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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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Link and Halifax Loan + sep Halifax OD


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Yup, you are right i just read right back through the thread.

 

Just go somewhere quiet, and take a good look.  I found that most fees are £12, so pretty easy to spot.  

We could do with some help from you.

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all fixed sum fees are unlawful..

 

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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AP or Arrangement or DMP will appear in the debt summary line, that prospective lenders can see if they undertake a credit worthiness search, from the day you make the arrangement - till 6 yrs after the last AP payment. that can be for more than 6yrs.

 

plenty of threads detail that here already.

 

as for the arranged OD fee HWT... did you ask for an OD or was it a packaged account fee - whereby you got free insurances too.

 

an arranged OD fee should only be charged if you are in an OD situation on that month

if the OD balance at that point in time is solely made of the sum of any OD fees+any other unlawful fixed sum fees - then it's there charges that have put you in that position, so no OD fee should be levied.

 

this is where a spreadsheet comes into it's own.

if the OD fees and penalty fees to that date are more than the outstanding OD sum, you include it.

 

 

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 have been through all my bank statements provided by Halifax and I only have arranged overdraft fees and some unplanned overdraft fees these total around £1900.

 

I have requested Halifax repay them back to go towards my debt as I am in financial hardship don’t know if I’ll get anywhere. I used the details on the Martin Lewis website.

 

But other than that I don’t have any charges from Halifax 

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hope you charges them interest at their rate from the date of every charge!

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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Posted (edited)

Oh yes, I’ve asked or 3k in total with interest for two accounts 

 

just shame can’t do with all the interest I’ve paid on my loan 

Edited by Halfwaythere
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  • 2 weeks later...

safe to ignore

safe to stop payment..

 

OPPS the fleecers have been found out...

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’ve stopped payment which is due to come out tomorrow but I’m sure Wescot will try chase the debt for them I will just send them a copy of the letter and no more.

 

the debt is a Halifax loan taken out in 2016, It paid an original loan I was paying Halifax for from a few years previous and to try and consolidate other debts as a last ditch attempt to get control on my finances which failed.

 

My question is would they need to find the CCA of the newer loan or the one it consolidated or both ?

Your time is appreciated and your patience !

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They never found Jimmy Hoffa, that’s probably more likely than them finding  your agreement

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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new thread created for the halifax stuff.

 

post here now for these debts

 

 

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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  • dx100uk changed the title to Link and Halifax Loan + sep Halifax OD

and did you enter the electronic password.?

 

i cant quite understand why they sold this on so quick.

i will gether there was serious compunding issues with further payments to everyone when you approached the debt help charity?

 

 

 

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 presume I entered the password.


no all payments were up to date when I entered the DMP I hadn’t missed any it’s just I owed out nearly 50k and payments weren’t making a dent as I was paying so much on interest. I don’t know why they sold it on don’t really understand the whole process

 

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well the further you come away from the 2007 changes to the CCA the more difficult it becomes to use a paperwork wriggle .

 

 

i suspect they are frightened of an irresponsible lending claim.

when you took this loan out you used it to settle a previous loan with them & other debt too you indicate?

 

was your credit file already shot and you had lots of addition lending?

 

is there evidence of this in their comms/account log in notes people have made on the account?

 

 

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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Just been through it all again I can’t find anything in the comms I can identify but that’s me looking. 
 

Yes I was deep in debt when I took that loan out. lots of unsecured debt with no assets. The loan was to consolidate the other loan I had with them and debts but it didn’t touch it. I also had a overdraft with them that they didn’t sell but passed to Moorcroft to collect.

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well as said before ignore moorcroft totally.

 

tell us about this previous loan please..

 

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

I’ve paid the Moorcroft one.

 

from vague memory I think the original loan was taken around 2013/14 and think was for 15k.

 

the second loan was taken out March 2016 and was for 19k. There were some repayment holidays on it: I have linked here some documentation on the application and the process of it moving to collections and sold included in the SARs, wonder if you can understand it? Or would be kind enough to look 

2020-08-16_14_21.45_(Merged)-1_copy.pdf

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Details of the old loan from Halifax should be in the sar!

 

was the 1st taken out in branch?

and who advised you to consolidate your debts into this online 2nd one?

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

So they refused you twice for this 2nd loan..2013+14.

 

Makes me think even more that they already knew you were a risk and should never have loaned to you.

 

Fast coming to the conclusion you should stick in an irresponsible lending claim

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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