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mch1991

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Everything posted by mch1991

  1. I would assume that as long as the vehicle is not left in a position by where it's causing an obstruction to both the road and footpath, is left secured (i.e. locked), and isn't leaking fluids all over the place or is in a completely destroyed, unroad worthy state which could be causing a danger to the public, then the police really have no recall to seize the vehicle.
  2. Well, the op's car would have been seized under s.165a of the Road Traffic Act 1988 for using a motor vehicle on a public highway without holding a valid driving license and/or a valid insurance policy covering at least third party risk. It seems the op has stated they've been reported for driving otherwise in accordance of a license, which generally would carry 3 penalty points and a small fine imposed by the court, not a serious offence at all, however the invalid insurance factor is what can make it a more serious offence. I'm assuming the op had a full driving license, which was subsequently lost, and drove whilst on a provisional driving license after reapplying for it after the driving ban was finished. There really is no defence to the above offence, as either you had the correct driving license or you didn't.
  3. http://www.parkingcowboys.co.uk/ http://parking-prankster.blogspot.co.uk/?m=1 plenty of information on these websites in regards to Parking Eye and successful court cases which Parking Eye have been well and truly spanked.
  4. Forget the Ombudsman, Minicredit couldn't care less as to what they think. Send them a letter before action outlining your basis of claim, then give them 28 days to reply with either a dispute or settlement offer. If they fail, then issue proceedings against them at their registered address.
  5. Don't worry about these parasites. They have no legal right to step foot on your premises (tell them to leave if they step foot on your property). A paperboy or milkman has more authority to come onto your property then some silly third party debt collection agency.
  6. As a fellow sufferer of Agoraphobia and severe Anxiety I can sympathize with your position. Luckily, my GP is very supportive and we've found the right combination of medication and support which has really helped me for the past few years. First and foremost, is to take a deep breath, and stop panicking or worrying over "Unsecured Debt". Do not feel ashamed or stupid either, life is life and unfortunately things do go wrong for people. Feeling stressed about a few companies pursuing you for money is nothing to get yourself in a panic over (I speak from previous experience). From your post, it seems you have some debt with JDWilliams, Vanquis and QuickQuid. All of which are unsecured lenders, in other words, until you have a county court judgment against you that is registered and unpaid, there remains absolutely nothing they can do in regards to your property. Debt Collection Agencies rely on the factor of fear to make people pay up, I've never ever paid a Debt Collector in my life and never will. When I fell behind on payments I made reasonable offers to the original creditors in which I stuck to. Unless a Debt Collector actually purchases the debt and you receive valid notice under s.196 of the Law of Property Act 1925 that they have bought the rights, then I would ignore their empty threats. Generally, a company like Vanquis and JDWilliams will apply many charges in light of "missed payments" which they will call an "Administration Fee", these of course, are unenforceable, and I can guarantee that you will have many fees and charges. Ask for a breakdown of all your accounts, this will give you an understanding of what you actually owe. If you can, perhaps make an offer of a monthly payment that you can afford and maintain. This could be as small as £1.00 per creditor per month, you're in charge, not them. Hope this helps somewhat.
  7. Don't worry, they're nothing more than a silly powerless debt collection agency. Debt officer? Haha! Anyone can enquire about someone's residential status through the electoral roll and so forth, why they're making themselves sound like some high and mighty power is beyond me. Debt officer meaning office phone jockey. Personally, if they claim they've purchased the debt, then ask for a notice of assignment under s.196 of the Law of Property Act 1925. Ask for a break down of all fees and charges that have been added. You aren't liable to pay disproportionate fees and charges, only the original among that was originally due. Don't worry about court action, any claim from these morons would be easy to defend against especially as the balance is made up of unenforceable charges. Further more, as they make a solid threat of legal action, remind them of their obligations under the civil procedure rules 1998 and practice direction on pre action conduct.
  8. Why would you accept this? Absolutely ridiculous, by their own admission you've paid £1090.24 on a loan of £220. Therefore, you need to reclaim every penny that you've over paid. Letter before action, then consider issuing legal proceedings against them. Don't give up.
  9. Thank you. Minicredit aren't part of the WebLoansProcessing group (I was just offering some advice in case you wanted to go down the path of reclaiming charges). I highly doubt anyone could justify their high charges and fees (regardless of whether they're written within a contract). Whilst I am aware that there is no specific legislation or case law by where the whole amount + one months interest theory has been successful, I do think that generally PayDay loan contracts are taken out for no more than 28 days, and after the default on the contract I don't see how they can add a high amount of fees on a weekly basis. Thanks, I will do.
