multiple letters and texts and emails. I have asked them not to, also warned them re harassment and have paid the account off

A formal complaint to the MD or equivalent at 1st Stop, quoting that you have already stated no further contact sholed be made.##Qoute the 2014 Appeal Court Judgement in Roberts - v -BOS.

I'm sure the OP would value your advice on which cases s/he might include in their bundle. And where they can get them.

 

Personally, I'm not persuaded that District Judges are so familiar with Parking Eye's practices (including selective quoting of other cases) that including transcripts of other cases isn't helpful. But I am sure there are differing opinions on this. I think the guides produced by the Prankster and those on the MSE forum are quite helpful.

 

Good luck to the OP!

County Court District Judges decisions do not make case law, it is of no use quoting such cases in defence.

Received email from a friend stating that a DCA tried calling to my old address and they were provided with my new address and believe it or not - I am I am an ex pat 8,000 miles away from my homeland in South East Asia - I get another letter from Past Due concerning this BT Bill, but, this does not have may, or could it has WILL take you to court,

 

What a laugh, they want to take me to court, they are welcome to but they will have to do so though a court nearest to me. Cant see them sending a representative to the court in ... ..... and cant even consider that they will get anywhere as a Lawyer friend says ... Not one Lawyer or Judge in ..... ..... will even consider action should it be taken as they are not experts in English Law.

 

As I am now retired, married with four step children and living on a private pension they would have a problem squeezing 1 Peso out of me anyway and as I own nothing they will get nothing.[/quote

 

 

I doubt you will here anymore from Pastdue now it acts on behalf of service providers in the Utilities Industry, all it can do is recommend action to its client.

Ok I will do thanks for your help it's much appreciated, I'm just I bit confused as they have sent a copy of agreement even thought it just looks like a copy of a standard agreement letter with the terms and conditions on it but it has no signature on it, its left blank?

Do I need to add anything other than failed to comply to the letter e.g do not acknowledge the debt?

 

mw

If what you have received is intended to be a " reconstituted" agreement it must have :

Your name and address as at the inception of the agreement.

The original creditors name and address as at inception.

ALL the Ts& Cs : Those at inception and closure of the account.

Any material amendments made to the Ts & Cs made during the life of the agreement.

Any other documents mentioned in the agreement.#

A current statement of the account.

NO signature is required.

Unless All the data is included the alleged "recon" does not satisfy the CCA request, nor will be sufficient to enforce the debt via the court.

These requirements are laid down in case law.

The creditor/DCA cannot just send anything they see fit.

No just my husbands , just to update my parents paid the arrears for us but just wondering if there's anything I can do to officially inform the courts that there's a vulnerable person here ( not that I plan to be in this position again)

You have said I think you can pay the required payments + £100 if you state that you will take responsibility for making the payments In the future and show the judge the medical records of husband and son the judge may decide to suspend the order under strict conditions.

I had all the usual rubbish with them back in early 2007. I did a SAR then and they did send me statements but no CCA. when the account was sold to Arrow in March 2007 and defaulted in April 2007 I wrote to Arrow to tell them that MBNA had failed to supply CCA I heard nothing until January 2008 when Marlin wrote to me to say that they had requested a copy of the CCA from Arrow but it had not been received. I did not respond to this letter and this default has come off my credit file. I am just in the process of completing the questionnaire to send off. Thanx

There never has been an obligation to supply a CCA with a SAR, nor is there now. CCA 1974 sect 77/78/79 provide for this.

If no CCA has been produced then the debt is unenforceable via the courts.

Once off your CRA files it can never come back.

So they can do no more than huff n puff

No urban myth.

Many years ago (certainly in the late 50s and 60s) a period of some days grace (7 or 14, I forget) was allowed during which one could use the vehicle on the road PROVIDED the duty was paid before the grace period expired.

 

I fully agree with your last two sentences.

7 days and the licence dated from the 1st Day of the current month.

Hi everyone:wave: just wondering if anyone could help out as i am a bit confused. Just tackling my MBNA have got the statements and the default notice from back in 2007 however I have noticed that the default notice and all the DCA letters show a different account number to the statements I have. I remember an original card was taken out with Monument with a payment break plan included but I think I have read somewhere that they were bought out by MBNA. I am just confused as to who I should claim against so any advice or information would be appreciated. Thanx

I believe that the account numbers were change when MBNA acquired the Monument brand.

Have you sent a SAR to MBNA?

No. I requested it with the

 

 

 

 

Lloyds have pulled a fast one here saying " here's the statements you asked for" and taking the stat fee for that.

Even though a deal of time has passed this should be challenged with the Data Controller of Lloyds.

Sent "FORMAL COMPLAINT" as above and have just received confirmation that all paid up and account now closed!

Thanks

t

Good result.

i sent the cca on 8th october which i have a signed for receipt on 10th october how long do i have to wait before i take the next step and what is the correct next step to take. I have heard nothing so far which is pretty much what i was expecting. Thanks in advance for your help

The time scale for a CCA request is 12+2 Working Days from the date on the request.

If they have not complied then it may indicate no CCA exists, without the CCA enforcement via the courts cannot take place.

Was a full SAR ever done?

 

ok thank you I will do that but do you think it might be too late as they are already taking the money out.

