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    • Hello   In my view  a self imposed bankruptcy is not necessary.   Your friend just has to accept the situation he is in and set things up to deal with it.   I think that by following a plan off filing everything, saying nothing and letting the Creditors do all the work he will come out of it in the end.   He may need to get his girlfriend on board but once he understands what these creditors can (and cannot do) it may well become less of a worry and more of a sport!   In post #8 you asked for the stages of collection so based on my experience since 2006 I will give you the various stages and make some other comments:   You fail to meet a payment date:- the creditor writes a reminder letter You ignore the letter, they send another letter and possibly emails, SMS and phone calls, all of which are ignored. The cycle continues for a period of time with a number of letters arriving from the creditor. Sometimes the case will be handed off to a Debt collector for a time which is nothing more than a company set up to make phone calls and write automatic letters. They have no power and can be ignored. At some point the creditor will issue a Default notice. This is legally important to the Creditor (but not necessarily important to your friend as it is required by the consumer credit act before any other action is taken. It will give a date by which you must do something usually to pay the arrears. If you don’t pay the arrears then you are in Default and they can go to the next stage. After a period of some months account closure usually follows. It is unlikely the Creditor will take legal action. After a period of time where you continue to get periodic letters and communications from various debt collectors the debt is sold typically for 10p to 15p in the £ to a Debt buyer. This might take six months or as much as a couple of years. You receive a “goodbye” letter from the creditor which says it has sold the debt to the buyer. You receive a “hullo” letter from the debt buyer which tells you that I now owns the debt. Sometimes the above two are in the same envelope.   The debt buyer will start out very friendly but will then get more aggressive. Even at this stage it is best to ignore them. They will sometimes offer you an amount less than the full value to get a quick profit from their purchase. You might want to take advantage of it but I take the view that if they had a strong case to get everything why would they settle for less? They know they have a weak claim when you get this kind of letter. At some point they will do an assessment on you to decide if it is worth taking court action. The bigger the debt the more likely it is, also if you are seen to have assets such as a property or shares. They will start by instructing a solicitor to send a Letter Before Action. This states what they think you owe them and gives you a set amount of time to pay it or respond with payment proposals. It may be wise to respond at this point but best to refer it to this forum for proper advice on what to do. After you fail to respond to the above they will pay a court fee and issue a County court Claim. You will receive a claim pack from the court with a number of sheets of paper; the claim itself, an acknowledgment of service, a defence form. The claim is usually created on line with the solicitor typing in the details. The Court then automatically prints and sends the claim pack. As a result it will not have any supporting documents such as original agreements, statements or anything else. IMPORTANT: this is the first document you absolutely must respond to. First thing to do is find the paper that says acknowledgment of service and send it back. This gives you 28 days to respond instead of 14. If you don't do this or immediately defend then after 14 days you will automatically loose. After this you are into the world of defending the claim which is usually very defend-able as the Solicitor has in all likelihood not provided you with any documents. This is because neither he nor his client have any and they will have to go back to the original lender to get any and very likely they will not get them. (In my own experience I helped a friend by writing to ten creditors asking for copies of the original agreement and not one came up with anything). It is possible you could loose the case in which case you still owe the money and are not much worse of than before because the creditor still has to collect it and without assets it will take a long time to pay off.   Overall, though I don’t think it is a great idea to be in debt, given the extent to which your friend is buried my advice is to consider the old adage “If you owe a tenner it is your problem, if you owe Ten thousand it is their problem”.   To that extent I would follow this plan:   Save all correspondence including the envelopes they arrived in. Do it in chronological order and have separate folders for each debt. As a rule, ignore everything unless it comes from a solicitor or the Court. I cannot stress this enough. Be a black hole into which letters, emails, texts and phone calls disappear, never to be answered, replied to or spoken to in any way. Some people just cannot shut up! Make sure your friend does! The exception is if your friend changes address in which case write to every creditor (or debt buyer that has bought the debt) and advise of change of address WITHOUT signing the letter as such, just type the name at the bottom.   (This is so they don't send court documents to the old address). In most if not all cases that will be it. Just keep filing until six years have passed or five in Scotland. This is because after that time the debt becomes statute barred and the courts will not consider it as it has become too old. (The statue barred date begins 14 days after the date of the Default notice mentioned above and six years after that it is all over for court action). In one or two cases a Court Claim may be made in which case defend it which is a whole other ball game but basically ask them for proof of the debt which they very likely cannot provide, if they can provide challenge it's enforceability,  mostly it's game over for them.   Your friend can start to get on with his life if he follows this plan and learns to accept that these debts are not necessarily the millstone he thinks. He can live within his means and have a good and fun life which is what he deserves. The original creditors have accepted some money from the debt buyer so presumably are happy and the debt buyer will make a profit across the whole bunch of debts he bought even if he makes nothing from your friend so he is happy. If nether of them are happy then they should not have got themselves into the situation in the first place.   As always I finish my comments by saying I am not a legal professional just a guy that got into to trouble in 2006 and learned a lot of this stuff along the way.   I welcome any comments from other CAGers, particularly if they spot any mistakes.
    • There were 1,348 company insolvencies recorded in August 2021 in England and Wales, according to the latest figures published by the Insolvency ServiceView the full article
    • Do not appeal. Please can you complete the questions below. If their NTK is wrong they cannot transfer the liability to pay from the driver to the keeper. If they do not know the name of the driver then they are stuck. No-one to claim the money from. In any event most of the roads on the airport  either come under the Road Traffic Act or the airport Byelaws. if they do then not even the driver is liable since Apcoa has no right to issue tickets for either of those type of roads. But they still do and people still pay them.     
    • Here we bring you the latest industry moves, including recent appointments at Court Enforcement Services, The Cambridge Building Society and LowesView the full article
    • Like this? you said paragraph 2 but it should be 3 right?   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is noted. I have had in the past a contractual relationship with Sainsbury's Bank.The claimant has failed to state any agreement/account reference number within its particulars therefore I am unable to admit or deny the alleged debt claimed.   3. Paragraph 2 is noted but not admitted.The claimant has failed to state the actual agreement/account reference number.   4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Sainsbury's bank.   5. On receipt of this claim on the 20/08/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 77 request. The claimant is yet to respond to this request. Mortimer Clarke is yet to respond in relation to the CPR 31.14 request. To date, 20/09/2021, no documentation has been received.The claimant remains in default of my section 77 request.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant entered into an agreement; and   (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974   (c) show how the Defendant has reached the amount claimed for; and   (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Help/Advice Needed On NatWest/RBS Credit Card PPI Offer


