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    • Yeah super happy and grateful for that, they easily could've prosecuted for fraud.    And I sent a pleading letter when they first asked me to plead my case but no I haven't gotten in contact with them since I received the summons on Friday. I don't even know if I should try tbh, I don't think it's going to go anywhere but obviously, I do not want a criminal record in the slightest so I am going to try calling and speaking to the prosecutor on the day.   In the meantime, I will attend court in person. When it comes to payment, do you have any idea of how that works dx? Do I pay on the day at the actual courthouse with my bank card or do I pay online?    Oh also, the oyster was used for 128 uses. So, my chances are just that much slimmer lol
    • It is the speeding matter which will cause you the most trouble.   If you have been "flashed" a Notice of Intended Prosecution (NIP) and a request for you to provide driver's details will be sent to your old address. If you fail to respond to the request  you will be prosecuted for failure to do so. A conviction for that offence carries a hefty fine, six points and an endorsement code that will see your insurance costs go through the roof for the next five years.   You need to either get access to the post at your old address or contact the police in the area you believe you were flashed. How long ago do you believe you were flashed? 
    • Fair enough. I've got everything here, belt and braces  so I'll send the lot in.   Thanks again.
    • What this could be is someone living in your area, wanted to get an online quote, without giving their true name and address. This is so they get an idea of the premium, without the Insurers holding onto their details.   There are also market research companies and Insurers rating analysts that apply for quotes, based on made up names/addresses. An Insurance company I worked would receive dozens of returned post on a daily basis, where we found that quotes had been obtained using false details. On the envelopes it would be noted, that Mr G Raffe or Mr M Mouse has never lived at the address.
    • Shame but thanks Andyorch and everyone for the advise.. appreciated muchly..   Hadituptohere 
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • 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....
      • 14 replies
    • 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/
      • 0 replies
    • 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.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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claire1976

Car finance chasing for arrears from 5 yrs ago.

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I had my car stolen 5 yrs ago and claimed on the insurance, I also had gap insurance to cover the difference. Since 5 yrs have passed I haven't got any paper work or details of who the gap insurance was with. I just remember that it was sorted out. Now suddenly 5 yrs later the car finance people are claiming I still owe them £3500, they have no details of gap cover and are threatening legal action?!!!

I have no paperwork to support my claim and can't understand why its taken them so long to contact me about it.

I have no assets to my name as I've been undergoing cancer treatment for last 4 yrs, I only work p/t so can't afford to pay this back.

Is there a time limit on companies claiming for money?

What can I do, I'm so worried.

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Not sure how I can help, but to help you find details of the gap insurance, have you got any statements (bank ones - I'm assuming you paid it by direct debit) from around that time. That would at least give you the company name and a reference number. Might be a place to start?


"Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.

 

They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."

 

Woodrow Wilson, President of the United States.

Change the US for the U K... do you think he meant CAG?! :wink:

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Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.

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Have you acknowledged this debt in writing since they contacted you? If not, and if you haven't made any payment it may be worth checking out EXACTLY how long this has been outstanding for ( from the sounds of it would be from the date the shortfall occurred ). If it's coming up to 6 yrs you may want to hold your nerve then argue statute of limitations. I'm not absolutely positive whether this would apply for your exact situation but maybe someone else can!!:)

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Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.

 

i would challenge these charges in the same way one would challenge bank penalty charges. start by sending them a S.A.R - ( Subject Access Request). remember not to admit liability at this stage.

 

i'm no expert on insurance but this sort of behaviour really warrants the complaints avenues investigated.

 

sorry to hear of your condition, i hope this doesn't get in the way of the road to recovery.

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Have you acknowledged this debt in writing since they contacted you? If not, and if you haven't made any payment it may be worth checking out EXACTLY how long this has been outstanding for ( from the sounds of it would be from the date the shortfall occurred ). If it's coming up to 6 yrs you may want to hold your nerve then argue statute of limitations. I'm not absolutely positive whether this would apply for your exact situation but maybe someone else can!!:)

 

Unfortunately it is less than 6 years so I can't argue on that score.:(

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i would challenge these charges in the same way one would challenge bank penalty charges. start by sending them a S.A.R - (Subject Access Request). remember not to admit liability at this stage.

 

i'm no expert on insurance but this sort of behaviour really warrants the complaints avenues investigated.

 

sorry to hear of your condition, i hope this doesn't get in the way of the road to recovery.

 

 

I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.:(

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I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.:(

 

In the eyes of what is reasonable, how would a debt of £195 grow to one of £3500 in 4 years?

 

I think you would have a VERY, VERY good ground for a defence.

 

Can you answer any of these questions for me?

 

1) How much was the original agreement for?

2) What was the original rate of interest

 

If the original loan was regulated by the Consumer Credit Act you should consider sending a CCA request and forcing the debt into dispute.

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From what I can gather when the insurance company paid out the finance company included a rebate for early settlement during the financed period. Because I failed to pay the shortfall that was left between the ins company and gap insurance they say they are entitled to reclaim this rebate and have therefore added this plus costs back to my account.

I have no paperwork anymore as it was so long ago and I thought it was settled I haven't got anything to work on .

What is a CCA request?

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a CCA request is a request for your agreement + statement of account under the Consumer Credit Act, more info here: http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

 

How much did you borrow originally [approx]?

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I think it was £8500, Insurance paid out £6500, gap £1046, I'd made about 3/4 payments before the car was stolen, shortfall was £195.

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I think it was £8500, Insurance paid out £6500, gap £1046, I'd made about 3/4 payments before the car was stolen, shortfall was £195.

 

The agreement would have been regulated by the consumer credit act.

 

A CCA request will allow you to send £1 and get a copy of the aformentioned info. This should be your next step.

 

remember that if they cannot furnish you with all the info, the debt will be UNENFORCEABLE.

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Ok, I will give that a go but I'm not sure that it's going to help.

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Ok, I will give that a go but I'm not sure that it's going to help.

 

you need to read more around the forum! it is clearly evident this firm is taking you for a ride.

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Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!

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Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!

 

i can appreciate that the threat of legal action might appear scary but they need ot prove that this amount of money is due. £195 growing to £3,500 in five years doesn't add up and i'm sure a judge would agree. you have a right to a statement, it will be interesting to see what it says!

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They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.

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They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.

 

well as soon as the paperwork arrives we can all help move this forward!

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Thanks, I'll let you know as soon as I receive something back and perhaps you can advise me from their. Your help is much appreciated.

:)

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