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    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
    • President Ruto says Kenyans pay less tax than citizens in some other African countries.View the full article
    • As PM Sunak really showed his true colours at the D Day Commemorations by doing what? Oh I am the British PM lets just leave early I have better things to do and as he is called out on disrespecting all those veterans that served our country for the freedoms we have today he gives a groveling apology to little to late. He knew about this event for a long time and also knew that this is probably the last D Day Commemoration due to the age of those Veterans who gave so much for there countries freedom. Even on the day of the D Day Commemoration he still could have changed his plans As PM and stayed but choose not to showing such DISRESPECT to those Veterans, those that lost there lives and Families for the Freedoms we have today Being a Veteran myself I have never known a PM to show such disrespect what the hell was he thinking SHAME ON YOU PM SUNAK  
    • Thanks. We'll try to help over the weekend. If the hearing is on 05/07 then it's 90% sure that the deadline for filing your WS is 21/06.
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Newbie, need some help


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I owe about £4k in total to 5 different credit cards. Its been going on about 9 months and alot of phones calls (which i ignore) and letters. A neighbour said there was someone in a flash car round asking about me and a letter managed to make its way to my sisters house in which i have never lived and she is married with a different surname! (that was embarrasing)

 

I've just found out about the CCA letter so i've been busy typing up the letters.

 

Heres who's been chasing

 

Capital One - Lowells

Halifax - iQuor (new name)

Barclaycard - Credit Security Limited

Mint - Fredrickson International Limited

Royal Bank of Scotland - Buchananclark & Wells

 

Along with some tame legal threats from Debt Solicitors coming off these debt agencies.

 

Letters posted, i'll let you know how i get on. Feel a bit lighter now i'm dealing with it.

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Once the replies start coming in let us know what they are saying and we will

help you to put them straight. {I am using "straight" in its widest possible context :D}.

If the debts themselves are a few years old you shouldn't hear too much from the your CCA requests as the original documents have probably disappeared. If that is the case some of them might try and pass off an

application form as the real deal instead.

with regards to the letter that went to your sisters, was it addressed to you and opened by mistake or was the DCAs name on the outside of the envelope?

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with regards to the letter that went to your sisters, was it addressed to you and opened by mistake or was the DCAs name on the outside of the envelope?

 

Yes it was addressed to me and had that blue colour around the edges as if it was important so she opened it. It said something about someone calling at her house and she was very worried. She called the company up and gave them a good telling off without mentioning she knew me. :)

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Just subscribing. Glad you're feeling better. Taking control does wonderful things for you.

 

Keep us posted ;)

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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Hiya an4rew :)

 

Take a look at my thread re: BCW

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/92533-newbie-please-help-bcw.html

 

It may give you some insight as to the way they do things, although they've treated others on CAG far worse than me.

 

Hopeful1 and I are sharing the same CCA timescales with this lot and they've well exceeded them. Not heard anything since they acknowledged my CCA request on 21st May. I reported them to Trading Standards and Financial Ombudsman Service a few weeks ago.

 

Good luck and best wishes,

 

BB

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hi, thanks for the replies everyone!

 

i'm just a little confused on my next course of action. If they do find the CCA i then send a the S.A.R - (Subject Access Request) about getting the extra charges removed. If they don't find the agreement am i right to say its unenforcable and i do not make any offers?

 

Also would it get passed back to the OC and i make an offer to them instead?

 

thank you.

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Normally what happens if they can't find a copy of the agreement the debt get's passed back to the OC. If they can't find the agreement then yes the debt is unenforceable. The debt may get passed to another DCA by the OC (even though it is unenforceable) and the fun and games start again. That is why when they can't find a copy of the agreement it is important to push for closure on the account with the OC.

 

If they can find a copy of the agreement and it is enforceable you would then send a SAR and dispute the amount owing. It is important to note though that not all credit agreements are enforceable as they are required to contain all the prescribed terms under the Act.

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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got some replies :-D

 

Buchananclark+wells - 'cease all action' placed on my account with immediate effect... they are asking OC to revert back to me within 28days.

 

Credit Security Limited - In the Circumstances we will take no further action and have returned your account for our Clients attenion.

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Good grief! Talk about a fast response - excellent stuff :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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  • 5 weeks later...

Hi Everyone,

 

Well its been almost a month now since i sent the letters. Only one company (MINT) managed to find the original credit agreement, it looks pretty legit (signature, interest rate, credit limit) and came with about 50 pages of statements.

 

So i now send them a S.A.R - (Subject Access Request), where has the template gone?

 

What do i do with the others now?

 

I'm not really in a position to pay as i have no free cash at the moment, my income is similar to my outgoings. Should i try to push for closure on these accounts as i am not in a position to pay or make a small offer. I have friends and family willing to help.

 

Many thanks.

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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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