Vet Fee Debt

[Desperate Daniella]

Hi wiseajak,

 

They are talking about the horses to frighten and alarm. "The horses look happy," is very sinister.

 

I don't understand the vet either. If he had released the records Uhoomagoo could have continued with her case against the person who originally hurt her horses. I personally would have reported the insurance company to FOS for not pursuing my claim strongly enough. It doesn't always work, but it has worked for me very effectively.

 

Uhoomagoo can definitely complain to OFT and FOS about these collection tactics.

 

DD

[steampowered]

Thanks Everyone

 

The emails and voice mails are implying we are being watched. We have moved to be nearer my family, I am too ill to manage without help. We sold the horses to my dad as mentioned above, this was in return for financial help, we have a bill of sale, however my dad has continued to fund them as they know they help me mentally to keep going, also one of the ponies was my sons best friend, he is autistic and he would be devastated if he were to be taken away completely.

 

We got a voicemail left saying we know the horses are being moved to a new address, then we got one a day after my dad had moved them we got another message, saying we know they have gone and are being kept in a field near your rented house. Then we got an email saying the horses look happy don't they, they are making me paranoid. I have provided them with a bill of sale, but they are saying they will take my dads property now. We don't pay anything for there upkeep now.

 

Best to have no contact with them over the phone and keep it in writing. Perhaps also report to the OFT. Others on CAG have more expertise than me on dealing with rogue DCAs.

 

Try not to let it get you down. It is not personal. No doubt the DCA is engaging in this behaviour because it has got money for them in the past. They are in a very weak position because they are an unsecured creditor. Through their aggression they are attempting to get paid first. Leaving voicemails is cheap and people will say all kinds of rubbish over the phone if they think it adds pressure.

 

In small claims track it is very rare to recover legal costs ... no doubt it is cheaper for them to pay someone to leave voicemails than to go ahead with court proceedings.

 

The insurance company said it would cost them as much to claim against the person responsible for hurting my horse and wasn't worth their while , so I started a claim through my own legal insurance, but the vet refused to disclose my horses medical records, this was even when account was up to date, without this I had no proof, so my insurers said unless I get it I can't claim.

 

I see. You have been fobbed off. There are ways to get these records and help available on CAG, I am always up for helping with a good old fashioned professional negligence claim against people who are careless with animals ... but that is probably a fight for another day.

 

The DCA said they were issuing proceeding against me today, I noticed that someone mentioned if a small claim was above £5000 then they could go to High Court, is this correct ? If I am in a DMP and made an offer to them can a bailiff really still take our belongings ?

 

This is not correct. The small claims track limit recently increased to 10k. Even if they claim the full 7k you will be in the small claims track of your local county court.

 

DMP are a voluntary arrangement. It is usually in the interests of creditors to agree to a DMP but not mandatory. You can stop bailiffs by applying to court to set monthly payments. There are limits to what bailiffs can take ... there is information about this online and elsewhere on CAG.

 

The more I think about it the more appealing bankruptcy is becoming, I will have to get advice on how my ex's home will be affected, he has had a terrible stroke and I don't want him to suffer more anxiety than necessary, especially as he has paid the mortgage for last seven years. Can CCJ's/small claims etc be included in bankruptcy ?

 

I appreciate all the advice so far, thank you.

 

Yes, all claims/creditors including CCJs would be included in the bankruptcy. If your ex has been paying the mortgage for the last 7 years he may have the lion's share of the equity, but best to get proper advice.

[renegadeimp]

He was also making token payments to his debts, he had loans with link financial for home improvements, within months they got a CCJ and a charging order on the house, they are also adding interest of over £115 a month onto each debt and as such the charging order is over £30000 now which is double the original debt. I don't understand how that has happened.

 

Thats unlawful and unenforceable. They do it because they see you as an easy target and a cash cow.

[Uhoomagoo]

Sorry I wasn't very clear, I am rambling a little The insurance company paid out some of the claim and told me they would look into reclaiming their money because it was negligence on this persons behalf, they then decided that it wasn't cost effective for them to do this. Then because I was at the policy expense limit I had no more cover for he, I was advised to go down the legal route to reclaim the money direct from this persons liability insurance, but because the vet wouldn't release the records this was impossible to do, so even though the insurance paid out there was a shortfall.

 

Yes it is the people in Redditch, they have a PO box number. We keep telling them we are with Stepchange, but they accuse us of lying to them and that we aren't, but we have added this debt onto our plan and they will be paid from July. We have even sent a token payment to them. It's not like we are trying to avoid paying, we want to but we can only pay what we have. I to have been unable to find any information about this company, it's very odd.

