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GASS

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Everything posted by GASS

  1. They aint going to be getting anything for a little while anyway, we have had to enter into an IVA as we are just spiralling and neither of us (hubby or I) are in any fit state to deal with the legalities of reclaiming money etc. But am happy to get them to prove they now have the account, had nothing from the OC to say they were handing over or anything, thanks for the input every one.
  2. Still being hounded by these people, hubby had 9 missed calls from them on his mobile over last weekend, so as well as the prove it letter, which they have not replied to yet, I have now sent them the telephone harrassment letter. Their calls are very aggressive and hubby has saved them on his mobile if they are needed for future......
  3. Hi all, I want to start a claim against Barclays for the unpaid DD's and the reserve fees DUE to hardship. It's quite eveident from the statements that we are in trouble and I have drafted my SOC and the letter to them asking for the charges back, My question is this, is it worth me pre-empting the question of filling in an I&E form by sending one with the prelim letter. I don't want this to drag on and on as I need cash now not in 2 or 3 months time..... I have applied to a company for an IVA and the ball will hopefully start rolling in the next few weeks when I get all my paper work back to them, do I also tell Barclays of this in my letter? Ta GASS:confused:
  4. Don't know if I have done this right but here goes.
  5. Yes they have issued a Default Notice, served under section 87(1) of CCA 1974 No have not issued a CCA and it was taken out in 2006 or 2007, I can't remember of the top of my head, my be even before that. (It was a credit card)
  6. What shall I do, On DMP with Payplan and thought it all okay - doing what Payplan have said to do in relation to letters received from creditors etc. Now after sending a letter to LLoyds TSB in relation to telephone harrasment, I get a letter from these solicitors, Sechiari, CLark & Mitchell, asking for full payment (well if I had it we would not be on DMP) At the bottom of the letter it quite clearly states " our client would be prepared to accept a reduced sum, together with realistic proposals for regular monthly payments " BUT is that not what I am doing already. GASS
  7. Oh and cheeky buggers just looked back to the original letter/statement from Reliable Collections and they have also added on a £55.00 arrangement fee !!
  8. Okay, bit difficult to stop payments, when they are being paid directly by DMP company, though I would like to write to them trying to get charges back, we pay £1.03 a month as agreed with them and PayPlan and they have for May put on £24 in seperate administration charges and !9.02 in interest. I don't mind paying them what I owe, but want to claim back these charges I have had a look through the OFT Guidance and have seen what I need to throw at them i.e. applying charges not based on actual costs etc..... Am i on the right tracks..... I'm sorry to sound so pathetic, but I really don't know which way to turn, am on antidepressants and in a real mess with myself.
  9. Hello I am currently on a DMP with PayPlan, and one of the creditors Oxendales are continuously adding interest and Administration Charges onto the account, I have to laugh (a little) because each time they add on an Administration Charge of 12.00 they do it twice and on the same day. Can I, even though on DMP claim back this as we are actualy now owe more to them than we did when we first took out DMP, mainly due to the charges and interest. Any thoughs greatlfully received.
  10. Hi all Still being harrased by Newman's, just wondered if anyone had a prove it letter that I can adapt and send to them. They have just left a message on answer machine, saying "avoid legal action and call us by Friday 5pm or else". Hummm. So any help would be good. Ta
  11. Hi My hubby had a small plumbing business which due to current climate and lack of work he has ceased trading, he is in fulltime employment though and wages not as much, but at least in work. With the business he had a small account with a local building merchants and at the time owed £800.00, he had rang the merchants and explained the situation and they were fine and accepted £50.00 a month. We have not heard from the merchants and assumed they were happy with the £50.00 a month, when out of the bluewe started to get phone calls from a company called Newman's and some rather nasty letters. My hubby rang them back and asked what they wanted, they were very rude and arrogant and hubby told them so, he stated he agreed with merchants that he would pay £50.00 a month and they seemed happy. So when next payment due, sent Newman the cheque foor £50.00 which they have cashed. Now we are receiving letters from them again, saying no agreement with them and pay up basically, I wondered if it would be best to CCA them, as have had no default notice or anything but is it different with a Builders Merchants thana credit card or what ever. Some pearls of wisdom will be great here. I was going to write to them and tell them they are a pain and to look back at their records etc.......
  12. Humm, just reading this thread with interest, My hubby had a small plumbing business which he has decided to end, due to lack of work etc.... he had an account with a local builders merchants for approx £800.00, he had an agreement with them to pay £50.00 a month due to the economic climate, but last month they sent the debt to Newmans, who to be perfectly honestwere extremelly rude in their letters and their phone calls, hubby did contact them and said he would continue to pay £50.00 a month, but they keep ringing a week or so after the payment has been made asking for more,,, we keep ignoring the phone calls. (sorry to hijack)
  13. Just another thought, is it worth CCA orange/moorcroft/midaslegalservices?
  14. So in effect getting letters from b oth Moorcroft and Midaslegalservices could actually be seen as (from OFT guidance) using more than one debt collection business at the same time resulting in repetative and/or frequent contact by different parties, and also not informing that debt passed on to different debt collection agency thus resulting in repetative and/or frequent contact by different parties as well as failing to refer on to the creditor reasonable offers to pay by instalments One thing that I am still not sure of is the request for a GP certificate, - do I send them one or not as it's going to cost me?
