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    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
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  • Recommended Topics

Hillesden Securities - Citifinancial/Associates - No original agreement


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Hi all,

 

received letter from Hillesdenoffering me a 30% reduction on £1000.00 debt in March 2007.

 

Sent back a CCA Request and every month since (most recent 2nd Aug) I have received a letter stating that:

 

1. we are following up your request for a copy of the original agreement and statement of account with our client CITI/Associates. When this becomes available we will forward you a copy.

2. Your account is on hold and all further action has been suspended in anticipation of receiving the documents required.

 

update in 21 days if no developments beforehand.

 

ANY ADVICE, Cheers SHERLOCK

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Oh well, they KNOW they can't enforce this debt and it would need court action anyway.

Might be worth explain this to them in small words so they can understand it ;)

Be VERY careful whose advice you listen too

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Also, explain to them in small words what 21 days means. They tend not to 'update' people in the said time form the threads I have read and from personal experience.

What sort of world do you want your kids to grow up in?

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Yep that's in my library.

 

Can I suggest a different approach as they aren't asking for money.

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the original creditor for resolution of this default, as DCA NAME cannot lawfully pursue any enforcement activities.

 

If DCA NAME chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service, HM Treasury Financial Crime Branch and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

BLAH

Be VERY careful whose advice you listen too

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The only piece of advice I would add to that is DO NOT SIGN the letter as some DCAs have become quite creative with photoshop

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Hi all,

 

received letter from Hillesdenoffering me a 30% reduction on £1000.00 debt in March 2007.

 

Sent back a CCA Request and every month since (most recent 2nd Aug) I have received a letter stating that:

 

1. we are following up your request for a copy of the original agreement and statement of account with our client CITI/Associates. When this becomes available we will forward you a copy.

2. Your account is on hold and all further action has been suspended in anticipation of receiving the documents required.

 

update in 21 days if no developments beforehand.

 

ANY ADVICE, Cheers SHERLOCK

 

Was it from Tony Locke? Tell them you are contemplating legal action and may ask the court to order the Data Controller to produce the information requested forthwith.

"Why CCJ when you can CCA!"

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yep, A E Locke, director AND data controller.

 

Two options, hes got it and produces it OR tells me he hasn't got it....shouldn't be too difficult for a director of a company :confused:

 

You could be struck off as a director for lesser crimes!

 

SHERLOCK

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  • 3 weeks later...

another letter signed personally by Mr. Locke...............account on hold in anticipation of receiving the documents required!!

 

Well at least he's consistent :rolleyes:

 

I have been paying a small amount on DMP to Hillesden, probably why they haven't requested payments. I know I am entitled to stop payments, but as it is only a small amount. I will continue payments but now I will step up reporting them as I need the statements to reclaim any unlawful charges on the alleged debt amount.

 

There is also the issue of default (if this applies). a NON-COMPLIANCE LETTER TO MR. LOCKE, A COMPLAINT TO TRADING STANDARDS,

 

And as for signing letters, how about a 'new' signature for the DCA letters, keeping a copy of new signature in case of ....ahem...They wouldn't ..WOULD THEY!! :eek:

 

SHERLOCK

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  • 4 months later...

O.K. wots the advice people?

 

They still send me regular letters stating they still haven't received the agreement from Citi......they don't ask for money coz they get a small payment within my DMP.

 

The account was an Associates credit card around 2000'ish, need to DPA them I suppose.

 

I know I could legally stop paying due to non-compliance but if I could get the debt written off would be better....:cool:

 

SHERLOCK

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It's up to your ethics if you stop paying them, I certainly would. OR you could go to court like elizabeth1 did...have a read...

 

http://www.consumeractiongroup.co.uk/forum/cabot/111844-another-cabot-court-case.html

 

In any event what you must do is complain to everybody, FOS, TS, OFT and your MP, my MP has sent me a letter this morning about my own circumstances....(can't wait to see what it says !!!)

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 9 months later...

After regular monthly 'can't find agreement' letters, received today with £1.00 p.o. enclosed:

 

1) our client citifinancial/Associates is unable to provide a copy of the documents requested under the CCA 1974!!!!!

 

2) Consequently I can confirm that all enforcement prceedings on the account have stopped!!!!!

 

3) Although we are unable to enforce the agreement, the default will remain on your credit file. subsequently, should you clear your liability on the account wdate our entry to reflect the appropriate status!!!!!

 

4) if you continue to make repayments, this will be reflected in our monthly submissions to the Credit Reference Bureau !!!!! (they get a proportion, a few pounds, of monthly DMP)

 

5) Please find enclosed £1 p.o.

 

 

When A&L started proceedings, on a different debt, and later dropped the ccj file due to not having the appropriate papers :D & a big thanks to CAG, I took them off my DMP and though various DCA,s have tried since with no luck, I no longer consider this 'owed'.............their problem, not mine!

 

Any suggestions if I should do the same with this.....and how long does it stay on the credit file (is the process renewed if the debt is sold?). this Associate credit card is over 5 years old,

 

Many thanks, SHERLOCK

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Good result Sherlock !! well done....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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  • 1 year later...

C'mon people, I need to take this to the next step!!

 

Can I now without retribution take this account off my DMP?

Do I need to start a claim?

 

Brain is a bit frazzled, trying to sort 5/6 accounts :(

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You can take them off your DMP and tell them to remove the default as they have no eveidence that the alleged account exists. If they do not, you will make a formal complaint to the ICO amd instigate court proceedings to have it removed and cliam damages against them as they are committing a serious breach of the Data Protection Act 1998.

 

Don't be so impatient for answers. People will come along in due course.

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For what it's worth....

 

I get the same letter every couple of months from a CCA request in Feb 2007!!

 

I simply contacted the CRAs and asked them to remove the entry as DLC (as they were calling themselves back then) had placed the default on my account without any proof that the alledged debt even existed.

I got letters back from the CRA saying they'd get in touch with DLC....who 21 days later hadn't gotten back to them so they all removed the entry immediately.

 

Worth a shot.

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  • 1 month later...

Sorry Pinky, the impatience quip was uncalled for and I consider myself duly 'wrist-slapped'.

 

OK, they're off my debt plan!

Waiting for credit file to check for default etc.

Upon receiving file will undertake complaints procedure (they did state they will carry on reporting to cra's)

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Have You Done An Online Complaint The Cra

Cut And Paste The Letter Saying They Have No Cca

Tell Them You Do Not Acknowledge This Debt And Request They Remove All Data Assertaning To It

 

As Data Processors And Data Storer, They Have An Obligation To Make Sure The Data Is ACcurate And Correct

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