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    • Hello all,    I have received a letter from Advantis in regards to an overpayment of carers allowance I received when I got a job whilst I was caring for my mother. I did not know I had to inform them etc.    Long story short, I had a compliance phonecall with carers and nothing more was said.    I stopped caring for my mum shortly after and cancelled my carers allowance too.    I was employed for 4 months at the beginning of 2018.    Apparently the DWP and carers have sent letters but I haven't responded so they've gone through Advantis to recover the amount owed. I moved house shortly after cancelling everything and had no contact from them at all.    They sent letters to my previous address so they told me that's why it's been passed onto Advantis.    Today DWP told me that the only thing they can do is take payment in full, or deal with Advantis to come up with a payment plan.    I spoke to Advantis who asked me to pay in full or in two installments, I refused and they then said they've put my account on hold for 30 days whilst I go away and work out my monthly income etc so they can go through an affordability assessment to work out how much I can pay back and how often.      What shall I do? DWP tell me there's nothing they can do as it's been passed onto Advantis.    Advantis tell me they are working on behalf of the DWP... Nobody will tell me who owns the debt.     What shall I do?    Thank you all in advance for your amazing help.     
    • Hi, I have just received a pcn from Euro Car Parks saying that my car was in one of their car parks for 13 mins without making a payment. The reason being is that my husband was waiting for me, but where he thought I would only be 5 mins I was longer because of health issues and I had to take a rest. As if this wasn't enough, unbelievably I have just received ANOTHER notice saying I had not paid for a ticket on the 9th of September. I would like to mention the car park charges are so cheap, at £1:20 all day, it would be insane not to pay. We have used this car park only around 4 times and have always paid, excepting th time the car was waiting for 13mins. What a shock I have got receiving these notices. I wonder if I accidentally keyed in my registration incorrectly? Please can someone advise.
    • I also have a similar problem with Advantis for DWP overpayment of carers allowance. I've only just moved into my own house and they've sent a letter asking for my whereabouts and a business matter that needs my urgent attention. I have found out from the DWP and carers that I owe £1,131 and Advantis want me to go through an affordability assessment.    I am not sure who owns the debt, DWP or Advantis and where I stand with this 
    • I've just had this emailed from CarMoney. I'm so confused, I really don't know what I'm supposed to be doing and with whom. "Apologies for the delay in response. I have spoken to Oodle regarding the complaint and unfortunatly, they would require an independent report to be carried out on the vehicle. The burden of proof would lie with yourself.   I can certainly help by giving you the details of Scotia, who is the company that we use."   Everything I've read says that I did the right thing by exercising my rights under the CRA 2015 with the dealer. That was done within the six-months, so the burden of proof should be on the dealer still? Or am I completely wrong??
    • Heard nothing for 6 & half years until last week. A big fat letter from Barclays upholding my PPI claim which had gone to the Ombudsman (news to me) and enclosing all the waffle and finally at the end a cheque for £3659.20 and advising that £454.85 was taxed - this I can reclaim as I don't pay tax currently.
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edinburghbeerbucket

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Hi folks,

 

I've been away from the forums for a while, but keeping up-to-date with the newsletters.

 

I have a credit card with Bank of Scotland. I've had it for several years, and I'm now in a situation where I owe around £2500, and they owe me around £1500 in bank charges (which I have almost won - just waiting for the extract decree) and another dispute which is being handled by the FOS.

 

Things have been extremely tight recently, and the wife and I have been living on supernoodles towards the end of the month! As a result, I've just not been paying the card for about 3 months.

 

I've written to them several times explaining the situation and suggesting that they freeze interest and charges on the account while the bank charges and the other issue are resolved, and then we can come to an arrangement to pay the outstanding balance. I also asked them to stop calling because I live abroad and they keep calling at midnight, 4am, etc.

 

So far they've ignored all the letters, and today I got a default notice through the mail. I know they have received the letters because the last person who called acknowledged receipt of the latest one.

 

What should I do?! I really don't want this to go to a debt collector, and I'm trying to negotiate with the bank, but they don't reply to my letters and for obvious reasons I don't want to talk to them on the phone.

