Jump to content


  • Tweets

  • Posts

    • My ex blamed me for her not paying her bills she says I controlled her money. So I have been told I need to pay them as it was my fault. She has not paid the bills where she lives now which was my house. I'm not allowed contact with her and again she is blaming me. As in this type of case it is victim led so no matter what stupid thing she says she is believed. It is for me to prove otherwise.
    • No SAR yet but they have confirmed via email that they have everything and will supply it by this month end.    When you say the FOS considered it a personal loan due to personal guarantee who is the FOS? Financial Ombudsman?  But then that doesn’t make sense as they haven’t been involved yet.    Santander in their final response to my original complaint did not agree to it. They turned my complaint down and specified that the selling dealership had agreed to treat it as personal for settlement purposes.    I guess they could not agree to it as then they would be guilty of miss selling but they gave me what I wanted by saying I would not get treated as a business customer in regards to finance charges.    Awful bank to deal with. Will never touch them again. 
    • Background I am in dispute with Clerical Medical over, amongst other things, statements that I haven't received. They didn't resolve my complaint in time so invited me to complain to the FOS, which I did The FOS investigator in his findings has written that  Clerical Medical have mow provided all missing statements apart from two. One of these is for the policy year 2021 - 2022, which they say is unavailable due to a system migration. I have twice asked the FOS investigator for a copy of his screen shot to try and resolve this discrepancy but they have ignored me so today I submitted a subject access request. I said I was primarily interested in the screen shot but I also asked for everything they held against the complaint reference number. The response I got from firstly the Data Protection Operations Senior Coordinator, then secondly the investigator was that  The investigator expanded on this and said I'll wait the 40 days and see what they come back with then make a decision on next steps at that point, but I want to make sure I've got my facts in the right order before I start arguing with them. They seem to be saying that my SAR doesn't cover the screen shot because it isn't personal data but I disagree. I have a reference number that identifies my complaint and therefore indirectly identifies me. I think that means everything that is held against that reference number, including the screen shot, is my personal data and is in scope of my SAR (subject to exemptions). Who is right?
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
    • You sure it's a Section 48 notice? Section 48 notice is just telling you who your landlord is. Have they sold and they're just telling you who your new landlord is or is it an actual eviction notice? Might be best scanning it up just in case here.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Debt Issues


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4066 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just one point,you say you do not know what the mucky hall debt is?

Then you quote S77(6) which is fine but what if it is a 78/79 request. You could just amend it to say under S77-79 it is unenforceable until you comply.

Any opinion I give is from personal experience .

Link to post
Share on other sites

  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Have you made payments to all these DCAs and by what method??

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:

Link to post
Share on other sites

I think I've made payments (around 4 years ago) to maybe 2 of them, or may have been different companies and have now been sold on or may have been the original creditor. Honestly can't remember but would like to find out when I can start counting my 6 years from just to be sure. Method would have been debit card for an old bank most likely as i never do cheques etc...

 

Found out that Mucky hall is actually the Cabot one which was for Vanquis originally.

 

Thanks.

Link to post
Share on other sites

Actually i tend to agree with dx (faints in shock)

 

I would leave well alone unless you get any type of letter that could be thought of as a letter of claim. If you do send a cca request off.

 

As you O/D is or was unauthorized it is covered by the cca but a traditional cca request isn't needed.

 

I have seen off one bunch of solicitors along with three DCAs using this approach.

 

Then sit tight and wait.

Any opinion I give is from personal experience .

Link to post
Share on other sites

So for your letter to mucky hall it would be s78(6)

 

For reference its 77(4) 78(6) 79(3) that make the agreement UE until they comply fully and at the same time with the required documents

Any opinion I give is from personal experience .

Link to post
Share on other sites

O/D?

 

So your advice is to do what I've done for the past 4-5 years and just carry on ignoring things unless of course I received a letter from the courts?

 

Thanks.

No get the letters suggest of asap, don't ignore otherwise you will never be rid of these DCAs!!!

 

Some of the DCAs Lowell for one are very litigious at present I would not like to see any of them gettinf judgements by default.

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:

Link to post
Share on other sites

Difference of opinion. As i said,from what the OP suggests there are not any letters so i would go with dx. The danger of sending letters off is that you remind them who you are and should they comply with the request you may get on their hit list.

 

In the end it is entirely up to the OP

Any opinion I give is from personal experience .

Link to post
Share on other sites

There is absolutely NO DANGER in making CCA requests or SARs to any creditor at any time, lawful requests for information are NOT admissions of liability.

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:

Link to post
Share on other sites

Ok, confused now lol

 

Can someone clearly tell me what I should send of and to whom:

 

Capital One

Owned by Lowell

Defaulted 12/09/2008

 

Three Mobile

Owned by Lowell

Defaulted 04/03/2009

 

Vanquis Credit Card

Owned by Cabot Financial/Mackenzie Hall

Defaulted 31/12/2008

 

Edge Card

Owned by Link Financial

Defaulted 16/07/2008

 

Natwest overdraft from old bank

Defaulted 28/02/2009

 

Natwest loan from old bank

Defaulted 09/03/2009

 

Capquest (Formerly FTC)

Defaulted 30/11/2009

 

So far I've printed a prove it letter for Hamptons Legal/Lowell for the Three Mobile debt, but that's as far as i've got and created a CCA letter but am told certain bits shouldn't be in it? See last attachment from me.

