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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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SB with 1st Crudit **RESOLVED**


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Hi guys

 

had an interesting day yesterday,

 

Got a letter from 1st Crudit, stating I owe a sum from 03/07,

they stated if you pay 10% we will pay 90% a new one on me!

I was in a class giving a lesson regarding debts, and how to deal with them.

I used the details of the letter on the big electronic blackboard, pers removed.

 

I broke all the rules and actually called them, went through the security then put the phone on loud speaker, explained to the guys on the other end that the call was being used as a training aid for the class I was running. They actually agreed to allow this and allowed the class to listen, I stated that the debt was SB'd and wanted this to be investigated and report back to me, they did not want to admit it was statute barred and wanted the 10% they were demanding,

 

I asked all the right questions, like when was the last payment/acknowledgement they agreed that it was more than the 6 years for being SB'd, so a clever clogs in the class asked the question why are you asking for money that you can not get" they replied "it's worth a try because not everyone will know about the law regarding this2. The class laughed their heads off, the fool at 1st Crudit actually then got in such a state he called his supervisor to the phone he asked why was I letting a class listen to my call "simples" I say its to show them what idiots you lot are, he said "OHH OK THEN " then promptly hung up. This is a true story by the way just wanted to mess with a DCA.

 

The letter regarding it being SB'd will be in the post soon

Edited by mikeymack2002

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" they stated if you pay 10% we will pay 90% "

 

90% of the 20% they bought it for.....don't waste a stamp on the SB letter....I doubt you will ever hear anymore.

 

Regards Andy.

 

PS Well done on educating the young of this corrupt industry

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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great story 10/10

 

I just wish they would do that kind of thing on national news

 

to get theses fleecers closed down

 

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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Andyorch.. Thankyou for the reply I have been passionate about DCA's since being to ill to work and have been in substantial debt myself, having "won every case" and only paid out for the basics, internet time stamps bus fares. At one point I was in severe debt, but now am totally debt free for the first time in years. I have been to criminal/civil courts to review cases and put things into perspective.

 

The first time a new CAGGER comes along full of heartache and pain, then as they learn the feel like they are on top of the world as the debts become much more manageable, they feel the stress of debt slowly lifting as the debts get smaller over time and they feel they can breathe again. There is no better feeling than to be able to stick it to a DCA and win, is there?

 

I asked locally if I could offer my services as advice only. My 1st day was well attended even by the CAB and other local groups.

 

I was offered a job with the CAB straight away, even before the day had finished, the information that was put to the class was of great value to everyone concerned. I have asked for permission of the site to allow me to publish links to the site but as of yet not been contacted. I did this out of respect for the site and for legal reasons too. This way I can get more people to be in control of their debts, to be able to sort out what is enforceable and what is not.

 

I thought it would be a fun way to show the class just how awful the DCA's are nowadays. What tricks they use to get your money, its a shame they (DCA's) did not run their businesses in a much more professional way than they do now.

 

I have even been asked to produce a guidance leaflet for the local ALMO, which has pleased me no end. This industry is corrupt to the core and needs sorting out, so that the things that we discuss at ground level actually get absorbed into practise? It only takes one person to start the ball rolling and eventually more join in, the hey presto we have a cause.

 

Its hard in this financial climate to get ahead of yourself with debt, but I have come up with ways in which you can have more money each week/month without much trouble. Its not rocket science but if you look at where you end up its so simple and friendly, that's what makes it so perfect for EVERYONE.

 

Thx again

 

MM

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DX100 what a great idea! Do you know how to do it lol It makes my blood boil. These people made my life hell for 4 years in all, It took me that long to recover from my injury and get my mind back on track. Now it is I'm ready to help out more now.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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same as you dear boy though in the late 90 got fleeced blind

 

they will never win now!!

 

that's why I started here when I learned the truth and the PPI stuff ofcourse.

 

I would LOVe to have been there and joined in.

 

advantis are the new kids on te block now

 

they have purchased 100'000's of SB'd debt phishing lists.

 

I've had them 4 times now on my mrs stuff that was SB'd in 1988!!

 

the only contact they had was an old mobile phone number the mrs had

 

the other day I needed a basic one for an old relative

so got it out

 

cant have used it since about 2002

 

it was on for less that 1 day and we had 17 calls from them

 

so fun time began.

 

alex is the favourite name there.

 

so he asked me if I was mrs DX

 

I said to I sound like a female.........

