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    • where does anything say its a penalty charge please? sit on your hands , stop begging to everyone await if/when you ever get a letter of claim. thread title updated     
    • Hi all, new member, being advised by someone on another forum but looking for the opinion of others to help me decide what to do.  Bit of a long one but I am looking for some quite specific advice or signposting to somewhere that may hold the correct information. Long story short, I bought an Audi on finance years ago and traded my old car in under the diesel scrappage scheme, brilliant. This allowed me to reduce the value of my brand new car by £7,000 Fast forward a few years later and I fell into hardship. Unfortunately I could no longer afford the car and despite my best efforts at trying to negotiate some kind of support from VWFS (Audi financial Services), the car was subsequently marked stolen and I was pulled over at the side of the road using Tactical Pursuit and Contain. My car was then recovered back to the finance company. I struggled for a while, bought an older car to get myself by and eventually got my finances back on track. Then in September of last year I became aware of a CCJ against me filed by VWFS, for the shortfall of the agreement minus the value of the car which was sold at auction. This caused me to do some research into my agreement, legislation and also consult some legal advice. Using another forum and speaking to retired vehicle finance lawyers, it turned out I may have some grounds to apply to set aside the CCJ at a Court hearing, so I drafted some documents and a witness statement and I was successful in setting aside the CCJ, on the grounds that VWFS had no evidence that I had traded in my old car as a part exchange. Now this is where things get complicated. My whole defence on winning the case against VWFS and disregarding liability for the shortfall rested on the fact that, with my old car as a part exchange, I had paid in more than a third of the agreement and VWFS could not repossess my car without a court order or they would be in breach of Section 90 of the Consumer Credit Act 1974 and I would be entitled to all sums paid under the agreement. I took this all the way, noting that the CCA 1974 and the Consumer Credit Agreement Regulations 2010 state that a deposit is defined as any exchange of goods or by any other means a reduction in value of a purchase by means of a transfer. I recently had my day in Court but as a litigant in person, was cross examined by an all singing all dancing Barrister and of course he persuaded the Judge that I had no case, and that my car traded in under the scrappage incentive was not to be classed as a deposit, despite it literally being written in legislation, amongst other reasons why I found the HP agreement to not be properly executed. I am now appealing this decision as I strongly believe the Judge has misinterpreted the law, What I really need for this to be successful is someone who is knowledgeable in the field of Vehicle Finance to help me understand if I have a possibility of overturning this case, as I have no doubt at all that my car should be classed as a part exchange and a deposit and it is blatantly written in the legislation that the finance companies are bound by. I would massively appreciate if someone can help me decipher this legislation and its application in the sense of my HP agreement, I simply do not understand how I can trade in my car and it not be classed as a part exchange, or a deposit. Similarly, if someone is able to find the exact wording of the terms and conditions of how the Diesel Scrappage Scheme was managed in 2018 that would be an absolute life saver! Thanks so much in advance, this is not a straight forward nor a well documented case but I believe I am onto something and I believe there will be other people in my position who have lost their cars without knowing this clause and could well be entitled to reclaim all sums under the agreement
    • we know them well. you TOTALLY ignore them. NO DCA is a BAILIFF  
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    • 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.

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      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.

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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.

      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
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Hope every thing goes well for you tomorrow at the Land Registry and get back in good health soon - this is extra stress that people do not need with these DC they have such cheeks trying to collects debts when they have no authority do so - that is why the keep harassing to break people and in the hope in the end they will squeeze money out of us.

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Hope every thing goes well for you tomorrow at the Land Registry and get back in good health soon - this is extra stress that people do not need with these DC they have such cheeks trying to collects debts when they have no authority do so - that is why the keep harassing to break people and in the hope in the end they will squeeze money out of us.

 

They are losing Allwood, and losing big time and buckling under the strain of having to do things the way they've been meant to be doing for years, but have got away with it. Not anymore, because the likes of you me and a few thousand followers of this forum and the Cabot Fan Club are making sure they do - well done keep up the pressure on EVERY DCA. Take a look at the conferences the Industry are having -they are discussing US, and how they handle us and - "how to deal with 'vigilante consumers' VIGILANTE? - :eek: the fecking nerve of it.....some of these people, so called professionals, are ignoring their duty, not just as human beings, but as professionals who SHOULD know what they do is against the law. We have only just (relatively) found out the hard way-these people are TRAINED - how dare they call us Vigilantes - keep complaining, every time one steps out of line and Trading Standards will descend on these rogues once and for all one of these days, they will be unable to NOT do it.

