Jump to content


  • Tweets

  • Posts

    • Not sure if the above issue is covered in this group but if so I am after some advice.   My Dad is in his late 90's and on his death leaves everything to my Mum, also in her 90's but housebound. It is our intention and the request of Mum that when Dad has passed that the property she is currently living in is sold, we sell our property as well and we purchase a property with an annexe and self contained toilet / shower facilities where Mum could live out her days with us. There is no way on this Earth that she would go into an old folks home and it's certainly not on our agenda. Our daughter is their registered carer who currently looks after them.   Mum's Will as it stands at present states that I inherit her estate on her death.  She is talking about transferring the property she  currently resides in to me so that I can handle the sale of both properties. As her Will currently stands, the property she is living in will have already been sold so the Will won't be applicable. Could she change her Will now to state that on Dad's passing her property passes to me or can she gift the property?   The simple thing would be for Dad to change his to state that the property transfers to me but he is currently suffering with dimentia. He hardly knows what day of the week it is and gets very confused and agitated.   Any advice would be grateful. Thanks
    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
  • Recommended Topics

Please note that this topic has not had any new posts for the last 2715 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Had health and debt issues in 2006 which caused me to put my head in the sand and ignore them all.

 

Now they should all have been statute barred and gone from my credit file by now. But i have not checked yet.

Still unable to work and now on ESA.

 

I opened some of the threat letters demanding money or else. to sort them in neat piles ready for the bonfire.

 

I opened one dated almost a year old which had my parents address on it. This was from Lloyds TSB and states they are changing my credit card agreement and that my account is currenty in default.

Err i have not been with the Lloyds TSB since it was just the TSB. I left that address some 25 years+, My parents still live there though.

This is the 1st i have heard of any balance owing and a default.

 

It says i need to quote my CC account number with most of it masked out.

 

As its so old should i just file it on the bonfire pile?

 

Also as my current financial situation has not changed, No job no money etc.

 

Is it worth getting my credit report and cleaning it up? Or just ignore it, I am very good at

ignoring stuff.

 

Just wondering if it could affect any future job applications?

 

Thanks

Link to post
Share on other sites

Yes certainly get your CRA files, Experian (Credit Expert) and Equifax have free 30 day trials, Call Credit has a free service called Noddle which is free but not always up to date.

 

Indeed in some jobs bad CRA files will not be acceptable. especially if there are CCJ/ Gain data showing and/or a lot of defaults.

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 should establish the status of the debts to see if they are indeed statute barred. 6 years from the first missed payment.

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

 

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

Link to post
Share on other sites

Thanks, I have had debt issues from 2006. Which are now statute barred. But this Lloyds TSB letter is not something i knew about.

 

I had a TSB account whilst living at home as a YTS (remember them). A credit card was supplied with something like a £200 limit.

I worked at the placement firm for a while and then I moved home and jobs and opened an account with the same bank as my new

company to get paid faster. The old TSB account i assumed to be pennies in credit on the bank account and clear on the credit card.

Not made any payment to them for 25+ years so must be statute barred a long time ago.

 

I checked my credit file a year or so back and it was only showing the stuff from 2006.

 

I had the free trials so cannot get those again. I did signup to Noddle but it was new and glitched when i tried to

get my report so i gave up. I still get their emails though.

 

No CCJ listed anywhere. Do these drop off the file also or are they a fixed feature? Would the TSB get a CCJ for

a bill that cannot have been for more than £200 as that was the cards limit.

 

Although i am fairly sure it was clear. Owed pennies and they added £££ charges maybe?

 

Very confusing.

 

Thanks again.

Link to post
Share on other sites

if a ccj has not been enforced in 6yrs

it will drop off and be very diff to thus enforce

 

i'd say you are totally clear

 

edit that top line isrubbish

 

enforced or not

 

a ccj will drop off after 6yrs [removed from public record]

 

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

Another quick Q? if i may.

 

After 6 years its statute barred and they cannot take you to court for payment. Right?

 

But the debt is still a debt and they can ask you for it. Can they do this forever and ever?

