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    • Nothing likely to happen within a few years of a repossession.  All they will attempt to do, is write to the debtor, so they comply with the Council for Mortgage Lenders rules on trying to stay in contact with debtor.  The rules were introduced around 2000, as some lenders were chasing up repo debts from the early 1990's, over 6 years after the debts were created. This was after having never written to the debtor.   Bankrupty very unlikely due to cost and little chance of return. Mortage lender will most likely have a way they minimise cost of the debt to them, in terms of the financial risk to them.  They may see the debt as a longer term asset, they can pass on to Debt Collection Agencies, where they have an agreement to share in any amounts collected. After say 10 years a debtor may be in a much better position financially, so the opportunity to recover the debt is much greater.   This is one reason, one of my relatives borrowed a few thousand from family, to negotiate full and final settlement of a £30k repo debt. They were advised that in order to move on with their life, that settling the debt in this way was the best option. It really depends on your position. But someone with a young family, might want to move on and not have the worry of being chased for a debt years later.
    • Hi group, this involves a (APP) fraud, i deal with a company in India, they sent me good in Feb 2019 no problem. The problem arose when in April I received an invoice , but with fake bank details. I believed i was communicating with the supplier. I queried the payment details with the supplier, these had changed from the original payment details they had sent in the past, I had paid them 4/5 times over a 6 year period. I  even sent over a copy of the international payment document filled out that i would be sending to check they were ok with how it was filled out, i was communicating with the con person who had intercepted the original payment details.   I then went to Yorkshire bank 18th April with an already filled out international payment document, obviously I was unaware that the beneficiary was a fake . Now i normally use my same branch but this time i used a different branch . Payment details were to a bank in Spain my good were from India first flag not spotted. The bank clerk checked over the document amending Swift code of the beneficiary of which i initialled. Payment was slow I even went into another branch about 26th April and payment had still not been sent ,this was strange, so I believe Yorkshire bank had a few doubts. On the 16th April i realised i had been conned, i immediately went to Yorkshire bank and made a statement of the con and gave all details. Since then i have noticed that i had written the wrong account number in my details one digit was incorrect, this major point I believe may of saved me, Yorkshire bank still sent the money over 13K. I have highlighted there mistake and was told we knew it was my bank details anyway. My question if my bank account details were incorrect surely the payment should not of gone and I should of been informed and asked to either change the digit and signature the change. Yorkshire bank after one day fraud investigation send me an e mail refusing to reimburse my monies, to be honest it looked like a template letter,I have now lodged a complaint to be told i am in a que system. I have today sent a GDPR request. I am aware of new laws being passed on payments by the steering group, Yorkshire bank on their web site quote the following: My next options today will to do a letter before court action 7 day. Comments please thank you
    • but have they got PP for their signs and ANPR poles now? worthy of a new check.   the fact that she has no proof of purchase is immaterial if it ever went to court they would have as you will demand.and they must..supply data/.a list of all car regs from anpr and all the data from the payment machine
    • I read through that today. It’s interesting, but can SWIM use the planning permission as a defence?   Also florence’s case is quite different. They have since put signage up relating to number plates as far as I am aware. Also she had her ticket as proof of payment. As I said before SWIM dose not as it was thrown away. 
    • Further, i contacted the Torbay Planning Department by telephone and email and they did an investigation for me going back to 1991 and they emailed me back staying there is NO APPLICATION OR GRANTED PERMISSION FOR ANYONE (Land owner or Leese) TO ERECT ANPR OR SIGNAGE FOR ENFORCEMENT OR FOR ANY REASON IN THE CROSSWAYS CAR PARK. So i really hope that helps someone else.     
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
bruce18641

Cabot/Restons claimform - old vanquis+newday cards two debts

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Hi Guys

I have received a letter of claim from Restons solicitors for a debt bought by Cabot financial.

 

I have made a complaint to the financial ombudsman that the original creditor ‘ a credit card company ‘ refused to deal with several mistakes on my account over a year before Cabot bought the debt and simply told me to deal with the 3rd party debt collectors.

 

The ombudsman said that as they were still the legal owners of the debt they had a duty to deal with me and not pass the buck to the debt collectors.

 

The amount Cabot are claiming is for £1800 when the correct amount after deducting the disputed amount is £1150.

 

My question now is, should I contact Restons who have sent me a letter of claim and say they will start proceedings on 18 05.2018 or Cabot or both and tell them its a disputed amount sold by the original owner of the debt and I have now made complaint to the FOS for which I have received relevant paperwork and a reference number.

 

So would they like to put proceedings on hold whilst this matter is dealt with by the FOS as I see no point in starting court proceedings when they are trying to claim the wrong amount.I

 

I don't dispute the lower figure.

 

So far I have made no contact with either company.

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Have you got it in writing that they should not pass the buck et cetera?


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No it was said during the phone call to the FO, but they have accepted my complaint

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I suggest that you read our customer services guide and implement the advice there. See if you can have that phone call again.

 

Yes I think that you should inform Cabot. Send a copy to the FOS and make sure Cabot can see that the FOS is copied in.

 

Who was the original creditor?


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Original creditor was Vanquis

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Forget this complaint and it's relevance for now its not really directly relevant

What date is on the letter of claim please


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Retitled and Moved to the vanquis forum


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

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Forget this complaint and it's relevance for now its not really directly relevant

What date is on the letter of claim please

 

18.04.2018

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Have you replied yet?


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

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Great..

Go read post 6 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

 

I dispute the debt because.... It is subject to an open complaint fos ref no. Xxx as the balance is unlawfully inflated[ say nowt more]

 

And cca request them too

 

Don't NOT use their form

Use the one attached to post 6


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Thanks for your input this info is a great help to me.

 

Do I send these to Cabots or their solicitors ?

What should I do about replying to their solicitors letter of claim which according to them should be replied to by the 18th May ?

Regards

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you are replying to it!


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.

 

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Solicitors sent the PAP and Cabots sent CCA request with the £1 PO.

Lets see what happens next

 

Many thanks for your invaluable help so far.

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Sorry I meant solicitors sent the reply form as post6

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job done then

 

dx


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

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I have just received a reconstituted CCA without my signature from Cabots.

 

They say that they have enclosed all relevant information following my request under section 77-78 of the consumer credit act 1974 and they consider the agreement is now enforceable and they will obtain a ccj against me

 

I also requested copies of all detailed statements giving details of interest added, copy of the default notice and notice of assignment.

 

I have received none of these documents to date.

These requests were made in July 2018 which far exceeds the 12 +2 +30 rule? ( are these continuous or working days )

 

Any ideas on where I stand now and what to do next

Edited by dx100uk
Spacing

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Bet it doesn't say will anything

Read it carefully.

 

Scan up what they have sent to one multipage pdf

Read upload

 

Matters not its outside of the time limit


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

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Sorry if the pdf's didnt come down as 1 file as its my first time using this method

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as said doesn't say will anything

 

wheres the CCA return?


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

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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

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Hi

I've just noticed that they have sent two different CCA's.

One is between Aqua Newday ltd and myself and a second which is between progressive credit ltd and myself.

They both contain my details but no dates etc.

 

I'll edit and scan these CCA's and upload them over the weekend.

Once again very grateful for the support.

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progressive finance [welcome finance] - whats that all about?

can you put everything in one multipage pdf please not single pages


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

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