

 

Cancelling a regular

card payment:

 

When you give your credit or debit card

details to a company and authorise

them to take regular payments from

your account, such as for a gym

membership or magazine subscription,

it is known as a ‘recurring transaction’

or ‘continuous payment authority’.

These are often confused with direct

debits, but do not offer the same

guarantee if the amount or date of the

payment changes.

In most cases, regular payments can

be cancelled by telling the company

taking the payments. However, you

have the right to cancel them directly

with your bank or card issuer by telling

it that you have stopped permission for

the payments. Your bank or card issuer

must then stop them – it has no right to

insist that you agree this first with the

company taking the payments.

Be aware, though, that you will still be

responsible for paying any money that

you owe.

[caledfwlch]

Current Directors:

Adam Michael Rudnick & Lee Mitchell Goldsmith.

 

Lee Mitchell Goldsmith is also the current Secretary.

 

 

http://companycheck.co.uk/company/06169935

 

 

Stigman

 

 

I have just found a lovely site too, with a potential personal address so I can serve a formal complaint directly upon one of the directors so to speak. Having it coming home than through the office system might make them take action a bit more urgently.

 

http://company-director-check.co.uk/index.php

 

Funnilly enough, I heard about a young scouser in 2005, starting out, big dreams of management who may have served an 18 month custodial sentence for causing death by dangerous driving. Nowt to do with this obviously, just musing on my readings of the Cheshire Chronicle. I take an interest in the region. Its amazing these websites you can find though these days, you pop a full name in, and get all sorts of stuff!

[drop47]

I would also get the chief exec of RBS. involved. Its an effing disgrace. You will need to call the CAB national helping who will pass it on to TS. Before the for get involved you will need final response letters.

[caledfwlch]

I would also get the chief exec of RBS. involved. Its an effing disgrace. You will need to call the CAB national helping who will pass it on to TS. Before the for get involved you will need final response letters.

 

Aye, I am quite happy to go to his home's door and hand deliver the letter too

 

If I had customers actually coming to my house, delivering letters and knocking the door to instigate direct negotiations regarding my companys conduct, I would soon sort it too.

 

And just to make it abundantly clear, I am not threatening anyones personal safety, and nobody would have anything to fear from me visiting, apart from me wasting your time, and hanging around till I get an answer. This is not Doncaster Airport lol

 

But I do think a campaign of genuinely polite and friendly visits to the homes of business directors/owners even if all you get to do is knock the door whilst asking through the letterbox if they would consider a chat over a coffee about the issue involved, the sheer annoyance might cause companies to reconsider their behaviour, tactics and strategies. Roger Cook wasn't breaking any laws, and he WAS being fairly intimidating, door footing and so on! We could make a charitable organisation for it, the Roger Cook Foundation, Helping Companies Get Better

[huggy41]

i would also stop all payments going into that account just open up another in the same branch until they sort it out

[Bazooka Boo]

Yep I agree, vote with your feet, close the account and open another with a different banking group.

 

Enter into Cr@pwests complaints procedure and exhaust it.

 

Make a written complaint to the manager of the branch you spoke too informing them that you fully intend on making their staffs refusal to comply with the legal request to stop the CPA, as public as possible, and this will include but not limited to BBC Watchdog & your MP.

 

Close the account.

Close the account.

Close the account.

[Fred Bassett]

This is a disgrace. Good luck, I hope you are able to sort them out.

 

Regards.

 

Fred

[caledfwlch]

Well!

 

Today, I have received an letter from 123 stating that the Account has been closed, and no fees are outstanding, and that they will not attempt to withdraw any more funds.

 

Very pleased to get this sorted without a fight, and only with one letter.

 

I think its going to be a scrap with Vanquis whom the relations only debt is with though, they have already begun bombing her with 2 different DCA's!

[lookinforinfo]

 

I think its going to be a scrap with Vanquis whom the relations only debt is with though, they have already begun bombing her with 2 different DCA's!

 

A letter to OFT and T/S about fitness to hold on to their credit licence as that comes under Physical and Psychological Harassment

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

see page 18 s3.8

[caledfwlch]

A letter to OFT and T/S about fitness to hold on to their credit licence as that comes under Physical and Psychological Harassment

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

see page 18 s3.8

 

Turns out the relation was mistaken and its another letter from the same DCA. Will be sending them the same as been sent to Vanquis, an offer of a £1 a month, or write the debt off since she is terminally ill.

 

Looks like we no longer need to worry about blocking at Natwest, however I will be preparing a serious formal complaint, including when exhausted NW's process to the FSA to get NW charged the £500 fee, regarding their refusal to obey the law and block the the Company.

[citizenB]

caled, do you mean the FOS and the now increased £850.00 fee

[caledfwlch]

caled, do you mean the FOS and the now increased £850.00 fee

 

That will be the one!

