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    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
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    • Hi London  he doesn’t have government gateway. Should we do it via post?
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MERCERS and 2 faulty BC DNs **WON**


Delfi101
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I for one cannot wait to read the Idiots response to your excellent defence. Any reasonable person looking at this would see they havent a leg to stand on. Still commonsense does not appear in the DCA vocabulary. For years they have lied, cheated and bullied their way in dealing with debtors (allegedly).

 

They do not expect to be challenged in the Courts by people. For too long they have been able to wing half baked cases and win them because the debtor thought that it was pointless turning up or were intimidated by the bully boys and their Pseudo Legal speak.

 

Now thanks to this site people are realising that the DCAs are nobodies. They have now Legal authority to do a quarter of the things the spout on the telephone. The sooner more people take these thugs on and beat them the better for all concerned

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I am just going on what you and others have said. HAve not had the chance to read the whole thread yet but what l understand is you ave pointed out where they have gone wrong and corrected them in your defence.

 

Yes but they are going to see the sticker before they see the defence which is good.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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It's worth bearing in mind that this is not a DCA taking me to court. It's actually a bunch acting on behalf of Barclays PLC (who are named as the claimant).

 

Their website seems to indicate that they've recently picked up a large contract with Barclays to do this.

 

D

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oh rite so this large company are taking u for all you have with nothing then?

 

Maybe they should get clued up then.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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well l say.

 

Hook

line

and sinker.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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hmm, for some reason i became unsubscribed from this thread.

 

 

if it happens to be the case that you ask a question and dont get a reply then please PM me or email as it seems that a few of my thread subscriptions have fallen over

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Delfi101

 

"Optima are not a DCA" - True.

 

They are virtually a clone of Weightmans solicitors and in fact if you look at Weightmans, you could argue that Optima have lifted some of their blurb straight off that site.

 

The debt collection side of Weightmans is just one division of a large outfit of solicitors. From the Optima site, apart from conveyancing, they do nothing else but debt collection!!

 

Hmmmmmmmmm

 

David

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world of pain.

 

Only pain.......how about the world of the law as well?

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Update ... (and a few random thoughts with TLA's)

 

It was about this time of year one whole year ago that my world felt like it was falling apart.

 

I had no idea that my life would change so much for the better and I had absolutely no idea about CCA's, CCJ's, DCA's or other TLA's (Three Letter Acronyms:-)) associated with this industry.

 

I also had no idea about how nasty (and stupid) DCA's can be. I distinctly recall one line used by a B/C representative calling me about my inability to pay. He threatened me with 'Mercers' and I actually fell for it. It was at a time when I was cash strapped I got scared.

 

I also remember that the phone calls make you cautious when answering your own phone and you dread the postman arriving. In my case I was looking for work ... you need phones and post for that! Not only did these add to my stress they made it difficult for me to use reasonable forms of communication and hindered my attempts at finding employment.

 

On reflection that was a massively dumb stratagem based on the 'you can get money and we want it NOW' bullying approach.

 

Lesson learned! I now know ALL about Mercers et al thanks to the CAG and they gave up with me.

 

Still nothing in response to my wonderful (Paul supplied) defence from Optimistic ... 1st Credit have acknowledged that the account sold to them is in dispute and have gone quiet ... Weightmans (a HFC account) have gone quiet since they were told to bugger off too.

 

The difference in my life ?? Enormous!!! No phone calls, no threatening letters and no fear ... just blissful silence.

 

Frankly, in the unlikely event that I lose the case with Optimistic or either of the others I don't care. I've still won because I'm not walking blind anymore ...

 

A year on, and even if I were to face a CJJ or 2, I'd still have more take home pay than if I was to pay these leaches and the debt would be paid off sooner.

 

BUT I'm sure that I'm not going to face any CCJ and that's thanks to the kind folks of the CAG. My life is fun again.

 

One of these call centre fools called me a 'loser'. Anyone believe in Karma? :)

 

These people disgust me to the core of my being.

 

D

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Update ... (and a few random thoughts with TLA's)

 

It was about this time of year one whole year ago that my world felt like it was falling apart.

 

I had no idea that my life would change so much for the better and I had absolutely no idea about CCA's, CCJ's, DCA's or other TLA's (Three Letter Acronyms:-)) associated with this industry.

 

I also had no idea about how nasty (and stupid) DCA's can be. I distinctly recall one line used by a B/C representative calling me about my inability to pay. He threatened me with 'Mercers' and I actually fell for it. It was at a time when I was cash strapped I got scared. AS always,they rely upon you falling for it D. if i had a pound for everytime a CAG'er had been mislead by DCAs and their interpretation of the CCA i would be very rich;)

 

I also remember that the phone calls make you cautious when answering your own phone and you dread the postman arriving. In my case I was looking for work ... you need phones and post for that! Not only did these add to my stress they made it difficult for me to use reasonable forms of communication and hindered my attempts at finding employment.

