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    • Thanks guys. Received a letter today from Resolvecall to say that I have been removed from their files and my account has been closed, it continues to say that I maybe contacted in future by Intrum or another debt collection agency. Do you think it’s worth finding Itrums address and sending them the same letter? Thanks in advance 
    • He is still trading.   I won't get anything out of it, no.  But is that the point?  Not charging it means the Govt misses out on important revenue 
    • for whatever reason, if you did not get the original PCN on the car/by hand nor in the post before things escalated you need to appeal using the correct forms, not a soft appeal to the issuing council Which forms to use for which offence pe2/3 & te7/9 - Local Authority Parking and Traffic Offences - Consumer Action Group  
    • as this situation has now come up again for you, how confident are you that if you get on the straight and narrow with having a respite of 60days (Options for dealing with your debts: Breathing Space (Debt Respite Scheme) - GOV.UK (www.gov.uk)... would you then be able to resume ok? if not quite honestly, the very best thing you can do is to get ALL your debts defaulted by the issuance of and the registering of a Default Notice from each creditor. this is done by stopping ALL PAYMENTS, it wont hurt you short term, esp as all the debts are still with the Original Creditors. this of course will kill credit for 6yrs, but, will cause the debts to vanish from your file (paid or not, paying or not) on the DN's 6th B'day, but of course that wont mean the debts are not still owed, legally, just your file will be clear of them all. if you read a good 10-20 of the stories in this very same forum you found to start yours, you'll soon get the idea behind the advice given. as for things like IVA/BK etc NEVER EVER do those, that secures unsecured debt. just contact one of the free DMP providers and get breathing space implemented, that gives you a 60 day buffer to firm up your future actions. but DO NOT enter into a DMP, do one yourself. they can be a bit pushy, but simply insist you just want breathing space invoked, i would only be giving them enough info to achieve BS too, don't give them anything you don't need too, they are funded by the banks and debt collectors and can sometimes be over intrusive and nosy wanting info that is better not revealed. dx    
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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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    • 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
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Mrs Phonesurgeon VS Capital One


Phonesurgeon
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  • 2 weeks later...

hey guys i need some advice on what to do next.

Sent a S.A.R(subject access request) on 12/02 and also an harassment letter for the phone calls.

Sent an even stronger letter complaining yet again about the frequency and amount of calls on 17/02.

Didn't hear from them since, today i ve received a letter from debitas demanding the outstanding amount of £404 on a £200 card!

I still haven't received my statement so what should i do now?

Please help!:|

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Send them a request for your CCA (consumer credit agreement) letter template is in general debt department (I think it's template N) - you will need to put a £1 postal order in with this, while you are waiting for them to comply with this (they have 12 days) I would also send a letter advising them that you will be disputing the account if unlawful penalty charges have been added to your account.

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Although i sent a CCA request to debitas they are still ringing and harrass. I even signed a power of attorney document giving my husband power of dealing with them and sent it special delivery but they are disputing it has ever arrived, royal mail saying the opposite.

What should i do? i have stated to 9 different operator(2 English+7 foreigners) that i dispute the account and they still chasing me.

Please help

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[Your address]

[Their address]

[Date]

Dear Sirs

 

ACCOUNT IN DISPUTE

ACCOUNT NUMBER: **** **** **** ****

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you have passed my account over to ………………… DCA - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely

[Name]

Cc ……………………..DCA

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Peace at last!

Finally the news has sunk in with both Debitas and Capital One.

Sent S.A.R to Cap1 and CCA to debitas and since yesterday i am enjoying the cosmic silence interrupted only by my kids playing.

A heart felt Thank you goes to eveyone that helped me achivieng this from me hubby and kids.

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if they ring again which i'm sure they will. be sarcastic with them. i hold the phone away from my ear and every so often just say yeah yeah whatever. this really annoys them and then they hang up on you. mioght not work but i feel every so smug afterwards( childish really).

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Well that didn't last long.

we received a letter this morning saying that within seven days they will instruct a debt collector agent to visit our property.

Faxed back saiyng that i revoked license under english common law for you ar anyone else to visit me at my property.

(edit )

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Hi

 

Even though there are charges on the account, have you been making the normal monthly payments?.. If not, you should keep up with those or pay something to the collection agency to keep them at bay. They can cause you a lot of extra hassle when there maybe a quick and easy solution. Any payments made will be taken into account when you get your charges back. This is damage limitation here, and i would'nt let your hubby loose.

 

Ukviator.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Sorry for my rant the other day but capital one first and debitas afterward are not aknowledging the letters sent to them by the debt management person from Citizen Advice Beaureau.

We are on JSA at the moment and claiming everything we're entitled to, we have another couple of debt as well and all we can afford is a token payment of maybe £1 maybe £2 a month but they just wouldn't accept it.

Many times i have tried to negotiate on the phone and by letter they just won't budge, even sent them a expenditure forms, only to be told its not realistic! What else am i supposed to do?