 

 

Sarah ;)

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What do they want from us it is not good enough for them for them to try and get us to accept their corrupt practices but we have to be subservient to them and thank them for blackmail by sending out letter that they no right to do in law as nine time out of ten they do not have the relevant documents to comply with what they are doing. Also threating us with doorstep callers and harassing phone calls. They should get a big s**t on a platter for their services. It is not only DCA but it is also the CRA in cahoots with the them.

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Looking at the figures, it's clear that debt collection is big business - that the industry is so clearly rattled by groups like CAG is interesting. The number of 'vigilante consumers' is probably quite small, and represents a minority of those pursued by DCAs. It is my view that the industry isn't too concerned about dealing with vigilantes individually - but that their major concern is that as more people become aware of their rights, and the unethical and irrespionsible practices of the debt industry, so pressure on politicians for robust regulation will inexorably grow apace.

 

The OFT has been a toothless tiger for years where DCAs are concerned; the new FOS system is better, but is already hopelessly overwhelmed, as is ICO. There's already existing legislation, it just needs to be properly enforced. All it takes is some political will to instruct OFT to get off its backside and start suspending a few consumer credit licences, and the DCAs will see the writing on the wall; it happened with the car clampers.

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Looking at the figures, it's clear that debt collection is big business - that the industry is so clearly rattled by groups like CAG is interesting. The number of 'vigilante consumers' is probably quite small, and represents a minority of those pursued by DCAs. It is my view that the industry isn't too concerned about dealing with vigilantes individually - but that their major concern is that as more people become aware of their rights, and the unethical and irrespionsible practices of the debt industry, so pressure on politicians for robust regulation will inexorably grow apace.

 

The OFT has been a toothless tiger for years where DCAs are concerned; the new FOS system is better, but is already hopelessly overwhelmed, as is Information Commissioners Office. There's already existing legislation, it just needs to be properly enforced. All it takes is some political will to instruct OFT to get off its backside and start suspending a few consumer credit licences, and the DCAs will see the writing on the wall; it happened with the car clampers.

 

Can't agree more!

 

This government seems intent on restricting our rights, rather than reigning a rouge industry in to account.

 

Having said that, this site has probably grown up around illegal banking charges - and they still haven't sorted that out yet, so don't hold your breath!

 

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Need advice ….could some please give me advise me regarding this letter that I am sending to Barclays for information that they may have on me, I retuned my credit card to them in 1999 but they still have an entry on Equifax credit report? In 1999, due to be made unemployment, I made an agreement with Barclays bank to pay a £1.00 per month of the balance and they sent me some paying in slips and when they stop sending me their paying slip in October 2001. After they ignored my request for further paying in slips, I heard no more from them until I received letters from solicitors stating Notice of Pending Legal Action for their client Thames Credit Ltd and on the last paragraph of the letter they said that they had instruction NOT to enter into correspondence with me at this stage but to contact BCW Group. On receipt of that letter from the solicitor, and after finding this wonderful site, I sent a CCA request to the solicitors enclosing a £1.00 postal order and sent the same to BCW had both letters recorded them I also said that I do not acknowledge any debt to Thames Credit. Towards the end of July BCW wrote back to me returning my £1 postal order stating that they had placed the debt on hold and had asked their client to forward the relevant documents to me directly and of course I never received any docs from them stating that they a right to collect this alleged debt.

However, on 2nd August, I got a nasty letter from ScottCall stating my outstanding debt has been placed with them; their letter had a reference to their client as Thames Credit and Barclays Bank in that letter and the ones that followed from them they threatened to send their field representative to arrange a door step call, which of course never happened as they were trying the harassment to see if they could get money out of me illegally.

 

After receiving my credit report from Equifax this month and apart from the duplications on my report from them as well as so many other inconsistencies in relation to information on it, which according to Equifax they get this information from Barclays bank and it is up-dated every month. Also a trace that should have dropped off because it had passed the time limit and it was still on my report. The people at Equifax informed me that they could not look further back at information than my last report because that was all that came up on their computers therefore they could not comment on the my previous reports from them. However, after getting my report from Equifax and phoning them twice about the duplications on it ……. the person that I was speaking to at Equifax said when I asked him to have the duplication removed he said to me ‘I have just done it for you’ and told me that I would receive the amended report in about 7 days.