  10. The companies i'm dealing with all operate under one known main company (WebLoansProcessing). As you can see from these forums they are probably the worst and most aggressive in the PayDay loan industry. My claim is to recover my partners over payments and further costs for dealing with their company to mediate the issue. Also another factor of our claim is predicated on an ongoing series of harassment to extract money from my partner that is not due neither is it payable to them. This has caused significant alarm, harassment and distress contrary to Section 3(1) of the Protection from Harassment Act 1997. My case currently is 7 pages long (not including the evidence of this harassment). You are correct about the OFT, however the above company has obviously received a large volume of complaints and the OFT is building a case against them (the only reason I can assume they're wanting all of this information).
  11. Absolutely dx100uk. I've already sent off my letter before legal proceedings to their registered address. If they fail to reply then i'll be submitting a claim to the county court (I've already written up my claim which is 7 pages long). Will obviously keep you updated on any progress.
  12. These guy's hide behind so many different aliases, addresses, email addresses and so forth. However, the Office of Fair Trading are taking our complaint seriously enough to warrant me printing out every email that's been sent and posting them to the current case handler, I've already signed a witness statement and so on. It's been around a week now since WebLoansProcessing were served with a letter before legal proceedings, we're waiting for them to come back to us within 28 days with a settlement, otherwise we're just going to file a claim in the county court against them to get the over payments back to my partner. Everything is looking good from our side so far.
  13. I found out my partner paid £416.25 on a loan that was originally £100, and now the company in question is seeking further £1033.55 from her (in which she ignores the requests now). My advice is the following; - Report to the OFT (The payday loan industry is being watched through a magnifying glass right now), I have my own case handler who I've send a full report and all evidence of emails and communications and a witness statement. - Dispute with the Financial Ombudsman (it will cost them £550 in fees alone). - Anything you've paid except for the original loan amount and one months interest is reclaimable. I'm already instigating legal proceedings on behalf of my partner for £270 in over payments plus other fees we're claiming. Start out with a recorded delivery letter before legal proceedings (notice of intended litigation) (this is the stage we're at). Advise them of their obligations under the Practice Direction on Pre-Action Conduct in regards to disclosure of arguments and so forth, give them 28 days to settle your dispute, after the 28 days is up, file a claim with the county court (you can do this via money claim online), which dependent on the amount you claim will cost you a small claim fee. And follow progress from there.
  14. I found out my partner of 2 years had a SpeedCredit loan back in 2010, for around £100.00 I believe. She kept this quiet, until she showed me the emails they where sending her on an almost daily basis (you know the ones, from Northern Debt Recovery, Marshall Hoares Bailiffs and so on) asking that she repay over £1,000. She's already covered the original loan, plus one months interest and a lot more £416.15 in total! any obligation has been repaid in full. Here's the typical email she'll get, along side the typical threats of doorstep recovery, court action and so on, here's a breakdown of some of their charges and fees (all unenforceable); Debt GBP 940 Cash Transmission Fee GBP 5 Missed Payment Fee 1 (day 29) GBP 10 NDR Accept Case File GBP 200 Missed Payment Fee 2 (day 43) GBP 10 Missed Payment Fee 3 (day 57) GBP 10 Missed Payment Fee 4 (day 71) GBP 10 Missed Payment Fee 5 (day 43) GBP 10 NDR Accept Case File GBP 200 Missed Payment Fee 3 (day 57) GBP 10 Missed Payment Fee 1 (day 29) GBP 10 Missed Payment Fee 2 (day 43) GBP 10 Missed Payment Fee 4 (day 71) GBP 10 Missed Payment Fee 5 (day 43) GBP 10 Cash Transmission Fee GBP 5 Repayments todate GBP 416.45 Total GBP 1033.55 So then, What I have done now, is prepare a case against all the companies involved in this matter, which has already been forwarded to the OFT who have asked me to sign a form allowing my evidence to be used against them (It seems the OFT are taking matters extremely seriously). Any body who has had anything similar (I see lots of posts on here about them), needs to immediately forward everything they can along with a full complaint to the OFT, now more than ever! I am also going to instigate litigation against the companies involved with a view to claim back her over payments, and the outrageous way they have dealt with this matter.
  15. Cancel your debit card associated with the account. Cancel all and any continuous payment authorities on the account, consider opening a basic bank account to use as a parachute account to safe guard your money for the time being. Send those lenders a basic income and expenditure sheet with roughly what you can afford to pay and maintain.
