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    • They've actually been behaving themselves for me, recently.  I'm re-signed with them on a variable tariff, meaning not tied in and can leave any time if they get up to their old tricks.  However something I noticed was that when accepting the tariff they actually showed in advance how they expected that annual total to be split into the 12 months.
    • Hi BankFodder, I will keep an eye out 🙂. . .
    • If you don't understand what you're saying then don't say it.   Yes recorded post is a good idea
    • Hi All   really need some help and advice.   i have a PayPal credit facility with a balance of £400. I owe £270 due this month. I am going to phone them and pay this and clear it as it’s a credit contract and I know they can enforce it.   however alongside that I have a negative PayPal balance of £5000 this is not through the PayPal credit. It shouldn’t have happened and I don’t plan to pay that, at least not now.   if I phone PayPal and pay the credit facility with my debit card will that be ok? Or will they use those details to try and get the money back for the 5k negative balance?   thanks for any help. Whilst I appreciate PayPal credit and the negative balance are separate with them being on 1 page on 1 account I wasn’t sure. 
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Not sure where to start with this...but am in the process of getting my affairs in order.

 

 

I am awaiting various SAR replies, CCA replies, some PPI claims and at some point some charges claims.

I am trying to do things in a sensible order now rather than going off half-cocked!

 

Had some very useful advice from DX that made me look at things in a different way

but moving on from that i'm trying to consider some of the next moves

I may need make, and i'm trying to get my head around what the law says.

 

Firstly I should point out currently my debts are being managed through the CCCs and I have one CCJ i will be paying for a VERY long time.

This CCJ also carries a Charging order on my property - but i'm staying put so no worries there!

 

Most of my defaults are three or so years old and I am paying nominal amounts on them.

I suspect of the three non-ccj debts that have been sold on two of them will not be able to provide a valid CCA.

One of these debts for some reason doesn't have a default against it but shows as an arrangement to pay on my credit file every month.

Is this allowed/legal/acceptable as they bought it with this arrangement in place?

I've seen estoppel mentioned but I don't know if it applies to me?

 

If i understand things correctly this DCA can register a default on my account if i were to stop paying

- and this will be the case until such time as i have paid this debt in full or come to a full and final figure?

 

With regards to the other debts if i just pay for the next three years and then stop

on the basis for example that the debt is unenforceable

i cannot be punished on a CRA by any means ie second defaults can't be registered,

i cannot be taken to court, etc as i will have already had the default registered on the account.

 

Hope this is making sense.

 

Would welcome any input - especially on the legal side of things.

 

Hx

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estoppel will only apply if they make an attempt to issue a court claim or demand that you pay more than the arrangement that was in place at the time of assignment.

 

Defaults will drop off after the 6th anniversary whether they are being paid or not. The only time this would be a problem in extending the recording would be if a claim was issued and the opposition were to win as the CCJ would stay on the record for 6 years.

 

HTH.

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Hi, I'll try and answer some points for you.

 

1. Yes arrangements to pay can be reported on CRA files. if in place when the account was sold then it should be continued by the debt purchaser/DCA.

 

2. DCAs /Debt Purchasers normally are dealing with accounts already defaulted, and the MUST continue the original default date placed by the creditor.

 

3. DCAs/Debt Purchasers become the Data Controller for the account when they buy the debt and are responsible for updating CRA files, if you do not pay the DCA they CANNOT PLACE A NEW DEFAULT.

 

4. All default entries on CRA files are removed on the 6th anniversary of the default date.

 

5. Having a default on file does NOT preclude court action if you fail to pay and is fairly common on larger debts.

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Thank you both for the replies.

 

I think i understand most of it. :-)

 

With the defaulted accounts, provided the DCA has an enforceable CCA, they could progress to applying for a CCJ if they refused to accept the payments currently going through the CCCS.

 

If the CCAs are not compliant then they cannot get a CCJ against me though they can still pursue me for the 'debt'.

 

What happens on my CRA files when the six years from the default are up? Will the accounts still show - just no default? Do the DCA then have the option to then take any further punitive action?

 

Hx

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All references to a defaulted debt must be removed from your credit files

after 6 years has passed from date of default

- whether paid off or not.

This is so that someone who continues paying something even after 6 years from default

should not be at a disadvantage as to someone who pays nothing after default

and ends up with a clean file after 6 years.

once a debt has fallen of due to this reason, it can NEVER return.

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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A debt MAY NOT be statute barred just because the default entry has been removed from CRA files.

