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Dusty_Rug

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Everything posted by Dusty_Rug

  1. Just wrote a lengthy post only for it to disappear when I hit send:| Was just curious about my neighbours BoS. It's a long story but I'm just going to ask about this one thing for now. The lender has emailed her the 'registered' BoS as she requested. This is how it's made up: Pages 1 + 2 - the original BoS as signed by her. Page 3 - set out exactly like this: -------------------------------------------------- In the Supreme Court of England & Wales Central office Bill of Sales Registry IN THE MATTER OF A BILL OF SALE BETWEEN (her name) and AND (two 'ands' here!!) (the lenders name) ------------------------------------------------------------ Page 4 consists of a hand written 4 digit number followed by the court stamp and a 6 digit number stamped to the left of the seal. There is nothing else. The 6 digit number starts with 6 but the rest is unclear so she emailed them and asked them to clarify it - they say the number starts with a 0. And they also say that the 6 digit number is the registration number needed to check with the courts. I'm sure the BoS images that I've seen have numbers with at least 10 digits but I could be wrong. I am positive though that the court document should be more extensive? Could someone tell me if my instinct is right or wrong? Is this document genuine? Thanks, Dusty
  2. Marstons have been silent since I paid the fine online 2 weeks ago, so I'm going to assume that's the last I'll hear from them:D
  3. oh, forgot, also got code of practice, etc from both companies.
  4. Well, I cheated a bit here. I didn't send the letters by post but iinstead emailed the letter recommended by Boo to CCSC and then a similar email with a CCA request added to AK. (Note: no money sent) They went off on the 28th Nov. Result: 30th Nov - email from AK stating not one but two account numbers and asking me to call them to discuss. Sent them a reply sayng that I had no wish to discuss something I was unaware of. 1st Dec - apology from CCSC and assurance that my details are no longer with them and weren't passed on. Today - letter from AK detailing both accounts and how they got hold of them. Stating that as they were not the original creditor in either case, they did not hold the original CCA's but had contacted the originators and been told that 'due to the age of the accounts copy documents are not available'. Final words from AK: '..no firther action was taken and your details were expunged from our system. I can confirm that AK is not processing your data and instructions have been sent to the CRA's to ensure the removal of any incorrect data pertaining to the accounts from your credit file. Please accept our apologies for any inconvenience caused.' A very happy bunny here..with an almost spotless credit file:D (just one thing left to deal with on that but it's 6 years in April so I think I can let that one run its course) Thanks to everyone here, especially Boo x
  5. ok, thanks for that Boo. Both letters just waiting to be mailed now. Thankyou x
  6. Hi again, Boo. AK have indeed put a default marker on my credit file BUT they still haven't been in touch with me directly. What I really want to know is do I send that letter to CCSC as they're the ones who've contacted me and closed their file or do I send it to AK who by all accounts own this supposed debt? And if to CCSC, what do I do when/if I get a full reply? I'm feeling kinda dumb right now and confused by the fact that one DCA is acting on behalf of another DCA - I didn't realise they worked like that, I always thought it went Creditor>DCA>CCJ>Bailiff. {takes a few minutes to infuse brain with oxygen} ok, I'm going to send the letter to CCSC after the weekend and see what the outcome is. Is it wise to also contact AK to see what they have to say about it? Or wait to see if they contact me? I'm sure that, as the marker on my credit file was placed by AK, only they can remove it so I need to say something to them..just not sure what yet..
  7. Hi Diver, No, it's not a store card or credit card debt. I have one cc debt that's coming close to the 6 yr limit which nobody's ever chased me for but which is on my credit file as default. (I think Cabot might chasing me for that but they won't tell me anything cos I won't provide personal details for their 'security checks' - roll on April when it has to come off my file!!) I don't know whether I should contact AK and ask what this debt is or just let it lie quietly and hope they leave me alone..
  8. Thanks BB. I'd be editing that and sending it to CCSC, right? (removing stuff like who is their client cos I know the client is AK) But then what about AK who, so far, haven't been in touch with me about any debt? Do I get in touch with them? Would sending that letter to CCSC stir things up with AK? I've checked my credit file and AK put a default on it 2 years ago but I still have no idea where the debt came from - it says 'Aktiv Kapital' followed by 'bank' but I don't actually know what that means though I'm pretty sure that I don't have a bank debt because I've never had an overdraft or bank loan. I'm keen to send that letter but I need to know what, if any, negative consequence it might have seeing as this seems to be a debt being dealt with by one DCA on behalf of another DCA or would the 2nd letter 'we've closed your file so refer to AK in future' suggest that AK can't prove the debt? I've probably confused everyone now, so I'll just wait and see if anyone can make sense of what I've said so far
  9. One day last week, I had a letter from CCSC saying that they were recovering a debt on behalf of Aktiv Kapital UK Ltd of £230. I didn't know who AK were so I searched and found they buy debt. I have no idea what this debt is. Anyway, I emailed CCSC and told them that I didn't acknowledge the debt, didn't have any contact with AK and, before anything happens I'll be writing in to request the relevant CCA. Today, I got two letters from CCSC. First one says they're contacting AK to fulfill my request (no letter sent yet, and no £1 because I've been busy) and my account is suspended until they've got my CCA and sent it to me. Second letter from CCSC, says they are no longer dealing with my account and any further contact should be made direct to AK (no contact details given). So, CCSC are off my back. Should I expect to hear from AK now?
