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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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£60k secured loan - Picture>Picture Finance Ltd>Target>Webb, now IDEM.


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Hi

 

I would like to send a letter to my loan company offering them an increased payment monthly to clear off the arrears on my account.

 

 

I have completed a budget sheet and will include this with my letter.

 

Is there a template I can use, or can someone help me with the wording please.

 

 

I have received default notices and i think the lender is taking legal action and looking to repossess.

 

 

I want to stop this if possible please.

 

Thanks.

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  • 5 months later...

I have a huge secured loan with Picture.

I cannot recall ever having received a statement from them.

 

 

I owe almost 3K in arrears and still have approx 40K left to pay on the loan

(I have been paying £800 per month for 5 years now)

 

Should I be receiving statements or at least something to show me how much I am paying to the debt,

and how much i am paying as interest, etc?

 

 

I know I can write to them, but the last time I did this,

all they sent me was a redemption figure which seemed to me to be excessive.

 

I recently wrote to them asking for all the information they hold SAR,

and they sent me a disc with scanned copies of the loan agreement a

nd letters and emails that had passed back and forth between us.

 

 

Also included were a few internal emails form one dept to another

asking if they would be likely to get the outstanding amount owed if they went for repossession.

 

I'm about at the end of my tether with this loan.

 

 

.I don't know if I can survive for another 5 years since my wages have just been frozen for 3 years,

 

 

but the cost of day to day living keeps rising.

 

 

I have aged 20 years in the past 5 and I probably won't even live long enough to see the end of this loan in 5 years :(

 

 

Sorry for the whinging...not feeling too good today.

Edited by sgianthebard
spelling errors
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Don't be too down-hearted about the no reply situation.

 

 

The forums are more active at the week-ends usually.

 

 

To answer your question, if you sent them a SAR, then they should have provided you with a statement

along with all the stuff they did give you, as it pertains to you.

 

 

If you didn't receive a statement, then the SAR is incomplete.

 

 

I read somewhere that companies that you have financial agreements with must provide statements at least once a year.

 

For example, Lowlife's put on their 'statements', that they have an obligation to send statements annually,

(they quote 2006 amendments to the Consumer Credit Act).

 

If this is for unsecured debt, then I would presume that the same would apply with a secured one.

 

I hope this helps answer your question.

I have had personal dealings in the areas I comment on, however, I am not a lawyer. Any advice I give is without prejudice and is merely my opinion based on the information I have gleaned from my experiences, understanding and interpretation of the law. You should always seek the advice of a qualified legal professional.

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  • 1 month later...

Thanks Acerbic.

 

 

Seems like the SAR is incomplete then as it didn't include statements.

 

 

All I did receive, in fact, was a CD with a password to access the data on it.

 

 

Data consisted of scanned copies of the loan agreement,

letters I had written to Picture,

and a couple of internal memos asking each other if they were likely to have success if hey pursued repossession.

 

This all sounds dodgy as hell to me but I don't know what to do about it...

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Hi there

 

I have a similar problem

....selling our house due to serious debt,

got a settlement figure for our secured loan which is 12k more than we took out,

even though we have paid 24k off in the last 4 years!!

 

 

I posted my thread on the Barclays forum as that is who the loan is with

and I got a really good reply which allerted me to the fact that I have NEVER received a statement for this loan!!

 

 

It's a nightmare, we are selling the house to pay this loan off and to start again...now we won't have much money left!

 

 

I have just got off the phone from Barclays and they have said that as the loan was taken out in 2007 they don't have to send out statements...only loans from 2008!

 

 

I have also filed a complaint with them about being missold PPI....hopefully at least I will get that back.

 

 

I am not sure if my post has been helpful to you, but at least you know you are not alone....I will let you know how I get on.

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  • 3 years later...
I've just checked my credit file using Noddle and I can see no record of a secured loan I have (it's in default and arrears) appearing there.

 

What does this mean?

 

Whoever the loan is with are not reporting it to Noodle, better checking with Experian or Equifax.

Not all lenders report to all 3 CRA's.

 
 

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

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

If you can, please donate to this site.

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

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 4 weeks later...

To cut a long story short:

 

10 years ago, I took out a joint loan for £60,000 with my (at the time) wife with Picture, secured on our home.

 

Since taking out the loan, financial problems (including a divorce) have caused me to accumulate arrears on the loan.

 

The loan has moved from Picture>Picture Finance Ltd>Target>Webb>IDEM.

 

IDEM have now issued a default notice saying I have £20,000 arrears and still owe £38,000 on the loan.

 

The loan term was due to end December this year.

 

I have requested, and received SAR from IDEM and now have a copy of the original agreement and all statements since the loan inception.

 

Interest plus charges have continue to accrue as I missed payments, and mathematically, it looks like I do owe the sums claimed.