 

On receive of my seconded amended report from Equifax - I could see that had removed the duplication relating to Barclaycard and therefore only one entry on the report for them now. However, they change the data relating to Barclaycard as well, therefore, within a week my data had changed from 8 symbols agreements to pay, to 5 symbols, agreements to pay. Considering Equifax emphasizes to me that they only update information when they received from Barclaycard on a monthly basis!! Changes had been made on my report while I was speaking to Equifax person on the phone.

Also, on my amended report they said that I sent in two consumer’s letters same dates, but I had only sent in one letter but I had to phone calls to them not letters.

The trace was still on the report despite it passing its fall off expiry date (they told me on the phone that they keep traces on reports for one year.

Also Equifax had changed the last two digits on the amended report at the top reference area from 01 to 02 (in all my reports from Equifax since 2002 the last two digits at the end of the reference were always 01) and indeed my first report them had 01 at top reference but on the amended report from them it had 02 at the top of report reference area.

Equifax report that I got from them in 2006 it also had also duplicated the same information from Barclaycard, but I was not aware of this wonderful site then as well as not examine my report too closely, not a good thing to do.

I contacted the ICO and they told that I should send a Subject Access Request to Barclays before I can make an official complain to them.

I found this template letter on this wonderful site and I would be grateful I someone could give some advice on whether it is suitable for what I need from Barclays bank.

 

Data Protection Act 1998

Subject Access Request

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking history with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Sorry for this posting being so long, but I seem to continuously complaining this year not for a close relative that was in appalling care home and after exhaustive correspondence I had her removed from that dreadful home to one that is a little bit better. It is so…. .frightening as each minute of our lives goes by we are getting older and there is no adequate care for us when we reach that dreadful time when we are not able to care for ourselves. There are such shark organizations around masquerading as good been good for people but this is so far from the true. It seems the bigger these organizations get they seem to think that they can do what they want with impunity.

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I would add Allwood to your letter that you want them to supply ALL data they hold on you, not just the Statements as stated here in paragraph one:

"Please supply me with a complete copy of all documentation you hold on me including a list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable." and chip off the part in red. That way you get the full picture including notes on their systems they may have written about you, not just a list of charges. This gives a fuller picture. For example, I applied to my bank who hold my mortgage, for the same full details and I had notes which recommended 'strongly' they did not give me a further advance at one stage due to my lack of evidence of my ability to pay, 5 days later they gave me a £92k advance - this is proving extremely helpful in another case I have going on. .. so, get full information. It might fill a couple of boxes, but it's worth it.

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they stop sending me their paying slip in October 2001.

And your last payment on this account or acknowledgement in writing was when?

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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I am almost sure it was in October 2001 but as it is over 6 years and I closed my account with Barclays in 1999 and they state that they will not keep any data on customers when they ceased to be customers with them, which is well over 6 years. Also, it does not explain why Equifax has changed my data on their reports within a week as well as other discrepancy on them going back to 2002. Also leave data on my report which according to them should have fallen off. I will have to wait until I get my SAS back from Barclay’s before I can do anything positive about it.

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Nice to see Experian attempying to cash in on the Missing Disks Fiasco. Their Dear Leader was on the radio tis morning advising people to check their Credit Files with Experian to see if there had been any fraudulent transactions.

 

Its an Ill Wind etc

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Nice to see Experian attempying to cash in on the Missing Disks Fiasco. Their Dear Leader was on the radio tis morning advising people to check their Credit Files with Experian to see if there had been any fraudulent transactions.

 

Its an Ill Wind etc

 

 

It's funny you should bring that up, because little old cynical me instantly remembered http://www.experianintact.com/content/uk/documents/pressReleases/LabourParty.pdf when this story broke.

 

Funny old world, but I'm sure there'll be plenty of Experian shareholders rubbing their hands with glee to see the share price recover, and Gov insisting it's time for biometric ID cards.

 

I wonder how Bridgepoint are doing........

 

Funny old world we live in.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Okay, confession. I do believe my back is breaking - or it feels like that anyway, hence intermittent posts... more than usual:oops: Yesterday, fired with enthusiasm, we looked for the DLC letter to take to the Land Registry.. and couldn't find it! Stalled! But we've found it again now. But I couldn't make a coherent phone call now so it'll have to wait.

I feel hopelessly behind on everything. Since last year we've amassed huge amounts of paperwork and it's a struggle to keep on top of things. Hubby's foot is on the mend which is a huge relief as I'm struggling to walk.

Off to see the doc again tomorrow. If it's a trapped nerve then I suppose the advice will be 'it'll loosen with rest'. But how the ***l do you rest when you constantly feel like you're on the offensive?

