Jump to content


  • Tweets

  • Posts

    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Need advice - £70k debt - should I quit DMP now?


torch1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1899 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 85
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just an update on this so far. PRA Group have replied stating they have requested the original agreement and my account is suspended and unenforceable until they have it. They also state that they can not issue a CCJ until they have it.

 

They cant issue one anyway. Only a court can. Theyre still trying to scare you. They mean they cant do ANYTHING through any legal avenue to collect the debt.

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

Link to post
Share on other sites

THEY cant issue ANY CCJ's

they might issue a claimform hoping to win in court.

 

 

but without enforceable agreement/paperwork they are stuffed

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... 

Link to post
Share on other sites

Question: What happens if they find the agreement after 12 days? Can they then issue a CCJ or could it be disputed?

 

IF ( and its a big IF), they manage to find a compliant agreement, then y ou come here and we advise the next step of action. Theres plenty of things to keep them busy.

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

Link to post
Share on other sites

IF ( and its a big IF), they manage to find a compliant agreement, then y ou come here and we advise the next step of action. Theres plenty of things to keep them busy.

 

An update on this. I have had quite a few responses now, most stating they will endeveour to locate the original agreement.

 

2 from wescot stated they are not the creditor and are instructed on behalf of their client and returned the postal order to my old address (despite giving them my new address in the letter).

 

1 from Santader with a copy of the original signed agreement from 2008 which appears to look valid. How should I handle this one?

Link to post
Share on other sites

Scan it up read upload

Go start a new thread in the Santander forum and attach it with a brief history of the debt

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... 

Link to post
Share on other sites

As for wetcloths

I did say send to their client not wetcloths

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... 

Link to post
Share on other sites

Have sent of new CCA requests to wetcloth's clients.

 

Have posted the Santander CCA response in the Santander thread.

 

Received a signed for special delivery this morning from American express (after writing to NCO) with a big package of original signed agreement and T&Cs, just within the 12 day time schedule. Too many pages to scan all of it, but agreement is from 2003 so may not be valid.

Link to post
Share on other sites

start a new thread in the amex forum.

still need to see it if you want assistance

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... 

Link to post
Share on other sites

How relevant is the 12 day limit for providing the CCA request response? If the DCA supplies a valid CCA response after this time does it make a difference to enforceability or a CCJ defense?

 

If I do not receive the CCA request response in 12 days do I need to write to say account is in dispute or just do nothing and stop payments?

 

Find it interesting that AMEX sent their response by special delivery.

Link to post
Share on other sites

very. if they dont provide it within 12+2 working days, then they cannot legally enforce the debt through the courts.

 

If the DCA supplies a valid agreement ( and its very rare they do), then you look at other aspects. The debt was sold for a reason. You just need to find out why.

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

Link to post
Share on other sites

How relevant is the 12 day limit for providing the CCA request response? If the DCA supplies a valid CCA response after this time does it make a difference to enforceability or a CCJ defense? no.

 

If I do not receive the CCA request response in 12 days do I need to write to say account is in dispute or just do nothing and stop payments? do not respond, yes you can cease payment till they comply with an enforceable agreement

 

Find it interesting that AMEX sent their response by special delivery.

 

 

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... 

Link to post
Share on other sites

when they reply with an enforceable agreement shortly afterwards I have to renegotiate reduced payments again with everyone?

 

Seems like a pointless exercise to send CCA requests if so?

 

I read that a reconstituted CCA is enforceable now if post 2007?

Link to post
Share on other sites

We check the agreement here

Then maybe you resume

 

A recon doesn't mean its always likely enforceable!!

 

Esp if a debt has been sold to a fleecing DCA

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... 

Link to post
Share on other sites

A further update, Capital One have now responded with a photo copy of original signed agreement and full T&Cs stating the agreement is enforceable.

 

 

So now have 3 likely enforceable agreements back so far.

 

If I don't act soon I suspect I will have 3 x CCJs on my way!

Link to post
Share on other sites

The letter states

 

"It was confirmed by the Judgment of His Honour Judge Waksman QC in Carey v HSBC [2009] 3417 (QB) that providing a reconstituted copy of your agreement is compliant with S78 and there is no requirement under the CCA to provide you with a photocopy of the original signed agreement" (although they have done).

 

Would it be a good idea then to offer them £x for x months due to my change in circumstances (health issues and reduced income).

 

 

A family member has offered to clear a few of the enforceable debts if I can negotiate a reduced full and final offer with them soon as they are causing me a lot of stress and affecting my health.

 

I am a bit reluctant to come off Stepchange and self manage as dealing with the admin for 19 debts is not easy in my circumstances.

Link to post
Share on other sites

carey is a load of ole twaddle

and that's not what it said either

just their interpretation of what they think it meant.

 

now can we see these agreements please

new thread in the cap1 forum please too

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... 

Link to post
Share on other sites

  • 2 weeks later...

I sent a CCA Request to Cabot Financial.

They did not respond to it (over 12 days)

Have sent me a letter today stating they have not received payment.

 

On the letter it says original lender is northern rock (pre 2007) and current creditor Marlin Europe V Limited.

 

Should I have sent the CCA Request to Cabot or Marlin?

Link to post
Share on other sites

Marlin are Cabot...

If they've not replied then tough for them

No payment till they do

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... 

Link to post
Share on other sites

I sent a 4 x separate CCA Requests to LINK Financial at the follow address by recorded delivery, some time ago (over 12 days ago)

 

Link Financial Outsourcing

PO BOX 30095

London

SE1 7WU

 

None of them have been picked up when looking at royal mail tracking.

 

Any ideas what to do?

Link to post
Share on other sites

Don't waste money on recorded use 1st class with free proof of posting from the po counter

Its all in the CCA request posts

 

DCA's never sign for them

 

Was that the address on their letters?

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... 

Link to post
Share on other sites

The address on their letters is exactly as above.

 

I wanted to send recorded so that I know they received the letter. Proof of posting does not ensure that.

All other DCA picked up their recorded deliveries (even to PO Boxes)

Seems that just LINK do not. Perhaps they know its a way to avoid receiving a CCA request!

 

Should I send another with proof of post only. Cant be sure they will get it though!

Link to post
Share on other sites

I don't think a company can refuse to accept recorded delivery easily, unless the local Royal Mail are not doing their job properly. There might be a delay in receipt being confirmed. If the recorded delivery letter was to a correct address for Link, then no reason for it not to be received and signed for. If a letter is sent to an address mail is not accepted at, then of course it won't be delivered.

 

I would only send by recorded delivery if it were extremely important to have an item tracked. For a CCA request, only proof of posting at post office counters is needed, keeping a copy of what was sent.

 

If the Link address is shown on their letters it should be correct. Presume it was received, unless Royal Mail tell you it was not delivered.

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

I have sent 8 separate letters to LINK by recorded now. It is their official correspondence address. None of them were ever delivered or picked up! Still in the system undelivered.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...