 

As long as they dont harrass you with constant letters and calls (been there already). But say a 6 month

or yearly statement saying you owe. Please pay sort of thing.

 

I was still getting calls to contact a debt company (arrow / scotcall), And a letter saying in a final effort to resolve

the debt their client has agreed to negotiate a significant discount.

 

No name or signature on the letter, Just Scotcall Limited.

 

This was 2 months ago. Last payment to the debt was either August or September 2006.

 

I assume the debts to be statute barred around March this year. If going by the default dates.

Link to post
Share on other sites

defaults are normally a good few months after the SB date.

 

there is no 'direct' link.

 

my mrs still gets chased for a debt from 1982!!

 

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
Another quick Q? if i may.

 

After 6 years its statute barred and they cannot take you to court for payment. Right?

 

But the debt is still a debt and they can ask you for it. Can they do this forever and ever?

 

As long as they dont harrass you with constant letters and calls (been there already). But say a 6 month

or yearly statement saying you owe. Please pay sort of thing.

 

I was still getting calls to contact a debt company (arrow / scotcall), And a letter saying in a final effort to resolve

the debt their client has agreed to negotiate a significant discount.

 

No name or signature on the letter, Just Scotcall Limited.

 

This was 2 months ago. Last payment to the debt was either August or September 2006.

 

I assume the debts to be statute barred around March this year. If going by the default dates.

 

No payment and/or written acknowledgment in 6 year (5 in Scotland).

 

The OFT Guidance says, a debtor should advise the creditor in writing that a debt is statute barred, the OFT considers it unfair to continue to press for payment once this has been done, to do so MAY amount to harassment.

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

Ahhh so me still ignoring them means they can still send a statement saying you owe please pay.

 

But once i inform them its statute barred and i will not be making any payment they should stop?

 

I read that the debt never goes away. So what are they allowed to do if anything?

 

Yearly statement with a begging letter?

Link to post
Share on other sites

Unless you tell them it is Statute Barred and you will not be paying then they will continue to request payment and they are within their rights to do this.

 

Statute Barring simply means that they cannot enforce in court. In England and Wales the debt still exists but in Scotland it is extinguished (and the limitations period is 5 years).

 

If you write and tell them that it is SB and you will not be paying then they should stop chasing you per the OFT guidelines.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

The OFT Guidance on Debt Collection is clear that once a debtor has informed a creditor in writing (or DCA) that a debt is statute barred and they will not be paying, it is would be considered unfair to press for payment, to do so may amount to harassment.

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

So as usual it's all my fault for still ignoring them. :)

 

I will have to sort out my credit report and make sure its all clear and respond to any future letters.

 

Getting some odd calls lately. International/withheld and SMS type calls even though i disabled the sms on my BT line when

the DCA's started sending them at 8:59pm and i was getting them from 11pm to 2am.

 

I managed to answer one and the guy with an indian accent didnt know what to say, Didnt have a clue who to ask for or why

he was calling me.

 

I did wonder if he just wanted to leave the message asking me to phone them on some 0844 number where they make some

money from it?

 

Thanks for your help.

Link to post
Share on other sites
  • 4 weeks later...

Got my experian creditexpert report. All clear.

 

Noticed an old phone account that still open. It was one of those pay as you go

but they billed me directly from the bank for the calls i made. No monthly charges.

 

They used to send a statement for zero which cost them 25 or 27p whatever it cost back then.

But the statements stopped.

 

One issue i have got is they billed me twice because their system doesnt work properly.

Gave me a JAVA error and a page that said no funds were taken.

 

I tried again in a different browser and same problem.

 

Message with JAVA error no funds have been taken.

 

The next day i get 2 confirmation e mails saying they have billed me.

I reply back to tell them it said it failed and wouldnt bill me.

 

I got a reply back asking for a bank statement to prove they took 2 payments. Are the 2 payment references not enough?

 

I do not get statements, Will the Halifax charge me for a statement?

Link to post
Share on other sites

sar will get EVERYTHING they hold on you

 

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
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...