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    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
    • im being an idiiot, its late, ive corrected those dates and will submit tomorrow unless someone states otherwise
    • ive gone through all documents no DN but they include one in their application dated 13 oct 2016
    • so far i cant see a default notice but they state 13 oct 2016, im trying to find documents now
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Spml/acsenden/capstone arrears


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HI ALL,

 

to cut a long story short ive had problems with the above for ever.

I have an arrears repayment order on a suspended warrant which is nearly paid off,

howver every year they attempt to enforce the warrant without success.

 

My issue is this,

on my letters and quarterly statements I have seen a whole bunch of other charges.

 

3 years ago i wrote to complain and they removed them incremently.

 

these charges are shown to be part of the arrears

 

however they are threatening again (not that i get worried),

please could you tell me exactly what the hell these charges are as im thinking of actually taking this further and calling them out on them

 

on my statement it states

Insurance related charges (the buildings insurance is part of the CMI and is stated on the monthly interest rate letters i get)

 

i have no idea what these are

 

Fees and Security related charges ( a name change here as they were listed as other at one point)

 

These fees and charges total 6822.87 and are put on the arrears of which the total is 2757.

So makes my arrears look higher than they actually are.

 

Is there anyrthing within FSA MCOBS regarding this and how to deal with it officially?

 

any help greatly appreciated:-)

 

Thank you

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SAR time first me thinks!!

 

why do you need building ins with them did you not have it already?

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... 

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hi, yes iv already requested a SAR, and the insurance is part of the CMI,

 

my questions was about the £6000+ of 'fees' they have added to my arrears balance.

 

Are they legitimate?

 

as last time i pulled them over these they were removed. now they come back with these.

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and the buildings insurance well.....that was a years long arguement i had with them, they would not accept my providers even though it was more comprehensive and value of insurance was higher than theirs.

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AFAIK no fixed sum penalty fees are lawful.

the FCA deem any penalty sum to be unlawful as they do not reflect the actual/any extra work they had to do

note unlawful not legitimate

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... 

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and the buildings insurance well.....that was a years long arguement i had with them, they would not accept my providers even though it was more comprehensive and value of insurance was higher than theirs.

 

then go get that back too take them to the FOS if you have 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... 

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  • 1 month later...

If it helps maz, I am in exactly the same position with Rooftop/JPM and made a complaint to the FOS as suggested.

 

It took nearly a year and a few idiotic emails from them until they rejected my claim re unfair arrears and insurance fees etc.

 

Having followed dx's advice I have now written to them asking for it to be sent direct to the Ombudsman as I wasn't happy with the assessors decision.

Its likely to take another year but until we get a definite answer on this we have to go along with it.

Edited by dx100uk
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