Helllo, Keep your chin up Marse

Hi all I am subbing for my last post! Marse

Hi all Just an update and a question! Two down and one to go - it is looking much better and thanks to all of you. OK, some ime ago, I received a letter which had obviously been created to give the impression it was from the original lender, and on telephoming the number in the body of the letter, I ended up altering my repayments. The recipient of that letter was a debt collector who had no legal right to demand or receive money from me. I visited the CAB and they informed me to report the matter to the OFT, but when the CAB saw that I had a series of payment receipts, I was advised to report the matter to the Police. If I go to the Police, what is my complaint? Theft,? Marse

Sub

Hi all. I have had further health issues which have interfered with the progress against the debt collector – but all is well in that respect. Last July, I placed this DCA in dispute over the respective accounts, and this was acknowledged a short tome thereafter. I then found out, on that very same day, they made a search of my credit file which has complicated certain life style matters. From the Caggers, I have been told that if a dispute exists, under the CCA S77/78 the DCA could not communicate with a CRA about the disputed accounts – are we sure this is a fact? Further, as the DCA is not the original lender, when they were assigned the legality of ownership, should they have informed me as such, and asked my permission to transfer the Data Protection rights to them. I was reading “Surlybonds” information about this matter, and he clearly states, The DCA on being assigned the debt from the original lender, would have to write to the debtor and request permission to process my data. That is, I gave permission to the original lender on signing the agreement, but my rights could not be transferred to anyone else without my express permission.” Is this factual or not? Marse

Hi everyone What are the implication(s) to a creditor who does send a vaild default notice -does not terminate the agreement - but obtains a CCJ by default? Marse

Anyone? Marse

Hi Dx Nice to hear from you again: hope you are well. PT 2537 opened a thread on this issue it came under: Multiple agreements falling within section 18 CCA 1974 post 1 This was a discussion that intimated that the loan and the PPI are two separate entities. My thought was, on termination of this agreement, the PPI would have been terminated. So, all future payments would have been for the loan - not the PPI element. I really do not know, DX, I am just looking at all possibilities. Take care Marse

Hi all, It has been suggested that I commence a new thread as the previous one contained multiple Accounts. This quesry relates to a very old Agreement. This issue is very much dated. The subject matter relates to an alleged debt in 1991. This has been resurrected by a DCA. The agreement was for a personal loan that included an element PPI. On the Statement of Account there was provision for the monthly payment for the loan, and for the PPI. The monthly instalment for the Loan was £126 per month, and the monthly PPI was £19.51 On the subsequent Default Notice the amount of arrears included the PPI element, and if I did not repair the breach they would sue for the full amount. The full amount also included the PPI element. Can the original lender include the element of PPI in the arrears for a DN. Can they include the PPI element in their demand for full payment? I believe this DN is dodgy! Could someone advise me. Marse

]Pictures by Marse1863 - Photobucket[/url] This is the Statement of Account. The error is on the 05/02/1992: an unpaid direct debit does not increase the balance it increases the arrears. The Balance shoud read £3018.40 and arrears £548.80. This error the reduces the closing balance by the same amount = £164.13 Marse

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Vjohn I have sent you an email Tom

Edit by marse

Is this OK?

16-02-2010144051.jpg picture by Marse1863 - Photobucket

Hi VJohn This is a trial. The image is the Agreement Tom This is a stupid mistake, ignore please

Hi VJohn I will now prepare a file that involves the car. I will call the Agreement car108. I will upload all documentaion received in the Subject Access Request. The opponents however, have not sent me many of the more crucial documentation. Please bear with me, as this will take some time, I am relatively new to the PhotoBucket process. Thanks again Tom

Hi Vjohn I hang my head under admonishment - sometimes I get too impatient. Before I do as you ask, can I ask one more question? Section 87. Need for Default Notice c) to recover possession of any goods or land, or... On the back of a very, very dodgy default notice the opposition terminated the agreement. They then forced me to sell the car! Under the dodgy default notice can they do that. If they cannot, what opportunities might I have? I hope you are feeling well, Regards Tom

