Jump to content


  • Tweets

  • Posts

    • Given that the OPS initial post is with regards to DCAs and not original creditors...its fairly unlikely that you would have or could arrange an AP marker...arrangement to pay..... (not a D marker as you refer to Peter) as the agreement would have been terminated at assignment and already recorded as a D.   D represents ‘Default’, which is recorded once the lender believes that the credit agreement has broken down, usually due to a sustained period of arrears. A default is also a form of account closure, meaning that defaulted accounts will be removed from your Credit Report once six years pass from date of default. That being said in some cases, the account may only be marked as closed with a Satisfied (SF) marker when the outstanding balance has been paid. This will depend on the lender or the Credit Reference Agency that they have reported the account information to. Regardless of whether a default is recorded as open or closed, if a balance remains outstanding you can still be chased to repay this indefinitely. Defaults will severely damage your Credit Report. They will only stop harming your Credit Rating once they have been removed, six years from date of default. This is regardless of any subsequent payment made towards the defaulted account.   DA – Debt Assigned DA is used to show ‘Debt Assigned’. This marker is reported when an account has been sold to a debt collector. The original lender will then record the status of the account as Debt Assigned to reflect that the debt has been assigned to another company.
    • organised criminal gangs pull all kinds of stunts......
    • It could work 2 ways it might make them decide to bail out and withdraw ilast minutef they can't counter it, or plod on and try to wing it on the day
    • Wont work I am afraid, at least not in itself. Broadly, a creditor can record a D on a re arranged debt under certain circumstances.   Yes I know, completely unfair, and needs challenging, in court desperately.   I would make your complaint, and when you get the final response go to the FCA ombudsman,   The number is freely available, you ring in the first instance and he will tell you what he needs.   Generally, if you make a fuss they eventually cave in to avoid court action, but it requires perseverance and can take a while.   I think i stated the situation elsewhere on this forum.   @ London. The Section 87 notice is a requirement of the CCA, and has nothing to do with data recording. Although you should check if a warning of filing the debt was issued 28 days before it was placed on the record.   @Andy A notice of correction is a mixed blessing to say the least. All they do is disrupt the initial search from a prospective lender, generally they do not proceed to to examining the account, if the search is "footprint free" the creditor cannot see it without registering the search. 
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Please note that this topic has not had any new posts for the last 2069 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Dear all.

 

I'm hoping someone can help me with this one. We've had a history with this business for many years. They seem to magically make new accounts appear from nowhere and up to now we have several.

 

Anyway, this latest letter announcing a new unpaid account of more than £1000 has got me very angered.

 

It's basically a letter threatening us to pay up or go to prison for up to 90 days. Here's a taster of the letter's contents:

 

"As you have failed to make payment arrangements on this account with us, the next stage in the recovery procedure is to formally report this to the Local Authority, recommending that they make application to the Magistrates Court (their emphasis) for a hearing to consider your committal to prison. The Magistrates Court costs associated with this application will be £305.00 payable by you."

 

Whether or not I do owe the money on the account is not for dispute at this time. However, my question is: can a bailiff company legally use tactics or language like this to encourage you to pay them money?

 

I was unaware that debt collection companies were authorised to recommend non-payment for prison custody. I hope somebody clued up with this type of legal stuff could advise me as to the legality of this letter and what I can do in response.

 

I can provide the full letter in full if required and requested.

 

Many thanks and regards.

Link to post
Share on other sites

Is this council tax?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Are you up to date with Current year, and is the amount the bailiff after for the same property? Other Caggers will be along soon with questions and advice tailored around your answers.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

The hearing is not about committal to prison, but to find out why you are not paying. You are not technically sent to prison for non payment of council tax , but because you refuse to accept order of the court.

 

And the council concerned have to exhaust all other avenues of collection, before it would ever get to the court sanctioning prison because you refused to accept the courts order to work with them to make payment.

 

So, I don't think the letter should be acceptable written in that way.

 

You should write to the council with full reasons as to why you are not paying the liability order being chased and to agree to work with them to come to an arrangement. Complain about the letter from Rossendales.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

You suggest this may cover several years. If so then you should ask for details of all accounts Rossendales hold for you. At the same time ask the Council for similar and let's see if evrything tallies up. As for what they have written at present then unfortunately although it may be morally wrong they can say that.

 

For the Council

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

For Rossendales

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Ploddertom, can you show us where, in regulation or statute, that the bailiff company has 14 days to respond or even has to respond at all?

 

Its all easy enough to supply and they all should supply it unless they have something to hide. I'm just trying to find out if there is any power behind the 14 days that you quote?

Link to post
Share on other sites
Ploddertom, can you show us where, in regulation or statute, that the bailiff company has 14 days to respond or even has to respond at all?

 

Its all easy enough to supply and they all should supply it unless they have something to hide. I'm just trying to find out if there is any power behind the 14 days that you quote?

 

There is no power behind it. It was written to give a reasonable amount of time in which a response would be expected. In my view if you don't give some sort of time frame then there are some you would take it upon themselves to think they have 3 months or more. The majority of the "main" Enforcement Co's will respond by return.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Hi all

 

Just want to thank everyone for their responses. I've got a lot of valuable information from you all as to how I should progress.

In answer to the questions; yes it is Council Tax and we're running several paid accounts which are all up to date. We pay a monthly fee via DD, and they even take out 15% of my wife's income from the bank.

 

It just seems that as soon as we get one unknown account up and running for repayment, Rossendales seem to magically summon another in its place. It's got so complicated that we just don't know where we stand anymore, or what, exactly we're paying for.

 

So our next step will be to request the information suggested by the poster on this forum (thanks so much for the template!).

 

My main concern was my wife. We have a disable daughter and my wife's health isn't great either. She's worried sick they are going to send us to prison. I just thought the letter of threats with prison from a debt collection company could be considered as intimidation.

 

Thanks again so much everyone for your assistance. It means a lot and is sincerely appreciated.

 

Best regards.

CP

Link to post
Share on other sites

Rossendales should not just be setting up new accounts. There needs to be a new instruction from the council related to a liability order.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
*

 

My main concern was my wife. We have a disable daughter and my wife's health isn't great either. She's worried sick they are going to send us to prison. I just thought the letter of threats with prison from a debt collection company could be considered as intimidation.

 

 

CP

 

Are the council and bailiffs aware of the above

Formally complaint to council about their agent

Your locally MP and councillors will help you on this

 

There is people will higher council tax debt then you have

For being poor is not a reason to be sent to prison

It will probably not happen in your case either

If you are having lots of holidays and living a good lifestyle while refusing to pay the council prison would be more likley

 

If it was to go to court for committal proceedings the judge could remit part or all of the debt

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...