 

Every time I see a car driving past the house or the field they are in I think it's them, A window salesman called yesterday, I didn't know who he was and I thought it was these people calling at the house, I had a terrible panic attack. I don't know if the horses will still be there in the morning.

 

Thank You for the support x

[Uhoomagoo]

Thats unlawful and unenforceable. They do it because they see you as an easy target and a cash cow.

 

This has been going on since 2009 Is it to late to challenge it ? When my husband went to court, Link had a solicitor and the judge granted them permission to charge monthly interest in the judgement

[sequenci]

Thats unlawful and unenforceable. They do it because they see you as an easy target and a cash cow.

 

What is unlawful and unenforceable?

[sequenci]

This has been going on since 2009 Is it to late to challenge it ? When my husband went to court, Link had a solicitor and the judge granted them permission to charge monthly interest in the judgement

 

When was the CCJ obtained?

When was the charging order obtained?

Was it contractual or statutory interest that was claimed?

Was it a consumer credit act regulated debt (e.g. loan, credit card, overdraft)?

[sequenci]

Yes it is the people in Redditch, they have a PO box number. We keep telling them we are with Stepchange, but they accuse us of lying to them and that we aren't, but we have added this debt onto our plan and they will be paid from July. We have even sent a token payment to them. It's not like we are trying to avoid paying, we want to but we can only pay what we have. I to have been unable to find any information about this company, it's very odd.

 

That's exactly the right thing to have done. Now you should also send a recorded delivery letter asking for their formal complaints procedure. Remind them that, so far, their behaviour has been in breach of the OFT Debt Collection Guidance and that you give them 14 days to get their act together - otherwise you'll lodge a complaint with the FOS, OFT and Trading Standards.

[Uhoomagoo]

He lost his job in September 2009, the CCJ was probably obtained in October 2009 and the Charging order in November 2009, I am pretty sure it's contractual interest they are charging. It's two CCJ's one was for windows and the other was for a Conservatory, so it was a loan, so should be a Consumer Regulated Debt.

[Uhoomagoo]

That's exactly the right thing to have done. Now you should also send a recorded delivery letter asking for their formal complaints procedure. Remind them that, so far, their behaviour has been in breach of the OFT Debt Collection Guidance and that you give them 14 days to get their act together - otherwise you'll lodge a complaint with the FOS, OFT and Trading Standards.

 

We will get a letter sent off saying that first thing tomorrow, the problem is the person dealing with us is the Managing Director of the company, so I am not sure who complaint will go to ?!

 

Does anyone know if it's a specific department at the FOS OFT and Trading Standards I should speak to ?

[renegadeimp]

What is unlawful and unenforceable?

 

All the extra charges and interest they are accruing purely for self gain. Especially interest post judgement. Unless of course, the CCJ allows them to add all that post judgement. I mean c'mon. Look who got the CCJ. They are well known for doing it purely to enrich themselves. The owner didnt become a multi millionaire by following the law and regulation.

[sequenci]

The FOS is just the usual process, their website is really helpful fos.org.uk

The OFT may take info from you - but them seldom deal with complaints at an individual level - if at all. That said, I bet my bottom dollar they've had other complaints and this could trigger something further.

Trading Standards would be whoever are local to you - a word of warning, though, they are a postcode lottery - some are WAY better than others.

 

If the CCJ was obtained after Oct 2008 then they CANNOT add contractual interest to the judgment itself - although they can add it to a separate account away from the CCJ+CO.

 

Here's a useful fact sheet for a crash-course guide: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=18_interest_charges_on_a_consumer_credit_judgment

[sequenci]

All the extra charges and interest they are accruing purely for self gain. Especially interest post judgement. Unless of course, the CCJ allows them to add all that post judgement

 

post-judgment interest is always allowed as per contracts and judgments but the rules a little complicated for judgments obtained after 1st oct 2008 - read the above fact sheet, it's interesting!

[renegadeimp]

I will, but the reason i said it is because link are well known for this type of behaviour. I cant see this as beign a one off, or them even acting in accordance with OFT guidelines or Court orders. However, we wont know either way until we see a copy of the judgement to check if they are allowed to do what they are doing.

[sequenci]

Post judgment interest on CCA regulated agreements obtained from 1st oct 2008 onwards should be separate from the actual judgment.

[Uhoomagoo]

My husband is away until tomorrow morning he knows more about it, but I will try and find the original judgement and see what it says, it's in a box somewhere. Though as we have just moved we have a million boxes laying around

[sequenci]

Link are well known for blagging it as Renegadeimp has mentioned. Let us know what you come across

[citizenB]

I thought that if a CCJ for instance was issued on a debt of over 5k then it could also go to the high court.