 

Please help!!


edinburghbeerbucket :D

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ebb

 

In response to their default letter send them a CCA request letter N from link below (do it today) and inform them the account is now disputed.

 

Whilst the account is dispute they are not allowed to take any enforcement actions this includes placing a default on your credit record.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Include in the letter a a request for everything to be in writing and stop calling or accepting calls from them. Also include a request for their complaints procedure.

 

After all that just wait the 12 + 2 days and no agreement arrives they have defaulted & you can stop paying them. After + 31 days and no agreement then they have committed a criminal offense and you report them to their local Trading Standards.

 

If an agreement does arrive post it here an ask the guys if its enforceable

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-444.html

 

If they pass it off to a DCA then send them a CCA as well.


I'm not an expert so check everything I tell you, however click me scales if I've been useful.

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Thanks so much for the advice. I'll get onto the CCA request tonight.

 

I have a concern, though. In my last couple of letters to them, have I acknowledged the debt by offering to make make repayments? I don't have the letters to hand (I'm at work - tee hee!) but I remember something along the lines of "I am keen to repay the outstanding balance...".

 

Or, does sending this letter effectively make those previous statements null and void?


edinburghbeerbucket :D

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I'm not sure I understand - what are you trying to achieve here? Surely they are doing you a favour in defaulting/terminating the account, as it probably will go to DCA who is more likely to accept a reduced payment offer - thereby making your situation more bearable.

 

Denying the debt exists isn't really an option as you've being paying the account for some time.

 

While conar686's advice might work, I would advise against it unless you have a legitimate concern over the account such as no CCA agreement, etc. Using this to prevent the account being defaulted may backfire on you later, IMHO.

 

Disputing an account because you have concerns over it's enforceability is one thing, but disputing it as a means to prevent collection is another!


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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I'm not sure I understand - what are you trying to achieve here?

 

Ideally, I want them to stop applying interest and late fees to the account and freeze it.

 

I want it to stay like this until such time as my disputes with them have been settled.

 

Then, when we have agreed on the outstanding balance, I want to start paying it back at an affordable rate.


edinburghbeerbucket :D

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The agreement you have with them (or terms in another document that is referred to in the agreement) will allow them to do this though - what you're asking them to do is at their discretion, so if they won't, they won't and you can't make them.

 

The only thing you can do is exactly what you have - tell them about your situation, the reasons it's come around (include the fact you think their charges are part of the problem!) and what you are able to offer comfortably.

 

They don't want to terminate the account, but they don't have to accept reduced payments.

 

If this doesn't work and - depending on your other circumstances - you can't get anywhere with them, you might want to consider involving the CCCS/Citizens Advice Bureau who can help you manage your debt or involve you in a Debt Management Program. (DMP) These shouldn't be entered in to lightly, but at least if the CCCS/CAB are involved they may be more inclined to accept. (I know Barclays can decide not to accept any version of Income/Expense without these being confirmed by such a third party)

 

Your disputes are a separate issue to the account collection, though - they aren't dependant one on another neither. You owe the money, they are entitled to default/terminate and sell the debt on - the fact you're querying it will prevent collection, but bear in mind you may not be entitled to those charges/fees back as you might not win, (unlikely, but anything is possible!) so don't rely on it.


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks for your honest advice, Car.

 

The frustrating thing is, if the bank gave me this breathing space they'd eventually get back the whole balance instead of selling it to a DCA for 30p in the pound or something!

 

As it stands, it's actually far more beneficial to me to let the account default and go to a DCA, negotiate a 40% settlement with them, then wait for my bank charges (etc) to come back to me and pay it off with that!


edinburghbeerbucket :D

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If you are defaulted (have a default registered on your credit file - they may "default" your account, but not record it!) you need to challenge this in your claim for charges.

 

If you can show - as you can - that the majority of the balance is made up of charges that are proven illegal, you can ask the Court to make an order under S.14 of the Data Protection Act 1998 to have the default removed, if BOS won't agree. (You may need advise from others on this, as you're probably governed by Scottish Law, though)

 

If they settle with you, make sure it's conditional on complete removal of the default not just marking it as satisfied/settled. (A satisfied default will still adversely effect your credit rating)


Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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