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    • its not about the migrants .. Barrister Helena Kennedy warns that the Conservatives will use their victory over Rwanda to dismantle the law that protects our human rights here in the UK.   Angela Rayner made fun of Rishi Sunak’s height in a fiery exchange at Prime Minister’s Questions, which prompted Joe Murphy to ask: just how low will Labour go? .. well .. not as low as sunak 
    • From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after? " A FH split to create 2 Leasehold adjoining houses (terrace) FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. . Freeholder resides in the other Leasehold house. The property was originally resided in as one house by Freeholder"
    • The property was our family home.  A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.) Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker) Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted. The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 
    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
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A quick search for Call Spoofing or caller ID Spoofing suggests several ways in which calls can be re-routed to re-program the Caller ID with a number of your choice. It can be done by local software or a web-based service for example.

 

OFT might well be interested, and an enquiry to both them and Ofcom is an absolute must. It is certainly a misleading practice, and if BCW do not own the number that is being shown on the end-user's equipment, this would appear to be a serious breach of the rules relating to CLID services and possibly even offences under the Communications Act where the purpose of disguising CLID is to cause annoyance, anxiety or distress.

 

Be interesting to know who answers a call if you were to phone the number that BCW are using.

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Apparently 0845 302 1443 is an equally useless alternative.

 

I tried that one too ? I will try again then if no answer I will drop a line to the HMRC ref my case then at least they have comms opposed to a phone call.

Regards..Mr Worried :)

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If you have an ongoing case just call the regular number or your local HMRC office.

Should they be trying to contact you then it will be on their system, and why.

 

 

I got through after 17 mins 9 secs on an 0845 number.. went through details only to be told, they know nothing of the person that called and that I was speaking with a control centre which is one of many around the country. The chap said no update had been made to the system and that he could not assist me further.

 

Just going to await there re-call.

 

Cheers All

Regards..Mr Worried :)

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We know they are almost certainly NOT using local agents –*the calls are NOT coming from the local area. So what are they doing?

 

They have to be calling from an exchange with that prefix to send that Cli, which means they are calling from that exchange area.

 

This clarifies it a bit, they will have agents who log onto their call taking system via an IP phone which is a bit like Skype, this agent is sat in his front room with a laptop and the IP phone plugged into his PC.

 

When he calls out it will give a local Cli (as that is the exchange he is calling from) which they will have pointing to a SIP trunk that goes into their general call queue if anyone calls the Cli number back.

 

This way the can have agents all across the country and reduce their premises costs, the reason they get the ones in your local area to call you first is exactly as given above - you are far more likely to answer or call back to a local number.

Spoofing is not the same and is illegal.

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We have moorcroft and advantis advertising for home workers in this area - it may be people working from home as said above.

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Skype is not the same as a call taking agent logging onto to an online CTAK system, Skype is sent out from the Skype network and will present no Cli as such as it presents a number registered in your profile. Not usually a problem on Skype as you have a picture of the person speaking to you to prove who they are.

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  • 4 months later...

Hi All

 

Capquest recently made contact saying to get in touch as they have purchased the alleged debt from xxx although its been in dispute for 3 yr, they also suggest we send them £10.00 and they will give us the info they now have?

 

Lowells. well this bunch are just as rude s they always have been, siting that they now own an alleged debt? no dpa for them either.

 

Are dca's doing the rounds again?

 

Mr

Regards..Mr Worried :)

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Just tell them the debt is in dispute for years. Dont provide more info even if they ask for it. It is up to them to contact the previous owner (s) and find out.

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..

 

 

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  • 1 month later...

Hi All

 

Why oh why does this happen ? chased these 3 yr ago then all went quiet now there back offering 75% reductions or similar reduced offers on accounts they still havenot produced cca for? have I missed something since I have been away?

 

Mr strange things happen.

Regards..Mr Worried :)

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I wrote of ten thousand quid these jokers asked for - see my thread on here. Biggest bunch of idiots I have dealt with. They had no paperwork to back up their claim.

 

Do they have valid paperwork for the claim against you?

 

It is up to them to prove you owe, not for you to prove you don't.

 

If somebody turned up to your door, dressed badly, smelling of fish, looking like they sleep on the street, you would tell them to take a running jump, why would you take the same person seriously if they wrote to you on nicely prepared company headed paper?

