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    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
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    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
    • Frankly I think you should go to a hearing unless you feel especially nervous . If you have any worries then you should follow our link to find out about a county court familiarisation visit     You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive.  It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side
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DCA problem, need help


GUK
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Hello,

 

 

I need some help. Got a letter from DCA with instructions for immediate payment of an amount that is much higher than the original amount they think I owe them, without explanation why this amount differs from the original. I mean there is no explanation of what this final amount include if this is interest, fees and so on.

 

I found a lot of useful information in this forum, but because my English is not perfect am afraid that I may not have understood everything correctly. So I would be grateful if someone can tell me with simple words what to do. Also not know if this is relevant, but I will add this information in the event that this is of importance.

 

This amount is not from any type of loan, this amount is a fixed amount that I have to pay if I did not fulfill a certain condition. So a given company claims that I am not fulfilled this condition, and wants me to pay this amount. I argue that it is their fault and I will not pay this amount.

 

They rejected my complaint and told me that if I am not satisfied I have the right to appeal to FOS, (Financial Ombudsman Service) within 6 months. I informed them that I will do this, but then they started sending me emails that if I do not pay within a week, I will be given to DCA. I told them that I need more time to prepare the necessary documents, but they told me that although I have six months to appeal to FOS, if they do not receive relevant notice of said complaint, they will continue to progress this case as normal, per their procedures.

 

So they do not provided me the necessary time to prepare, and now I have to deal with DCA. So, I mean that even still I have not filed a complaint with FOS, amount which DCA tries to take from me, are still disputed.

 

 

I will appreciate any help.

Thank you!

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I have moved your thread to the correct forums and site team are aware.

 

Once you have made your complaint to the Financial Ombudsman, the company/bank are supposed to put any further action on hold until such times as the FOS has finished their investigation.

 

It might be worth contacting the FOS, ask if they can provide you with a reference number pending your complaint being sent to them. They may or may not do this.

 

Anyway, once you have a reference number simply pass that on to the bank and advise that you think their behaviour would be in Breach of all the rules if they dont back off pending the FOS investigation.

 

HTH.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks very much for your answer. About the letter from DCA, I will give an example, they want to be paid, let's say - 1500, but the original amount is 1000. I know that there will be some related fees and interests, but the letter does not provide information on how they formed the required amount. And if I understood correctly what I read in this forum, they have to provide me with this information.

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GUK, it will be much easier to advise you if you tell us how and why this debt occurred, what type of transaction is this??

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Thanks very much for your answer. About the letter from DCA, I will give an example, they want to be paid, let's say - 1500, but the original amount is 1000. I know that there will be some related fees and interests, but the letter does not provide information on how they formed the required amount. And if I understood correctly what I read in this forum, they have to provide me with this information.

 

Yes, they cant simply demand a sum of money without providing a breakdown of how they have arrived at that sum.

 

IMHO, I would get your complaint to the FOS as quickly as possible and tell the DCA /Bank that you have done this. To the DCA you should also confirm there is now a genuine dispute in place and they are obliged to back off.

  • Confused 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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GUK, it will be much easier to advise you if you tell us how and why this debt occurred, what type of transaction is this??

 

Yes, sorry about that, but I'm just trying to give you as better information as possible, without revealing any details, before I'm done with this, for understandable reasons. But I know that thereby will be difficult to get help. So, this is car insurance excess.

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Yes, they cant simply demand a sum of money without providing a breakdown of how they have arrived at that sum.

 

IMHO, I would get your complaint to the FOS as quickly as possible and tell the DCA /Bank that you have done this. To the DCA you should also confirm there is now a genuine dispute in place and they are obliged to back off.

 

Thank you for your quick and accurate answers. I will follow this advice.

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So you had insurance on your car, had an accident, and to have the car repaired had to pay the excess?

 

Was the accident your fault?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So you had insurance on your car, had an accident, and to have the car repaired had to pay the excess?

 

Was the accident your fault?

 

The story is long and complicated to explain, and will need a few days to explain everything. So when I have more time, I will try to explain everything. Now I have to start working on my complaint to the FOS. I have a lot of work because I have to sort all documents from about 4-5 years ago, since this case is, and time is short. Thank you all for helping.

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