 

Thanks and sorry for being so dumb with all of this :(

Link to post
Share on other sites

There is absolutely NO DANGER in making CCA requests or SARs to any creditor at any time, lawful requests for information are NOT admissions of liability.

 

I did not say there was a danger of resetting the SB clock. perhaps read what i said. The more you communicate the more they could communicate back. As it is we are looking at 1-2 years to SB. Why not try to sit it out. If you send a cca to lowell. they will go quiet until they get what they need. Then what? They. could have what they need to enforce

Any opinion I give is from personal experience .

Link to post
Share on other sites

Ok, confused now lol

 

Can someone clearly tell me what I should send of and to whom:

 

Capital One

Owned by Lowell

Defaulted 12/09/2008

 

Three Mobile

Owned by Lowell

Defaulted 04/03/2009

 

Vanquis Credit Card

Owned by Cabot Financial/Mackenzie Hall

Defaulted 31/12/2008

 

Edge Card

Owned by Link Financial

Defaulted 16/07/2008

 

Natwest overdraft from old bank

Defaulted 28/02/2009

 

Natwest loan from old bank

Defaulted 09/03/2009

 

Capquest (Formerly FTC)

Defaulted 30/11/2009

 

So far I've printed a prove it letter for Hamptons Legal/Lowell for the Three Mobile debt, but that's as far as i've got and created a CCA letter but am told certain bits shouldn't be in it? See last attachment from me.

 

Thanks and sorry for being so dumb with all of this :(

 

Yes of course I will set out the suggestions as to what to send where a little later for you.

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:

Link to post
Share on other sites

The problem I have is I don't know when these will be statute barred :(

 

I can't just ask Lowell, when was the last time we spoke via letter or I paid you, can I :p

 

Now thatmight really cause problems.

But knowing the nature of Lowell all to well over many years if they had enforceable docs to hand then they would have gone forward by now.

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:

Link to post
Share on other sites

You're not being dumb at all.

I went down the cca route myself and got more back that were enforceable than i hoped. I did get a few where they said they couldn't find one so wouldn't chase me anymore.

I am in the lucky position of having no assets or job (if that's lucky) so there is little they can really do to me.

All i am suggesting is,if you can hold on a while longer it brings you so much closer to the SB date.

Of course the exact date of that depends on payments made and when the account was terminated with a formal demand for full repayment.

 

In the end it is up to you, I have 45k of unsecured debt that i haven't paid for over a year. Only 5 more to go lol.

 

In this case i do have a decent knowledge of how these people work and they can be tied up in knots but it takes time and effort .

Any opinion I give is from personal experience .

Link to post
Share on other sites

CAG of course doe not encourage debt avoidance.

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:

Link to post
Share on other sites

Now thatmight really cause problems.

But knowing the nature of Lowell all to well over many years if they had enforceable docs to hand then they would have gone forward by now.

 

That is just my point,if they had the docs. Well by asking for them they may just get them.

 

What the brig means is he will do it when he thinks i am not around to contradict him (Again)

 

Andy,I will leave it up to you but if i can help just ask.

Any opinion I give is from personal experience .

Link to post
Share on other sites

Of course no one has asked the OP if he can afford to pay the debts. There is a big difference between can't and won't.

 

Can you afford to pay them or are you trying to "avoid" them, it does seem that everyone has given you help based on the avoidance tactic

Link to post
Share on other sites

That is just my point,if they had the docs. Well by asking for them they may just get them.

 

What the brig means is he will do it when he thinks i am not around to contradict him (Again)

 

Andy,I will leave it up to you but if i can help just ask.

 

 

Again you are wrong as usual I am dealing with other threads as well and your contradictions are a mere insignificance If I can help someone!

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:

Link to post
Share on other sites

Can't sadly :(

 

Lots of reasons as to why but the main being that I don't have the disposable income to do so, especially after gas and electric rising and now the talks of water doing the same.

Link to post
Share on other sites

dont forget your cra file

esp noddle

can be very good at indicating last payments in the history section.

 

its also worthy to not always assume that payments

made to fleecing dca's DID actually ome off the debt

and not go into their profit pocket

 

 

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... 

Link to post
Share on other sites

I know that feeling only too well. I am acutely aware that the cost of sending letters by royal mail signed for as well as postal orders can soon mount up. 6 ccas can come to £15 and 6 SARs £70.

Contrary to what the brig thinks i only want to help and i am sorry if i confused you.

Cost v benefit is always something i look at.

 

I am not saying anyone has the perfect solution and opinions are like ********s. everybody has one.

Any opinion I give is from personal experience .

Link to post
Share on other sites

dont forget your cra file

esp noddle

can be very good at indicating last payments in the history section.

 

its also worthy to not always assume that payments

made to fleecing dca's DID actually ome off the debt

and not go into their profit pocket

 

 

dx

 

Very good idea there from DX. Might not give you the exact date but at least within a month or so.

Any opinion I give is from personal experience .

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...