Jump to content


  • Tweets

  • Posts

    • when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
  • 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
      • 161 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

Chalkitup v DCA's


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4989 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

Stay with CCCS. That's what you have engaged them for.

 

Write to Lloyds and tell them they must deal with CCCS.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

  • Replies 139
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thank you for your replies.

 

I will do as suggested and then start a new Chalkitup v Lloyds thread .... incidentally I have looked back through my Lloyds paperwork and notice that they have sent me two Default Notices (in early 2007) just over three weeks apart and for different amounts.

 

I have not checked but if they have put more than one default with the CRA's I will use that against them if the going gets tough in the future as patrickq1 did a while back using case law "Kpohraror vs Woolwich 1996".

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Hello All,

 

Rather a lot going on at Chalkitup Towers this week ..... seven Formal Complaints started!!!

Had very interesting reply from one DCA already .... will update that thread tomorrow.

 

Plan to get my teeth into Nat West account tomorrow ... and just need a few pointers as this one is confusing me somewhat.

Nat West – overdraft – sole trader business account (I am going to tackle this one first and wait a while with the personal account overdraft one).

Sent S.A.R - (Subject Access Request) last August – Only received six years statement copies - sent loads of letters since demanding all the other stuff I should be sent - Is a S.A.R - (Subject Access Request) like a CCA when in dispute i.e. If in dispute they can not add interest or collect etc etc. (They are adding a hefty amount each month .... more than my CCCS DMP amount)

Plus I did CCA them at same time but they argue CCA not relevant for overdrafts. (Caggers say CCA is relevant but I am struggling to get to grips with this one). They have sent me a Termination Notice served under Section 76(1) and 98(1) of the Consumer Credit Act 1974 ...... So how can they say overdraft not covered by the Act?

 

Help appreciated please then I will get a Formal Complaint / Dispute letter off to them.

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Hello All,

 

 

Sent S.A.R - (Subject Access Request) last August – Only received six years statement copies - sent loads of letters since demanding all the other stuff I should be sent - Is a S.A.R - (Subject Access Request) like a CCA when in dispute i.e. If in dispute they can not add interest or collect etc etc. (They are adding a hefty amount each month .... more than my CCCS DMP amount)

Plus I did CCA them at same time but they argue CCA not relevant for overdrafts. (Caggers say CCA is relevant but I am struggling to get to grips with this one). They have sent me a Termination Notice served under Section 76(1) and 98(1) of the Consumer Credit Act 1974 ...... So how can they say overdraft not covered by the Act?

 

I'm not sure but I think that the Information Commissioner is the one who gets interested in breaches of the DPA (a SAR is made under the terms of the DPA). Pop over and ask them. I sure you know how to do this quite diplomatically but forcefully.

 

You say the account is business sole trader. As such I don't think it is covered by the CCA (Consumer Credit Act). If they're serving you a notice under the CCA then they obviously regard the account as a personal one.

What may be at issue is whether the overdraft is covered by the CCA. I think they're confused. Just keep on asking them the difficult questions.

 

Is this being handled by your branch or has it reached Telford? If it's still at the branch go and see your business manager there and put these questions to him directly.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

  • 4 weeks later...

Oh Bless ...... Had a call from Moorcroft yesterday eve.

 

As I record all my calls on the computer and I am gathering as much evidence against DCA's as possible I answered it .............

 

Usual threats etc etc ...... but the Moorcroft chappy annoyed me by insisting that I said something that I did not in a call back in July when they phoned me ...... big mistake ..... quick as a flash I clicked on the telephone call he was talking about and played it to him ....... (still recording the present one of course) ...... oh bless ...... how silent it went when I asked him to confirm he still stood by his original claim regarding what I had said.

 

Infact I must have really thrown the poor chap because when I asked him to confirm his name at the end of the call he gave a different surname completely to the one he gave me at the beginning of the call. So either he did a quick deed poll name change during the call or he was perhaps fibbing to me!!!

 

All recorded!!!!!!

 

Onwards and Upwards

 

Chalkitup

  • Haha 5
Link to post
Share on other sites

Hello Brassed off,

 

Yes it was a cracker of a call ...... so funny at the end when the chap gave a different name ... he he!!

