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    • I accept the point you have made in paragraph 2 and I am aware of the risks I will incur at any hearing. However the opposite side of the same argument is that Lloyds will have to claim they have no liability whatsovever as the card services provider in a scenario where clearly there was a breakdown of payment services between themselves and the merchant.   The Court may decide against me for not exhausting all options or it may accept that myself and this particular merchant are in dispute and there was no reasonable prospect to recover the money. Regardless of those options (which is exactly what I consider them to be options - not obligations), I am of the opinion Lloyds Bank is still liable as a card services provider and if I am successful it will have wide reaching implications on their policy of attempting to fob their customers off whenever they induce preventable mistakes and refuse to correct them.   To put it another way, if you have a dispute with an energy company you can use the Ombudsman Service, or you can forgo it and proceed to court. I have forgone my option of a section 75 claim and wish to hold Lloyds liable. I believe I am only afforded the option of a section 75 claim as a result of the Consumer Credit Act - although this could be an error on my part. And that banks prefer their customers to pursue merchants in full knowledge they are equally liable. After a lengthy discussion with HSBC regarding the same issue they attempted to fob me off with a similar excuse that I am subject the conditions of Master Card or Visa or whichever company it may be. They attempted to do this by simply referring me to a webpage that does not form any contractual agreement or present itself as terms and conditons to be accepted by me. I totally disagree with the positions of both banks, if I have entered into agreement and hold an account with Lloyds, I believe all my dealings are be conducted with them and whatever agreements they have with another payment service they intertwine with is a matter for them. My credit card agreement is with Lloyds not Master Card.   Both myself and Lloyds will be risking something if this proceeds to Court. I have accepted that and there are few causes worth pursuing that do not carry inherant risk.
    • Hi, thanks for replying. Your help would be really appreciated. The arrears are 4 months worth of payments. I haven’t received the defence form as yet.
    • So the dealers aren't interested It doesn't matter, as you already understand the liability rests fully with the finance company and frankly I think that you are probably waited long enough because nobody seems to be committing themselves to sorting the problem out. There are a couple of technical problems that you need to understand. A quick of English law is that you must actually have suffered a financial loss in order to bring action. Although clearly the damage the engine represents a substantial amount of money – it isn't actually money. Normally speaking if you're suing for breach of contract you would have to demonstrate a pecuniary loss and that means that you would actually have had to spend the £8000 to repair the vehicle and then claim it back. I think that the county courts are sufficiently modern-minded that they may run with it anyway but I would be surprised if your hire purchase company objected in the first place to bring an action for the value of work which had been carried out. The second thing though is that if you are not actually out-of-pocket then you won't be able to claim interest. The County Court rate of interest at the moment is extremely high comparatively speaking – it is 8% simple. You won't get that rate of interest anywhere else. If you simply sue for the value of the repair without having spent the money, then assuming that nobody raises some technical legal objection, then all you will be able to recover is the £8000 for the repair and no interest. If you spend out the £8000 now and have the car repaired then you will be to recover that money +8% until the money is repaid to you. Of course the hire purchase company won't actually want to go to court about this and eventually they will pay. However they will simply try to pay you your net sum – but if you have actually started proceedings then my advice would be that you should stand your ground and tell them you want every last penny including the interest – as well as your court fees. There may be other losses which you are incurring why this car is off the road. Presumably you are paying insurance. Presumably also you are paying road tax. You have an alternative vehicle so you aren't really in a position to claim for alternative transport but on the other hand if the loss of this vehicle is costing you anything else then we need to know about it. You certainly need to calculate a daily rate for the insurance which is basically money thrown away and also a daily rate for the road tax which is also money thrown away. If there are storage fees then they should be recoverable as well. My recommendation to you is that you get the work done after having given proper notice to the hire purchase company that this is what you going to do and that you are then going to see them to recover the money. Let us know what you think about this. Have you asserted your right to reject?  
    • OK,   well I think you should definitely enter a defence - I can help you with that - there is absolutely no reason for them to ask for a suspended possession order when you have made all payments under the arrangement.  How many months mortgage payments does the arrears figure represent ?
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QQ PDL sold to Red Castle, written off deb,t but won't remove from credit file.


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Hi

 

I have been on this debt journey for a while now.

I got sucked into the cycle of payday loans,

all of which I paid off until it got too much and I defaulted with QQ at just under £1000

 

This was then sold to RedCastle.

I emailed Redcastle in October Asking them to provide information on the debt as

there were two separate entries for the same amount with different default dates on my credit file.

One from Redcastle and the original one with QQ.

I Sent a copy of my request to QQ and they removed their entry.

 

I have now received this letter from Redcastle Recoveries.

 

We are writing to you in relation to your above numbered loan that you originally took out with CashEuroNet.uk-QuickQuid,

and which was subsequently acquired by us.

 

Please note that we have now taken the decision to write off the balance and close your account.

