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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
    • Come and engage with homelessness   Museum of Homelessness MUSEUMOFHOMELESSNESS.ORG The award-winning Museum of Homelessness (MoH) was founded in 2015 and is run by people with direct experience of homelessness. A very different approach. If you're in London you should go and see them
    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
    • The boundary wiill not be the yellow line.  Dx  
    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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      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.

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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.

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Help again please with 1st credit


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Hi babybear,

been reading your thread for sometime now.

 

The best thing is your still here, and helping so many people with your threads and the way life is treating you.....Thank you, for making so many people feel they are alone.

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Babybear, I suspect that after the shock of bankruptcy, you can start to feel a real sence of hope. You've got an entire new chance, and sooner than you know it you'll be a discharged bankrupt.

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i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thank you all for your very much needed support, help and kind words of encouragement :)

 

I wouldn't be here now if I hadn't found CAG.

 

The DCAs made me feel so ashamed, helpless, almost criminal to be honest...

 

I'd had a very good paying job before all this happened, but we never know when bad luck/ill health/permanent disabilities will strike us. If I'd known that, I certainly wouldn't have got myself in the mess I ended up in :(

 

Bo, no-one gets anything, I have nothing...

 

I'm still getting letters from SC&M re: the CCJ even though the OR has contacted them (had a very interesting conversation with them yesterday ) Here's the link to my short thread on them http://www.consumeractiongroup.co.uk/forum/general-debt/103568-ltsb-ccj.html...And also cabot chasing an alledged debt included in the bankruptcy...

 

The transcript of the conversation with SC&M will be passed to OR ASAP along with their letter and the one from cabot.

 

You're right tom, the intial proceedings were very daunting but I had a very understanding judge, court staff and my support worker who all helped make the process as painless as it could be...

 

For anyone in a similar position, contact CCCS who helped me get my bankruptcy costs from the charitable organisation of a former employer. Numerous DCAs said I couldn't go bankrupt as I didn't have the money to petition, and one particular nasty guy gloated over this and made me cry. That's when I phoned CCCS again and asked if there was any way I could get help with the costs. They asked my who my former employers were, gave me links to sites and even supplied a letter recommending the bankruptcy.

 

I was prepared to pay any enforceable debt, but they made my life such a misery I felt I had no other choice.

 

At least now I can get on with my studies and look forward to a new and exciting career :)

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Thanks Cas :)

 

I'm studying for my BA Journalism...Might do a nice feature on this bunch of *****, including all the other lovely DCAs I've had to put up with so they don't feel left out ;)

 

That's the spirit! You'll never be short of people to base stories of financial nightmares on anyway! :D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi Babybear

 

I found this site, and your thread, by accident when I did a Yahoo search for 1st Credit. Bless you all - you are an inspiration and a shining example of mutual help and support. We act for our son who is abroad; this isn't our debt and 1st Credit have so far failed to convince us our son owes anything, so we can be a little more detached about it than most. Even so, let's say I am not impressed with 1st Credit's interpretation of the law.

 

[BTW I see that the director of 1st Credit has been elected CSA President. Nice long spiel about integrity, etc. When I have sorted out our problem I hope to write to him personally congratulating him on his appointment and asking if he is aware of what is going on in his own back yard. Maybe he knows already, judging from your correspondence about 1st Credit checking up on this site.]

It was an inspiration to read your story - talk about empowerment!

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Welcome to the forum, Gussie.

 

If you have anything you need help with, please feel free to post a new thread on http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/ .

 

for example, if there is some doubt as to his owing money, you might consider S.A.R. ing the original creditor.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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A S.A.R. is a request under the Data protection act 1998 to recieve all data held about you by an organisation. It normally costs £10.

 

A very simple letter sent to the Data Controller of the organisation such as:

 

Your Address

Accounts No:XXXX, XXXXX

 

Dear Sir or Madam,

 

Please send me all personal data to which I am entitled under the Data protection act 1998. i enclose payment of £10.

 

My previous address was XXXXX.

 

I enclose a copy of driving license / council tax bill / utility bill as proof of identity.

 

Yours faithfully,

 

XXXX.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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For anyone in a similar position, contact CCCS who helped me get my bankruptcy costs from the charitable organisation of a former employer.

There are also a number of utility trusts who will help you with the costs of paying for self bankruptcy, often paying the full cost.

