Jump to content

Stigman

Registered Users

Change your profile picture
  • Posts

    1,267
  • Joined

  • Last visited

  • Days Won

    7

Everything posted by Stigman

  1. Hi Monx, First of all well done for not going through the security questions, 2nd, big slap on the wrist for ringing them! Wait for a letter with more information and go from there, check your credit file incase they have slipped a default on and finally, if Ruthbridge ring, refuse to answer the security questions just like you did previously and hang up. I recently had a Activ Kapital letter for an old Barclaycard from approx 1999 so just relax and see what comes in the post. Stigman
  2. I'm Jealous though, I only get letters from Moorcroft with Pre-School Division on them, yet to have a Home Collections Division letter. In all seriousness, if anyone does turn up, tell them to get off of your property or you will call the police, they have no right to ask you for money. Stigman
  3. Hi Twinkle, DLC think they are a law, just ignore. If DLC have added on another default, you need to contact the credit reference agencies and have this removed, you cannot be defaulted twice and the default must be registered within 6 months of the agreement going into default. Stigman
  4. Hi T, You need to take a trip down to your local Court and go to reception and ask for form N244, this is so that the judgement can be set aside and the CCJ withdrawn as you were not in a position to defend yourself and the CCJ went through as uncontested. Think the cost is about £75, not sure but you may get help with court costs by filling out form EX10A. Once you receive a Court date, turn up and just tell the judge the truth. Best Wishes Stigman
  5. Hi, HSBC done to me what Lloyds did to my wife, they placed the loan into our bank account then farmed it out to a DCA so you need to check this. The DCA is claiming it is for a current account and exempt from the CCA 1974, I know otherwise. You need to check this via your statements from the bank or send HSBC a SAR request, will cost you £10, but send a postal order not a cheque from the bank account you use now. HSBC have to supply the SAR within 40 calender days. That way you will know where the money has gone and what Rockwell is claiming for. In the meantime, send Rockwell a letter as advised dropping the payments to £1 a month. If Rockwell refuse, pay them the £1 anyway, if they ring, refuse to go through security questions and say in writing only, start keeping a letter trail and put everything into a folder. Best Wishes Stigman
  6. Mr worried, This is an option but do not forget that misleading or false information on Government forms if found out is a serious hot poker up your bum lol, so take the rest as you see fit, I AM NOT suggesting you break the law and I should also say nor do I condone it! If you own your own home, easiest way is to lie lol. Go to the website as above (http://www.direct.gov.uk/en/Motoring/OwningAVehicle/AdviceOnKeepingYourVehicle/DG_4022067) Fill in form V888, enclose a postal order for £2.50. If you own your own property, state the reason as "unauthorised parking on private land – to trace the keeper who obstructs access, contravene parking restrictions and trespasses on my private land". Just say he continually parks accross your driveway. The DVLA is like any Government agency, will sell their mother for a few quid as Channel 4 Dispatches proved when they ordered their information on their own cars off of DVLA. Best Wishes Stigman
  7. Hi Chris, If AIC are sending your address addressed to The Occupier, then AIC could be on a phishing trip. Report them to OFT and send a copy of the letter as this breaches OFT Debt Collection Guidelines. Under no circumstances ring them, if AIC happen to ring you, refuse to answer the security questions and say in wiriting only and hang up, as above, ignore the letter but keep it for future reference. Best Wishes Stigman
  8. Mr Worried, Send the letter has Cerber gave the link for post #3. I sent the exact same letter when Newmans tried it on after the account was passed on from DLC and have heard nothing since. Best Wishes Stigman
  9. Just Ignore them, I recently got a letter through about my old Barclaycard debt and the last payment I made was in 1999 just before I moved abroad for 7 years. Stigman
  10. As above, when the time scale is up, send in the in-dispute letter, it's not your job to do ARC's and they know it. If ARC ring, refuse to answer all security questions, if they write, ignore but file paperwork away incase you need it for the future. Stigman
  11. Hi Shadowdog, If you have paid nothing into the account for over 6yrs (5yrs if you live in Scotland), then the debt that my old friends DLC are chasing is Statute Barred. Send the statute barred letter copied and pasted below - print your name only, do not sign. Once posted, just ignore DLC, Hillesdens Securities are the same office as DLC, do not ring, if DLC rings you refuse to answer all security questions and say "in writing only please" and hang up. Do not worry about any doorstep visits, they are designed to scare you and if anyone does turn up, tell them to leave or you will call the police, they have no powers just like DLC. Best Wishes Stigman ------------------------------------------------------- Dear Sir/Madam Acc/Ref No 4563210025897412 You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that under the limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008 We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully Print your name (DO NOT SIGN)
