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    • Hi all, I hope you are all well in this strange time? I'm trying to assist my cousin in a complaint that she has with the PDL Uncle Buck, and I've reached a stumbling block. Loan Amount:       £400 Charge for Credit: £350 Agreement Date: 05-Oct-2018 Disputed Balance: £276.79 From initial information I've seen it's been a comedy of errors with there administration side, but for her, misery. Original Payment schedule sent out to her started from 26.03.2019 - she questioned this. They never replied, so took it as that was 1st payment date. 7th Nov 18 she gets a Missing payment and a charge. Questions this, they adamant charge stands as it was a clerical error, she again disputes. 3 weeks of in arrears messages, they eventually agree to refund £15 - but now insist on I&E as she missed the payment - no change in circumstances. She asked for 3 days grace til payday. No reply.  Default notice issued. This eventually gets it self sorted and they missed payment was factored into the remaining. Dec 18 her fiancee passed away, no way to afford the payments & funeral costs until insurance settles  - UB continue to harass despite telling them the issues. Some how she finds the cash an pays something towards the balance, just to stop the harrassement. She loses her job in Feb 2019 - informs people she owe money to, that now on uni credit. UB state that if she pays x amount they can do a payment plan as she's already in arrears. I told her it's against FCA Conc regs, she emails them - nothing back. No chase emails / calls or anything till end Apr. Settlement offer - pay £355 and we will take care of the remaining balance of £535 she emails them to say she can afford £50 pcm based on the the settlement - they agree. August she gets a statement, remaining balance £235 - they had not used the settlement figure as this was to be paid in full only and also incurred missed payment charges(?) I write an email for her email requesting DSAR etc sent on 1st Sep - acknowledged 10th Sep - info sent through 10th Oct - Account was placed on hold from sept til receipt of DSAR. DSAR shows - comment of being financial difficulty, on UC, payment schedule - 9 call attempts, 4 CPA attempts (she requested this to be cancelled 2mths after taking out loan) list of charges and interest after being informed on UC and put into payment plan. Complaint goes off - complaint partly upheld - £235 still outstanding. Complaint again. Account on Hold again. Fast forward to Jan 2020 - Complaint still being looked into will have response within 6weeks.. Email received - Settlement remaining Balance £320 (they added further charges!) can do 40% settlement in 2 payments. Email goes back stating it's under investigation, would accept £150 settlement but over 5 payments. No reply. 21st Feb - Email Settlement remaining balance £276.79 - can offer settlement figure of 195 but require a payment of £55 within 3days --- this is still despite her being on UC and no reply to settlement. She replies - stating can not afford £55, can do £10 pcm to settle. - They accept, but the balance is now 266.79 and not the 195. No acknowledgement. Payment schedule issued for 10pcm totaling 266.79 -- questioned again - no reply or acknowledgement. March - she notices that UB is no longer on one of her Credit Reports. I told her to check Credit Karma & Totally Money - Both show that they are marked as "Settled"  £0 balance from 03/03/2020 So left it as that. May she gets a call from UB collections, chasing £266.79 as she's defaulted again on her agreement (note - they've never acknowledged any questions) - she informs them that as far as she and her credit reports are concerned she owes nothing. Also stated that even if she did - it should be written off, incorrect balances and reporting and as it's gone against CONC where they insisted on a Payment to set up a payment plan. Person raises a complaint on her behalf and said she is going to get the Credit reports amended as it was a clerical error. 