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    • You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
    • Well reading the bullet points is essential. If you think that the bullet points are a correct account of what happened and you are prepared to stand by this account and even eventually sign a statement of truth – in the event that this goes to court – then it is worth going forward. If you think that this is not a correct account then probably we have to stop. If you have received documents from the van driver's insurance then it may be correct not to respond to them at the moment – but we would like to know what those documents are. I'm amazed that your own insurers haven't sent you any formal documents. As I've already said, send them the SAR straightaway. Also I think that separately you should phone them tomorrow and ask them what's going on and tell them that you want documents relating to their finding that you should be held liable for the accident. See what they say about this. They may say that they are not prepared to disclose documents to you. Once again, I've already suggested elsewhere that you should read our customer services guide and implement the advice there. This is essential. My prediction is that if you want to deal with this then you will have to sue the van driver in the County Court for negligent driving. This will be a small claim and so the outlay to you would be relatively minor and you would not have to pay the other side's costs in the event that you lost. I would expect that your outlay would be only about £200. If you won then that would change everything in terms of getting compensation for your car and also in respect of the cost of repairs for the damage vehicles. Also, it would assist on your other thread in dealing with the extortionate price that you been required to pay for the car – which I think we've already indicated is a complete scam. I think you had better start learning not to trust anyone. You can trust us – but you have to make your own judgement on that score – that there is certainly no one else that you can trust in this. Would you eventually be prepared to take a small claim in the County Court? If you have no experience of this then talk to 1 or two people but also read up on this website about the steps involved taking a small claim in the County Court. It's straightforward but you need to know the steps in advance. You will not need a lawyer – but if you did decide to get a lawyer then it will be very expensive and you won't get the money back even if you win.
    • Iv only just seen that the van driver is claiming a witnesses, i didn't know this other than from 10 minutes ago.    I haven't received any documents from my own insurance , the document i received was from admirel - the van drivers insurance.   Yes i have the name and address of the van driver.   There was still ice on the road yes.    I will carefully read through your bulletpoints and comment afterwards.     
    • Also, I understood somewhere that you had the name and address of the van driver. Is this not correct?   Also, at the time of the accident, would you say that there was ice and slush and the middle-of-the-road? Or is it simply in the side of the road between the parked cars? It was late in the day and we can imagine that the passage of traffic would have cleared any ice and snow. I notice one or two of your images seem to show tarmac with no ice or snow
    • Okay there's a number of things. First of all you say that there are apparently witnesses which the van driver is claiming – this is the first that we've heard of this. Are there any other details that you know of which you haven't disclosed to us yet? Secondly, you've apparently received instructions from AX not to contact the insurer. AX are not your friend. Thirdly, you are asking whether you should write to AX and give them information? – AX are not your friend. You ask how you can put these points forward – we will help you. However don't expect it to be easy or quick. I'm afraid that things have rather slipped out of your control and you will have to take back control with our help. Also, let me point out that not all of my site team colleagues necessarily agree with my assessment above – I expect that there will be some contributions and it will be helpful to see what comments and criticisms are made of my assessment above. I understood that the van was stopped but you are now saying that he failed to give way which now suggests that he was moving and continued moving even though you came within his sight. I understand that you've been given documents by your own insurer which apparently you've ignored. You say that AX told you not to respond – I don't really know why you are taking advice from AX. They are not your friend – and I can tell you also that your insurer is not particularly your friend either. You haven't commented on the bullet points that I've made. Do you agree that this is what happened? It's essential that you give us some feedback. Also, if you want to use stand any chance taking this forward, then you are going to have to engage in a bit more closely and respond to questions more quickly please.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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
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my MBNA debt been through every DCA in the book - now link chasing


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I really do not see how it matters whether or not the debts are sold individually or in bulk as a 'portfolio'

 

If the bank declares them as bad and sells then at say 10p in the pound the remaining 90p in the pound is offset against profits and therefore corporation tax is not paid on that 90p in the pound.

 

That must limit the actions the purchaser can take particularly with regard to the civil court and reasonableness, as the saying goes 'what would the man on the Clapham Omnibus' think of the banks / debt collectors getting two bites at the cherry.

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As said all this has been argued many times and it does not have any practical merit, the bank sells the accounts, at a price then they write the debts off their books, the accounts are then assets of the debt purchaser for tax purposes.

The purchaser inherits the total account the obligations and rights so they can initiate court action/sell the account on again. but they can never change the original default date!!

The banks are selling delinquent accounts not bad debts in the sense you imply. Been proposed argued for many years by people looking for a way out and who can blame them but it just does NOT work.

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I agree whether it be individual for £100 or bulk for £100000 surely the OC will still get their pound of flesh and not just the 10 or 20p in the pound that they sell them for in bulk.

 

I Think Brig its not the fact that we are looking for a way out of our obligations, I think what ncm is getting at is the fact that the OC is not just getting the 10 or 20p in the pound that they sell bulk debts for but also the fact that the purchaser can then still claim the whole amount which surely is IMMORAL

Edited by the tinkerman
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Been proposed argued for many years by people looking for a way out and who can blame them but it just does NOT work.

 

Interesting - thank you.

 

Do you know if this argument has been tested in court, or just chewed over theoretically?

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the "writing off" of a debt has a direct effect on the liability held by the bank, effectively the bank posts profits which are basically calculated by offsetting credits and debits against one another. As such, the account is effectively devalued for accounting purposes in a particular accounting period - all legal and above board.

 

However the defaulted account still has value and can be sold....in the same way a tangible asset can be devalued completely or amortised to a zero value, it still has value even though the balance sheet would correctly state that it has no value in the current period.

