Jump to content


  • Tweets

  • Recommended Topics

  • Posts

    • Hi dx100uk,   No I couldn't find their mobile or direct line numbers for either my local Councillor or the leader of my Council. All that I have been able to find are their email addressed and the Council postal address.   Walshy
    • Hi,   I sent the email to both my local councillor and the leader of my local council yesterday evening. I didn't receive an acknowledgement email. Do you know if I should have, as I know that if you ever email an MP you always receive a acknowledgement email?   Walshy
    • Can I ask how your taking him to court with just his a trade name ?  Yes I notice hes still trading on ebay.   
    • Very good finds indeed which help to undermine their case.. And to strengthen your case take a look  look at a thread by Tom Price also at Southend airport which is several threads below yours and you will see that he won his case on the fact that he was stopped rather than parked. On top of that he had the Airports Act  1986 to quote. The relevant section is no 63 " Byelaws are covered at S.63  (2)Any such byelaws may, in particular, include byelaws— (d)for regulating vehicular traffic anywhere within the airport, except on roads within the airport to which the road traffic enactments apply, and in particular (with that exception) for imposing speed limits on vehicles within the airport and for restricting or regulating the parking of vehicles or their use for any purpose or in any manner specified in the byelaws;" That confirms that the roads at the airport are either covered by the Road Traffic Act or Byelaws neither of which is relevant land therefore  PoFA cannot apply. And  VCS should be aware of that. Another thing is that when you posted their WS you didn't include their contract which I missed at the time. However Tom Price included it in his. And guess what-the  alleged offence they are pursuing you for, No Stopping, is not included in their contract. If you look at the end of their Service Agreement [aka contract] you will a list of contravention on Scedule 1 [7] (46) PARKING/WAITING ON A ROADWAY WHERE STOPPING IS PROHIBITTED That is the nearest to what you did. But you were not parking nor waiting -you were stopped so there was no reason to issue you with a PCN as you never broke any of their contraventions. Looks like they breached your GDPR and you should include that as it carries a hefty charge £750 is not unheard of.   Have a read of his WS too which may give you further ideas even possibly to rebut some of the points VCS  make.
  • 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 1138 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 Forum Fans,

 

I have CCA'd 2 old debts I have from old Credit cards, 1 to Cabot Financial, the other to Buchanan Clark + Wells. I followed all the templates on here, sent blank postal orders. This was last week and they have not even had them for 4 days, I have received the following replies:

 

Cabot:

 

Dear xxxx

 

Your request for information under the consumer credit act 1974

 

Thank you for your request for information under the consumer credit act 1974. Cabot financial currently does not have this information on file. However, we have requested the relevant information under section 77 and /or 78 of the consumer credit act 1974 from the original lender.

 

Please be advised, we do not accept the statutory fee required under section 77 and/or 78 of the consumer credit act 1974 and we have returned the fee for £1 that you have snet.

 

What happens Next?

 

We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again.

 

Contacting Cabot

 

If you have any queries about your account, please call one of our customer advisors on 08450260463.

 

Yours sincerely

 

Customer assurance team

 

Buchanan Clark and Wells:

 

Dear xxxxxx

 

Cabot financial Europe Limited 328811 £xxxxx

 

i write with regard to your recent communication concerning the above account.

 

I would advise that we do not hold a copy credit agreements at this office, as we are not the creditor. Under the cirumstances your postal order for £1 number 40320849, is returned herewith.

 

However, I would advise you that your account has been placed on hold and we have requested our client to send these documents to you direct.

 

Please do not hesitate to contact us on 08445714030 should you require any further assistance.

 

Your sincerely

 

David Smith.

 

Please do not be confused, the first letter is for a Barclaycard direct to Cabot Financial that is 6 years old and the BCW is a really old Barclaycard that got passed to Cabot and then onto BCW, if that makes any sense at all?

 

Do I just wait for the 12+2 and then cancel my DD's as the account is in dispute (this will be on the 17/09/09)

 

Are they just stalling, does it effect my request that they have not banked the £1 postal orders?

 

Some help from the forum experts would be great.

 

Feelingfoolish are you out there?!!? What would your expert opinion be?

 

Thanks as ever Forum Fan!

Link to post
Share on other sites

Just standard letter responses from these 2, keep to the timescales, some dca's keep the £1 some send it back, it does not alter the fact that you have made a lawful request that they have to honour

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Link to post
Share on other sites

I had the same issue with Cabot re the £1. When I wrote to ask they WHY they do not accept the £1 they wrote back to say "Cabot as a company do not feel the need to charge an administration fee" - whatever that means.

 

Also, be careful with having a DD. If you must pay, it should be by Standing Order.

Link to post
Share on other sites

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

Link to post
Share on other sites
  • 8 years later...

Hi There,

 

Ive got myself in a bit of a financial mess in the last few years trying to keep a business running that was not making enough money.

 

I have approx £43K of unsecured personal debt and cant afford the monthly repayments.

 

I have a house with £140K equity but cant remortgage as dont have enough accounts to show the Halifax.

 

I want to know the best way out of this,

is it best for me to use Step change or similar to get a debt management plan in place or is it best for me to deal with lenders myself.

 

I know my credit rating will go out the window but i dont care about that,

I just want ot be rid of the stress,

selling the house is not an option either as I have 3 kids wife etc and they all like it where we are.

