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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
    • There was another poster (Hammy1962) who understood (#3) the distance selling point you were trying to make, but you may have inadvertantly put him off in your subsequent post.  He may still be following this thread.  Wonder if he has any ideas that could possibly help you?    I'm concerned about how you continue if the TS route is not helpful...
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      I bought some clothes online in may through Evans and paid through PayPal
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Pers i wouldn't pay too much attention to mse posts..

they are always posted with dark meanings mostly by so called industry knowalls

 

Dx

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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There is no downside to requesting a CCA.  You should do this for the loan asap.  My site team colleague @dx100uk will be along with more detailed advice

your virgin card is with mbna too. hence why they say lloyds as lloyds recently purchased mbna.   send MBNA an SAR send Tesco an SAR. send tesco an SAR. send HBOS (H

send MBNA an SAR send tesco an SAR. send HBOS (Halifax) an sar   unless on the above you already have every statement for every month for every card.(5 cards 3 with MBNA as Oc)

Seems most people are fighting for them to be removed and defaulted, I have tried that with virgin Sainsbury’s and MBNA but none budging. Just hope there is a way I can get a mortgage in a sooner than there but we’ll see, I’ll put in all my effort.

 

picking your brains as is a daily occurrence this week (appreciated), what’s should I be looking for when I get my SARS returned and how can they help me ? 

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First response to CCAs Pra group sent a standard letter back with postal orders saying they will look into in. Also been reading about online agreements (which I am sure mine are) did not need a signature, you ticked a box and that’s how you were accepted. 
 

Does this mean as my contracts were all online tick box ones they will all be enforceable ? Thanks 

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god no far from it.

 

dx

 

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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You would be able to get a mortgage , probably now even, going sub prime. Also if you have a 25% deposit the world would be your oyster. Although you might need to wait a couple of years to get down to the realms of a 15% deposit.

 

Or maybe not, go find a good mortgage  broker, that’s the best advice.

 

Do not discount sub prime mortgages, you might end up paying an extra £150 per month but at least that’s better than flushing your

money down the bog by paying rent.

  • Thanks 1

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

 

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

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really thank you I hoped that would be the case.

I need to put my effort into saving a greater deposit.

Thanks for the advice appreciate it

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just type ..no need to hit quote...

 

dx

 

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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They can be theoretically, but often DX or Andyorch can see whether they are cobbled together BS from the copy &’paste department, and it seems that’s usually the case.

 

 

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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

 

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

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Posted (edited)

Ahhhhhhh, I await their responses then and will pick the learned brains on here, love this forum. Feel like you are in the wrong all the time and the collectors are the ones in charge, now I know that’s not the case 

Edited by Halfwaythere
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I feel my only option with the AP markers is to pay them off,

 

I have tried numerous appeals and complaints to get them defaulted and all 4 have rejected as I have continued to pay 🙄.

I will have them all paid off by the end of this year but means until 2027 they will sit there rearing their ugly head at every lender.

 

I’ve read up and can’t see any way of changing this.

I think I will have go the way of a heftier deposit and adverse credit mortgage and remortgaging.

Time isn’t on my side as I am 36, I would like to be on the property ladder by 40. 

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who have you complained to about the AP markers

and how many of your accounts have them.

 

dx

 

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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virgin are MBNA, so 3 MBNA cards then..

 

and it's quite usual for them to object to the AP marker removal or to register a default esp under the recent ICO rule change.

 

worth a read..

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=MBNA AP markers&oq=MBNA AP markers&gs_l=partner-generic.3...197810.201705.0.201881.15.15.0.0.0.0.184.1110.13j2.15.0.csems%2Cnrl%3D13...0.3920j1206742j16...1.34.partner-generic..14.1.110.uMpES7e82cA

 

 

 

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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Is there a new ICO rule change ?

 

i think I’ll try again, why not, I have the summer off so I’ll give it another go.

I have an advantage with Sainsbury’s I think, they insist on doing everything on the phone even when you ask in writing (they send you a letter saying to ring 🙄)

 

the lady on the phone convinced me I didn’t need a default as argued against what I was saying about AP markers saying it was not true.

 

I am going for them and insisting all done by letter

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  • 2 weeks later...

Update

CCAs send to PRA group x 2, Wescot/Link and Intrum. It’s been 12 working days and none have supplied me with a response or anything to say the debts are enforceable 

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and you expected any different??

 

dx

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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Share on other sites

Well yes because from true SARS info I got from Halifax (where my Link loan debt come from) I’m pretty sure Halifax have the CCA so don’t understand why Link haven’t sent it me, maybe it will come.

 

Im in a quandary with my two PRA group ones as these aren’t defaulted and putting AP markers on my account so wrecking my credit file if I don’t pay off, I wonder if they have become wise not to default now that’s why some companies aren’t 

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2 hours ago, Halfwaythere said:

so wrecking my credit file if I don’t pay off,

 

paying anything off does not remove markers or defaults. nor improve your score.

as said numerous times before

 

poss your best idea might be to totally stop paying all debts with AP markers being registered

then when it is defaulted resume if they've complied to a cca request and we've checked it.

 

that way atleast you're are guaranteed in 6yrs the debt will vanish from your file

 

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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I know but I could pay all my debts that are AP markers in the next 2 months then they are defiantly gone 6 years from then instead of fighting to default

-and can PRA default me as a DCA?

 

Hmm in a quandary.

I am not going to pay them This month and instead wipe my virgin card

I am then only left with the 2xPRA group debts at £1300 each with AP markers and the rest AP marked are gone. 

 

I’ve just reopened my complaints to MBNA, Virgin and Sainsbury’s for not defaulting my accounts.

If I don’t get the correct decision this time I am complaining to the ICO

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2 hours ago, Halfwaythere said:

I could pay all my debts that are AP markers in the next 2 months then they are defiantly gone 6 years from then

 

you hope sb date = it must be removed....

holding off for a few weeks to see if they have compliant CCA's could save you £1000's.

if they haven't - then that will be the same very much cheaper hoped for result.

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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you related to A/C falling off the credit file after 6yrs after last payment or settlement.

its never guaranteed that a debt being SB makes that actually happen.

 

dx

 

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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