[Bazooka Boo]

Good keep the pressure on these morally bankrupt criminals.

[caledfwlch]

Quick update.

 

Vanquis telephoned me today regarding the debt, as I say, I am acting on behalf, and included signed written authority from the relation.

 

They wish to see evidence of her terminal conditions - I think they actually are considering writing the debt off in full!

 

We have been digging around, and we have found a letter from her GP, on the practice letterhead, which iirc was used as part of an ESA Tribunal she attended, it is fairly basic, but it specifys that she has Congenital Cardiac failure, Renal Failure, and a few other bits and pieces, all stuff that can only get worse, and compounded by even newer health problems - at the moment there seems to be something new, or getting worse every week.

 

Would this letter be enough as evidence?

[Bazooka Boo]

IMO, I am extremely loathed to provide ANY unqualified untrained DCA such personal private information.

 

They are debt collectors, NOT doctors!

 

Sorry but it just makes me mad that these total imbeciles think they can just demand to see any documents they want.

 

There is no evidence to suggest that even when they are provided with this that they intend to 'write off' the debt.

 

In fact it will be highly unlikely they will do, they will simply wait and then claim off the estate, that is how callous these clowns are.

 

Others may disagree and advise differently, but I honestly would never give these tin pot DCA's who have NO legal authority to do anything, least of all ask for such confidential personal info, anything they demanded.

 

P.S. Don't entertain them over the phone, everything in writing ONLY.

[caledfwlch]

IMO, I am extremely loathed to provide ANY unqualified untrained DCA such personal private information.

 

They are debt collectors, NOT doctors!

 

Sorry but it just makes me mad that these total imbeciles think they can just demand to see any documents they want.

 

There is no evidence to suggest that even when they are provided with this that they intend to 'write off' the debt.

 

In fact it will be highly unlikely they will do, they will simply wait and then claim off the estate, that is how callous these clowns are.

 

Others may disagree and advise differently, but I honestly would never give these tin pot DCA's who have NO legal authority to do anything, least of all ask for such confidential personal info, anything they demanded.

 

Just to be clear now, this is not a DCA, this is the original creditor, Vanquis. If they were simply sniffing around with regards to ability to pay, then I would have thought they would ask for proof of benefit.

 

I am not keen on providing it either, BUT if it does have a chance of getting the debt written off, since she is incapable of paying then it could be worth it.

 

If/when she passes away, then they will not get a single penny, she is in social housing, on benefits, her vehicle whilst she is still capable of driving, is a motability car provided via DLA, no savings, having gone bankrupt a few years ago, absolutely nothing, her "estate" will be whatever is left of her fortnightly benefit payments on the day she passes.

 

Given the situation, I have actually told her that she could just stop paying anything at all, as there is quite literally nothing they can do. If they gain a CCJ the only option they will have is Bailiffs. I am up on bailiff rights The car cant be seized, my 2 techhead brothers who still live at home already have Stat Decs on everything in this house, due to a bailiff problem with a parking ticket, most of which they paid for anyway, so nothing in the house will be levyable. Bank Account Seizure? The day she gets a letter requiring her to attend an oral hearing, she will contact the DWP and have her benefits changed to be paid into her husbands account. Basically she is creditor and bailiff/HCEO proof. (the amount is enough to be transferred to High Court)

 

They do not have her current phone numbers, so the only harassment would be by letter. It really would be better for them to just write it off. She has far more important concerns, and is at the hospital or the GP Surgery weekly, as her health is so precarious, with constant tests being performed.

[drop47]

Personally for what it's worth i would tell them most of that. Not the bit about hiding assets (for want of a better less emptive word). Just no income no assets and no estate. I would have thought even vanquis may have a heart. If i were you though i would write to the ceo and copy in order the heads of any other relevant part. So in this case provident financial, the head of the home credit group and the customer services manager at vanquis

[caledfwlch]

Personally for what it's worth i would tell them most of that. Not the bit about hiding assets (for want of a better less emptive word). Just no income no assets and no estate. I would have thought even vanquis may have a heart. If i were you though i would write to the ceo and copy in order the heads of any other relevant part. So in this case provident financial, the head of the home credit group and the customer services manager at vanquis

 

No Assets have been hidden, nor will they, she has none to hide! Everything levyable in the house has genuinely been bought by the Brothers. The sofa and chairs are hers, but they aren't levyable, the 32" tv in the front room is Brother No 2's, the Laptop she is using, is Brother No 2's.

 

And if a Bailiff or court wanted to go accusing of hiding assets, the Brothers are very good at keeping records and receipts, and have traceable and named receipts, invoices, etc for everything a bailiff would want to take, because they do everything online and/or via catalogue. For the period everything was bought, the parents were living and working away, before her health degenerated.

 

But it's not illegal to hide assets from bailiff action/creditors anyway. It's only the Insolvency Service where such an action becomes dodgy