 

Do I have a next step other than go to court and plead for mercy and a payment plan?

 

(there is no PPI and claiming back the charges is not my immediate concern)

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  • 3 months later...

Keeping this as short as possible at the moment. I can go into further detail about tackling this in a different way on a different thread.

 

Before I look at possible other options, can I get opinions on the following please:

 

 

10 years ago, I took out a secured loan with Picture for £60k to be paid back over 120 months.

The apr was 6.9%.

I have calculated that the total to be paid back at that rate would be £79,221

 

I have missed payments and accrued charges and additional interest.

 

 

A letter I received from IDEM told me that although I have paid almost £80k on this loan, I still owe over £36k

 

I have now received a calling up notice.

 

I want to make a f&f and I think that as I have already paid more than the total due, an additional £36,000 is unreasonable.

 

 

I know that because of missed payments, extra interest will have accrued, but what would be a reasonable f&f that the courts might agree to?

 

Thanks

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can you not put in a claim for all the fixed sum arrears charges

and any other fixed 'penalty' charges

 

 

letter

missed/late payments

phone calls

debt management.

 

 

etc etc

 

 

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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Yes dx, I could claim for all the fixed sum arrears charges and any other fixed penalty charges. But if I'm going to try to negotiate a reasonable settlement with them, it might be better to tackle this (initially) in a way that is not combative.

 

That's why I'm asking if anyone has an opinion on whether this method will be a better way to go than to dive straight in claiming back charges etc.

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and get short changed probably

 

 

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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Why not dive in. They seem to have no issues doing it to you.

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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Because diving in claiming back charges will not look good in the eyes of the court if this company declines my offer of a f&f.

 

 

I have to make it clear to the court (in the event that it goes there) that I have tried my best to negotiate reasonably with them to settle this.

Then it is THEY who will get harsh words from the court for not being reasonable.

 

If I go at them for charges etc then in the court's eyes I will have approached them in a hostile manner and the company can them claim to be the reasonable victims.

 

I have been going to the courts and sitting in the public area watching how much of a difference it makes

when one side is seen as trying to be reasonable compared to being hostile.

 

 

I can tell you for a matter of fact that the demeanour of the claimant and defendant

and the manner in which they have conducted themselves in negotiations has far more weight in the court's decisions than any point of law.

 

 

Decisions are always at the discretion of the court, and even citing a precedent will not get you a better result. Sad, but true.

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who says reclaiming is unreasonable

 

 

I would view it as the correct thing to do.

 

 

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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Claiming unreasonable charges back is never seen as unreasonable. Also getting that ball rolling may make them more willing to discuss a F&F that is more palatable to you.

It is easier to enter a rich man than for a camel to pass a needle

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I am fully aware that I can claim back charges. That is not the issue I was asking opinions on:

I can go into further detail about tackling this in a different way on a different thread.

 

Before I look at possible other options, can I get opinions on the following please:

 

I'm looking for opinions on this:

10 years ago, I took out a secured loan with Picture for £60k to be paid back over 120 months.

The apr was 6.9%.

I have calculated that the total to be paid back at that rate would be £79,221

 

I have missed payments and accrued charges and additional interest.

 

 

A letter I received from IDEM told me that although I have paid almost £80k on this loan, I still owe over £36k

 

I have now received a calling up notice.

 

I want to make a f&f and I think that as I have already paid more than the total due, an additional £36,000 is unreasonable.

 

 

I know that because of missed payments, extra interest will have accrued, but what would be a reasonable f&f that the courts might agree to?

 

If I want opinions/advice on claiming charges back, I will ask for that, but for the moment I wish to concentrate on the above please.

 

Thank You for your input which I do appreciate, and apologies if I sound brusque, but I did explain all of this in a previous post.

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  • 3 weeks later...

I sent a letter explaining the reasons for the arrears and I made a F&F offer. It has been rejected. The company want me to fill out an income/expenditure form to see what affordable repayments can be made.

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  • 5 months later...

UPDATE:

 

I am now in a position to offer all (or almost all) of the arrears on this account.

I can start to make the regular monthly payments once I have cleared the arrears

, and the loan term will expire in December this year.

 

However, due to the arrears,

IDEM have continued to charge interest and will say that I still owe them about £20,000.

Some of this (a VERY small portion) will be charges which are possibly able to be claimed back)

, but the main part is interest on the outstanding loan piling up due to the arrears.

 

Now, I recall reading somewhere that the courts will not issue a repossession order on interest or charges, only on arrears.

So if I clear my arrears, and don't accrue any more until the loan term is complete,

is my house safe from repossession?

 

 

Thanks

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IDEM are a dca who is their client?

 

 

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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to be honest something has to be wrong here somewhere

 

 

why would someone sell a £60k loan on?

 

 

is the charge still showing?

 

 

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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