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if the account in question is still obviously causing problems, i believe that you can contact them informing them that the accout is in dispute. this basically locks the account until the whole mess is sorted, but by the sound of it you still have a battle on your hands. good luck

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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Good Morning firstly I would like to apologise to all mods about my rant involving use of violence, I DO NOT CONDONE VIOLENCE AND I WAS WRONG THINKING ABOUT IT.

I have made the point of this mess and i came up with some ideas and would like your input on this one.

as i said previously me an hubby are on jsa and we do have other creditors.

on our expenditure forms we have identified an amount that can be diverted to pay a little more.

So here's the thought:

Through C.A.B. debt management scheme i will be offering token payment between £3-5 to all our creditors, bearing in mind this is what realistically we can afford.

Questions: WHAT HAPPENS IF A CREDITOR OR DCA DOES NOT ACCEPT IT?

WHAT IF THEY TAKE US TO COURT?

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Good Morning firstly I would like to apologise to all mods about my rant involving use of violence, I DO NOT CONDONE VIOLENCE AND I WAS WRONG THINKING ABOUT IT.

I have made the point of this mess and i came up with some ideas and would like your input on this one.

as i said previously me an hubby are on jsa and we do have other creditors.

on our expenditure forms we have identified an amount that can be diverted to pay a little more.

So here's the thought:

Through C.A.B. debt management scheme i will be offering token payment between £3-5 to all our creditors, bearing in mind this is what realistically we can afford.

Questions: WHAT HAPPENS IF A CREDITOR OR DCA DOES NOT ACCEPT IT?

WHAT IF THEY TAKE US TO COURT?

 

I am no expert but I would attend and state what steps you have tried to take to rectify the situation. I cant see the court coming down on you that hard, if anything if you can prove that you cant afford it I think he will say they have to accept your offer.

 

JMHO

 

Tanz

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UPDATE:

since my last post i haven't received anymore calls either from cap1 or debitas.

I did think the situation over and at this point i ve reached an understanding with debitas and i will be making token payment to them on the clear understanding that i will reclaim the charges back from cap1 which in turn will massively reduce my debt maybe even clearing it out( I can't be sure of the latter but just a feeling.)

A huge thanks go to the peoples that tried to help me, Tanz and company and i would like to apologise to the CAG forum members for my outspurt of utter rubbish!

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That's ok.. we get a lot worse posts on here. You were'nt moderated so don't worry. When you get all of your statements back go through them all. We can help with claiming back some interest as well. Maybe enough to clear a debt and have some over. Keep us posted. We are here to help.

 

Ukaviator

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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UPDATE

The very nice(not!)people from DEBITAS are now considering court actions as i failed to contact them about making an offer of payment.

What they did not mention is the letter i sent them saying this account is in dispute as i am taking steps to reclaim the charges cap1 applied to my account. it clearly state to withold any legal action until the dispute is resolved. and no word from cap1 re: SAR.

Any suggestion on what to do next? Thanks

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They get 40 days to send out your S.A.R. Maybe a call to remind them the clock is ticking could speed things up a bit. It maybe worth writing to Debitas and telling them again that the acount is in dispute and to hand back the account to Capital One. You should pay something to the account as a token gesture to keep the wolves from your door.

Anything paid will be taken into account later when you get your refund.

I would do everything in writing from now on, to stop any harrasing calls.

 

Hope this helps

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Ukaviator thanks for info, i am doing exactly as you suggested.

I also forgot to say that i ve sent a CCA request to Debitas so them toohave got a deadline to respect yet they threaten me with possibility of court(i really want to see their faces trying to explain that to the judge).

Also i am making a token payment as well, although they say is not acceptable i am still making it(hopefully the same judge will not punish me....too hard:D ).

 

Since all the calls stopped the debt situation seems more manageable than before.:)

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I'm glad the calls have stopped. You should do everything in writing from now on. You don't need hassle calls from them during the day. If you need any assistance on any debt issues try the Debt forums here or the CCCS website for some guidance.

 

Uk

  • Haha 1

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 4 weeks later...

Update...

Received statement fro CRAP1 and they are after me for £404.06(£200 limit) adding all the charges and interest they now owe me £419.36.

Sent a CCA request to DEBITAS but all is quiet there( they defaulted and commit an offence on 15/04).

Sent my prelim letter on 20/03 and all is quiet from cap1 as well, they have till 03/04.

All the hassle has stopped and i finally sleep at night. Thanks to the many peoples that helped

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Good to hear you sound like you have it all under control, you will get an offer soon, I have had 3 all for the same amounts and have rejected every one of them. N1 put into court on Thursday, so just sitting back and waiting.

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Update

sent a lba letter yesterday and revised charge summary to include the mis-sold ppi as my missus she is a housewife with no disposable income apart for the child benefit.

I have no hope of this been settled before court... she is claiming contractual interest and the charges are more than the outstanding balance...:eek:

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