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    • are all of these debt owners or were the original creditors aware of your current correct address??   bottom line ..have you moved since taking them out??  
    • AFIAK....there is no such thing as the 6+3yrs rule...………..   the 3yrs only runs from when you reasonably became aware...   now if the creditor wrote to you at the correct address..then so be it... if they didn't then the 3yrs has never started..?????    
    • Hello No need to apolgise, thanks for taking the time to help. So from the above do you think I should go back to them now with that information or just go direct to the FOS?
    • Hi Egawe and welcome to CAG   Firstly, can you please confirm the amount of the suggested admin fee as £12 is lower than previously and normally charged by Harlands/CRS.   Send the letter to Harlands offering to pay the missed fee but no more. As DX says, post the letter.   If they fail to accept the offer, cancel the DD mandate via your bank. And if they use the DD mandate to take any amount in excess of the monthly fees, you can reclaim this using the DD Guarantee Scheme.      
    • Hi All,   I hope I'm posting in the right place.     I have about £40k in unpaid debts (cards, loans etc).   They are pretty much all over £5k and nearing the 6 year since default time frame...   The first is into the final 12 months now... Capquest... £11k, they own the debt.   Ive been expecting collection efforts to step up as the SB line approaches with them all.     The situation is that I could pay these but call me morally bankrupt... Id rather eat you know what at this stage.   If any of the so called creditors look into me they'll see that I'm worth chasing.     Having nearly got to the 6 year since default period I won't allow a judgement to show for another 6 years.   How likely are they to try and get one?     With debts over £5k is small claims not an option for them and will it cost them more to take this to court?     My question is this....... They are offering obviously settlements for less.   Capquest 40% of £11K... Id hate to ignore all this and end up having to pay the full amount as they take it to court.... How likely are they to do this?     If they do will they still take a settlement when proceedings have commenced? (Hence nothing to lose by waiting).   Companies in question are: Intrum Uk Ltd Cabot Credit Management Group Ltd Aarrow Global Ltd    I just notice as I type that Capquest are not noted on my credit file and must be part of Arrow Global.... They have also made subtle threat on their latest letter with the wording "Our additional enquiries have indicated that you are a homeowner at the above address."   Most of the defaults were around 2014 for agreements taken out 2008 -20012.   Original creditors... Halifax, Tesco, Virgin Money.     In Northern Ireland so PAP doesn't apply I think.   Any advice appreciated. Regards Diedebtsdie              
  • 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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One quick question, is it worth sending them an official letter of complaint?

 

Many thanks

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One quick question, is it worth sending them an official letter of complaint?

 

Many thanks

 

Wouldn't bother.....let them issue an invoice or better still a court claim.


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By the way they write you can easily work out that they are illiterate bullies.

No even a 5 year old kid would write a formal letter in such format.

Sounds like a teenager organising a pub crawl.

Ignore and hope they take you to court, the judge would probably crucify them in Trafalgar square

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By the way they write you can easily work out that they are illiterate bullies.

No even a 5 year old kid would write a formal letter in such format.

Sounds like a teenager organising a pub crawl.

Ignore and hope they take you to court, the judge would probably crucify them in Trafalgar square

 

:lol: Hilarious that's just made my morning.

 

I've had more emails from them in the last 24 hours than I ever got over the 3 months they were supposed to acting on our behalf.

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Hi,

This thread has made me laugh. The sheer cheek of this guy is a wonder-NOT!

 

 

If he feels so badly about it, improve the service and stop crying when someone leaves an honest review. We should have the company name in the title so his web robots will pick up this thread and show just how wrong he is :smile:

 

 

We also have a review section on CAG where honest reviews are welcome.

 

 

We could also copy over some of the negative reviews from other sites and post them here. I'm sure this guy would be happy to see that we are an equal opportunities site.


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Pers id block and bounce the email ad now

Let's see if the can write


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

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I have put my out of office on until next week but will work out how to block their emails. I wonder if they haven't emailed yet because they are writing to us instead?

 

 

I will add a review on here too :madgrin:

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you should have used the response of Arkell v Pressdram.

 

Lets face it, they werent going to sue you as the amount they are threatening you with is more than ithe limit for the small claim track at county Court and they would then have to pay all of your costs when they lost, not just the cost of a day out. That could have been in the hundreds of thousands if you employed a most expensive barrister.

 

Apologinsing for their error is stupid enough but not as stupid as pointing it out to them,

you should have let them do their worst and then once it was down on a court form point out the elephant in the room.

By playing along you have made things worse for yourselves.

 

these companies rely on smoke and mirrors,

have no authority to do anything in the first place

and as you now know rely on false comments to stay in business.

 

The next poor sod wont appreciate a pack of lies as a review, regardless of why it was written.

