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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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piggywinkle

Sygma/Creation Finance being difficult

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My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

dx


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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

dx

 

Like you,

StepChange said that they have no legal right to see any bank statements etc.

but they're telling me that they're going to keep billing me for my contractual payments

and subsequent default fees (which ironically took me over my original credit limit = more penalty charges).

 

Yes, the debt is on my CRA files.

I took the card out in 2006.

I've never sent them a CCA request to be honest,

as when we move, any 'spare' money will be going towards my bankruptcy fees (which I haven't told them) so I didn't see the point.

Is it still worth doing?

 

I never opted into any PPI with them either so that's a dead end.

Edited by piggywinkle

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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?

 

I thought a DCA may be easier to deal with than Sygma

- they have just been completely and deliberately obtuse from the get go.

 

I have been doing everything in writing though,

and I request to continue doing this at the end of every letter I send to them.

They invariably write back with, 'please call us on... to discuss your case further.' Errrr, nope!

 

The debt is for a CC.

The amount outstanding now is £2135.

It was just under the 2k credit limit before they started whacking penalty charges on for me being over my limit

(I was over my limit because they were putting on late payment fees for me paying less than my contractual payment!)

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then sar them and get reclaiming.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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When was this defaulted?


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When was this defaulted?

 

Last August. I have been paying them token payments of £1 per month since.

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dx100s advice is what you need to follow, do you know what the charges are currently?


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dx100s advice is what you need to follow, do you know what the charges are currently?

 

Their default sum fee is £12 and so is their overlimit fee.

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My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

 

Hello. I have the same problem. i was trying to speak to them so many times, they are so rude and that's makes me upset. Just wanted to find out did you sort it out? What did you do? Kind Regards Ingrid

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hi

you wont get seen here

 

better to start a new thread

of your own

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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