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Ha Ha alisindebt

 

I don't take these academics seriously at all and never have done. I just wanted a quickie update as I have been offline for a while, but I have the info I requested earlier due to my half hr jaunt around the forum. seems all is fine with my account 'in dispute ' from 2009.

 

I will forward another reminder to them and sit tight again,

 

Thank you

 

Mr

Regards..Mr Worried :)

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Simply advise that the account is still in dispute as they have failed to comply with an s78 request made on DATE !

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make sure you get all your info together. Lowells can get litigous, even on very obvious lemon debts like this. 75% discount means your debt is 100% unenforceable.

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..

 

 

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If the account is in dispute with the OC, then it should never be chased by a DCA, as it is against the law to do so. This is how I got CapQuest (see my thread on here).

 

I did not know this rule initially and forked out 105 quid to CapQuest before realising that I didn't need to pay them anything.

 

They had a "collections manager" called Anne MySpace who was desperate to collect from me. She even put in writing that I was fraudulently having letters and cheques signed in the UK by another person when I was abroad. She then wrote saying I was in the UK. I was actually writing from Taiwan, where I have lived for 7 years.

 

Even today they have refused to refund my 105 quid despite being forced to close the account once I pointed out the prior dispute with the DCA. The dispute, by the way, was that I had the CCJ from the OC set aside. And Anne McShane is typical of the sort of low life these companies employ.

 

As far as Lowells are concerned, see my thread on here. They wrote of over 10 grand they claimed I owed then because they could not produce any paperwork to support their claim.

 

My experience with DCA s is give them enough type and they will hang themselves.

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Not against the law. It's against guidance. Guidance is just that, and its not statutory.

 

However, should they breach OFT guidance, then it can be complained about and a mark will be made against them when it comes time to renew their credit licence.

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

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OK, I hear what you say, but it's a bit rich for them to collect from me on a set aside CCJ, because at that time I did not know the law.

 

It was not at all pleasant being accused of fraudulently having letters and cheques signed on my behalf in the UK.

 

But if the law allows collection agencies to ask for money against a set aside CCJ and if the law allows them to accuse me, falsely, of having people sign cheques and letters for me in the UK, then I suppose I was naive.

 

I do apologise for my earlier posts questioning this behaviour, I thought I was in the right.

 

Strangely, they wrote off the debt. Isn't this a bit strange if I was the wrong and they were in the right?

Actually, I wrote off all my debts to 5 banks, also received full refunds of PPI, accounting to around 15K pounds. About 20 years ago, I also managed to write off about 35K pounds of similar debt.

 

My credit file is now 100% clean.

 

Was I right, or were they right?

 

You decide.

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  • 3 months later...

Hi All.

 

if an alleged debt was put into dispute a few year ago and the DCA at the time that were issuing threatograms petered off,

then come back from under the big bad stone issuing this n that,

then ignored

 

WHY do they insist on re wording threatograms and get in house solicitors to act on their behalf?

 

 

Their letters begin with...

 

 

Your account has been escalated to the legal department..................

 

 

You have ignored previous attempts of offers to repay your debt, and we will now initiate court proceedings....................

 

 

FINAL MESSAGE FROM THE LEGAL TEAM.....................( red caps of course )

 

 

From Hamptons Legal...After several attempts blah blah, Red Debt have instructed us to collect the debt............

 

Now back in 2009 all of my alleged debts etc were put into dispute

and I still get 5/8 calls a day from who ever, but never answer the phone ( got two numbers )

 

now the above culprits are all aware of the situation yet still pursue the Carousel Of Doom,

WHY?

 

all of the above companies have offered me one off payment plans too?

 

so why do they still threaten court etc.

 

 

Mr

Regards..Mr Worried :)

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They hope you give in and pay. Simple as that.

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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Hi Conniff......I am aware of this but don't want the hassle, its so much easier to ignore. Ta

If you are getting 5/8 per day and have been for a number of years, you should answer them all so the calling number is recorded. You can then ask your phone company for an itemised bill and take the harrassment to court.

 

http://www.legislation.gov.uk/ukpga/1997/40/contents

Regards..Mr Worried :)

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