Hey Guys I'm really sorry I'm not getting notifications of when people answer my postings, I'll try now Cas

Mine too But back to business............PPI on car loan being investigated but this thing about admin charges??? I took a loan out with a now defunct yes car and they added admin fees. So I'm guessing thats a NO NO. But with the section 31.thingy, is that applicable to all financial agreements? (note to self get your info to hand before posting) I got hit for broker fees, admin fees and this was on a hire agreement. anyone? Cas

Update time; I have gone down the Rules for Rent 1988 route. Basically the Rules for rent rules 1988 states that if a certifictaed bailiff levies against a debtors property he must leave a form 7 with an inventory showing all goods seized, along with information showing how the costs were incurred and proving the costs were true. I have heard back from the court and have until the 31st july to prove the bailiff has charged me fictious levy fees, this I can do. The bailiff then has until the 14 august to prove these chrges were correct, as I have never met the guy I'll be interested to see what he has listed. The bailiff did write to me and cite a satelite dish and a car that was parked adjacent to my property ( which happened to be my neighbours grandson visiting her) and they would check with the DVLA and get back to me, Yea right still waiting!!!!!!!!! I was a bit concerned that the court wouldn't take me seriously but the Judge seems to be taking note, so don't lose heart, I think the bailiffs have got a tadge too greedy and people are beginning to listen. Will update when I ahve heard back from court. Cas

Hi Flyboy A bit of an obvious question but did you do a SAR? I got hit with a PPI for car finance and when I got the info back it clearly stated what the commision was and who got it. £400 somebody made out of me that day, get 10 customers a day and happy days!!!!!!!!!!!

I think no-one replied to your post because they didn't understand what you were asking. He! He! most days I don't understand what I'm saying!!! Here goes...........The creditor cited terms under the CCA 1974, (default), but when I tried to cite terms under the CCA 1974 I was told this contract was not covered by the CCA 1974, and I had no rights, also one term on the contract stated that they could add interest at 2% per month, yet the term that stated I would be given a 4% per month rebate, for the remaining term, was omitted. Also I had a claims company check out my contract and they said that because it was hand written, and other discrepancies (wouldn't elaborate till I coughed up £400) so I'm guessing that this was not "pre-described terms" so I wonder if that would make it unenforcable. Cas

"so it was a forthwith order then? (pay up the lot now?)" That is what the original judgement said, 28 days to pay £5k then they went for charging order.

ok even sillier question.................CMC???? whats a cmc? Cas

HELLOOOOOOOOOOOOOOO

oh! whats public access? And the point of the court ordering payments, they didn't. The claimant said that the £50 pm I offered wouldn't have covered the interest which stood at £145.00 per month and rising. I won't quit and now they have changed tactics I'm wondering where else to go, I'd like to know if the DCA is a sister company to the creditors, or if the creditors have sold the debt, I'm hoping its the latter. the DCA claims to be licensed so if they are a sister company wouldn't their license number be the same? Cas

Hey Diddy thats my point the Judge actually said " Well Mrs Blah Blah, if I grant them the second charge they will go away and leave you alone, and you won't have to worry about finding £50 per month or any money, they will wait until the house is sold". And lo and behold 10 days later they are demanding the full amount. The clause in the contract states that they can charge 2% per month, before, during and after judgement. From june 08 it has risen from 7,450 ish to nearly £9k. Now I have had the contract checked by a claims company ( I know people are going to say I could do that myself, but TBH these people talk the talk where as I gabble) and they say there are terms that are unenforcable, but for their time its gonna cost, although to be fair they do say no win no fee. casbah

Thanks Diddy. My problem is that if I owe anything its £300, but they have stitched me up. I think they have deliberately cooked the books, so that the debt was over £5k, basically what happened; machinery bought on hp for small business, defaulted, default served, machinery repossessed and sold, but balance from sale was not deducted for 5 months, interest added at 2% per month ( as per term in agreement) pushed it just over the £5k. Now the £5k was made up of a term that stated they could claim all the months outstanding as if the agreement ran its full course. There was also a term that stated they would give me a 4% discount for each of these months and guess what? they forgot to admit that to the court and so it went for full amount. Now this agreement was arranged by the supplier who used a broker, and his fees were added onto the balance. Brown smelly stuff really hit the fan they secured charging order against my property by telling judge they wanted no money and would wait till house sold regardless of how long that would be, judge gave charging order,10 days later got letter from creditors sols asking for full amount, six months later got another letter saying pay up or force of sale, I got a transcript of the court hearing and pointed out what their representative had told judge, and lo and behold DCA turned up at my dooe yesterday. I have approached a company that assess agreements and see if they are enforcable ( I know I shouldn't have done that but they talk the talk whereas I just mutter ) They have told me the primary check has thrown up numerous points that are not enforceable) So until I win the lottery or something I can fight this as solicitors have told me that because it was a business debt I can't get legal aid and I have no money. The agreement is an off the shelf type and I spoke to the company that produced it and they say it is covered by the CCA 1974 so I should be able to get assistance. But it ain't happening Ho Hum Cas

