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    • why is this in the overseas forum? as you or steadypay not in the UK?   dx  
    • I recently applied for a Sure Start Maternnity Grant and received a decision from the DWP today, declining my eligibility; under the basis that there is another child (under 16) in my family/ household. My situation is this,  I am co-habitating with my partner/ father of my new/ first baby.  Within the last 10 months, my partner's daughter from previous relationship (age 13) had to be removed from her mothers care, owing to domestic violence issues.  The family Courts are still dealing with the situation as her mother is contesting her daughter residing with us, as she wants her to return to her home/ care - so obviously there is Social Sevices involved etc. Anyway, prior to this situation arising, my partners daughter, had always resided with her mother and my partner, had regular acess etc. I have cited the Sure Start Maternity Grant Act/ Policy and the more recently published 'Restricting payment of the SSMG to first child only' -  I have to say, both have left me further confused as if you read the 'restricting payment policy/ in one paragraph, it states that in a situation where a woman has her first child and another child under 16, residing in same household/ family and is from the partners 'previous relationship' this would be considered a 'first child' and will be eligible for payment of grant. If however, the reverse applies (ie: it is the 'father/ partner' first child, then payment would not be made.   This seems pretty straightforward, but then the policy starts to contradict itself and goes on to define, the only exception for payment to more than one child, is in the case of the child living in same household, is not from partner.  Or if you are adopting a child under 1 year old/ special guardianship etc, then you are eligible. It does not offer the scenario of any childd in household under 16, from partner previous relationship being acceptable?   Can anybody please clarify this point please???  I want to challenge the decision/ request a Mandatory Reconsideration - but wanted to include my reasoning/ the point of law they have not applied correctly?   Any help advice / greatly appreciated.   thank you 
    • you don't respond LInk DCA ...the biggest fleecers there ever were know full well that: Barclaycard rarely even have enforceable CCa's for even debts from the last 10yrs, let alone one from the 1990's.!! not a chance!!   ignore until/unless you ever get a letter of claim. and read my red bits below if you aren't on a tablet or mobile.   dx
    • Looks like the 2014 TCE was ignored, or disregarded then as unless the scenario hinted at by UB is followed as in point the camera at the TV now show the serial number on the back and it is listed, there is no way that CGA could be compliant.  Don't think it could be in reality unless EA sees the goods in situ and lists them correctly. Might be big stink if there was a forced entry removal after a Virtual CGA.
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    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Advice wanted for old DCA debt.


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Hi everyone

 

Looking for some advice regarding debts my wife and I have.

 

So a little history. We took on several credit cards and a catalogue account. I lost my job and was unable to make the minimum payments after racking up the debt.

 

Debts were eventually passed on to DCAs. Here is a list of them with current amount owed:

 

Cabot £1200 (Wife, originally HSBC - 2007)

Moorcroft £1800 (Myself, originally HSBC - 2006)

Capquest £2200 (Wife, originally Littlewoods - 2014)

 

Debts have been through various other DCAs such as Fenton Cooper, Arrow Global etc. apart from the Littlewoods debt.

 

We were making token payments based on the advice from CAB while unemployed.

 

We have offered settlement amounts to all of them several times over the years only to be ignored or refused (around 40 - 50%). Capquest's best settlement offer at the moment is 29% off.

 

Anyway, eventually got back into work and have been for a few years, and wife increased repayments to £50 each per month in the hope of eventually paying them off to be debt free.

 

Today we applied for a mortgage since we're paying a fortune in rent and were refused on wife's credit rating. We had a look at her credit report today and found that when Littlewoods sold the debt they closed the account with a default notice in 09/2014.

 

From what I've learned, Capquest can no longer add any more default notices and it should disappear off her credit file eventually and we'll have to wait until then to re-apply for a mortgage.

 

After spending some time today reading through various forums including this one, I have realised we been complete mugs paying the amount we're currently paying as it doesn't appear to have any impact on our credit ratings.

 

Should I still be paying these idiots? Should I go back to token payments for the rest of our lives? I now realise there is not much benefit in us paying these debts off. Or is it worthwhile persisting with them to get a reasonable F&F?

 

Any advice would be most appreciated. Thanks.

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Hi soldat and Welcome to CAG

 

Cabot and Capquest buy debts so they may be the legal owners of the debts now...(Littlewoods to Capquest ?) I would send them a CCA request for a copy of the agreements

 

With regards to Moorcroft..they dont and only collect on behalf of ...so send their client a request for that agreement.

 

They have 12 + 2 days to comply and if they fail the agreements are unenforceable in court unless with the courts permission.

 

Subject to their responses you can then review your current payment options.

 

Regards

 

Andy

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Thanks Andy

 

I believe Arrow Global are the people Moorcroft are collecting on behalf of.

 

I've read up on CCA requests so will get those sent off. Do I continue to make the same payments as normal between now and the date to comply? I feel like I'm chucking money away if they don't come back with the agreements. (one can hope)

 

Thanks

 

Peter

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Yes...as they make come back with valid copy agreements.

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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Cheers again Andy

 

Wife is panicking. Found some info about on another debt advice website stating if we've sent F&F letters in the past that we've admitted responsibility for the debt. I assume that these hold no weight legally if they don't have the CCA?

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F&F offers are not necessarily an acknowledgement of debt...it could have been made under duress by anyone...even by the the wrong person unconnected to the agreement.

 

An acknowledgement of debt, commonly referred to as an “AOD”, is a document which contains an unequivocal admission of liability by the debtor.

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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • 3 weeks later...

Hi Andy

 

I posted the CCA Requests off on the 6th August.

 

I've finally had a reply from all three DCAs.

 

Arrow Global: We do not accept we are the creditor as envisaged but are willing to assist with the request. Collection is meanwhile suspended. Find enclosed your postal order.

 

Cabot: We've been unable to get the information requested from the original lender so your CA is unenforceable. But please continue to pay us (pretty please).

 

Capquest: We've forwarded your request for documentation to Shop Direct Finance.

 

Since it's been 10+2 working days, I assume its safe to stop all payments?

 

Cheers

 

Peter

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yes!!

 

2 debts now removed from the cash cowers milking parlour

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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:-D

 

Received another letter from CapQuest today. Placing our account on hold for 28 days while they wait for a response from Shop Direct.

 

Thanks for all your help guys. Only wish I'd found your excellent forum earlier.

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