 

The defaulted account can then be sold to a Debt buyer, or another agent, or whoever, for whatever value is deemed appropriate between the parties, HMRC has no interest as it is effectively the sale of a depreciated or amortised asset, the tax implications have already been accounted for in the reporting of the Original Creditor

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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@Spamheed: I think I understand the financial arguments after your and the Brigs explanation.

 

I am coning at this from a different angle particularly with regard to the civil court and reasonableness, as the saying goes 'what would the man on the Clapham Omnibus' think of the banks / debt collectorslink3.gif getting two bites at the cherry.

 

Also I Asked Do you know if this argument has been tested in court, or just chewed over theoretically?

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I think if we examined the moral and ethical arguments surrounding the behaviour of the Financial Institutions and the links between them and the DCAs without looking at the laws which governed them, I think the whole lot would be shut down and disassembled.

 

Maybe that's why the financial institutions include MPs and other senior politicians on their boards and it is this that leads me to believe that these board members will not allow their gravy train to become derailed

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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I think if we examined the moral and ethical arguments surrounding the behaviour of the Financial Institutions and the links between them and the DCAs without looking at the laws which governed them, I think the whole lot would be shut down and disassembled.

 

Maybe that's why the financial institutions include MPs and other senior politicians on their boards and it is this that leads me to believe that these board members will not allow their gravy train to become derailed

 

I agree that the lenders and the DCAs are totally immoral and have only contempt for the 'punter' and the Law.

However, the main differences between Criminal and Civil law are the burden of proof and that Civil Judges are supposed to take into account 'reasonableness' hence 'the what would the man on the Clapham Omnibus think' test.

Which is why I persist with my question has this been tested in court?

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FAO A Moderator.

 

I have hijacked this thread and I apologise to both you and the OP GardenBench

 

Would it be possible and appropriate to move the offending posts and their answers to my Debt Questions thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?387230-Debt-Questions./page2

 

P.S. I am going away for a week so the 'Big Guns' who bear the brunt of my P.I.T.A questions can breathe a sigh of relief ( well for a week at least) :whoo:

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Bump

 

For most people this is probably the warmest and driest weekend for months so the volunteers are probably busy elsewhere.

The explanation it as said 6 years is considered ample time to start any court action, the feasibility

of starting any action would be tested at the time of any such proposed action.

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I received an NoA from Arrow Global Guernsey Ltd for an alleged debt with MBNA.

 

I have played letter tennis with there ****** bottom feeding DCAs for a while now and I now want to send a Cease and Desist letter to their Company Secretary.

 

Thereby hangs the problem.

 

The NoA gives the address :-

La Plaiderie House,

La Plaiderie,

St Peter Port, Guernsey.

GY1 1WG

 

Their Web site says

Mailing address:

Arrow Global

Belvedere

12 Booth Street

Manchester M2 4AW

United Kingdom

 

Registered Office:

20-22 Bedford Row

London WC1R 4JS UK

 

 

The website also says

 

Following the buyout in January 2009, Arrow Global is now owned jointly by the RBS Special Opportunities Fund and management.No Company Secretary is listed in the corporate officers section

 

 

http://www.companiesintheuk.co.uk/ltd/arrow-global

says the Company Secretary Stewart David Hamilton

 

Address

 

ATTN OF MDD/DCC ASHURST LLP BROADWALK HOUSE 5 APPO

LONDON

UNITED KINGDOM

EC2A 2HA

141 other people also use EC2A 2HA in their address (this is probably a mail forwarding service address)

44 companies are also registered at EC2A 2HA

 

-----------

 

http://www.dellam.com/08200522-ARROW%20GLOBAL%20GUERNSEY%20LIMITED.html

 

Says the following :-

Date of Incorporation: 4 September 2012

Share Capital: £1

Registered Office: Flat 5, 241 Dickenson Road, Manchester, M13 0YW

Director Mohammad Afzal-6 September 2012

Registered Office changed on 6 September 2012 from

46 Mary Road

Handsworth

Birmingham

B21 0RH

 

HELP !

 

 

Sorry about the layout - cut and paste form various sources.

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Thanks again Brig, I have asked the moderator to move some posts from another thread to here

The Bump was to move it to the top form 5 pages down - to help the Mod find it.

 

However I do appreciate your reply

Do we have any past experience to know if judges allow such things and what criteria they use?

 

I am away nest week (I can hear your shouts of "Thank Goodness" from here) So arespite from the P.I.T.A questions.

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Now you are asking for the ''judgement of Solomon'' every case would be considered on its merits, and the fairness and reasonableness of the application to restart a case, in my experience it is rarely allowed and then only in exceptional circumstances.

 

To start an action on case where 6 years have elapsed since the cause of action (the default/closure of the account) would be treated similarly.

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:-)

Like I said P.I.T.A questions.

 

But if you don't ask you don't find out.

How true, sometimes the answers are not what one wants to hear though!!:-)

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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THE Manchester address will get the letter to the right place you need to address it to the COMPLIANCE DIRECTOR.

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Mr Mohammad Afzal is the Current Officer Name!

Compliance officer only? Not sure of his actual status.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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THE Manchester address will get the letter to the right place you need to address it to the COMPLIANCE DIRECTOR.

 

 

Do a Google earth for that address - they cannot be serious

 

Just what sort of a tinpot organisation are we dealing with and have you compared it to their web site.

 

Something is very wrong here.

 

Arrow Global is now owned jointly by the RBS oh yes are we talking about the same company here ?

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RBS but just a member company of the ''group'' not associated with the retail banking side in anyway.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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