26th May - Sum Of arrears notice " On 05-10-2018 you entered into a fixed sum credit agreement with us under which you borrowed £400.00 repayable by 6 monthly instalments. Your arrears under the loan agreement The opening balance (which is the total amount that is due and owing under this agreement) at the date of the previous Notice of Sums in Arrears (dated 26-11-2019) that we sent to you was £318.27. On this date, the payments that you had failed to pay when due under your credit agreement amounted to £259.29. We are required to periodically send you Notices of Sums in Arrears, at intervals of not more than six months, while you remain behind with the repayments due under your credit agreement. The balance now due under your loan agreement on the date of this notice is £266.79. The total amount of your arrears (the sums that you have failed to pay in full when due in accordance with the terms of your loan agreement) is £207.81" 29th May -  We acknowledge your complaint and are sorry to learn you are dissatisfied with our service. Uncle Buck Finance LLP T/A Uncle Buck (the Partnership) was placed into Administration on 27 March 2020. I confirm that Paul Boyle, David Clements and Tony Murphy of Harrisons Business Recovery & Insolvency (London) Limited were appointed Joint Administrators of the Partnership. They are licensed to act as Insolvency Practitioners by the ICAEW. They are bound by the Insolvency Code of Ethics when carrying out all professional work relating to an insolvency appointment. Today - Final Response:   How Uncle Buck understands your complaint You are unhappy that according to your credit file the balance of your loan had been settled and now you have been advised this is incorrect due to an error made by an agent. Our Investigation and outcomes  An email was sent to you on the 21/2/20 offering a settlement figure of £193.75 against your outstanding balance of £276.79 and that if accepted this would close your account. We advised that we needed a payment of £55.35 to hold this settlement offer. You responded to the email the same day advising that you were unable to take advantage of the offer and asked if we would accept your original offer of £10 per month. We responded on the 24/2/20 asking you to complete an income and expenditure form. This was sent back to us the same day. On the 25/2/20 we advised you that we accepted the offer of £10 per month.  You then responded with the date you would be making the payments, confirmation of this was sent on the 26/2/20.  You then queried the amount outstanding; Claire then spoke to you to discuss why the balance was not the £193.75 as this was a settlement offer. < She has never spoken to anyone about this. -- the person who raised the complaint said an email was sent out! As previously advised the agent who made you a partial settlement offer on the 21/2/20 made an error and added a code to your account which meant that your credit file was shown as partially settled. This has now been corrected. I apologise that this error was made and will be upholding your complaint.  However, I can not agree to write off the balance due to this error.   At no time did you receive correspondence from Uncle Buck advising that your balance had been paid.  You were advised on several occasions after this date what the balance was and a payment plan was agreed. Please contact our collections department to discuss the arrears on your account by the 11/5/20.  If no contact is made then collections activity will commence and your account will be removed from write only. This is our final response. Please note, any complaints raised to the Financial Ombudsman Service (FOS), will be directed to Harrisons Business Recovery & Insolvency (London) Limited.  They are no longer dealing with any complaints raised for the Partnership. And that's where I come to a block - they are saying that FOS will not deal with this complaint, really do not know what next steps are for her to get this resolved. Am I correct that they should not be asking for a payment to agree a settlement especially when someone has declared financial difficulty Any advice would as always be grateful  
    • Please dont forget dca's are NOT BAILIFF s and have ZERO legal powers on ANY debt.   might pay you to read a few threads in the debt self help forum too you'll soon get the idea   Dx
    • Fair enough London1971,    London1971 and Dx thank you for your help, I really appreciate it.    I'll keep you posted on what happens.    Stay safe, take care.    FSR
    • In future, all communication needs to be in writing only, by that I mean good old fashioned post, not email even.  Phone Operatives are trained to intimidate, lie, make you feel guilty, so that they can cash their commission. Right now times just got a whole lot tougher and they are even more determined to earn money whatever way they can.  When you communicate by post, this tactic is taken away from them, and they can't pressure you into doing something not in your interest.  
    • Ok, I see.    If the DCAs and creditors pursue the debt, is there a possibility that bailiffs or debt collectors can turn up at the door?
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Jason Toulmin

