Jump to content


  • Tweets

  • Posts

    • And yes, they state their client is EON and that they can return the debt to EON who can either register a default or take me to court. 
    • Thank you. The npower debt was from 2019/2020 until EON took over the account late 2021.   npower had set a DCA on me even though I owed them nothing. I spoke to a customer service agent, following up by email, who confirmed I was in credit . I made a complaint to head office who sent a barrage of emails, changing the amounts each time. According to them, I owed £279.   The debt grew to what it is now as first npower and then EON subsequently failed to put a payment arrangement and direct debit in place to pay off this supposed sum and my ongoing bills.   I was very ill with Covid, struggling in lockdown with a disabled child and informed them of all this.   EON stopped their legal action when I took them to the ombudsman as this was part of my complaint and requested remedy but I have not received a notice of discontinuance.    I would like to set up my own dd to pay them off but am concerned they could still take legal action. I am on a low income and can’t afford to pay them more than a token amount each month.   
    • Thank you guys! @lookinforinfo thank you for the case, it seem to similar with my case which is gold. @Nicky Boy shouldn't be ICO?   Personal data breaches: a guide ICO.ORG.UK   For CAG I found this  The Confidentiality Advisory Group (CAG) is an independent body which provides expert advice on the use of confidential patient information. This includes providing advice to us, the Health Research Authority (HRA) for research uses. It also provides advice to the Secretary of State for Health for non-research uses.
    • HB - yes I agree it is about their paperwork and advice.  I need to be clear in my head what my complaint is.  And what a result looks like for me? (They should never have placed me with the shark with whom I've had all sorts of issues - but I don't think that's my complaint focus -v-  broker) 
    • HB - all sorts of issues have been in court; the main one re repo remains in court, no resolution.  They all stem really from bad advice by broker.  Indeed, but if the Ombudsman is prepared to accept the complaint, it would be about the advice given by the broker and their paperwork, wouldn't it? You seem to be asserting that the problems you've had stem from their bad advice. HB
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

FAB / IDRWW (credit card)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 970 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All.

 

Firstly I want to pay tribute and saw a massive thank you to the regular posters / admins on this site. Really going above and beyond the call of duty and the help I’ve had - even from afar - has been invaluable.

 

I won’t bore you with details: my case isn’t different to any other. Made redundant in the pandemic and left without paying a £10k credit card. IDRWW have now been given access to my address and email (ignoring all). I’m still relatively young living back in Scotland with my parents with zero assets and if I’m honest I can’t be bothered with the constant hassle / the risk of having any kind of potential CCJ or court case down the line that could negatively affect my chances of ever getting a mortgage here.

 

Therefore my plans is to email every head honcho I can find directly at FAB and annoy them with my pleas for a payment plan. I was wondering if there was any legislation I might be able to include in my email now that I’m a UK resident protected by our laws that may entice them further in accepting say £100 per month for 5 years? I believe that if the court proceedings were to begin anyway - one of the mandates would be that everything is done to come to a reasonable and positive solution between the two parties outside of court?

 

Many thanks to one and all for your consideration and even your two cents if you have an opinion on the matter.

Link to post
Share on other sites

UK Courts quite friendly to foreign debts being enforced here. 

 

So be careful in offering a repayment plan, as if your circumstances change, meaning you could no longer afford to pay, then you would be extending the time period in  regard to statute barring limitation on debt enforcement.  And you would have a track record of making repayments in the UK, which is you admitting responsibility for repaying the debt.

 

And what about the interest they would keep adding,  meaning that you repayments were not eating into the capital amount, but mostly covering interest charges.

 

My site colleague dx may reply later with his thoughts on this.

 

If I were in this position, I think I would purely write to the Bank with my UK address, I would not admit to the debt, but I would confirm my financial circumstances e.g  no assets, living with parents, no disposable income.   The Bank needs to have your UK address, as any decsion to issue a UK court claim will be theirs, so you need to ensure they always have an up to date address.

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

Link to post
Share on other sites

pers i'd not bother....other than informing the OC of your present and correct address now and if you move around. there are no examples of any of these UAE debts going through the scottish court system i have ever found. probably because the rules in scotland regarding jurisdiction are somewhat comply compared to E&W.

 

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... 

Link to post
Share on other sites

Many thanks again to both.

 

@unclebulgaria67interest was something I did consider - however even if it was to develop into a court case - surely I’d have jurisdiction on my side or indeed a valid argument to pay back the original capital owed sans any interest accrued? 
 

@dx100ukI did see you refer to this point of the Scottish court system in an earlier post and this is duly noted.

 

My concern here is that I don’t want to be limited in my future plans to relocate to England and then worry about being under different jurisdiction.

 

Whilst I certainly haven’t read of them returning back once again at a later date to pursue a debt via a DCA they might have initially left - perhaps if / once they realised that I had changed address to the south of the border they could come after me on more favourable terms. Seems like a hassle to be watching my back for 15 years until it becomes SB.

Link to post
Share on other sites

well if and when that comes to moving south then we'll see.

 

i don't think the antics of this UAE shame interest rate on debt has much traction once in court if things are defended properly esp if you front out the jurisdiction issues in E&W , the big hurdle is blocking their summary judgement attempts . it might be worthy to keep an open mind with starting some sort of dialogue directly with the bank, but safe to say, you are safe where you are to date, scotland is 3mts automatic residential status.

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... 

Link to post
Share on other sites

If the Bank were ever serious about collecting this debt and paid the right Solicitors to issue the Court claim, jurisdiction would not be a big issue.

 

The reality is that the current process is only a standard debt chasing one, with the aim to spend as little money as possible.  So any Court claim (outside of Scotland) issued is generic and they try to avoid it going too far if it will cost them more in legal fees.  So they love people moving address without telling the creditor as they can gain a default judgement using old UK address. And they try to go for summary judgement hoping the debtor takes not action to stop it.

 

If you really want to try to deal with the Bank write to them confirming address and circumstances,  asking what assistance they can offer that provides for an amicable resolution. See if they are willing to negotiate with you. But don't make any payment offer at this stage.

 

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...