Edited by dx100uk
spacing

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Many thanks for your reply that's made me feel a lot better

Edited by dx100uk
quote

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Stand up to them and they will just crawl away as they are playing poker with a busted flush. Once they know you know this their game is up.

 

 

Anyways, unfair contract, planty of case law on thsi going back more than a century. Also a comment left is subjective so cnat be part of a contract, you could argue it is a wrok of art and not a comment about them at all

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So nearly a month on from this I get an email this morning from SMD (I blocked them all so it came from an unknown employee) saying

 

Sue and Jay ,

 

It is Andy here , tried calling telephone but unable to leave a voicemail message , off the record can you call me please Regards this situation that has been going on with Google reviews and an Invoice you have received from my Director Mr Hassall , it will be escalated by himself .

 

I stated that I will call you , so if you want to call me ASAP I will try and stop this , my Director will Action a Statutory Demand , you can call me on 07583 716397.

 

Regards

 

Turns out they have emailed me an invoice for £12,000 on the 10th September (found it in the SPAM folder) and its due today.

Do I just carry on ignoring them? Can they apply to bankrupt us or close (‘wind up’) our company if we do not respond to the statutory demand within 21 days.

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bounce if back.

ignore

 

they cant serve anything by email.


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If they did issue a SD, this can be set aside. If they were serious, they would have issued a proper court claim. Any term can be judged unfair by a court and this one certainly is. As for issuing an SD for 12,000, NAH!

 

 

Unfortunately, if they do issue an SD, then you have to go to court to get it set aside.


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Unfortunately, if they do issue an SD, then you have to go to court to get it set aside.

 

 

At which point their dodgy T & C's can be shown up as very silly indeed.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Many thanks for your replies, I'm going to ignore him and if they do issue an SD I will have to deal with that then.

 

 

I'd hoped he were just trying it on but it would seem he is like a dog with a bone

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Private parking co's do a lot of this but when it gets to the court door they run away. They may be relying on your inertia to hope to sneak in a win but once you show that you are going to defend in full they will have to decide whetehr they want to chuck a lot of money at this and hope that you make them an offer or they will have to drop it. The8 court fee will be £600 so not a decision they should take lightly. Even if they drop it after issue you can get your costs as it wont be small claims

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Just taken a call from our Accountants, they have been handed a SD for our Company from SMD for £15K by a bailiff company.

 

The man handed it to our accountant laughing saying he doesn't think SMD will get the money, and it was addressed to the wrong address!!

 

 

Just waiting for it to come through the post to us! :|

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It may not come through the post...A Statutory Demand should, whenever possible, be personally served on an individual, usually by a process server who will visit your home, or place of business, and hand the Statutory Demand to you directly. Sometimes creditors will send a Statutory Demand through the post and I have even seen them faxed or emailed. Whilst these are unconventional methods of service, it is not safe to ignore them and a Statutory Demand, however received, should be acted upon.

 

Insolvency law does not specifically cover an application by a company to set aside a statutory demand. However, any person has the right to defend legal proceedings, so a company can apply to stop the process.

 

If the company has a valid defence to the demand, it can apply to the court to stop the creditor presenting a winding-up petition. The company should seek legal advice before applying to the court.

 

If the company succeeds in its application to stop the creditor presenting a winding-up petition, the creditor will have to pay the hearing costs. If the application fails, the company will have to pay them


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It was hand delivered to our Accountant as they are our Companies registered address.

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wasn't a bailiff

was a process server company


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If your company has a valid defence to the demand, you can apply to the court to stop the creditor presenting a winding-up petition....dont just do nothing and wait for another in the post.


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We have now received the SD from SMD Credit Solutions Ltd in which they claim we owe a total sum of £15,245.15 details as follows:-

 

£12,000 Principle balance (based on 10 x £1000 reg fee for writing a negative review as per their dodgy t&c's + VAT)

£25.15 Statutory interest

£100 Statutory Compensation

£2160 Costs (???????)

£960 Process Serving Costs (this makes me laugh because a quick google shows they cost about £100)

 

£15,245.15 Total

 

I've taken legal advice (free 1/2 hour) and was told that we do have a case to defend because not only is the condition in their t&c's unfair but better still unenforceable. Which is basically what I was told here.

 

 

My question is do I get SD solicitors to reply to their SD requesting they withdraw it on my behalf and obviously this would cost or can I do this myself? If they refuse then I would have to go on to pay £280 to apply to the court for an injunction but I would have to pay that if they refuse the Solicitors too.

 

 

My gut tells me these morons are trying it on however the downside is they could potentially wind up our Company.

 

Many TIA

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Threads merged an moved to legals...please keep to one thread

 

Dx


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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You will have to submit an injunction...get it into court


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