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    • Hi slick132,   Inspired by all the above comments you guys made (thank you) I pointed that felt bullied and threatened by Debit Finance and that I felt I had no choice but to pay by CC and subsequently found out that the charges were unlawful and that their original claim for three additional months was unfair. The CC company complaints person was supportive. I've got to call them back tomorrow so we'll see what the next rep is like.   > I see no point reporting this to the FCA The point would be to establish the fact that the FCA agree and other people in this situation can refer to any ruling, judgement, opinion - else it doesn't carry as much weight in any correspondence.   -- Scruffy
    • Hi Scruffy,   I see no point reporting this to the FCA. The late fee charges are not lawful and not enforceable but you could say the same about Credit Card late fees - they're not lawful or enforceable but CCard providers continue to charge them.   As DX says, the threads here over many years all reflect the same thing - since a Test Case back in 2011, gym cases do not end up in court and do not affect your credit rating. Whether or not you cancelled at the right time, or in the right manner, the worst likely to happen is you get pestered by the Admin Co for a while.   With regard to the amount you paid by CCard before you found us, make sure they know you were charged unlawful late fees and felt threatened by the Admin Co.
    • sold to hph (hoist) in Oct 14.  They gave it a new account # The balance at sale was wrong.  They quoted £295 owed.   Yet there was already £230 of £12 fees + compound interest owed by santander. The last payment into the account was June 2011. Nothing since. They ask what account they should send the reimbursement to.   This was a credit card account - so assume they consider the account/ card closed...?   The letter says they didn't send a nosia - notice of sum in arrears - when the min payment wasn't met for 2 consecutive months.  They've quoted a date of start 2010  They refund interest, default fees charged from this point - and have calculated £450+ Then they calculate using 8% compensation on the refund up to this month 2021 - £390 They deduct 20% tax from the 8% compensation calculation ! - £78 Then they deduct what they say was the outstanding balance (295) Giving an alleged owed amount of £475 .   Thats a big difference to the the CI excel spreadsheet version!  
    • The mobile operator EE is to charge new customers to use their phones in Europe. View the full article
    • I think a serious point is being missed with regards to the deed or contract. This is from PoFA  2  [1]  giving a breakdown of the descriptions and the one that is important to your case is waht is a relevant contract "relevant contract” means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—(a) the owner or occupier of the land; or (b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land;   I am assuming that a contract does exist where a director from VCS has signed but the fact that  two witnesses have not signed the document means the deed has not been "validly executed" according to  https://www.legislation.gov.uk/ukpga/2006/46/section/44-and I would include the URL since not all Judges may be aware of contracts and the necessity of correct signatories being present.    It follows on from there that as there is no valid contract there can be no contract between VCS and the motorist. So even if "no stopping" could form a contract [which it cannot], it is immaterial. There is no valid contract end of. I would then go on to say that a company  completing as many contracts as VCS must know that there is no contract at EMA and so  to issue PCNs is bordering on fraudulent. In addition under their CoP they have signed to say that they comply with all Laws and Regulations relating to parking. It calls into question there ability to receive data from the DVLA. As per Lord Neuberger  Parking Eye V Supreme Court "And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA. In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced". The Judge should throw out the case there and then. It fails one of the first criteria in PoFA. You should be asking for exemplary damages for putting you through all this knowing that they had no contract and no case. And to stop them carrying on the scam.      
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1st Credit threats on £12k M+S loan from 2005


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1st Credit recently bought an £12K M & S loan I took out about 9 years ago, and

 

 

have not paid anything towards for what I believe is at least 6 years and could well be Statute Barred.

 

I have received numerous phone calls from them

- none of which I have answered

- I have caller display and never answer calls from any number that could be a DCA.

 

Also received a series of increasingly threatening boilerplate letters which I have filed in the waste bin.

 

I have a lot of experience with DCA's with several CC debts going back 10 years

- never been collected on yet

- but 1st Credit seem particularly aggressive,

 

 

the letter received today threatening to commence court action through Connaught

- one of their companies.

 

So far they do not even know I exist at this address - I lived in the Isle of Man when the debts were incurred.

 

My question is - how serious to 1st Credit usually get - is it all hot air like the other DCA's?

 

Thanks.

Edited by apc01
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Scan this letter threatening court action, blank out your details and send it off to FCA

Check the link in your post for them, as they have had action against them before from the OFT

 

Others will be along to advise shortly ;)

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usually you can treat them all the same - phishing for a mug.

 

 

is this on your CRA file?

 

 

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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Thanks DX.

 

I assume this has been on my CRA file for years - I have never checked. I have about 8 CC related debts altogether.

 

Usually I do treat them all the same and as mentioned, never been anywhere close yet to being collected on in 10 years :)

 

Will just continue to ignore them.

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go get your file

 

 

its free at noddle

 

 

see below.

 

 

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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Establish the last date you made a payment to the account - do you know if/when a default notice was issued ?

 

Was this an M&S credit card proper or a Store card that was upgraded to a credit card ?

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