  12. Hi Teejay, Bulk standard Moorcraft rubbish, but the most important part is the discount offer, DCA's are very greedy and get as much has they can so this proves that a problem exists. Send Moorcroft the letter copied and pasted below telling them that the account is in-dispute, do not sign, use 2nd class postage and get a proof of posting (thanks to Bazooka Boo for that bit about the postage that I wasn't aware of). Take care Stigman ---------------------------------------------------------------- Re:- Account/Reference Number: Dear Sir/Madam, I am in receipt of your letter dated INSERT DATE. This account is in dispute with INSERT NAME OF ORIGINAL CREDITOR OR DEBT COLLECTION AGENCY. Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's Debt Collection Guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My previous dispute from INSERT DATE OF ORIGINAL DISPUTE LETTER has NOT been answered. As INSERT NAME OF ORIGINAL CREDITOR OR DEBT COLLECTION AGENCY are now in default of my Consumer Credit Act agreement request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to INSERT NAME OF ORIGINAL CREDITOR OR DEBT COLLECTION AGENCY for resolution of these defaults and breaches, as INSERT NAME OF NEW DEBT COLLECTION AGENCY cannot lawfully pursue any enforcement activities. If INSERT NAME OF NEW DEBT COLLECTION AGENCY chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours Faithfully Print Your Name (DO NOT SIGN)
  13. Just my opinion but I would not divulge too much information, keep it for a later date. Remind them that the account remains in dispute. Stigman
  14. Agreement looks all there but I do not see a 14 day cooling off, if it was me I would still remind them that the account remains in dispute until they comply. Stigman
  15. How long to the 6yrs (5yrs if in scotland) statute barred time? Stigman
  16. Lowells have no legal powers, tell them to get off your property or you will call the police. To be honest, it is a scare threat so you can ring a (leave blank so dont get cagbotted) and then they can bully you into a payment with lies and intimidation. Stigman
  17. You may also in the mean time receive letters from Red Debt Collection or Hamptons Legal, Same Company, same printer - just do as advised above with the CCA request. Stigman
  18. The only way you can get it showing satisfied is to offer a full and final settlement, start at 5% and work upwards. MAKE sure though that you get it in writing that the debt is marked as satisfied and any remaining balance is written off and not sold on to anyone else, you could also include the removal of the default of your CRA files as part of the F&F. Stigman
  19. Have you paid anything into the account since 2001? If there has been a clear period of 6 yrs (5 yrs if in Scotland) then it is Statute Barred. Statute Barred letter in the Templates section. Best Wishes Stigman
  20. Hi charlieupshark, Is it for a loan or bank account? Be careful with Lloyds, they have a lovely habbit of transferring old credit card / loan debts into your bank account and then selling the bank account on. Best wishes Stigman
  21. Hi Smeagol, Firstly, the threat of home visits are mainly just that - threats to scare and intimidate you into contacting them. If anyone does turn up, tell them to leave or you will call the police, they have no legal powers to collect money from you. Scan in, remove your personal details, loan agreement numbers, barcodes etc. and post up by using the link from photobucket or any online company where you can store files for free. As to the PPI, send in a claim. MuckHall are at the bottom of the food chain, idle threats like all DCA's. Best Wishes Stigman
  22. I Sent SRJ a CCA request for my overdraft, when they told me that a CCA request does not apply, I sent them the in-dispute letter with a covering letter telling them that overdrafts (in my opinion) are covered as a running agreement under sections 8 & 10 of the 1974 CCA. Stigman
  23. Just the usual threatogram, but it was the same he sent to me and mrs stig about my hsbc loan and my wifes lloyds loan (which lloyds placed into her current account) Thank you Alfwithhair, I'll do a letter telling Freds that it is a loan covered by the CCA and place it into dispute. Really appreciated for your help Stigman
  24. Hi Alf, The DCA is Fredricksons, The CCA request was sent because Bryon Carter sent his usual threatogram, he has already tried to take me and my wife to court and we he withdrew each time, but these were easy CCA accounts, this is a different ball game. Can easily string them along, just need someone who can give me a headsup on the direction to take. Thanks Stigman
  25. Has anyone got ideas on my next move please? In-dispute letter with a covering letter explaining that the debt originated from a loan? Thanks Stigman
×
×
  • Create New...