  10. No quivering wreck here. I know they can't force entry. I know that I won't let them in. I know my kids won't open the door to them. I can sit this one out til after Xmas then deal with it. Odd thing is, I only got a letter last week (14th November, dated 12th November) saying my bill's been revised and I need to pay £22 by............7th November!! I need to get in touch with them but, having just switched jobs from weekly to monthly paid, I've got nothing to give to either the bailiff or the council til Dec 28th so am gonna drag it out just a little bit longer (was a bit stupid switching jobs just before xmas but job wouldn't have been waiting for me in January so had to take it. Means a very frugal xmas for the kids but thankfully they're more understanding than Jacobs et al.) Leeroy - go you! Don't let the buggers grind you down:)
  11. From what I'm getting from QQ, they won't accept a reasonable payment plan, nor will they try to offer their own 'reasonable' one. All emails I get from them just tell me what I owe and say they'll continue with collection procedures, including possibly involving a DCA...that's fine, just wish they'd hurry up and do it!! I can see the sense in them offering you another loan if you pay up right now...they know people have money put by for xmas so they're maybe thinking you'll use it to pay them..apply for another loan to cover xmas..then a big fat NO from them..I dont see them caring if you & your family go penniless over xmas. (just my way of thinking though, maybe its a genuine offer..but that'd make them just plain stupid)
  12. Thanks for that Nintendo. I have no intention of signing away my own property let alone that of an innocent visitor to the street! What does bother me though is that should they take this mans car (which isn't usually parked out here cos he lives a few streets away) I'm ultimately going to get the flack from him AND my financial problems will/may become general knowledge. Have to admit though that I find it laughable that they can try to levy any random vehicle parked on the street on which a debtor lives - even more laughable because my car's almost always parked in front of my house and they've ignored that one (it's safe - on HP agreement). As far as I see it though, I've notified them that the car isn't mine so they really shouldn't try to take it...unless they really are stupid!
  13. ok, back to current issue. Jacobs just hand delivered a letter to my home. I was in. My living room window was open. No knock, just the letter pushed through. Letter says something to the effect of 'we've levied this car (details of car), please sign this form to consent and return it to us' Well, first problem is that there is no car of that description on the street. It certainly isn't mine. BUT I believe it to be owned by a man who lives 3-4 streets away who visited our neighbours over Bonfire night weekend and parked outside my house. I've called their office to inform them that this car is NOT on my street, does not belong to me and that to remove it at anytime from wherever they find it would be theft. There is no mobile number to contact the bailiff, just their head office number. The man I spoke to informs me that yes, they have a record of that car but I need to contact the bailiff concerned to discuss it with him on a mobile number he'll provide me with. I told him no thanks, I won't be making any further calls. This he said is 'refusal to cooperate with the bailiff' and I'm gonna be in trouble. I asked him if by not bothering to knock on my door to speak to me, wasn't that tantamount to the bailiff refusing to cooperate with me but he said no, the bailiff isn't bound to knock and it's up to me to contact him. hmph.
  14. Don't be disheartened Lewis! The ruling yesterday didn't mean that these charges are ok; just means we need to show that the terms of our contracts are unfair, with a bias in favour of the banks.
  15. Are the two 'guarantors' linked with u in any financial way? If so, its possible that MH have spotted them on ur credit reference file and saved them? Just a theory..
  16. Think so No.6 - hope so anyway cos I'm going through that door:p
  17. well i fluffed that up didn't i?? dunno where all the html stuff came from but nvm..u get the gist..
  18. Right, I'm not going to take this lying down. Only got as far as my LBA but now anticipate another long letter full of guff from NW suggesting (maybe) that I drop my claim as a consequence of the SC judgment. Soo..in anticipation...I thought I might just drop them a few lines to let them know that my claim will continue to the courts next week..how's this for starters? In light of the judgment of the Supreme Court on 25th November 2009, I write to confirm that as stated in a letter to yourselves dated 17th November 2009, my claim for the return of unfair/disproportionate charges relating solely to unpaid direct debits on my account with yourselves will continue to the County Courts on 2nd December 2009 should you fail to return such monies to my account. UTCCR Clause 5 (1) states that "A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the consumer." As you are most surely aware, my contract with yourselves was not individually negotiated as you simply provided me with the ‘Terms and Conditions’, in leaflet form, of holding my Step account with you. I was never offered the opportunity to revise those contractual terms contained within that leaflet or to suggest compromise or revision. This caused a significant imbalance in our rights and obligations and thus, I firmly believe, constitutes unfairness as defined in Clause 5(1) and, as such, I will rely on the Courts to order you to return to me the sum of £796 plus interest, court fees and all other costs incurred by myself throughout this claim should you not take immediate steps to resolve my complaint. Furthermore, when such charges have arisen, NatWest have deemed it appropriate to remove monies from my account without notice and without my express consent. Unlike the fudiciary institutions, I would be charged with theft if I were to act in such a manner. (not gonna put that bit in but sorely tempted:P)
  19. Yes, I think they have to collect within 180 days or pass it back to the courts (not 100% certain but if thats the case, their fees disappear then). I don't think, though I could be wrong, that they can get an extension just because you made complaints - I'd be tempted to call the courts payment office and ask them about that because no way the bailiffs are going to tell you.
  20. 'also sorry for taking over your thread like this.' No problem - you do have your own thread though, don't you, so that those in the know see your problem?
  21. Hi again Leeroy Section 52 deals with magistrates' courts fines and non payment, collection, etc but nowhere in there does it say that you can be imprisoned for non-payment of bailiffs fees. The Criminal Procedure Rules 2005 And, though I'm no expert, I think you're right that you can't file a claim for fees which you haven't paid. I don't know the answer to your problem but I'm sure someone here will know..or will know how to find out. All the best x
  22. hi yummy, I really don't know about fixed penalties but I'm sure somebody'll be able to help you:)
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