  15. I have mentioned in a communication to Moorcroft that I and hubby are under the GP with medication for depression. Did not make a big issue of it just planted a bit of doubt in their mind, I recieved letter back from Moorcroft asking from proof from my GP that this was the case. They also said that they would put the account on hold whilst I was sorting this out. In the mean time I get a letter from Midaslegalservices saying I have not been in contact and to phone them immediatley to arrange a payment plan aarrgghhh. I don't mind sending letter from GP, BUT, why should I burden the cost that this will involve, that I can ill afford at present. Also this is not one that I have put into PayPlan as it happene after our initial set up with them, and It's hell trying to get through to renegotiate plan anyway. Any thoughts on GP letter to Debt Agency?
  16. This is going backwards and forwards between Orange, Moorcroft and another company called Midaslegalservices. I sent my £1.00 payment to Orange, which they have cashed, and then received a letter saying that I should not have sent it to Orange but to Moorcroft (letter from Moorcroft), in the meantime Midaslegalservices, say that I have not been intouch with Moorcroft in any way shape or form and they are now "preparing a file" for legal action (!) I have now receive another letter asking again for the proof of income, but looking back I still do not have any form of instruction to say that the account is now to be administered by Moorcroft. Do I really need to send details of income, does anyone have letter template to that effect. aaaaarrrrrgggghhhhhh:confused:
  17. I am currently in DMP with PayPlan, and have just received monthly statement from MBNA, I can't believe what they have allowed to happen, a payment has been authorised for Card Protection, which we have not requested or authorised, and they have added it to the outstanding amount . I am in the middle of writing to them asking why this has been allowed to happen when the account is quite clearly in the hands of Pay Plan and for all intense dormant. Can any suggest the wording to pop in the letter.........
  18. BUMP Also - just had a visit from rep from Southern Energy (I think they were), he says that we are also paying a standing charge with Scottish Power as our accounts over 2 years old, and on looking at the bills, yes we are suprise suprise, HE says, tha Southern Energy will take over (if we want) and we can then offer to pay SP at a £1.00 pw if we wanted too. Tempting, but will it keep the wolves away from my door.
  19. I see in another thread that someone said to send a letter as such, I may just do that then work out a payment plan "Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance"
  20. I'm intersted, did anything happen on 9th April??
  21. I have received a letter, no not a yellow or white card, from Power 2 Contact, in it they say "Scottish Power has engaged power2contact Ltd, a specialist customer contact company with many years experince in debt collection to act on its behalf. We have been instructed by Scottish Power to collect the sum of £ in relation to this unpaid account This payment is seriously over due. We have instructed one of our Contact Managers to carry out a Pre Disconnection Visit to your premises within the next few days. Our client may add additional charges of £37 to your account for this action. The only way to avoid this is to pay in full immediately. You can do this by contacting our office on 0208 763 4560. If you do not make a payment before or on the day of the visit we will apply to the Local Magistrates Court for a Warrant of Entry to enter your premises in accordance with section 2 of the Rights of Entry (Gas & Electicity Boards) Act 1954 to disconnect your supply, at this point you will incure considerable extra costs. We can take credit or debit card payments over the phone or you can pay our Contact Manager when he visits. An up to date meter reading should be provided when you call." I am currently on a DMP, hubby had to take lower paid job, both on medication for depression and am now "bricking it"
  22. Bit of a long story so will try and keep it short ish. Currently on DMP with PayPlan Hubby's business, practically non existant so has had to take become employed at a lower wage. Due to lower income, having problem meeting all normal day to day DD's such as gas and elec, which were set at £167 per month We can bearly feed our selves and family at present and both hubby and myself are on medication for depression. As a result of lower income, we have had items such as G&E returned from bank unpaid, and therefore have now got a wopping bill for £990, hubby spoke to SP on Saturday and explained situation and promised to make a payment towards the bill when we were next paid, this Friday. SP said OK to this. However in the post today - receive letters from Power2Contact Ltd, saying that SP have engaged them to collect the debt and that they instructed one of their Contact Managers to carry out a Pre Disconnection Visit to your premises within the next few days and there may be a charge for that which will be added to the account. They say that the only way we can avoid this is to make payment in full IMMEDIATELY, if not they will apply to local Magistrates Court for a warrant of entry under section 2 of the Rights of Entry (Gas & Electicity Boards)Act 1954 to disconnect the supply. I am at my witts end, and don't know what to do.
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