Hi there , Received a letter from gobal arrow 2nd of may stating they handed my debt to shoosmiths solicitors for collection. The account was opened 2005 with mbna and defaulted i think 2008 when made unemployed Balance £2200.I payed a few token payments for a while to various DCAs but hen stopped 2012/13 trying to track for sure.with bank .They sent a second letter 22may with 7 day countdown saying there going legal if arrangement not made.If checked my credit file and theres no defaults present or dates so its dropped off but i don t know when. My credit file has been excellent for the last 5 years with every payment to date now afraid of a reset.Any advice as i am unsure how to approach this .Thanks
Could an out of time statement create a liability?
Surely at the moment they are pursuing the OP as director of the now dissolved company and they can only go after company assets.
if the company is gone, the OP isn’t a director: so in what capacity do they plan to make an OOT statement? They aren’t a director anymore.
Would it be better to not make the OOT, and say “the company has gone, there are no assets remaining to enforce against, and any personal assets I have aren’t subject to any warrant of control you may have for company assets”
I hope you won't think I'm being too tough if I say that you've been here since 2012 and so you must know your rights under the Consumer Rights Act which are that if a fault manifests itself within the first 30 days then you are in principle entitled to a refund or a replacement. You would also be aware that you have to assert this right so I'm pleased to say that you will already have made sure that the shop has evidence that you did come to them on day 29 and tried to assert your right. On that basis it is simply a question of pushing the issue and if necessary taking legal action to enforce the right.
Also, you've been here since 2012 so I'm not too sure why you haven't told us who the dealer is – maybe you would do that now.
Also, should be aware that the responsibility/liability lies with the dealer and has nothing to do with the manufacturer regardless of what any document says.
Are we on the same page here?
By the way, I have no idea why you should be concerning yourself with GDPR. This is an extremely minor issue and I would have thought that you would be concerned with getting your telephone sorted out.
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....
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/
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.