  16. "If we do not hear from you within 10 days we will commence formal recovery proceedings." Such threats always makes me laugh, what can they do...send more silly template letters with red writing and BOLD CAPITAL LETTERS. WE'RE GOING TO TAKE YOUR DOORSTEP. Personally I'd ignore, file the emails under spam and any letters under b for bin.
  17. You don't have to deal with BCW, they're acting under an agent assignment and do not hold any rights or duties to the debt. Request to deal with Barclays only (send Barclays an income and expenditure sheet, with your proposals for payment which you can afford and can maintain). BCW can do nothing except send you stupid template letters threatening to walk away with your door step. Ignore them and deal directly with Barclays.
  18. That's the most unprofessional letter I've ever seen. And, it looks as if they are not complying with UK law in many regards. I'm fairly sure under both the Companies Act 2006 and the Business Names Act 1985 and under the requirements set out by companies house that their letters must include their place of registration, company registered number and their registered office address. I also note how they say that they will take "Legal Action", but how does this letter comply with the Practice Direction on Pre Action Conduct and the Civil Procedure Rules 1998? Are they the actual owners of the alleged debt (Otherwise they can not take legal action)? They do not have a website, and also a quick search on the OFT register brings up nothing for this company. Contact the Office of Fair Trading to ensure they are acting in accordance to the rules and regulations surrounding debt collection. They look extremely unprofessional, I wouldn't pay them a penny personally.
  19. Seems like you've been the unfortunate victim of someone using your identity to take out various credit products in the past. Orange should, upon request provide you with the original documentation (be it a contract or similar) to provide you with evidence in relation to this matter of fraud. Don't worry about CapQuest, there really isn't anything they can do except send you silly template letters. I would assume that they can't provide sufficient evidence to prove you took the contract out, and therefore I highly doubt they'd consider taking you to court in an attempt to try and recover any money. You've done what you can to try and mediate the situation, but they're always going to make a bias decision as to the whole fraud issue, as they want to maximise revenue for their own greedy profit.
  20. Crapquest can try to throw around the "who's responsible card" all they like. As they purchased the alleged debt, they should have done so in good faith. You've contacted them to make them aware that you did not take this account out at any juncture, and that they should cease and desist from processing your data and sending you demands for payment. How recently have these "fraudulent" accounts been taken out? The police seem to be failing in their duties here, they have a duty to investigate crime such as fraud, and to provide you with a crime reference number so that you can forward this onto the company that claims you owe them money. I personally think if you can provide proof that you did not take the account out at any point, then perhaps you should look at filing a court claim against them. You've tried to mediate the situation outside the jurisdiction of the courts, but CapQuest have no interest in taking on board that you're not liable for any alleged debt. Of course they'll come to this conclusion, after all, it's money to line their pockets with.
  21. Lenders are encouraged to take on board debtors circumstances (which includes debtors becoming over committed to credit, reduction of hours at work, unforeseen financial problems). Personally, as long as you offer them a repayment plan then there really is no reason they can decline or refuse this. Furthermore, you're the one who's in control (not them), so only offer them what you can afford, and that's all they will get. Let them drag their heels in the mud if they want to, but at least you're acknowledging that you can't afford to pay. Can you not find a postal address for 24/7 moneybox? Perhaps send them a very basic income and expenditure sheet, and your repayment plan proposals in a letter asking them to freeze all interest and charges.
  22. Let them prove that the payment was made by you. Request that they send you clarification of the accounting (How the payment was made, where the payment was made from, the date of the payment etc etc). I've heard that debt purchasing companies can be sneaky by crediting accounts with small sums of money when they become close to becoming statutory barred under law.
  23. It's very typical for a debt purchasing company to act like this. They've purchased a debt which isn't yours to pay off, and by writing a complaint it seems that they become ignorant to various office of fair trading debt collection guidelines, and the law. Phone contracts are fairly easy to obtain. Personally, the original creditor (Orange) has a responsibility to ensure the person applying for the contract is the actual person they're claiming to be. Personally after exhausting the complaints procedure, I'd consider taking further legal action against them. Not before perhaps visiting your local police station to make a report of fraud that you believe to have occurred in your name (whilst I doubt it will be investigated by the police thoroughly, you will obtain a crime reference number which will help with any complaints or further action you might take further). Capquest seem to have forgotten that it's their obligation to prove that a debt exists in which you are liable for, and not the other way round. Consider drafting a letter before action, that you intend to take the matter further (to the county court) for damages.
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