 

There has been an increase in the small claims limit to £10,000. I would imagine that unless it was a complicated case then anything under £10,000 will be in SC.

[Desperate Daniella]

On their website it says they are OFT registered but I couldn't find them. Can someone else check on the OFT website please in case I have looked in the wrong place.

 

Here is the DCAs website.

 

http://www.debtsolveuk.biz/

 

I haven't read every bit of it, but their blog is very interesting...... All about getting paid without going to court.

 

Also, I think I read somewhere that it would be a criminal offence if they are implying they have a licence and they in fact don't.

 

In haste.

 

DD

[citizenB]

I see that the Vet has also refused to release documents that would help you pursue a claim against the people who made your horse unwell in the first place. This could also be mentioned should they decide to be silly and issue a claim.

[renegadeimp]

That site is a [problem]. Stay away from it.

[Desperate Daniella]

That site is a [problem]. Stay away from it.

 

Can you explain. They have apparently got a licence and are a member of the CSA. Or do you think the people who are after the OP are a different outfit?

[Desperate Daniella]

Spoke to CSA, not mentioning either the company or the OP by name obviously, about this appalling conduct which is in breach of all their guidelines and they would be very interested in a complaint. They were appalled.

 

So I'm very interested in your comment above.

[renegadeimp]

Look at the site itself. It has all the hallmarks of a [problem]. Half arsed website, still most of the original latin template on it. No reference at all to a Credit licence, business licence or even ICO registration.

[renegadeimp]

Heres the webinfo~:

 

 

Domain Name DEBTSOLVEUK.BIZ

Domain ID D15788164-BIZ

Sponsoring Registrar TUCOWS.COM CO.

Sponsoring Registrar IANA ID 69

Registrar URL (registration services) whois.opensrs.org

Domain Status clientTransferProhibited

Domain Status clientUpdateProhibited

Registrant ID TUGQIVCQMRILSVGU

Registrant Name Karl Binder

Registrant Organization The Adhere Creative

Registrant Address1 Studio 34, Fazeley Studios

Registrant Address2 191 Fazeley Street

Registrant City Birmingham

Registrant State/Province West Midlands

Registrant Postal Code B5 5SE

Registrant Country UNITED KINGDOM

Registrant Country Code GB

Registrant Phone Number +44.01212850529

Registrant Email [email protected]

Administrative Contact ID TUDD3HKIZ7TB6P1C

Administrative Contact Name Karl Binder

Administrative Contact Organization The Adhere Creative

Administrative Contact Address1 Studio 34, Fazeley Studios

Administrative Contact Address2 191 Fazeley Street

Administrative Contact City Birmingham

Administrative Contact State/Province West Midlands

Administrative Contact Postal Code B5 5SE

Administrative Contact Country UNITED KINGDOM

Administrative Contact Country Code GB

Administrative Contact Phone Number +44.01212850529

Administrative Contact Email [email protected]

Billing Contact ID TURQCOQFUQRCEAWG

Billing Contact Name Karl Binder

Billing Contact Organization The Adhere Creative

Billing Contact Address1 Studio 34, Fazeley Studios

Billing Contact Address2 191 Fazeley Street

Billing Contact City Birmingham

Billing Contact State/Province West Midlands

Billing Contact Postal Code B5 5SE

Billing Contact Country UNITED KINGDOM

Billing Contact Country Code GB

Billing Contact Phone Number +44.01212850529

Billing Contact Email [email protected]

Technical Contact ID TULT9UE3KWG5GCTT

Technical Contact Name Karl Binder

Technical Contact Organization The Adhere Creative

Technical Contact Address1 Studio 34, Fazeley Studios

Technical Contact Address2 191 Fazeley Street

Technical Contact City Birmingham

Technical Contact State/Province West Midlands

Technical Contact Postal Code B5 5SE

Technical Contact Country UNITED KINGDOM

Technical Contact Country Code GB

Technical Contact Phone Number +44.01212850529

Technical Contact Email [email protected]

Name Server NS1.LIVEDNS.CO.UK

Name Server NS2.LIVEDNS.CO.UK

Name Server NS3.LIVEDNS.CO.UK

Created by Registrar CSL COMPUTER SERVICE (D.B.A. JOKER.COM)

Last Updated by Registrar TUCOWS.COM CO.

Last Transferred Date Tue Mar 01 16:01:54 GMT 2011

Domain Registration Date Fri Dec 29 16:22:13 GMT 2006

Domain Expiration Date Sat Dec 28 23:59:59 GMT 2013

Domain Last Updated Date Wed Sep 05 13:27:17 GMT 2012

Registrar Fields

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IDNLang