Allwood - thanks for your message :) I feel like you do, frightened a lot of the time. We're in nowhere near as much as a mess as we were last year. We managed to get a remortgage in June with a fixed monthly repayment for 3 years - high interest obviously but it's helped. Now we're tackling the remaining creditors who chose, notwithstanding our best efforts to pay them with Payplan, to dump us on DCAs. The behaviour of DCAs are very often unforgiveable. I've never encountered a bigger bunch of crooks and liars. If we had the money - and obviously we don't, we'd take them to court ourselves for the stress they've put us through. They lie constantly.

If we were in any other position than trying to sort out our finances, we'd sue them for misrepresentation, defamation of character and fraud.

But because we're in debt, we're 'debtors' and once they can refer to you as 'debtors' hell, anything goes!

The whole thing makes me so bl***y angry!

And what the **** is the deal with Credit Reference Agencies? Supposedly the 'consumer's friend', when you scratch the surface and since how entangled they are with creditors and Debt Collection Agencies, it makes you feel ill.

How do they get away with it? How?

 

Okay, rant over. But now the Government has 'lost' 25 million private details of people in this country, these sump DCAs could have a field day. :mad:

I'm not a particularly logical person. I write and think by instinct. I'm not very efficient, so this forum has been a lifeline, truly.

I wrote an article for a professional magazine, published earlier this month, about DCAs. The deadline for submission was the day before we all heard about Beryl Brazier's death. What happened to her has caused me so much grief - as I expect it has a lot of people here - because we can imagine something of what she went through. In a way I'm glad the article was submitted before we heard the news about what happened to her.

I don't think I could have written it after hearing of her death.

PM me to read the scanned copy, and hope the publishers will agree that it's important enough to let people know (especially here) that there are forces at work - outside the financial 'community' - to get these crooked DCAs gone - either shut down or forced to change:

Mental illness and debt go hand in hand. I don't know which comes first. I do know that DCAs are 'head-monsters' - they want money and don't care what they do to people to get it. Very often they use illegal methods - but who knew before CAG that there are ways to challenge them, legally.

CAG is empowering. We don't have to take that DCA ***p. And when we challenge them, expose their unscrupulous tactics, they trip over their nasty little 'techniques' again and again.

So what has this to do with CRAs? EVERYTHING! In the course of a year our credit history has been wrecked utterly. And even looking at our credit files seems to generate a raft of unsolicited, unwarranted mail from companies offering loans, remortgages etc... and DCAs chasing up other people's debts! This is why the 'marketing information' CRAs provide (at a price) alarms me. But while the CRAs are seen as 'authoritative' and somehow 'governmental', while their PR suggests that they're 'consumer advisors', no-one in authority wants to challenge them.

This stinks. And it's all wrapped up with DCAs - even more stinky.

Fall behind with credit payments and you quickly become 'a debtor'. And then you're 'fair game' to DCAs who can apparently muck about with your personal information as much as their sour hearts' desire.

And what does it cost to be a DCA? Bugger all really. They are actively subverting the law to their own ends. If you've got the money and a heart of sewer mud, you can 'set up' pretty easily. Then join their 'clubs', do a web page, get 'respectable', get 'credentials'... they're odious.

Odious.

Rant 2 over. Sorry but feeling rough and needed to get it off my chest!:oops:

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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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This clearly would be a chargeable service that Experian offer to their clients. You have to ask though, whether Banks will prepared to give Experian and open cheque to provide updated information in a paid constant stream OR simply check when they have to (as they do now).

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Probably because their IT system is capable of it. They build their own front-end and since they make money by selling data, if their system is capable of 'pushing' data to their clients when trigger levels are reached, that's just good commerce. As for the other suppliers, no doubt they'll be rushing round trying to match this in the near future....

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I think Experian are aiming to monopolise the information file 'market'. Has anyone been able to draw breath recently without noticing CreditExpert?

My goodness they're everywhere. And just in case people miss the millions of links to Experian's CreditExpert site, they've added a new site, just to link to the same CreditExpert site.

I've just done another Google Search, for 'credit report'. Here they are, the top 2 of the paid listings:

Credit Report for £0

www.Experian.co.uk/creditreport Get your credit report for free with CreditExpert from Experian Free Credit Report

www.creditcheckforFREE.co.uk Get your Experian credit report for £0 at creditcheckforFREE.co.uk

 

Same people, same company, same site. Different smiley faces. Both sending you to CreditExpert.co.uk.

I'm starting to feel sorry (not) for Equifax and CallCredit. Experian are doing a Microsoftly softly...:rolleyes:

 

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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