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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
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    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
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Any dealings with drydensfairfax re old creation [adams store card] debt?


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Hello,

 

how has other members dealings with drydenfairfax been please ?

 

they have just written saying they have been instructed by Creation Finance ( Adams card ) to collect the debt,

 

They have also informed me their client will only allow any payment plan to run 24 months,

so i would need to re-pay £180.00 per month to clear the debt, this i cannot do, i can re-pay £50.00.

 

They have said in that case the client will accept £50.00 'without predjudice'

and at some time the 'most likely' take me to court, ccj me and get a charge against my property.

 

any feedback on this would be great, as im really staring to worry about this all.

R x

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tell us about the debt please

 

does it show on your CRA file?

 

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... 

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their client will only allow any payment plan to run 24 months,

 

they do not dictate to you. if they want money they are going to have to play now by your rules.

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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Yes it is on my credit file, it is a debt from a Adams store card.

 

In 2008-09 when things started to go pear shaped, all my other creditors accepted reduced payment plans and froze interest (or their in house dca did )

but Creation Finance would not, they also would not put me to the in house dca, but continued making payment plans with i could not stick to.

 

I wrote dozens of letters to them,( as the interest they continued to charge me, nearly wiped out the £50/60 per month i was paying ),

asking them to freeze the interest, but they would not.

 

I wrote to re-claim the £12 o/fee & default charges back, and got nearly all of them back,

 

in june of this year i cca them,

after a month of nothing i wrote saying account in dispute,

 

i reported them to oft, for non-compliance and the way they have dealt with me,

and told them i had done this, again asking them to put me into a payment plan that had no interest,

 

as of july of this year, even though i have made over a thousand pounds of payments to the account, i still owe as much as when i started

- i have had no reply to this,

apart from they are looking into my complaint.

 

i still have not had my cca to me,

so when i received this letter from drydenfairfax i was annoyed,

as i have never denied this debt, but want to pay it off, not just pay their interest, and thats where we stand.

 

I have chopped this down as there are dozens of letters back and forth.

regards r

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if they have failed your CCA request

 

then time to send the failure to comply letter

 

and stop payments.

 

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... 

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I have sent a failure to comply to both Adams/Creations and reported them OFT, and i did stop payments TO Adams/Creations.

They have passed my account to Drydensfairfax to collect on their behalf.

I have made d/f aware on situation

My original post is for when they produce the CCA

As it is not that old a account, and im sure they will produce it.

I want to get ahead of the game.

R

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ok

 

good move

 

well await the CCA, then post it up here. if it ever comes

 

till then ignore.

 

if the CCA proves enforceable

 

then

tell them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrin from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

then pay by your internet banking site only to the OC

 

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... 

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well await the CCA, then post it up here. if it ever comes

 

till then ignore.

 

if the CCA proves enforceable

 

then

tell them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrin from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

 

 

so even though drydenfairfax are now dealing with this on Adams/creations behalf, your advise is to pay the oc if and when the CCA is produced ?

 

Well if it was me and an unenforceable CCA (or none) turned up, I wouldn't be paying them a penny, let alone £1 per month for any amount of time :roll:

 

Rob

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is that not what i said.........

 

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... 

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both:lol:

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... 

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is that not what i said.........

 

dx

 

Apologies DX :embarassed:

 

I read your post too quickly and posted in haste! (Had some food cooking and didn't want to spoil it - excuses, excuses I know!)

 

Rob

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  • 1 month later...

quick update - no cca from oc,

 

D/F say they are also waiting on info from o/c

 

about the complaints i raised to them over non compliance of cca and i have different balance owed than o.c ,

 

i have made 2 payment to D/F as i want to pay this debt off, and show willing.

R

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...i have made 2 payment to D/F as i want to pay this debt off, and show willing

if you have decided to pay?, pay only what you can afford not what they 'want'. and ensure interest frozen. they won't take it court.

Edited by Ford

IMO

:-):rant:

 

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yes i want it paid off,

 

im paying the amount i said i could, the interest is frozen,

 

when i spoke to D/F a couple of days ago the guy im dealing with said if i could get a lump sum together,

they would most likely be able to knock about £1000 off bal,

 

i told him i did not have any savings to do that, and would be paying it all back.

 

i hope as you say, they will not push down the court / ccj / charging order route,

 

i want to get all my debts paid off, this time 3 years ago i owed about 8k more than now,

 

due to claim backs of ppi, and hard solid work of payment plans in place, ive reduced my debts down.

r

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you need to findout WHY they are offering a discount

 

send an sar to creation

 

prob charges &/or PPI

 

IMHO i would stay off the phone too.

 

 

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... 

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..as i want to pay this debt off
as they so far can't satisfy a cca request, maybe could've waited a bit see if they can comply. if non compliance, maybe could've got more favourable payment terms/settlement discount. Edited by Ford

IMO

:-):rant:

 

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Thanks for replies,

 

ive re-claimed late fees/ over limit fees / £12.00 charges back from Creation earlier this year,and there is no PPI

 

i have spoken on phone when i ring them to make my monthly payments to D/F,

so only twice,

if they started to ring all the time it would be letter only ..!

 

I know i could have waited as they still have not produced the CCA,

but i want to start getting it paid as quick as poss,

 

as now there is no interest & charges being added all the time

 

will keep an update going though

 

thanks again

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you still need to findout why they are offering that discount.

 

what interest did you get on the £12 charges reclaim?

 

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... 

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I used the 'calculator' one you gave me in another thread about another re-claim i have/had going on

I suspect the discount was spoken about by D/f, as they are aware Creations have not produced the CCA... only a guess though.

R

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don't usually get a discount due to no cca

 

so you got back what you calc'd?

 

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... 

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Yes - as 'gesture of goodwill' though, not agreeing they did wrong by applying all those charges ..

but no matter, it came back, and thats the point isn't it

The 'if you could get a lump sum together, your looking at around a grand off the balance' came when i was doing my 2nd payment to D/F, and asking if they had heard back from Creations, as i dispute the balance of the account they have given D/F.

So i have never gone further into asking the whys / hows of this, as i have no lump sum to use to pay it off.

R

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