 

Enjoy your studies BB and best wishes for your new career :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 month later...

Hi,

As you know i am having problems with 1st credit too,but whats confusing me is whether they will have a CCA for the debt they are chasing me for,they must have bought it off citifinancial so is obvious they were sent the CCa,this is new to me ,

 

Should i write and ask them for one and will it halt them in their tracks concerning their threat for a charging order on my property do you think ?

 

thanks

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Hi,

As you know i am having problems with 1st credit too,but whats confusing me is whether they will have a CCA for the debt they are chasing me for,they must have bought it off citifinancial so is obvious they were sent the CCa,this is new to me ,

 

Should i write and ask them for one and will it halt them in their tracks concerning their threat for a charging order on my property do you think ?

 

thanks

Hi HMD,

No, it doesn't work like that. There's a brilliant thread by OnTheBrink on the 'General Debt' sub-forum here (Inside a DCA!), which explains it much more but no, I very much doubt they'll have the CCA. They're very unpleasant gamblers, they take a chance on 'debts' they buy. Most people haven't heard of CCA requests or their legal rights, and that's what DCAs gamble on. When you request a CCA you put the account into dispute. I think anyone who has dealings with 1st Credit should always CCA them straight away - they shouldn't be underestimated, but they rarely have the required documents. The only thing you can do is ask, wait and see. They might have a letter of assignment, but that's not a CCA :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Hi howmuchdebt,

 

You must put this debt in dispute ASAP as long as you're not comfortable with the way in which 1st credit are handling it.

 

Whilst the alledged debt is in dispute they CANNOT apply for a charging order.

 

To do this you need to write recorded requesting a true copy of the properly executed consumer credit agreement - CCA. Here's the letter you need:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

YOUR ADDRESS

DATE

 

 

THEIR ADDRESS

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be paid used for any other purpose.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Amend to suit and send with your £1 payment in postal order form keeping a record of all to track, trace and ensure things are cashed, recieved etc...

God luck, best wishes and a very Happy Easter :)

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Hi howmuchdebt,

 

You must put this debt in dispute ASAP as long as you're not comfortable with the way in which 1st credit are handling it.

 

Whilst the alledged debt is in dispute they CANNOT apply for a charging order.

 

To do this you need to write recorded requesting a true copy of the properly executed consumer credit agreement - CCA. Here's the letter you need:

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

 

YOUR ADDRESS

 

 

 

 

 

DATE

 

 

 

 

 

 

THEIR ADDRESS

 

Dear Sir/Madam

 

Re:− Account/Reference Number XXXXXXX

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. This payment is NOT to be paid used for any other purpose.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

 

Amend to suit and send with your £1 payment in postal order form keeping a record of all to track, trace and ensure things are cashed, recieved etc...

God luck, best wishes and a very Happy Easter :)

Hi thanks for this info.

the thing is though we are paying £9.61 per month through payplan and sent them a toaken payment In January with a signed letter from myslef and hubbie,so we are ackowledging the debt arnt we ?

 

I hope we can still dispute it as its playing on my mind all the time and making me feel quite ill at times :(

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We were paying Citi through Payplan too. They sold the debt to 1st Credit, hubby phoned to get the new details for Payplan and was kept on the phone for at leasrt 5 minutes by a woman who wouldn't stop, threatening bankruptcy, telling him to sell house etc. We sent the CCA request, they wrote back growling they'd request it, we waited the 12 + 1 month and wrote a bog off letter from here (CAG). They bogged off! They want to make you feel ill. CAG gives you muscles! :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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We were paying Citi through Payplan too. They sold the debt to 1st Credit, hubby phoned to get the new details for Payplan and was kept on the phone for at leasrt 5 minutes by a woman who wouldn't stop, threatening bankruptcy, telling him to sell house etc. We sent the CCA request, they wrote back growling they'd request it, we waited the 12 + 1 month and wrote a bog off letter from here (CAG). They bogged off! They want to make you feel ill. CAG gives you muscles! :)

Hi Thanks this is really interesting i never even thought of anything like this until reading this forum,

 

We are sending a letter today i have a stamp and its going in the post first thing ,

 

Happy Easter to you :) even though there is about 2-3 inches of snow outside :o

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Hi howmuchdebt,

 

You MUST send the CCA request by RECORDED delivery or SPECIAL delivery which means that the request must be signed for and you will have confirmation that they got your letter.

 

:)

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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