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    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
    • the sil landlord, it was for £20k plus he added £18k for rent and utilities bills.
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Paulmcc87

Speed Credit/Cash Choice/BPO/Wilson Field...Please help

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New to this forum and got a bit of a long winded story so please bear with me

as any help or advice you could give would be greatly appreciated.

 

In 2012 I had £400 loan through the speed credit website and like most had issues paying it back.

This in turn made me seek help through Step Change (CCCS at the time)

who helped me set up a debt management plan to pay off all of my various debts to other payday lenders,credit cards and bank overdraft.

 

The loan from speed credit has caused me many issues over the past few years

and even though I was in a debt management plan the original outstanding balance of £400

quickly accelerated to £2570 at the point of last contact via Marshall Hoare.

 

 

I have always made payments through step change to this debt.

Last debt collection company I had contact with was Digital Financial service.

 

 

Payments to DFS suddenly stopped

and after a few months step change advised me that I had to contact Wilson Field regarding the outstanding balance.

 

 

Wilson Field informed me that DFS had gone into liquidation and they were to collect all outstanding balances.

This was all done over the phone and I have never received any paper work from Wilson Field.

Payments have continued to be made via step change again.

 

In March this year I got a letter from a company called BPO

stating they had been passed my account from cash choice uk ltd

who had bought the debt from the original lender MCO capital.

 

 

The letter offered me the chance to clear the outstanding balance of £3100

(unsure as to why the amount owed has increased so much!)

if I paid a one off payment of the original loan amount £400.

 

 

According to BPO, cash choice had passed the account onto them in December 2015.

I phoned Wilson Field to see if they still had my account in their control

as they have still been cashing the monthly cheques sent by step change

and to tell them about BPO claim that they owned the debt.

 

 

According to Wilson field they are still due the payments each month

until the balance is cleared but they said they don't hold any details on their systems relating to individual cases.

 

I decided to contact the Financial Ombudsman regarding the matter.

Two days ago I got a letter from BPO confirming contact from the Ombudsman

and in turn they had returned my account to Cash Choice uk

and all further contact should be made to them.

 

I am at a loss as to who actually legally owns this debt.

To date I have repaid nearly £650 towards the debt to the various companies who have passed it about between them.

I feel I am not getting the help needed via step change

so looking on hear to see if anyone is in the same or similar position.

 

Once again any help is greatly appreciated

 

 

many thanks

 

 

Paul

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sounds like you are being cash cowed to me.

most of those names are wellknown for it.

 

take a look at your credit file.

that will tell you who currently owns the debt

then send them A CCA request.

they have 12+2 working days to comply

once they fail

quite honestly I would, If I wee in this situation

stop payments.

 

sadly, as you'll find with your other debts too

step change

do no checks on the legality of debts

esp those sold to a DCA.

 

thirdly

stop phoning these fleecres

you need a paper trail.

they are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

esp Marshall Hoare.

, who are NOT bailiffs despite their name!

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=cash+choice&sa=Search+CAG#gsc.tab=0&gsc.q=cash%20choice&gsc.page=1


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thank you for your reply.

 

This may sound ridiculous but nothing has appeared on my credit file regarding this debt. I would have been happy enough to pay back the original loan amount plus a small bit of interest but there is no way I would be paying back the full amount. I just don't want something to come back and bite me years down the line would rather try and get it sorted.

 

Thanks again for your advice

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have you moved in recent times?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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no I have been at the same address the whole time but it is something that me and my family would be wanting to do once my credit file is good enough for a mortgage

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I second DX's thoughts, cash cow for certain.

 

Speed Credit is Digital Finance Services, or at the very least it is the same boss??

 

This account must have been terminated? Did you receive a default notice which gave you a date by which to rectify your account?

 

The continued adding of interest and, possibly charges, is wrong, and these can be reclaimed, I'm pretty certain, that if you were to raise a fuss about this, to the relevant authorities, you would see these legal loan sharks capitulate and write this off, as has happened with many a wonga con.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Have never received any paper work from any of the companies mentioned in my original post. All contact has been from them sending emails from which the last one was back in 2013. Have never got a default notice either and nothing shows on my credit file about this loan.

 

I'm thinking I might need to phone and cancel payments getting sent towards the balance via step change. Also think I will send a CCA to both cash credit uk and Wilson field and see what happens from there. Will also keep in contact with the ombudsman and see if I can get any help from them regarding the matter.

 

Many thanks again for your help :)

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Check all stuff paid thru step change not just this debt


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Ok thanks I will. Originally had 13 creditors and it's now down at 4. The other 3 debts are pretty low compared to this one so that's why I want to get this sorted. The three of them will be paid of within the next two months so just want to get myself sorted again instead of feeling so down about this problematic company and who actually owns this

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