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    • forget CAB you might as well phone bt back as thats about as useless as they'll be.   you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means.   what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new 24mts contract.   she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the raining months of the contract.   the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do.   rock and a hard place if she wants to keep the same mobile number.   Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it.   as for the £800 bill simply ignore them. they'll sell the debt on  and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.        
    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

contant calls from Aktiv Kapital re MBNA debttoo


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Does it mention any other document in those Ts & Cs?

 

Yes....it starts off with a box about 'Financial & Related Conditions' with a box below about 'Loss or Misuse of Credit Card'. Below that it says.......

'Set out in paragraphs 1-12 below are some of the provisions contained in Conditions 8 and 9 of the MBNA Credit Card Terms & Conditions. The other conditions referred to in those paragraphs and the applicable definitions can be found in those Terms & Conditions'.

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Have those Ts & Cs been provided?

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I don't think so because I haven't got them and as I said earlier I tend to keep everything especially T&C's. I do have some more recent letters with amendments to T&C's

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  • 2 weeks later...

I'm still wondering how to reply to Aktiv. I'm thinking of doing an up to date budget sheet from the CCCS (Stepchange now) and offer Aktiv a monthly payment as per CCCS calculations. I imagine that, due to my income, the payment will be very little or maybe even just a nominal payment. Is that the best way to proceed as I'm not in a position to repay this debt - as I posted at the beginning it's actually my son's debt but he's done a runner and the card was in my name :(

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Without those Ts& Cs mentioned then reject the CCA before considering payment.

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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Without those Ts& Cs mentioned then reject the CCA before considering payment.

Does that mean you think the debt's unenforceable without proof of ever receiving a separate booklet or something on T&C's? I'm sorry if I appear thick but this is all new to me. I'm not trying to shirk out of it and would negotiate a full & final settlement if and when I can take my pension. I've just done a current Stepchange budget sheet and it shows there's no income left for payments so I'd only be offering a nominal £1 a month to Aktiv. As I'm disabled and not able to work my income is never going to vary much.

 

PS. thanks so much for all your help.

Edited by Bob Spiers
to add PS
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H Bob,

 

Look at it this way they have failed to provide ALL the relevant Ts & Cs so there is a lever for you to get a far better deal if you make an F & F offer.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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H Bob,

 

Look at it this way they have failed to provide ALL the relevant Ts & Cs so there is a lever for you to get a far better deal if you make an F & F offer.

Thanks I see what you mean. Is there a template letter I could use? I'm having a look at the template letters but I can't see one. I like the 'Ask creditors to write off the debt due to your circumstances' one. I'd love to send that but somehow I don't see them agreeing :-D

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No nor can I see a write off but perhaps a beneficial deal on F & F, don't worry on a template I'll draft a letter for you later today.

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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looked at £12 penalty charges & PPI bob?

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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  • 1 month later...
No nor can I see a write off but perhaps a beneficial deal on F & F, don't worry on a template I'll draft a letter for you later today.

I'm sorry to be a nuisance but I was wondering if you'd had a chance to do this yet? I haven't replied yet but really need to plus they chased me for e reply a few weeks ago. Thanks again, your help is much appreciated.

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Sorry Bob, been have some computer problems, missing posts and message been trying to catch up.

 

Ok has there been any further contact regarding this from AK or anyone else, do you wish to go ahead with a F&F settlement.

if so what do you want to offer?

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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Sorry Bob, been have some computer problems, missing posts and message been trying to catch up.

 

Ok has there been any further contact regarding this from AK or anyone else, do you wish to go ahead with a F&F settlement.

if so what do you want to offer?

 

Thanks for getting back to me. The only contact, since the earlier posts, was a letter from AK on 18/6/2013 saying 'in order for us to conclude the queries raised we do need to hear from you as requested'.

 

I won't be in a position to offer a F&F till I can take my personal pension which will be several years away yet. I was intending sending AK an up to date budget sheet from the Stepchange website. It would show that I don't have any surplus income/funds but I was thinking that although there's no funds, I'd offer a nominal £1 a month payment :|

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