 

But a very constructive call as well ..... afraid can not give too much detail here at present but ... Moorcroft agreed to something which I have been going on about for a year and I have it recorded.

 

Still early days I feel!!! But this Nat West / Moorcroft account is infact the main one I will have problems with but after yesterday's call I feel more at ease with the situation.

 

By the way ... thank you for the scales reputation click.

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

CIU - that is fantastic! You send like a bit of a techno wiz - recording one call and playing back another?? Woo! I wish i was that good.

 

This really is unfolding into something fab ;)

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.

Link to post
Share on other sites

CIU - that is fantastic! You send like a bit of a techno wiz - recording one call and playing back another?? Woo! I wish i was that good.

 

This really is unfolding into something fab ;)

 

 

Thank you Hopeful1 and all others who clicked my scales..... very kind.

 

I am glad you enjoyed the Moorcroft telephone call post ...... It is quite amazing what can be achieved with telephone recording software, computers and a telephone logger patch. He He .. the Moorcroft chappy did go very quiet when the exact phone call he was talking about from July suddenly started playing back to him!!

 

To think that last year I would be shaking when the phone rang incase it was a DCA calling ..... now after receiving help from CAG and learning my legal rights I eagerly await the calls.

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Oh Bless ...... Had a call from Moorcroft yesterday eve.

 

As I record all my calls on the computer and I am gathering as much evidence against DCA's as possible I answered it .............

 

Usual threats etc etc ...... but the Moorcroft chappy annoyed me by insisting that I said something that I did not in a call back in July when they phoned me ...... big mistake ..... quick as a flash I clicked on the telephone call he was talking about and played it to him ....... (still recording the present one of course) ...... oh bless ...... how silent it went when I asked him to confirm he still stood by his original claim regarding what I had said.

 

Infact I must have really thrown the poor chap because when I asked him to confirm his name at the end of the call he gave a different surname completely to the one he gave me at the beginning of the call. So either he did a quick deed poll name change during the call or he was perhaps fibbing to me!!!

 

All recorded!!!!!!

 

Onwards and Upwards

 

Chalkitup

 

 

Chalkitup is a CAG hero!!!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

Link to post
Share on other sites

Quick question ....

 

On a personal bank account I took out a loan in 1997 and a month later realised all was not correct with the Personal Loan Protector I was MADE to have otherwise loan would be declined!!

 

I complained and the bank easily gave in and returned 50% (£500) of the insurance to me.

 

But I had to sign that it was in full and final settlement of the matter / complaint.

 

I paid back the loan within twelve months so can any legal bod tell me if with all the recent PPI talk etc have I a cat in hells chance of getting the other £500 back???

Bearing in mind that:-

This account has now been passed to a DCA for collection of thousands on an overdraft.

Is there any time limit on getting a refund.

I signed the full and final settlement letter.

 

Thank you

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

YOu could I guess attempt to get it back on the premise that you were misled in the first place. Perhaps a quick call to the FOS, they sometimes can answer questions like that.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Have you done a S.A.R on the account? It would be interesting to see if they still hold that letter or if there is any reference to it in your file.

 

If not, i would simply make the claim and act dumb (something i'm very good at :p ) and just see what they come back with.

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.

Link to post
Share on other sites

Have you done a S.A.R on the account? It would be interesting to see if they still hold that letter or if there is any reference to it in your file.

 

If not, i would simply make the claim and act dumb (something i'm very good at :p ) and just see what they come back with.

 

 

Hello Hopeful1,

 

Yes ... S.A.R - (Subject Access Request) was done LAST AUGUST (2007) ..... received six years copy statements (which I had already anyway) ...... have sent four letters (recorded) since explaining exactly what I should be sent ...... not one reply .. I need the S.A.R - (Subject Access Request) docs to see exactly what I was sent when I got my overdraft ... i.e. the s.74 determination thingy with the correct information showing.

 

Been a little busy with the credit card accounts but now I must sort this bank account out ........ not sure of my next move really .... but I intend to send a complaint letter and start the ball rolling that way ...... unless someone advises different?

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Quick question ....

