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    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.    Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
    • They are absolute chuckleheads. You paid but because you entered a different car park site also belonging to them they are pursuing you despite them knowing what you had done. It would be very obvious to everyone, including Alliance that your car could not have been in two places at the same time. Thank you for posting the PCN so quickly making it a pity that you appealed since there are so many things wrong with it that you as keeper are not liable to pay the charge. They rarely accept appeals since that would mean they lose money but they have virtually no chance of beating you in Court. Very unlikely that they will take you to Court given the circumstances. Just in case you didn't out yourself as the driver could you please post up your appeal.
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Is the bank taking your Benefits ?


MARTIN3030
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Thanx for the post P. These threads are really what I was thinking. If the banks are taking our benefits illegally why not call in the cops.

I have sent 2 letters to Nationwide pointing out their theft and, surprise, this morning, head office is not taking phone calls.

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I wish someone would go and complain to M.Plod and see the police are interested. It would be really good to see them in the dock.

Can anybody out there try it.

As I have said before I would but as my claim is already subject to Court action

 

GIVE IT A GO - PLEASE!!!

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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I wish someone would go and complain to M.Plod and see the police are interested. It would be really good to see them in the dock.

Can anybody out there try it.

As I have said before I would but as my claim is already subject to Court action

 

GIVE IT A GO - PLEASE!!!

John, phoned local plod, spoke to a concerned pc BUT he does not think the police want to get involved (taking on a bank, whatever next?), but he took details of the SSA Act and my phone No, he may phone back. Wont hold my breath

Trevor

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Well Done!

Even if nothing comes of it you have tried. I feel that nowadays police are only interested in petty crime such as motoring offences etc, too take on something like this might affect their clear up rate and the Government would then take action against them for waisting police time and affecting their crime figures.

The thing that has to happen is for lots of people to complain that way they have to take notice. Keep us all posted on any developments.

John

If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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What muppets you must have spoken to. Of course it does.

 

Suggest they read this & if they don't know about it tell them you will be more than happy to let them have copies

 

http://www.dh.gov.uk/en/Publicationsandstatistics/Lettersandcirculars/Dearcolleagueletters/DH_063742

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What muppets you must have spoken to. Of course it does.

 

Suggest they read this & if they don't know about it tell them you will be more than happy to let them have copies

 

http://www.dh.gov.uk/en/Publicationsandstatistics/Lettersandcirculars/Dearcolleagueletters/DH_063742

I think the muppets I spoke to hadn't a clue what I was talking about. They didn't even know about the SSA act.

I have read the letters from your link and they go on about a BASIC account. My account is a normal account with cheque book and DD's but my only income is benefifts. Is there a difference. Each credit is clearly accompanied with a National Insurance number and 'DWP'. I pointed this out to the bank but so far they are keeping quiet. (Still waiting for a reply to my recorded delivery letter).

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Hi everyone,

 

I posted a few weeks ago asking if carers allowance counted and was told it was so off I went to Nationwide with my letter and I also sent one to the head office. I was told someone would be in touch and today I got the letter telling me that it would be unfair to other members if they refunded the charges and if i'm struggling financially I could always ask for an emergency overdraft! They wont give me an overdraft! What do I do now? In total they have taken over £400 out of my account and half of that is benefits. I've sent the letters etc but they aren't doing anything about it.

 

Tash x

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Tash,

 

Great. You are obviously dealing with somebody who hasn't got a clue wgat they are talking about.

 

One of the problems the banks have, is where they have done something wrong, they can't communicate that through the ranks eg. 'if somebody phones up and they are on benefits and have a complaint, then you should reply "blah blah"'. They would then be seen to be directing others.

 

It is easier to wriggle out of this if they tell their staff to be vigilant and do all they can to stop any false claims.

 

There will be no training courses for staff to tell them how they have been ripping people off, and how best to rectify it.

 

I guess, a senior manager will get several letters on his desk for signature.

 

I would walk into my local branch, with the details and letters, together with a copy of: -

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

 

If you are very stuck for money, point out the obvious unlawful activity and demand your money is put back in your account.

 

If you are in a better position and they ignore you, send an LBA and then issue proceedings. Go all the way, they are definitely wrong.

 

Tide

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I think the muppets I spoke to hadn't a clue what I was talking about. They didn't even know about the SSA act.

I have read the letters from your link and they go on about a BASIC account. My account is a normal account with cheque book and DD's but my only income is benefifts. Is there a difference. Each credit is clearly accompanied with a National Insurance number and 'DWP'. I pointed this out to the bank but so far they are keeping quiet. (Still waiting for a reply to my recorded delivery letter).

 

The remark about basic accounts is irrelevant. The minister is reffering to the identifiable benefits paid as belonging to the state & therefore beyond the reach of the banks

 

The reference to basic accounts is about difficulties some consumers have experienced opening these accounts

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pliny

I am trying to get the bank to refund £60 of charges due to DWP late payment and cheque bouncing etc.

I know when this occured. I have sent 2 letters so far with only one fob off letter in return. Second letter I quoted SSA act but nothing else.

An umbrella acct. would be good but may not be easy due to credit history.

What is my best approach now and what time scale can I quote.

regards

Trevor

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Apparently my daughter was told by the Post Office that she can phone DWP up and ask for a Personal Invitation Document. not sure what this is? perhaps someone can enlighten me. I am hoping its a way of receiving benefits without the thieving baskets getting there first.