 

On reflection that was a massively dumb stratagem based on the 'you can get money and we want it NOW' bullying approach.

 

Lesson learned! I now know ALL about Mercers et al thanks to the CAG and they gave up with me.

 

Still nothing in response to my wonderful (Paul supplied) defence from Optimistic ... 1st Credit have acknowledged that the account sold to them is in dispute and have gone quiet ... Weightmans (a HFC account) have gone quiet since they were told to bugger off too.Normally works;), and its going to be interesting if they do decide to carry on, had one yesterday where i wrote the defence and it didnt even get out of the Northampton County court Bulk Centre ,they gave up and ran away

 

 

 

The difference in my life ?? Enormous!!! No phone calls, no threatening letters and no fear ... just blissful silence.

 

Frankly, in the unlikely event that I lose the case with Optimistic or either of the others I don't care. I've still won because I'm not walking blind anymore ...

 

A year on, and even if I were to face a CJJ or 2, I'd still have more take home pay than if I was to pay these leaches and the debt would be paid off sooner.

 

BUT I'm sure that I'm not going to face any CCJ and that's thanks to the kind folks of the CAG. My life is fun again.

 

One of these call centre fools called me a 'loser'. Anyone believe in Karma? :)

 

These people disgust me to the core of my being.i feel exactly the same

 

D

 

Hi D,

 

glad to see your a lot happier now matey,

 

i cant wait to see what optimistic decide to do with this,they would be extremely silly to press this to court thats for sure

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Watching this case with interest as dealing with "mercers", and "calder" regarding old barclaycard debts. Sick of them now so gonna refer the whole thing to FOS to see what they do next lol. Hubby has an account passed to 1st credit that we have just replied to where they state that they have been assigned the debt and we should pay them now and take up our complaints re non compliance to CCA request and charges (twice the level of the alleged debt) plus miss sold PPI against the debtor later. They also want copies of all my correspondance with the OC rofl. They also recently threatened a charging order and "substantial legal costs and interest" on a debt under £300. Who do they think they are kidding.

Go get em

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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LOL

 

They threatened that on a debt of under £300.

what do they think they know the law.

 

I would tell them to go fourth and multiply but that would be dangerous.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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yes but we cant use swear words on here and some of the words l could use for 1st credit myself is fun.

 

They are still chasinging a debt for a person who has not lived here for nearly 3 years. They have had several letters back and they have continued to ignore them. I even recieved a letter that was not in a envelope so i emailed them and they ignored the email and then recieved another letter.

 

I telephoned them threatening to go to the police for harassement and the OFT as they had failed to adhere to the guidelines where i recieved a instant apology and a promise no more letters.

 

Have not had one since but it has taken 3 years nearly for them to stop.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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We know they are stupid but we cant prove it as they would just say they had responded and we did not get back to them.

 

Needless to say l have been 1st credit free since l threatened them and needless to say l have had a apology of sorts.

 

We are sorry for the problems this may have caused you but if we were aware that Mr previous tenant had moved out of the address nearly 3 years ago we would has stopped writing to the address.

Then why did you not act on my email and on me sending you all letters back.

We dont respond to emails as we have had ppl tell us by email they dont live there when they still do and we also have ppl put the mail back in the post saying they dont live there went the do. 1st Credit do not break OFT guidelines like you suggested in your telephone message. We make sure we stick to them even thought we dont need to.

We believe what we have done doe not break the guidelines as we have made every attempt to contact Mr XXXXXX and we have explianed we dont accept emails and letters back.

Rite what ever.

TS have been informed but they are doing the ostridch or how ever it is spelt.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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yes my local TS have refused to deal with any compaint l have made about any company writing it of as a debt issue and telling me to contact the nation debt helpline.

 

Even when a company has taken money and lost it. they say it is a debt issue. Well the DCA that was chasing for that debt is not any more l used the same trick on them as i did with 1st credit.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Well, that's another week that's passed without disturbance by DCA cretins.

 

Optimistic haven't said a thing, 1st Crudit are still under their stone and Weightmans have yet to respond after their empty threat and 'cunningly worded' letter inviting me to disclose all kinds of info an enter into a secured agreement.

 

I wonder if Optimistic will actually do something ... if not I have to take holiday and have I expenses. Surely these are valid costs that they should pay?

 

D

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