 

then he said, is mrs dx there

 

I said never heard of that name

 

then stated it was a very serious 'offence' to avoid paying debts by lying...

 

I said lying about what ...

 

your wifes debts...

 

excuse me...I got this phone at a boot sale a fortnight ago!!

 

I don't believe you...

 

.........

 

wonderful bloke didn't like being led around my DCA garden though..

 

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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Dx

I am laughing now for the 1st time in years,

 

my poor mind is now on the mend I can totally relax

and take the piff out of the DCA's now but will stay on site to help as and when I can.

 

Here's one for you,

you know that tenner I lent you back at uni?

the big fat pink tenner,

 

can I have it back you have over

 

1000-00 in late fee's and I am going to call at your home and work or can you pay me 14quid to go away?

 

I can't remember the place or time I lent it to you,

 

but trust me you owe it coff up or I'll sent in the letter squad? pmsl lol

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Had an issue with 1st Crudit chasing me for a stat barred debt adamant they could collect on it,

opps NO,

even though I knew this they wanted me to play ball with them and pay them.

 

Today they finally admitted they knew it was stat barred but was hoping for some free funds from me.

 

Wasn't going to happen anyway,

having taken the mickey for 3 weeks they finally wrote to me stating the obvious, finally, sorted,

all of this was due to advice from here and the knowledge I already had,

 

all I can say people keep up to date with your credit file,

ALWAYS check to see if the debt is enforceable,

and stay off of the phone to them unless you are recording the calls,

 

never make agreements with them on the phone,

get it in writing before you make any payments.

 

the caggers here are just great

but be VERY cautious of taking advise from other sites that YOU are unsure of,

as it could cost you a fortune in the long run.

 

My debts are all now gone, but my time here on CAG will continue,

 

so thanks to all that helped and those I have helped,

see you all are the forums, good luck.

 

But before I go I would recommend that you read up in the debt libraries

and always ask here for the best advise,

trust me its the best thing I did was to join CAG.

 

MM

Edited by mikeymack2002

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thanks MM

 

great to help 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... 

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Share on other sites

Thx dx10uk we have crossed paths many times, and have taken that advice in the early days,

but now this new found freedom is so nice finally a zero debt balance

 

, I want and will continue to help so you are not getting rid of me that soon lol,

 

see you around the forums,

 

also is it possible you can post up the method for converting to PDF for me as I can't remember,

 

so I can pass it on, thx once again

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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a pleasure.........

 

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

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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  • 6 months later...

what was the debt please

 

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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Very old credit debt from 2007

 

I thought was mine but belonged to MRS Michael (was Michele) ********

 

they tried to stick it to me as I had the same surname was on my CRA file for a few years.

 

They sent me the CCA and when I read it noticed this pointed it out,

a few letters latter from me to them,

then a LBA from me they dropped it.

 

Its was a debt from PC World,

I figured out that someone had used my details from a previous address.

Way back then but was for a woman

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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ah you wear dresses like the debt collectors too then:lol:

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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Share on other sites

The moral of this story is to get the CCA request back go through it with a fine toothcomb and verify it is enforceable, if not state so.

 

 

In this case the debtor was a woman with the same DOB, same surname different forename (typo in this case) was Michelle not Michael, they relentlessly pursued me even as far as listing it on my CRA. The story is as follows, including receiving a credit agreement in someone else's name

 

 

Letter tennis for a few months with the following letters

 

 

The CCA request

 

 

The the prove it letter

 

 

Response from the CCA

Read the Agreement saw was for a MRS.

 

 

A few more letters back and forth

 

 

A LBA letter

 

 

Serious harassment letter

 

 

Breach of DPA letter

 

 

Telephone letter

 

 

Doorstep letter

 

 

An official complaint to FOS

 

 

Letter back from DCA saying sorry Case closed

 

 

Length of time on this 4 years

The result was a sorry and case closed all details removed from CRA, A slap on the wrist from the ICO/FOS to the DCA.

 

 

The reason for establishing the enforceability of a credit agreement is very important, if you blindly start paying out money for a debt that's wrong then only you will lose your money.

 

 

This is why we at CAG cannot stress enough the reason you must get a copy of the alleged agreement before you pay out a single penny. Like in this case some may have paid, some would ignore, some get the history and still "win" so for that initial £1-00 fee it is money well worth spending, this is a must with all debts under this Act.

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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