car cash point LBL - Burlington/Marstons wants car _ Live in NI

[dx100uk]

What fca rules over what dca action s?

[Melissa2574]

Over the repossessions and over the 30 day rule re acting with debt management company and working with a customer to try and come to a solution. They say they only doing what the company has told them but if bound under the FCA they still must follow their rules 

 

The FCA though have said no repossessions though and they have not stipulated any particular type of agreement just that repossessions cannot take place.

 

The DCA though claim on their website however that they are part of the FCA. So they cannot claim to be regulated by the FCA yet ignore their ruling on repossessions. 
I do know now though that they don’t have legal powers but this would still not stop them lifting my car. Legal powers or not unfortunately. I would not have the money to get it back and I would lose it. That’s my fear. 

[dx100uk]

Stop worrying

You called their bluff hence why he was so nice..you outsmarted him

Ccp will advise if they wanted to attempt their snatch it tactics again and just remember keep it on your drive where possile

 

we 'll put them straight in our letter but the more time i waste replying to silly worrying posts the further we get delayed

[dx100uk]

so we don't shoot ourselves in the foot

can you place up your complaint letter please one pdf only.

[Melissa2574]

Am I able to upload it like the earlier ones today? It seems to be easiest way for me to do it on my fone 

[dx100uk]

i have shrunk the uploads earlier as they exceeded in total your upload limit

try now in pdf.

 

BTW: the file a few posts up renamed burlington comms is very damning for them

they knew they had done wrong having just read it.

 

now this subject needs addressing and sorting.

where has all your available income been going for the last 12mts...why has this debt not been paid and why did you resort to even taking out an LBL in 1st place..usually its as a result of shear desperation and financial mismanagement as you could not get money elsewhere ...why ?

 

this debt is a priority ...2nd to everything other that what keeps a roof over your head like mortgage , rent. CTAX. gas/electric.

 

mobile phone/sky/broadband/credit cards/OD's/catalogue debts or accounts and anything else you payout for needs to be either cancelled or dropped to <£5PCM..they can't do anything to your roof or your car.

 

spill the beans..why were you in such a whole in 2018 that you ever had to goto these sharks and expose yourself to this grief..

 

 

 

 

 

[Melissa2574]

Simple answer to that is gambling and having borrowed way too much previous to 2018 and simply not being in a position to meet all debts so always robbing Peter to pay Paul. From last year it just began to catch up. Then covid came and made it worse. Income reduced and job changed and dealing with mental health issues. That’s really the long and short of it. 

[dx100uk]

a gambling addiction prior to that date

thats good..has this now been addressed and is no longer an issue?

dx

 

 

 

[Melissa2574]

It’s addressed now in so far as I don’t do it any more but still have a lot of debt that I’m trying to work my way through and hoping that payplan will help me with that. No one chased me in lockdown etc so I haven’t bothered. I am keen now however to pay all back at an affordable rate. 

[dx100uk]

do it yourself don't need PP they scam yo by not checking enforceability.

how historic are these debts when did take them out?

[Melissa2574]

These are mostly all old as in around 2008/2012 or so. Other payday loans in 2019 but they are all smallish amounts 

[dx100uk]

i think it better you make a thread in the debt self help forum.

 

were any of this credit given when you credit file was already shot.

 

[Melissa2574]

Yes lots of it. I will make a seperate post for all of that when get this sorted. 
burlington have came back to me to say that as i have said I won’t be handing my vehicle back that they are closing their file and handing it back to CCP to pursue their other avenues of recovery activity and that I should let my insurers know that I do not have permission to drive the vehicle from its owners.

 

[dx100uk]

rubbish! about ins.

it just shows what you what an upset you have caused by outing their unlawful behaviour that the powerless burlington have run away and are hoping it goes no further than an internal telling off for pretending they have any legal powers whatsoever .

[Melissa2574]

I’m curious as to what CCP will do now? I presume another DCA to try and recover?

[dx100uk]

they cant they are powerless to do anything anyway...how many more times!
 

a very strongly worded by pleading letter will be going from you by friday

simply let them sweat.

 

[Melissa2574]

I do understand that but I’m wondering just what the next move by CCP will be.

[dx100uk]

crawl back in their hole and hope other punters don't find out about the appalling bedfellows they have used.

 

you'll eventually come to some discounted agreement at the correct level or do a time order - there is little point in them forcing anything now.

 

 

[theoldrouge]

The ideal would be a negotiated discounted settlement 

The cards in your hand are that you would most certainly win an irl complaint via the fos

And the behaviour of Burlington 

Im not so certain that you would win on unfair treatment given that for a LBL company they have been pretty accommodating for the best part of a year 

If they don't agree to negotiate on a monthly payment of the 1500 then straight off to the fos

Only if things get dicey consider a time order due to your other debt a t/o could get messy

[Melissa2574]

Thanks for this. What should I do if they refuse to negotiate anything on a monthly / weekly basis. I will go to FOS absolutely but unfortunately that still leaves me with the panic every day about the car. 

[dx100uk]

stop fretting

can you help use to help you

get that other thread running and lets have the details of your other debts

it will form part of your response.

continually sitting there pondering this and that which is totally irrelevant. 

[Melissa2574]

I’m pondering as I’m worried and I know I have to act and get something to them as what I am absolutely trying to avoid at all costs is someone turning up to repo the car. I know i have been told they have no powers but I’m still not sure of what alternative there is. 
I wouldn’t know where to begin with all other debts tbh and it’s something I would need to spend quite a significant amount of time getting all those details gathered up. My main concern at present is sorting this debt tbh and trying to do what I can to get it sorted. I will deal with all other debts in due course.

[dx100uk]

but the other debts are part of this big picture and its eventual solution

a rough idea will help.

 

if if if they ever get another powerless repo/dca involved, they will tell you well in advance.

 

help us please

[theoldrouge]

They have made an offer 

Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer

As dx says we really need all the details to understand the full picture 

[Melissa2574]

Update on this. 
I put in letter of complaint to their last reply this afternoon and I offered either a repayment plan or accept reduced settlement if I can have a period of one month to get this to them. I think that’s the best option as it gets rid of it. They have said they are happy to allow me a month to pay it. 
I think this is the best option as it gets rid of it. Has anyone any thoughts?