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pliny

I am trying to get the bank to refund £60 of charges due to DWP late payment and cheque bouncing etc.

I know when this occured. I have sent 2 letters so far with only one fob off letter in return. Second letter I quoted SSA act but nothing else.

An umbrella acct. would be good but may not be easy due to credit history.

What is my best approach now and what time scale can I quote.

regards

Trevor

 

First of all, you could try someone like the Natwest! They offer accounts with debit cards for a slightly chequered history. Worth a try.

Send a Letter Before Action with 7 days notice (hand in to your local branch-manager if poss), quoting the SSA92 act, copies of your previous letters, a copy of the communication in the links above re Sec of State and the BBA and demand repayment. If not, be prepared to issued court proceedings for them to comply under that act.

Post your draft letter on here if you'd like, maybe members could offer advice re content!

 

Apparently my daughter was told by the Post Office that she can phone DWP up and ask for a Personal Invitation Document. not sure what this is? perhaps someone can enlighten me. I am hoping its a way of receiving benefits without the thieving baskets getting there first.

The Personal Invitation is to open a Post Office account via the government agency. It can take less time than doing it direct with the PO and pre-approves you for benefit payments. I'm not sure if you can arrange direct debits etc from the basic benefit account(i think it just provides you with a receiving account for your money) but they do have other accounts which have that facility.

Once you receive your Personal Invitation, you take that with ID/utility bill to the PO, they then process - and send you sometime later, 2 forms. 1 is a 'pick up form' to collect your PO card, the other is confirming the account T&C's and activating the card to get the PIN. Sometime after - when the DWP have received that 2nd form from the PO, they start paying the benefits into the account.

You could call the DWP and ask how payments are made in the intrim period (if by Giro etc). That I don't know I'm afraid.

 

P

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__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Many thanks from me as well. Still a bit wobbly about sending LBA for £60 and all the hassle of changing bank account and DD's etc.

I think I will still keep sending letters and e-mails for now and see what happens.

Had the second fob off letter this morning (same as first)

best regards.

Trevor

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You're both welcome, just keep your chin up and stand your ground!

 

All the best

P

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If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Appreciated Tide - and agreed, I may offer advice, but even I need help! lol

 

Thank you

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi, I posted earlier in this thread about the bank taking my benefits. My son has been very ill and I haven't had the chance to write to them(the bank) regarding this issue. This morning I received a letter telling me I am now £140 overdrawn and that they intend to withdraw my banking facilities and unless I pay up by the 20th of this month they will pass my case n to a debt collector. The 140 is purely charges as I paid back the mere pounds I owed them months ago and as I can't afford to pay these charges I was wondering if you could help me with a letter to send them? It's all very confusing at the best of times let alone when I haven't slept for more than three hours at a time in weeks!

 

Any help you could give me would be greatly appreciated!

 

Also, I've got my N1 form from the county court, after A&L have completely ignored my two letters I'm going to start proceedings(including asking for the interest back). I've looked on the forum as what to write in the form, I'm not sure how I'm going to get all that information into the little boxes provided but I shall try today! Thanks for the moral support!

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Hi, I posted earlier in this thread about the bank taking my benefits. My son has been very ill and I haven't had the chance to write to them(the bank) regarding this issue. This morning I received a letter telling me I am now £140 overdrawn and that they intend to withdraw my banking facilities and unless I pay up by the 20th of this month they will pass my case n to a debt collector.

I'm almost certain that they must give you 30 days notice of account closure. It will be in their terms & conditions, but I hope someone can confirm on here.

The 140 is purely charges as I paid back the mere pounds I owed them months ago and as I can't afford to pay these charges I was wondering if you could help me with a letter to send them? It's all very confusing at the best of times let alone when I haven't slept for more than three hours at a time in weeks!

I think you need to start a thread of your own - which bank are you with? I can help with a link to start one, and advise on letter content too (as I am sure will others...)

 

Any help you could give me would be greatly appreciated!

 

Also, I've got my N1 form from the county court, after A&L have completely ignored my two letters I'm going to start proceedings(including asking for the interest back). I've looked on the forum as what to write in the form, I'm not sure how I'm going to get all that information into the little boxes provided but I shall try today! Thanks for the moral support!

 

Again, with your own thread, any details like 'POC' etc cnan be advised directly on your own thread.

"Together we'll crack 'em"

:-)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Update - letter from Lloyds, just saying that they are still looking into the concerns recently raised. They are hoping to complete their enquiries within the next two weeks. I am going to write back and say they've had long enough so I am pressing on with N1. Do you think this right? or should I give FOS and Penny Berryman time to react? any advice welcome.

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Surprise

It's good you've had a response, at least it's not a 'bog off' letter.

I personall would write to whomever sent you that letter, special del if you can (gauranteed next day) and advise that they have till monday next (one woking week) to reply or else you will submit the N1 you have , ready and completed, to be filed at your (insert name) County Court (insert address).

That way, you've given them ample time, you control the delay, and they know you are prepared for business.

 

Just my opinion.

All the best

Pers

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Thanks. I was thinking something along these lines. I must say it is a very apologetic letter and its come from Birmingham but I wrote to London, also the reply was quick. I think someone may have had a rocket.

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