 

Depending on when an agreement was signed a creditor/DCA could produce a 'reconstituted' agreement to satisfy sections 77/78 of CCA 1974, a judge may find that such a document considered with evidence of usage of an credit facility (payments to the account etc.),that liability subsists and the debt is payable.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No! Statute Barred = 6 clear years (5 in Scotland) with NO payment and/or written acknowledgment of the debt.

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!

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  • 1 month later...

I am hoping someone can clarify things for me.

 

I am going to make f&f to two of my creditors. I understand that I must specify in the offer about the debt not being further pursued/sold on.

 

BUT having nosied around cag i am not sure whether there is a legal absolute on whether the accounts can be marked settled if the full and final is only a part payment?

 

Any ideas?

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part settled leaves the rest to be sold and chased no matter what letters you have from whomever

 

SETTLED & the removal of ANy neg data MUST be made a condition of any settlement.

 

you need to get that in writing FIRST.

 

don't ever offer F&F until you've reclaimed and checked CCA is Enforceable

 

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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Hi,

 

One of them doesn't have a CCA (though bizarrely the OC has provided me with one).

Debts are managed through cccs so rather than stop paying until they track down cca am going to offer very low settlement first.

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If the dca hasnt provided one then send the non compliance letter.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 1 month later...

Hello,

Firstly apologies if this is in the wrong section.

 

I'll try to keep it brief.

 

I have a credit card debt that has been sold to Cabot. I have reclaimed ppi (wasn't much but i reclaimed it anyway).

 

I have been paying this debt through the cccs for over 3 years - the same amount give or take a pound.

 

This debt has never had a default registered against it despite me falling behind when it was with original creditor.

 

I have checked my credit file and over the course of the last 8-9 months my credit files shows my payments are late, indicating I'm now 6 months late in payment.

 

Cccs are definately passing the money on. I have written to Cabot recorded delivery (nearly a month ago) asking them to correct this error but i have had no response.

 

Where can i go from here to address the issue?

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Thread moved to Debt Collection Industry.

 

Regards

 

Andy

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as far as I am aware

theres no 'rule' that dictate that a creditor 'has' to mark your file when you enter a dmp.

likewise theres nothing that states they cant latterly then decide to start marking it.

 

ideally, it should be defaulted within 3mts of the 'cause of action' when you entered the DMP

paying a lower sum PCM than what is actually required under the agreement.

 

you could try and get them to backdate the markers to that date

then it would fall off quicker

as the ICO guidelines indicate this as being 'unfair' it was not done with in 3mts of the dmp or you first 3 missed/lower paymenst.

 

if its the only debt destroying your CRA file, then you might be able to get them removed but I doubt it.

 

if its not the only issue on your file

then getting it defaulted earlier will mean the whole account will vanish earlier.

 

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 year later...

Hoping someone can put me right about a few things as I've been trying to do my research and feel a bit confused.

 

My creditors are managed through StepChange.

 

I currently have one CCJ from 2010 that I pay as per court instructions,

 

I have 5 other creditors with all accounts defaulting in 2009 or 2010

except one that Cabot brought and chose not to default until 2012!

 

I have no issue that I owe these debts... all PPI claimed back and applied to accounts where appropriate.

 

I'm trying to get clear what happens after 6 years.

 

The CCJ falls of the register but the judgement still stands until Marlin/Cabot come up with F&F that I can afford... that makes sense.

 

But what about the defaults?

I thought they'd drop of my credit file and then I could make cheeky full and finals..

.. would they still be able to go for a ccj either before or after the 6 year mark?

 

Could any agency the debt might be sold to be able to re-register the default?

 

Hx

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Hoping someone can put me right about a few things as I've been trying to do my research and feel a bit confused.

 

My creditors are managed through StepChange.

 

I currently have one CCJ from 2010 that I pay as per court instructions,

 

I have 5 other creditors with all accounts defaulting in 2009 or 2010

except one that Cabot brought and chose not to default until 2012!

 

I have no issue that I owe these debts... all PPI claimed back and applied to accounts where appropriate.

 

I'm trying to get clear what happens after 6 years.

 

The CCJ falls of the register but the judgement still stands until Marlin/Cabot come up with F&F that I can afford... that makes sense.

 

But what about the defaults?

I thought they'd drop of my credit file and then I could make cheeky full and finals.- see defaults post earlier in merged thread.

.. would they still be able to go for a ccj either before or after the 6 year mark?- if you've paid within that 6yrs yes

Could any agency the debt might be sold to be able to re-register the default?- nope see defaults post

Hx

 

 

several iike threads merged

 

 

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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