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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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d.bick

Lots of PDL Debts that are not mine - all fraud

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Not my debt fraud hat trick

 

I have been reading some of the past posts and found them very helpful.

But I would like some help with my own problem set out below

 

About five years ago the payday loan company Wonga sent me a letter claiming I owed them money.

 

It turned out someone had used my name to take out a loan.

With the help of my bank and a representative from Wonga it was established that they did not have my banking details and had not taken any money out of my account.

 

I was asked to contact the police by Wonga to report an identity fraud.

The police said because I had not lost anything to the fraudster it did not warrant a crime number but the incident would be logged.

Although I ‘am sure I would not have thrown the letters away, I cannot find them.

 

Early this year I was contacted by B W Legal representing PRAC financial, claiming they had acquired a debt from Instant cash loans ltd. T/A Payday Express.

 

I owed them £850.80 No other details about the loan were in the demand.

I ignored their letters as I have never had any Payday loans in my life.

I have never had any letters or any contact with Payday Express.

 

It turns out when they threatened me with court action the details in the letter of claim

i.e. the date the agreement was signed coincided with the time of the I.D. fraud with Wonga.

The 26th of November 2012.

 

In June I received a letter from Moriarty law representing Motormile finance Limited (MMF).

They claimed I owe them £468.87 from a debt they acquired from Lending Stream Limited, again no information on the debt.

 

I sent a prove it letter and a supposedly copy of the agreement with my name and address on it arrived,

The date the loan was taken out is the same as the other loan 26th November 2012.

 

I have not lost any money but the threats from the debt collection agencies to take me to court and wreck my credit rating have made life in the past months stressful and unpleasant.

 

How many other loans have been taken out in my name?

I do not know

 

Thanks d.bick

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register each case of attempted fraud with action fraud.

 

then send each powerless DCA that ref number.

 

dx


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Thanks for the fast reply

d.bick

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Of course the police were completely wrong not to a given you a crime number. There does not need to be a loss in order for there to have been a crime. This is just lazy policing.

 

In addition to the information above, please read up about the new pre-action protocol in order to discover how anyone who threatens you with legal action for debt should conduct the initial correspondence.

 

According to my understanding of the pre-action protocol (it's new) you have 30 days to respond to their initial letter – but this is assuming that they understand the new pre-action protocol and so far we have had a couple of stories here where clearly they don't and in particular Motor Mile Finance have just issued at least one claim to somebody who they contacted and gave them barely 14 days to respond – thus breaching the pre-action protocol. Whether this company and others simply don't know the new rules (very possible) or they have decided simply to ride roughshod over them (also very possible) I have no idea.

 

In order to protect yourself I suggest that you send an immediate acknowledgement to these debt collection agencies and asked them specifically have they embarked on the pre-action protocol and they know what the new rules are since 1 October 2017. Then when you get your Action Fraud reference number, send it to them with an explanation that you are the victim of identity theft.

 

Obviously it's a shame that you thrown away the correspondence. I suggest that you start off by sending an SAR to Wonga to see if you can get copies of any of the documents relating to this that they might have on file. Also I suggest that you notify the credit reference agencies that you have been the victim of identity fraud. Supply them with the action fraud reference number.

 

A lot of these people are tempted simply to try and start legal action in the hope of getting a stealth judgement against you because you don't respond. If I were you I would start establishing that they understand the new pre-action protocol and that you respond so that you stay within its rules. This should give you some kind of safeguarding – although maybe not very much.

 

Make sure you have read the pre-action protocol and you understand what to do. My understanding is – and this needs checking – that they initiate correspondence with you and you have up to 30 days to respond. They then have up to 30 days to respond back. You then have a further 30 days to respond to them and if there is no agreement then they can issue a letter before claim giving you 14 days before bringing a legal action. Please check this because it's new and I haven't read it thoroughly. If I'm right, then this could mean that you have up to 90 days if each of you responds at the end of 30 days and then plus the 14 days letter of claim.

 

Of course, they may will want to reduce the time and that means that if you respond on day 28, they may then respond back to you on day three. If you then respond again on day 28 that means that the pre-action protocol would have been finished with in about 60 days. On my understanding of the new pre-action protocol this is about the shortest it could go. Then the 14 days LBA.

 

When you contact action fraud I suggest that you contact them separately for each piece of identity fraud. Get separate reference numbers. Don't let them confuse the issue by trying to lump it together – which is very possibly what they would do. Action fraud I to useless and I have to say in our dealings with them here, I find that they can get arsey and they are next to useless.


