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clayts

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Everything posted by clayts

  1. 12 + 2 now passed, so default sent to them by recorded today
  2. Typically, I cannot find it, but it definitely went ahead (I didn't bother going)
  3. Actually, I think the bailiffs need an enforceable Court Order issued by a Magistrates Court, do they not ? My Council took me to Court a while back (they were right, I paid nothing one year) and possess a Court Order which enabled them to appoint a baliff should I renege on the payment agreement I had with them, post-hearing. I didn't renege (although I haven't actually ever paid the £10 court costs they slapped on the bill), so it never came to it. It may be worth checking what the legal position here is - I don't think they have the right to collect goods if there is no enforceable Court Order allowing them to do so. I'll try to dig my Court order out...
  4. Well, that was easy.... Now to go through the same procedure again with Boxclever direct...
  5. Not without a Court Order they cannot - I assume there is no County Court Judgement outstanding on this debt ? I'll let one of the more experienced CAG-ers comment, but my bet is the advice is to contact the Office of Fair Trading, and to also ask Fred to supply a Consumer Credit Agreement - pound to a penny they cannot produce a valid one, in which case the debt may be completely enforceable. These sort of tactics are common, I'm afraid, but advise your pal it's all hot air - they have blatantly lied to him in breach of the OFT guidelines in how to deal with debtors.
  6. Also subscribed with great interest - should be an interesting one, this
  7. Don't, whatever you do, be tempted to telephone them. The golden rule on CAG is never telephone DCAs
  8. Aktiv Kapital use this trick too - they sent me notices about Barclaycard informing me they had bought the debt, with attached letters supposedly from Barclaycard, dated 31 Dec 08 advising that they had sold the debts to Aktiv in July 08. The thing is Barclaycard were still writing to me about the debts in October 2008, when Mercers (their in house team) wrote to me then telling me the debt was going to be sold. If you're going to forge documents from Barclaycard, at least make the dates right...
  9. Hear hear on that - I didn't think there'd ever be a time where I actually positively look forward to the postie delivering another load of inane jibber-jabber from DCAs
  10. You may find this PDF useful in trying to find a basic bank account
  11. I think someone needs to point out that there is a clear breach of the Trades Description Act (from the Debt Collection file) Thanks for the link - some interesting reading there
  12. I concur with the comments above - I was with CCCS but they had to drop me like a hot potato when my available income dropped to below £40 per month to pay off all the creditors (due to unemployment/sickness). Like many on here, I simply maintained the same level of payments with the creditors (well, those who bothered to write to me anyway !), until recently I have started challenging them. Indeed, since the CCCS agreement dropped, three debts are no longer repaid as I assume the creditors have given up (MBNA, Barclayloan, Goldfish), so I'm actually better off than I would have been under CCCS
  13. And for the account in dispute this one, assuming they have had the 12 + 2 working days to respond to your original request
  14. Sorry, didn't answer the question - I suggest you write to Mercers, pretend you are ignorant of the fact they are Barclaycard's in-house firm, and tell them the account is in dispute with Barclaycard. In fact I'd probably suggest that you should go the whole hog and send the 'bemused' letter, for a real 'belt and braces' job. However, probably better to wait for someone with a bit more experience than me...
  15. I'm going in - your story has given me ultra-confidence to claim back my charges from these muppets I'll start a new thread once I've sent the prelim
  16. Mercers are Barclaycard's in-house legal firm
  17. Thanks for the heads up - should be interesting. Lewis is normally quite tenacious.
  18. Thanks for the guidance I'll keep you posted, but I'm not holding my breath on this one
  19. Two Barclaycard accounts. I sent a CCA request on 25 Apr 09 and had this reply (one letter per account) : As the clock is still ticking, is there any need for me to respond at this stage and just wait for them to default, or should I acknowledge their letters and remind them of the timescale ? Your thoughts would be appreciated
  20. I was in the same position as you (although owed £322, due to a 6 month bill) and received the threatogram re warrants. I wrote to them offering £40 per month - after 2 weeks they replied, rejecting the offer saying that as I was using £39 per month, they could not accept it. I rang up about the social tariff (Npower don't operate a fund as far as I am aware - see - npower for details of First Step) but did not qualify. The main criteria relates to fuel poverty essentially : source : Fuel Poverty - BERR They will also consider serious illnesses. I was at 9% so could not qualify. Alternatively there is also Fuel Direct, where money is taken from your benefit, but it sounds like if your OH is going back to work that won't be an option. The number the Warm response team gave me to ring was actually the normal npower Customer service team, but after about 15 minutes of haggling and negotiations (done with humour and honesty as opposed to ranting and raving), they did offer me an 18 month plan of £57 per month (as opposed to the suggested amount of £105 per month in their letter), but as I cannot even afford that, I have agreed to go down the prepayment meter route. It's not half as bad as I thought - I have to send them a letter confirming my Incapacity Benefit entitlement, and this effectively means the most they can take each week for the arrearis £3.05. There is a standing charge of 7p per day, which they charge weekly. Then you simply pay for what you use. It's far better to arrange the prepayment meter with them, rather than them having to 'force entry', as they won't charge you for this if you arranged it before the event (ie being charged for disconnection and reconnection). They've already sent me the card, but the meter won't get installed until 2 June (to give me time to send in my letter, and to see if I can magically produce the arrears). The card comes with a handy leaflet which explains it all clearly. My suggestion is get on the phone to them and see if they would consider a longer term repayment plan, particularly in view of the fact your OH is returning to work. They may be more sympathetic if you take the time to talk it through with them. Ultimately prepayment meters are more expensive. However, I have taken the rational view that it's probably the only way I can ever clear the arrears, unless I get a job. They have said that if I clear the arrears I can apply to have a credit meter reinstalled. Give them a ring, I say - you've nothing to lose and heck, they may even surprise you.
  21. There is indeed a handle I have to crank to start it up..... they don't build white goods like that anymore (it's an old Whirlpool AWM1866 with optional mangle attachment). Thanks cerberusalert, I'll bang off a CCA request. I can't see Fred getting too silly about this one seeing as they probably bought the debt off Boxclever for a bob-shilling or less
  22. It'll actually be a very old Radio Rentals agreement, as I have had this old crate of a washer (which still works) for about 10 years. Chances of them having said agreement must be virtually nil, I'd reckon.... Bizarrely, in my stack of papers is a Radio Rentals agreement from about the 1800s, signed by the tenants who lived in the house prior to me, so I guess I must have opened a new agreement (or the previous tenant agreed to pass the agreement over to me). It does state it's a CCA agreement. Do folks think I should just send the standard CCA request, as per credit cards/bank loans to Fred and see what they do ?
  23. My records indicate Aktiv Capital First Investment Limited bought my debts from Barclaycard in Jan 09.
  24. I owe Boxclever (formerly Radio Rentals) £90.50, which comprises charges of £23 (three 'admin letters'), rental arrears of £57.50 and a final charge of £10.00 so I can keep this ancient waching machine. The matter has been passed to Fredrikson International who have sent a couple of threatograms. My question is this - is an appliance rental agreement covered by the CCA ? Would I be within my rights to request sight of the original agreement ? Thanks for any help anyone can give me here
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