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Hi.

 

I'm hoping someone who knows what they are doing can help with some advice, on the next steps I should take in relation to my complaint for mis-sold PPI on a Credit Card with NatWest.

 

I've received a Final Decision letter from RBS which upheld my complaint, and making me an offer in redress.

 

I was a slightly confused as to how they had arrived at the figure, and so contacted them to request a breakdown of their calculations, particularly in relation to the compound interest part.

 

I've attached a word document (Letter From RBS NatWest.doc) which contains the wording I received in response, along with their "breakdown", which to me seems to be of little help in providing clarification.

 

Now that they have finally told me (it wasn't mentioned in the original Final Decision Letter) that they are "guessing" at some of it as they do not hold the data further back than 2001,

 

I'm planning on providing further evidence in the form of some extra statements that I have found for months prior to that date. Whilst not fully completing the picture, hopefully it will help them to come to a more exact calculation.

 

I've also attached a spreadsheet detailing all the amounts that are known, and where there are unknowns (those cells highlighted yellow, for months marked with an 'x' in column A) I've added in a nominal calculated figure to make the sheet work throughout.

 

I'd appreciate it greatly, if someone could take a look at the spreadsheet to firstly check that I've completed it and the compound interest and statutory interest is worked out correct, and if so, then secondly that the numbers that I've added make sense, and are suitable, or if I should do something else to fill in the blanks.