What this means for you:

 

  • The balance on your loan is no longer due
  • l We will no longer contact you regarding the above numbered account
  • l You do not need to repay the balance of the above numbered account

 

However, please note that because you have not repaid the balance due in relation to this account,

if your credit file shows a balance is outstanding it will continue to do so

for a period of time no greater than six years from the date that you originally defaulted

on your agreement with CashEuroNet.uk-QuickQuid.

 

You should also be aware that this may affect your ability to gain credit with other lenders,

and that should you choose to repay this balance at a later date your credit file will be updated to reflect this.

 

If you would like to speak to one of our agents regarding this matter then please contact them via 0344 894 1930 or alternatively via email on .

 

Now I have contacted QQ and complained about the affordability of my loan and I am waiting on their decision,

I had hoped that either they would effect the writing off of my loan or they would pay me the interest on all of my loans

and I could clear it as it is the last remaining unpaid debt on my credit file.

 

I called quick quid and they said they have not made a decision on my complaint

and they did not contact Redcastle. So I am wondering why would they do this?

 

Should I just be happy they will not pursue.

But the whole point is to repair my credit so at some point in the future I can try to buy a house.

 

Any ideas as to what I should do?

 

Thanks

 

Tia

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p'haps have to await the irresponsible lending enq from QQ

 

 

did you fwd a copy of the QQ letter stating CRA file removal to reds?

 

 

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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Hi dx100uk

 

This is what I am thinking, but I am concerned that since QQ removed their default and RedCastle put theirs up, they might not honour QQ's ruling if it is in my favour.

 

If I receive my interest back and pay RedCastle, how can i ensure they will remove the entry?

 

Also as QQ no longer own the debt, what will happen if QQ agrees to irresponsible lending? will the interest be taken off the loan even though it is no longer with them?

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the loan will not exist..they must remove it.

 

 

pers I'd be giving the FOS a quick call

 

 

if you read here, they act rather quickly with regard to QQ stuff.

 

 

what RC are doing is WRONG.

 

 

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, I thought something seemed rather fishy about this situation.

 

Apparently I have to wait until 8 weeks after my complaint to contact the FOS about QQ, but I most certainly will contact them about this letter.

 

I have never heard of a DCA telling someone not to pay but the debt still exists? How is that possible?

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you don't have to wait to get advise from the FOS or even the FCA.

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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Share on other sites

you don't have to wait to get advise from the FOS or even the FCA.

 

Contacted FOS who said to wait until I receive a response from QQ Due 13/01/16.

 

Called FCA who said there is no rule prohibiting DCA'S from writing off the debt and leaving it on my credit file.

 

I have called Red Castle twice requesting an explanation as to why they wrote off the Loan. No response.

 

I am applying for a position in the bank, they will credit search me and this is the only unpaid default and the only one since 2012.

 

The deadline for the application is 4th Jan 2016. I am thinking, should i offer to pay like £200 for the complete removal from my credit file? I figure since they are willing to just write it off they might remove it for financial gain?

 

What do you think?

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ideally you should be using the phone to a dca without recording the call.

 

 

it has been known for DCA's to remove an account if you offer to pay it off.

 

 

however you need to be extremely careful

 

 

and get the exact wording from them in an email

should they agree.

 

 

i'e that ALL NEGATIVE DATA AND the whole account will be removed from the cra system [all 3 of the providers]

and that they will never sell or chase the debt again.

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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I FIRST SENT THIS TO REDCASTLE BACK IN July.

 

Dear Sir/Madam

template removed - dx

 

A few days later they said

 

Dear ,

 

Thank you for your email the contents of which have been duly noted.

 

We have raised a query on your behalf with our client, QuickQuid,

in order to obtain the documentation you have requested.

 

Your account has been placed on hold and once we have a response

we will be in contact to discuss this further with you.

 

Should you wish to discuss this further, please do not hesitate to contact us by e-mail,

or by telephone on: 0344 894 1952.

 

Kind Regards

 

and then nothing until this letter.

 

And now i am thinking of sending this:

 

Good Afternoon

 

Thank you for your communication by text message, I downloaded the letter, a copy of which is attached.

 

My understanding of this letter is that you do not require me to pay you back but the debt is still owed?

 

Since my initiating contact with you was all about repairing damage to my credit file, I need to see what can be done to remove this altogether.

 

I am currently in communication with the financial Ombudsman Service and Quick Quid as I had numerous loans with them that were unaffordable. I am awaiting confirmation from QQ as to their position and then if i am unsatisfied will return to the ombudsman with my complaint.

 

whilst I appreciate the loan being written off my primary concern is my credit file. I am looking for work in the Financial Service Idustry and this is causing a problem.

 

If (and i believe they will) QQ / Ombudsman deem the loans unaffordable all records would be removed from my credit file.

 

How would this happen if the current entry is from you, but relating to that debt?

 

Could I offer a payment of 20% to close the account and get immediate removal?

 

what do you think and thanks for your help.

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load of garbage..sorry.

 

 

its irresponsible lending.

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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Share on other sites

i'll see if can write something later.

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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