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Thanks for the information

B W Legal / PRAC still looking for the agreement

Moriarty law / MMF sent the agreement Thursday 26-11-2017

Moriarty law are investigating my complaint. Re: Lack of information on first contact with me. I have also asked why do they use the Lexel logo on their paper work when they a not on the accredited list.

d.bick

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If you need any advice on PDLs. ID Fraud or Dealing with BW Legal, please do let us know.

 

 

When you have your Actionfraud references, keep them to hand. If they go for legal and it gets past the PAP, then you use the reference and explain to the judge the situation (If it ever gets that far)


**Fko-Filee**

Receptaculum Ignis

 

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I have found all the comments reassuring. Will keep you all informed of the progress Many thanks

d.bick

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I have found all the comments reassuring. Will keep you all informed of the progress Many thanks

d.bick

 

We have had another case recently where it is going through the PAP process and BW Legal sent a 5 Question form to fill in and sign. You dont have to fill this in.

Just keep the Actionfraud ref along with all paperwork you have.

It appears that ICL / PDE didnt really do very good fraud checks and weve seen a few loans in this situation.


**Fko-Filee**

Receptaculum Ignis

 

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I have contacted Action fraud today (Monday 27-11-2017) I started off with a web chat.

This was answered very quickly.

The lady on the other end of the keyboard answered all my question and where to go on the action fraud site and even gave me the link.

 

Now my lad calls me sausage fingers.

I am more used to swinging a big hammer than one finger typing,

I got in a bit of a mess,

it does not like you changing answers and when you get to the bit have you reported it to the man that lent the money I Messed it up.

 

I now know what it’s like to report fraud on the phone.

The man on the other end was Scottish and I am from the Black country (Yam Yam) or the midlands where some people say we dow spake proper.

So it may have taken a little longer than usual.

 

Not sure if he was on his own or whether there is a lot of fraud taking place but it did take a long time to get through.

Still very helpful and he did treat me with respect.

Asked where I had found Action fraud and I told him from this Consumer Action Group.

 

Reference numbers obtained and sent to B W Legal and Moriarty law telling them I have been a victim of Identity fraud.

And their client have a fraudulent account.

 

I have told them to remove any nasty things on my credit rating as the man at Action fraud said I could report them.

 

Will keep you all informed

Thanks

d.bick

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I have just had this letter of Moriarty law, which I have re-typed out below

 

 

Dear Mr *****

Thank you for your letter dated 27th November 2017

I can confirm that we have closed this account is now closed on our files and returned to our client.

For the avoidance of doubt, we are no longer instructed on this matter and any future quires should be directed to our client

Yours faithfully

Moriarty Law

 

Does this mean I can cross MMF of my Christmas card list?

Thanks

d.bick

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Thanks

I will wait and see

d.bick

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B W LEGAL response to Action fraud ref number

 

As predicted by fkofilee

I have received a letter from B W Legal

Not sure if this is a template letter

or they just don’t believe me when I have sent them an Action fraud reference number.

Telling them I have been a victim of I.D. theft.

 

Their letter refers to the loan ALLEGEDLY taken out fraudulently.

They will investigate this ALLEGATION after I have filled out a five question form relevant to my ALLEGATION.

This is so they investigate my ALLEGATION.

If they do not receive my completed form in 14 days it will be assumed that I have retracted my ALLEGATION

and they or should I say there client PRAC can carry on pursuing me for the balance.

This is a shortened version of their letter.

 

I think to write these disturbing words shows how uncaring B W Legal and the other company PRAC financial are.

I know it’s been said I don’t have to fill in the form (“FORM”)

not sure why the form is put in brackets does it make it more important.

 

But I want a rant at them for sending me such an unbelieving letter

and I will be asking for their complaints procedure and one of their complaint (“FORMS”).

d.bick

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well don't.

ignore them now


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Had B W Legal sent me a Christmas card? NO. It turns out its my annual statement from PRAC you still owe me money letter. No acknowledgement about the Action Fraud reference number I gave them. Just blindly going about their business making peoples lives a misery. Bah humbug.

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It should be easy to resolve.

You make a complaint in writing to BW Legal saying that you will be referring their debt collection activity to the FOS and ask them for their final letter of response, so the complaint can be immediately passed to the FOS.

 

Or if you have complained already and BW Legal have ignored you, then you just contact the FOS with details of the complaint.

The FOS should resolve, but you might have to really push them.


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UB - While i agree this is the right option with most - BW Legal it is not so...

The only true way to get them to understand the lemons they have is to let it go legal...

OP has already done whats required

- I dont think that anything else is required atm....


**Fko-Filee**

Receptaculum Ignis

 

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read upload pdf please


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I will have to get my head round the PDF upload. With it being xmas sorry will not have time for a few days Thanks for your continuing support.

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Have you checked to see if there is any markers on your Credit File from this lot.


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