 

Finally, I noticed that on the spreadsheet that the interest stops accruing whenever no monthly payment is made for PPI (I finally got them to cancel it after a long fight earlier this year), and I wondered if someone can just confirm that this is right, or if the interest would continue whilst the credit card is still in force and the whle sorry tale has finished?

 

Thanks in advance for your help.

Edited by SaintlyOne
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Well, that's what the spreadsheet that I downloaded from here seems to suggest.

 

:???:

 

But I've no idea really, hense my post in the hope that someone who knows what they're doing will help me out by offering their expert opinion.

 

:help:

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your calculations seem way out to me

 

I would suggest as you do not have all the statements

 

using an average of 20%

 

that you redo your spreadsheet using

 

FosCISheet v101.xls

 

 

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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It is just possible that this could be a significant payout considering how far back we are looking here.

 

In 2011 my payout was just over £30k for an account going back to 1989/90.

 

I'll see if I can get some time to look at the spreadsheet over the weekend.

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

 

 

 

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wow, that would be a fantastic refund if accurate. I am sure ims will be able to work it out for you.

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

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Thanks ims.

 

Even if I've got something basic fundamentally wrong with the spreadsheet, any pointers at all in the right directions would be great.

 

 

And thanks OldRouge for the other sheet to try ........ at 20% it still worked out the compound interest at being in excess of £30k in total.

And over £16K just for the payments post 2001 included in the RBS letter.

 

Thats why I'm confused. For RBS are suggesting the total Compound interest included their "estimated" missing months/amount is just £2.4k????

Edited by SaintlyOne
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I am just going through a similar thing with RBS. Fortunately, I have all my statements prior to 2001. Unfortunately, mine is not worth £30k.

 

In my case they have offered about 50% of what I calculate is due.

 

The reason the compound interest is low may be that, by ignoring pre-2001 figures (ie the debit balance in 2001), your reconstructed account could have gone into 'the black' and you would only get 8% on that (in credit) amount rather than getting back the 20%+ they were actually charging you on a higher amount.

 

Personally, i believe there are thousands of others out there who have been fobbed off with a fraction of what is due to them by RBS conveniently not having figures before mid 2001.

 

You may have a longish slog with them but it should be well worth the effort.

Love your enemies - it drives them crazy.

Thanks to Bobby Thompson (1911-1988) for the user name:"Let them knock, the paint lasts longer than the skin".

nec temere nec timide

 

So far, all done free for friends:

Cabot - F&F reduced debt by £7700 (70%)

NatWest - PPI claim - £1,800

NatWest - PPI claim - £6,200

NatWest - PPI claim - £3,000

Co-op Bank - PPI claim - £5,200

Halifax - PPI claim - £2,800

NatWest - debt identified as statute barred - £1,900

NatWest - debt identified as statute barred - £2,700

NatWest - loan identified as unenforceable - £13,400

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I'm resigned to the fact that everything seems to be a long hard slog with RBS. :boxing:

 

It took nearly a year, and a complaint to the I.C.O, before they would give me just the info back to 2001. And thats on a card that's still in force today. :frusty:

 

I'm still hoping someone here can help me by giving the spready the once over to see if the calcs on it are correct though, or if not point me towards some expert i can PM.

:pray2:

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Any penalty charges on the credit cards btw?

they could be worth a fortune too

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I'm still hoping someone here can help me by giving the spready the once over to see if the calcs on it are correct though, or if not point me towards some expert i can PM.

:pray2:

 

Ah, ims did say he might be able to do this for you. I am sorry, he has been otherwise engaged for a few days.. I will send him a gentle reminder for you.

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

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Thanks citizenB, I'll wait patiently for ims to find the time to help. :oops:

 

Penalty charges Sabre? How so???

Read my SabretoothSheep v Natwest thread :)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423796-SabreSheep-Vs-Natwest-Moorcroft&p=4643176#post4643176

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...
  • 2 weeks later...

Hello

 

Apologies for the absence.

 

Just going to look through things and will be back later this evening.

 

Sometimes these claims going back aways are not as simple as they may first seem and a little "extra" work is involved. Much depends on the behaviour of the account over time.

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

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