 

Please help as im at my witts end with all this,

the debts are all up to date as of todays date

but I cant afford the next months payments as its christmas and expectation is ever high.

 

Thanks in advance.

Link to post
Share on other sites

First things first IMO Ruddockus is to complete your OWN I&E form for yourself.

 

Can you please list ALL of the debts you have, with rough figures, and who the OC is, also when you took these accounts/agreements out.

 

DMP's are OK, but they won't ensure the legal enforceability of them and will simply pay each of them blindly.

 

IMO I would do this yourself, there is no need to be selling your house either, put that right out your head!

 

Is your OH aware of the state of affairs?

 

I left full time employment in 2007 with nearly 64k of unsecured debt, it was stressful at the time, but once you get your head round it, AND take charge, it gets easier.

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!

 

 

Link to post
Share on other sites

Hi There,

 

My wife knows everything:

 

Barclaycard £10600 less than 10years old not in arrears

MBNA £7800 less than 10 years old not in arrears

Sainsburys card £7600 less than 10 years old not in arrears

Capital One card £2800 less than 10 years old

Nationwide card £5500 less than 10 years old

Nationwide overdraft £3500 account 20 years old

Secure trust bank £393 TV loan

Hitatchi £2900 loan on car (not secured on car)

Accord mortgages (£2000 underpayment on previous mortgage)

 

I can post my income and expenditure if you think it will help?

Link to post
Share on other sites
I can post my income and expenditure if you think it will help?

 

No no, that's your own personal business.

Just do one so that you can see how much you can realistically, and comfortably afford to pay each month.

 

Have you written to them and advised you're circumstances have changed?

That would be my first advice, and see if they will allow you to take a payment 'holiday' to see you over Christmas?

 

Some letter templates you should read and could send?

https://www.consumeractiongroup.co.uk/forum/showthread.php?387353-Request-Payment-Holiday-**Correct-as-at-October-2013**

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty

 

Keep a diary of events, whenever you send them anything in the post ALWAYS obtain 'proof of posting' as a minimum (it's free from the PO counter)

 

If they ring, then simply tell them you don't discuss anything financial over the phone, and to put it in writing.

 

Stay OFF the phone.

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!

 

 

Link to post
Share on other sites

Hi There,

 

Thanks for that. I have not even given them an idea that I have any problems as yet. Shall I send them all the letter and just not pay until After Christmas?

 

Thanks again you have been a great help.

 

Regards

Link to post
Share on other sites

see what they say

or poss a token payment

as per the letter in the debt collection section of our template library

 

I will pay £XX for xxMTS if you freeze all charges and interest.

 

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

Other possiblities?

 

As others have said selling your house shouldn't even enter your head but,

 

There are mortgage companies who would consider you in term of remortgaging, it might be worth finding a good adverse broker. I'm assuming you have SA302's that you can declare? Sure the interest rates might be higher, but in the scheme of things £100 per month extra on your mortgage could be manageable for you? You could always remortgage back to a mainstream lender after a few years.

 

Or, and this is a hard pill to swallow after owning your own business,

 

Enter full time employment, after 6 months , once you have past your probationary period you might be in a better position to remortgage with the Halifax,

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

Hi There,

 

We are only putting our second set of accounts in now so its unlikely that they would allow me to remortgage. I just need to get the payments down to around £300 a month, I dont care how long it takes to pay them off i just need some breathing space. What is the best way to do it, divide the money on a pro rata basis? and then send them the letters offering them the cash?

 

Ive been diagnosed with depression and anxiety as a a result of all this, do i mention this to the lenders?

 

Thanks all for the help is has made me feel much better.

Link to post
Share on other sites
Ive been diagnosed with depression and anxiety as a a result of all this, do i mention this to the lenders?

 

Absolutely not, it's none of their business.

 

Have a read of the links to those letters I posted, and send one of those.

 

DON'T disclose what you 'would like' to pay them, simply tell them what you will be paying them, and if that's £1 a month, then so be it, depending of course on if they stop all interest and charges.

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!

 

 

Link to post
Share on other sites

don't waste money

use free proof of posting at the PO counter

that's all you need

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...

Hi All,

 

I sent the letters a week ago and received only 1 reply. Im not in arrears yet but will be in the next few days. Nationwide have tried calling me but I have just ignored them is that the right thing to do? Thanks again for all the help.

Link to post
Share on other sites

correct you are under no legal obligation to discuss your debts on the phone or at your door

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
Nationwide have tried calling me but I have just ignored them is that the right thing to do?.

 

If they ring again, simply answer it, and TELL them, you ''will only discuss it in writing thank you''. Regardless of what it is they wish to convey, they can commit it to writing.

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!

 

 

Link to post
Share on other sites

Hi All,

 

Got a letter from MBNA saying they will freeze everything etc and I can pay £42 per month (balance is £7600) they will default me but thats it. What do I do just pay it or send a letter saying I agree to pay and send them the money?

 

Thanks as usual!!

Link to post
Share on other sites

Pay but only if you agree to the figure

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

Hi dx100UK,

 

Thanks for the really quick response. Was wondering if im better off waiting to get agreements in place with everyone to make sure their all happy and it is put to bed before I start paying in case someone just says no!?

 

Regards

Link to post
Share on other sites

But won't you lose offers already made if you wait?

 

Person I think £42 is too high

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
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...