99% of what you have all said has gone straight over my head!!!! So............can you tell me if a creditor cites certain parts of an agreement covered by the CCA1974, that favours them, and omits the parts that favour me, do I have any grounds for saying this agreement is unenforcable? and if I do what can I do about it?

oooooooooooh now i'm sitting up and listening (reading) Do you estimate that a debt can be sold for as little as 10%?

Slightly shifting direction here..............how do DCAs get the debt? Sorry to be a bit thick but i need it in laymans terms. If a creditor has a debt collection dept and license how do you find out if a dca is a sister company and that sister company is the dca that has called at your house?

Happy I have posted on other threads but a quick back ground............. Bailiff claims to have called, charged me levy fees and enforcement ( van fees) 5 times. I have asked for an explanation via SAR data protection and freedom of information act. All they send me back is, the amount the fees are, are correct. So now I have lodged a form 4 with the court and they have said they will look at all the paperwork and see if he has commited an offence. I found out my info on the Ministry of Justice web site and even supplied the court with copies of the e mails I received from the M of J and now just waiting to see. I really feel this would be sorted if we complained en masse. Cas

So why would a bailiff go to another court to re-new his certifiate or can they have multiples, to cover more areas? Cas

Does one actually exist???? I know there are for accidents and bank charges but for litigation cases??? I know I could win my court case, but can't word it correctly so the Judge won't consider it. And boy!!! am I in the stum

Lelly did it say it wa covered by the consumer credit act 1974?

This is what I am saying, I have lodged a Form 4 citing non compliance of rule 12 section 2 of the Distress for Rent Rules 1988. But it seems that don't mean diddly squat to the courts. I have also spoken to a local bailiff and told him what had happened and he told me how to word the complaint, and the term used when bailiffs apply ficticious fees is " constructive distraint" it will just be my luck the judge has never heard of it.

Has your partner got the log book? I believe if he has and they try to take it then they are commiting theft, I also believe they have 14 days to contact DVLA to confirm correct ownership, I wonder if this is the only thing listed on the levy and ownership is proved, then levy fees/walking possession invalid???

Now I may be a doubting thomasina here,BUT in my experience it is harder to get anyone to sit up and take notice. I have asked for information regarding "fees" using a SAR, Data protection Act and The FOI. All they have sent me is a statment showing the amounts but not ANY other info. So LEVY fees have been applied but no proof he has levied. And it seems the courts are very wary of this, 1 man I spoke to at the court told me he had never dealt with a complaint against a bailiff (he was rather young). So how are we to make them sit up and listen? Complain en masse???

loads to ask 1) if the creditor has stretched the truth a bit how can I get the judge to listen to me? 2) If the creditor has served a default notice can they still charge 2 extra monthly payments? 3) if the creditor has relied on the CCA 1974 section 87(1) then at what point would the contract cease to be covered by the CCA ( when I tried to argue my points under the CCA they claimed it was a commercial contract)?

Hey everyone update time; I lodged a form 4 complaint against the baillifs used by my LA and sat back waiting for the cheque for phantom charges. Yea!!! right!!! The court wrote back to me for clarification as to what I was going to do. (I have a knack of using 20 words when 5 will do) and the court has said that if I intend to pursue a complaint against the bailiff, then the court "will simply adjuicate upon the matter on paper in the first instance having regard to both parties representation ( Rule 8, Distress for Rent Rules 1998)" Now I don't particularly care if he loses his license or not, I just want him bought into line. He has never levied against my property and has charged me 5 times for this. He has never met me so cannot say he has left a Memorandum 7 securing my property against debts. So how do I word the letter to the court???? without using 12 when 4 will do? CAsbah xx

Be a bit wary here Mcnulty, they do have the right to charge visit fees and its hard work trying to prove they haven't visited, but the fees are £24.50 for the first visit and £18.00 for the second,(no other visit fees can be charged and I believe they cannot charge for letters/telephone calls), and these, I'm afraid, you may still be liable for. If I were you I would ask for abreakdown of these fees ( its a bit of a stalling tactic) but hey! only playing their game!!!