 

On a personal bank account I took out a loan in 1997 and a month later realised all was not correct with the Personal Loan Protector I was MADE to have otherwise loan would be declined!!

 

I complained and the bank easily gave in and returned 50% (£500) of the insurance to me.

 

But I had to sign that it was in full and final settlement of the matter / complaint.

 

I paid back the loan within twelve months so can any legal bod tell me if with all the recent PPI talk etc have I a cat in hells chance of getting the other £500 back???

Bearing in mind that:-

This account has now been passed to a DCA for collection of thousands on an overdraft.

Is there any time limit on getting a refund.

I signed the full and final settlement letter.

 

Thank you

 

Onwards and Upwards

 

Chalkitup

 

Just had another think about this. Was this an up front PPI package ?. If so then the whole amount should have been removed from the loan and any payments you had made returned + interest on those payments. If I were you, I would write to the Bank's complaints department detailing everything. Advise them that your complaint in the first instance was upheld so they cant claim that they werent aware the policy was mis sold in the first instance but now having taken advice feel that you were misled into accepting an incorrect sum.

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hello citizenB,

 

Yes ... I like the sound of that idea ....... So far I have twenty plus letters to write next week :grin: but I will add that to the list.

 

Had a really misleading reply from Rob Way this week.

 

I am off out now ....... need a drink!!!!

 

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

Hello citizenB,

 

Yes ... I like the sound of that idea ....... So far I have twenty plus letters to write next week :grin: but I will add that to the list.

 

Had a really misleading reply from Rob Way this week.

 

I am off out now ....... need a drink!!!!

 

 

Onwards and Upwards

 

Chalkitup

 

:D Yes, I have been catching up on your threads.. I noticed how busy you were going be in the admin department next week !.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hello citizenB,

 

Yes ... I like the sound of that idea ....... So far I have twenty plus letters to write next week :grin: but I will add that to the list.

 

Had a really misleading reply from Rob Way this week.

I am off out now ....... need a drink!!!!

 

 

Onwards and Upwards

 

Chalkitup

 

Join the club, Rob Way are as bad as Capquest on the Admin side :grin: They decided to "up" my payments to a Charging Order I have on my house:rolleyes:, but one letter and I've not heard a dickie bird since.

 

You may be interested to know that free legal advice is given by trainee law students at the College of Law from September to May:-

 

College of Law - Legal Advice London

 

Obviously, contact your local College of Law.

 

As their advice is checked by practicing Barristers, it's obviously spot on ;) There's no need to call in, simply call them and then keep in touch by e-mail/post.

  • Haha 2
Link to post
Share on other sites

You may be interested to know that free legal advice is given by trainee law students at the College of Law from September to May:-

 

College of Law - Legal Advice London

 

Obviously, contact your local College of Law.

 

As their advice is checked by practicing Barristers, it's obviously spot on ;) There's no need to call in, simply call them and then keep in touch by e-mail/post.

 

Hello Brassed off,

 

Funny enough I came across that web site about a month back and have it marked in my agenda to contact them.

 

Great minds think alike!!:grin:

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

 

Great minds think alike!!:grin:

 

Chalkitup, i really wouldn't admit to that in public :p

 

Only joking BO - love ya really :D

 

Seriously, let us know if you have any luck with the law society.

  • Haha 1

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.

Link to post
Share on other sites

Hello All,

 

Advice please .....

 

As if I have not got enough on my plate .... Barclaycard do not like the fact that CCCS (running my DMP) have lowered my monthly payments to them by a large amount (after an annual review where CCCS discovered I do not have hardly any income left after food and heating bills!!) and hence Barclaycard have sent me my monthly statement advising that Mercers debt collection agency are now dealing with my account.

 

I know Mercers are Barclays inhouse debt collection squad but just wondered ......

Do they kick up rough and hence would it be advisable for me to CCA them now plus add the "all in writing no calls" bits and pieces before their harrasment starts?

 

Barclaycard has been going well through the DMP but if Mercers are known for problems I will strike first with the CCA request ....... p.s. I have not received any Default Notice or Assignment Notice yet!

 

Thank you

 

Onwards and Upwards

 

Chalkitup

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...