 

I would "hope" due consideration would be given to your financial hardship and your sons situation, by either reducing the deductions or delaying collection completely, a game of wait and see unfortunately.

Hello Comrade. Is that how you spell Comrade, is it?

 

Thanks for reading my thread and thanks for your reply.

 

This has been a long battle now so, I just got in touch again with the FOS.

 

There is something that I didn't realise until today. Lloyds never inform me that the account will go into Default nor sent me a Default Notice, which at this point the Default in the Credit File is a bit illegal, is that correct? More than that they entered the information twice. So my Credit File shows that I had two account with Lloyds both for the same amount and both in Default at the same date, instead of one.

If no default notice was received the default could be Unlawful (civil matter not criminal).

The process of reporting accounts to credit files has changed, instead of the original creditor removing its entry when a debt is sold it marked settled/satisfied then the debt purchaser enters their details on the files so the progress/conduct of the account fully.

However the Default date can never be changed it must always be that placed by the OC.

Also Default Notices are not routinely archived as hard copy and all a creditor does is note that a DN was sent on specific date.

Is there no mention of a DN being sent within the SAR data?

I'm not 100% sure as it was my husband who was supposed to have dealt with it ., but I do believe that an IE was done for the Council Tax but I don't remember one for the HMRC

Ok that I&E would be a "joint" assessment perhaps it would be a good idea to do a "personal" statement showing your current financial hardship.

The Council Tax debt is being taken by 2 attachment of earnings from my wages and the Tax Credits overpayment is going to be taken by reducing my payments.

Either way it will be leaving me in absolute financial hardship.Am relying on family help to feed the children as it is.

Have you at anytime provided an Income and Expenditure breakdown to the council or HMRC?

For clarification please: What are they doing that amounts to harassment?

Multiple phone calls and or texts and e-mails?

BankFodder & dx100uk , Thank you for the quick response.

 

I have already spoken with Action Fraud. I have a case number from my local police.

 

I am off to Maplins to buy a telephone call recorder today.

 

Nick

Have you checked Equifax and Call Credit for any transactions?

Hi guys,

 

I had a debt from a BT internet contract where I lost my job and couldnt pay it.

 

It amounted to about £300

 

A debt collection agency got in touch so I offered them £100 as a full settlement.

 

They agreed and I paid, but when I asked them when they will update my credit file as paid they said the following

 

"n response to your recent email, sorry we do not deal with credit files as we are a collections company. Any information regarding this should be made to either Equifax, Experian or similar.

 

With kind regards CDUK."

 

Any ideas?

Yes you must contact the Data Controller at the original creditors head office.

The account should be marked " partially satisfied.

Did you get agreement with CDUK that the remaining balance will not be chased in the future?

You can place a notice of correction on all the CRA files.

I heard that some these credit check places can sell your details to debt collectors? Is this true? I don't want to keep checking my credit with different companies if this it is.

 

Thanks P

When a debt purchaser acquires a debt they have to update the files held by the CRAs.

A credit agreement will have a clause contained within it allowing the creditor to share your data with any third party, this includes the credit reference agencies, which can then access and update your records.

The fact you check the files is not seen by anyone but you.

Hi

 

 

Moorcroft are insisting that i owe £370 as thats what EE are telling them.

 

 

However they are also insiting that they dont have to provide a CCA etc as it was a mobile.

 

 

Theyre getting really nasty now.

 

 

Its marked on my credit file as original amount of £144, that was defaulted and then settled.

 

 

Obviously Moorcroft have bought it but

 

 

how can i prove what the amount was etc.

 

 

They say i have paid them £105 and they want another £370.

 

 

I want rid of them they are horrible

 

 

Please help[/quote

 

 

There is no Consumer Credit Act Regulated Agreement for a mobile phone it is a Service Contract not a credit agreement.

 

 

You must insist on a break down of how this amount has risen.

I hope that I have posted this on the correct thread ? Apologies if I haven't.

This is quite a long one so I will try and condense as much as possible.

 

Alcoholic Husband left a year leaving behind myself and two teenage children. New partner from the start. He was on ESA when he left new partner working. He hasn't engaged in any of the divorce proceedings so had to get him served. It seems that he and his partner are working as relief pub managers so are moving around. He lies to the benefit office and to the CSA.

I work three jobs but am on a very low income. Suddenly the last few weeks I am now being chased solely for joint debts (Council Tax arrears, Tax credit overpayments and Water arrears ) as they have no idea where he is.

I accept that I am liable for half of the debt but how is it that he can walk away leaving these debts and not provide even for his own children ?

Is there anyway I can reduce the payments or have my half written off due to financial hardship? At present I have more outgoings than income and am just waiting for the next debt to arrive

Water arrears are no longer a "priority debt" the council tax and HMRC debts need to be addressed first, has the Tax Credit Debt been handed to HMRC debt management? Is this an overpayment?

The Council Tax : Have Liability Orders Been Made? If so how long ago?

Hi Brig,

Just checked my CRA file. The only emtries from Lowell are DF for Aug & Sept 2014. The original DN date is April 2009, not long now.

The Lowell dates are just the updates on the files I hope, the only default date must be Capones original one.

Yes it has been issued from Northampton via MCOL

 

I will request it anyway.

 

When is it best to submit a defence?

Have you acknowledged service of the claim?

If not do so asap and state you are defending all of the claim.

The OFT is no more just the FCA now.