Shoos chasing 15yrs old NR shortfall - statute barred!?

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Hello,

 

In 2007

I received a letter about a mortgage shortfall from December 2002, a payment had not been made to the OL since around April 2002.

 

The OL sold the property in 2002 for around 40% below market value (in comparison to other properties in the street that were sold around the same time) and valuation.

 

 

I sent two SARs to the OL (The Northern Rock) in 2007 in order to see how the outstanding monies for the property could be at such a discrepancy to value, I wanted to ensure that CML guidelines had been followed correctly and that best value was attained.

No responses were made to my SARs.

I argued all relevant points with the solicitors representing the debt company regarding this and SAR'd the debt company.

 

After this everything went quiet until 2013,

same scenario with a differencing representing solicitor firm,

my response the same as previous,

their response "we are closing this case".

 

All quiet until 2017, again a different representing solicitor firm around 6 weeks ago,

3 letters later of "we represent our client and we need you to send us details of your income blah blah...."

 

I have not acknowledged this debt and the debt has never had a payment made against it.

I have read the OFT guidance on statute barred and as all will know 12 yrs for mortgage.

The only "but" is the statement that as long as a creditor stays in regular contact then it isn't seen as unfair to pursue.

 

 

My argument against this is that every time I have been contacted I have never received satisfactory response and the situation has been closed.

Now I am seeing repeated contact over long periods of time as a means of prevention of said debt being classed as statute barred, which is feeling like an unfair practice to me.

 

Can anyone advise please?

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its statute barred

bet this is drydens?


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, DCA;s would collapse overnight.

 

 

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Cheers, this is Shoosmiths...........15yr old debt, I did think it was just wanted to be 100% sure due to the contact, much appreciated.

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trying to sc@m you...

 

 

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, DCA;s would collapse overnight.

 

 

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I have to say that when I received the first letter I was a little shocked as thought I wouldn't ever hear anything again due to the age of the debt, I was wondering if the DCA is getting a bit desperate........or maybe this is just automatically generated rubbish as they have shifted to Shoosmiths :roll:

 

Out of curiosity would you simply continue to ignore or should I inform them of the age of the debt and the fact it is statute barred and nothing else or do I once again furnish them with the information that I have on the last two occasions?

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it seems maybe best to ignore if poss, over 12 years with no payments nor acknowlegement. the longer the better.

they'll prob continue to send things as entitled (letters from a collector doesn't acknowledge).

but if it gets serious eg re a claim...


IMO

:-):rant:

 

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Cheers, was wondering how far they would go until they pushed it a bit, will await another letter and see what occurs I think!

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Jason Hi...It would appear that Arrow Global using Shoosmiths as their mouthpiece have purchased a parcel of old debts and are chancing their arm.There are 4 or 5 of us in the same position indicated in your opening Post.I am sure they have not produced any Letters of Assignment to you,have they?????

 

FS

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Cheers, was wondering how far they would go until they pushed it a bit, will await another letter and see what occurs I think!

 

With Shoosmiths, going by similar threads, they will continue writing to you, unless they have info to go back to their client on. So if you are 100% sure no payment or acknowledgement since this debt was created in 2002, then write back suggesting they need to advise their client that the matter is statute barred and no further communications will be entered into.


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This may be the way to go to end this quickly.

 

 

Hello FS,

 

I got a notice from Arrow in 2013, a "solicitor" contacted me, I replied, SARd etc and the matter was "reviewed and the file now closed".

This is the first I have heard since, 4yrs later, 15yr old unacknowledged debt, no payment ever made but a different "solicitor

 

I have asked questions about the legitimacy of this debt, for it to be substantiated and have never received anything at all, case closed on each occasion but like a bad smell here another one pops up :mad2:

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the answer is dont ask them, tell them. The alleged debt is SB, now go away.

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Agree with the above - write to them stating the alleged debt is statute barred (we have a letter for that), send by recorded delivery so they can't say they didn't get it - keep a copy of the letter and print off the signed for receipt a few days after posting - keep in a safe place in case another letter pops up in the future.


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Thanks for the replies. I will write the statute barred letter and tell them to leave me alone. I have a decent collection going on now so as you say will file away with the rest.

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