Hi Vjohn I might have hoped for too much! The opposition telephoned me. Whilst accepting the issue of the "Dodgy DN" they have asked me to suggest a value of claim, "if it is a sensible request" we could agree settlement - they said! I asked them to put the conversation in written form, they replied, "We cannot do that as there are two other debts that you owe." So for starters: the dodgy dn is really dodgy and they know it. The arrears figure is inflated by £137.20 and this error inpacted on the other figures in the DN. On the part.."If you do not..." "We may without further reference instruct our solicitors to commence proceedings." Later they terminated the agreement The value of the agreement unpaid was £3018.40 Did they have the right to make me pay this amount? Regards Marse

Hi Missbling, Hold tight! You are in the best place possible. There are some special people here, and I know help is at hand. Chin up! Tom Platts

Hi Vjohn, Thank you so much! I had a "ball" last night and i am still suffering! Self inflicted: 2 bottles of Pinot empty. I wanna take on the World! Let me clear my head, Vjohn, and I want to roll right over them! I will never forget what you accomplished for me. Regards Tom Platts - hey, Vjohn, I am not hiding any more. Listen World, my name is Thomas Anthony Platts and I am a proud man.

Hi to you all, Let me tell you this, over the last 20 years I have lived under the anvil of debt, that anvil was hit by the hammer of the original creditor when I defaulted on a debt; I owed £274 when the OC sent the original default notice. I had never been in debt at any time prior to the 13th September 1993. The original creditor took me to Court by default. As I lived elsewhere, I had no clue at all that original creditor was sending letters to my ex-Wife’s address and ignoring the address that I had provided. I arrived at the Court 3 days after the original creditor obtained Judgment. The district judge who saw me in his room, listened to what I said, and ordered me to repay the debt at £10 per month. I listened to him, and commenced to pay. I continued to pay the £10 per month during September 1993 through July 2009. I paid that money because the original creditor sold the “alleged” debt to a debt collector who told me that I owed £3765.67. Thus, I continued to pay my £10 per month. The first debt collector the sold the “alleged” debt to the second debt collector, who told me that I owed £7543.09: yes, I was naive. I continued to pay the £10 per month. I began to put my life together, and as a senior teacher, life was beginning to improve. Or was it, my Wife divorced me. From nowhere, a letter from the DCA – “You owe this and that, pay up or we will be around!” I found the “Caggers” and opened my heart: I needed help! I had a bit of an issue with “Diddydicky” who I thought was having a go at me – he wasn’t! But what he said to me, gave me the impetus to hit back at these “bar stewards.” For that, “Diddydicky,” thanks. Then I stumbled across our very own, “Vjohn!” At the last count, the opposition started off with one Judgment, and then the score increased to two Judgments. On the 13/08/2009 the number of Judgments had increased to four, with the princely sum of £12 345.67. Vjohn is a man of few words, but those few words are worth a million words. Today, I sent my opponent’s solicitor a letter, two hours later, he replied. One of the Judgments valued at £3869.25 contained an invalid default notice: one of the worst default notices you could imagine. VJohn advised me accordingly. The solicitor wants to discuss “certain issues.” If I step back from the case of the “Dodgy Default Notice” his client “might” be prepared to consider convenient options for both parties. Further, his client is prepared to discontinue the second claim of £4319.89. Well, I am sitting here, very smug and a little inebriated from a few Pinot Grigios – and life feels good. That said, two down and two to go. I do not know what compensation to ask for, and at this moment in time that is the furthest from my mind. Right now, I have a vacant look on my “clock” staring at the “Caggers” Website. Time to be realistic: I do not know my fellow “Caggers” and I can only imagine what you look like. But what I do know is the effect that you “Caggers” have had on the quality of my life – to the detriment of various debt collectors that I know. Whatever compensation I might obtain, a percentage of that I will donate to the “Caggers Web Site, and it is my intention to buy Vjohn a few “tipples”. The largest part of my problem is the next two “alleged” Judgments. I have paid my £10 per month for the last 16 years, and the money I paid was credited to an Account that did not have a Judgment, no Termination Notice, and no visible Notice of Assignment. The other, well, in their case notes they believe it is statute barred: calling Vjohn. Well it is now past midnight and I am feeling great for the first time in years, so thank you so much, “Caggers” you are worth your weight in gold. Sleep tight, for I will. Regards, Marse

Hi Vjohn Could you check your PM's? Regards Tom

Vjohn Could you please check you PM box? Marse

Thanks Vjohn I do appreciate your input, I will keep you posted. Regards Marse