Jump to content
We are now - The National Consumer Service ×


  • Tweets

    No tweets were found.

  • Posts

    • A Labour MP says GB Energy should buy British to avoid the risk of forced labour in supply chains.View the full article
    • The world's race to decarbonise has led to the rise of electric cars - and with it, soaring demand for lithium, which is required for the batteriesView the full article
    • New thread started as you & LFI suggested.  It's best to have one ticket per thread, if not people get confused about which ticket they're giving advice for. Firstly, you have every right to be absolutely fuming at MFG.  You go twice and spend money - and what do you get?  A demand for £100!  Do the people who caused this mess resolve it?  No, they lie and mess you about.  No wonder you're so angry. However ... we're worried you’re leaving yourself open to accusations of theft (even though you made it clear the goods would be returned) and criminal damage.  If you take the initiative and approach the garage politely, (a) that covers yourself at least a bit regarding any possible criminal accusations, and (b) if the manager has a brain you two can easily sort everything out. I say if the manager has a brain.  They might try and play the hard case and stupidly put the blame on you.  Who knows. Anyway, how about sending this 1st class post on Monday?   Dear Manager, I am the person who temporarily took some non-perishable goods from the BP shop on Wednesday and left a letter. I have since calmed down and am writing this letter in a friendly, amicable way between adults without abuse or at all costs apportioning blame. What happened is that some time back I visited your premises at 3.15am to buy fuel.  I then revisited at 8.30pm the same day to use the shop. Afterwards I received an invoice from Euro Car Parks for £100 (discounted to £60 if paid within 14 days). What happened is that the ANPR cameras joined the two visits together and ECP issued the invoice for me staying an absurd 17 hours.  I mean you provide a good service but who would stay 17 hours! If you Google "double dipping" you will see that this is a continual problem in the private parking industry and the industry’s own Code of Practice highlights how steps should be taken to avoid issuing invoices in these cases. When I brought this to MFG's customer services' attention you refused to have the invoice cancelled.  I also visited you and again you were unhelpful. Please "take a step backwards" and put yourself in my position.  Say you visited a supermarket on a Saturday evening.  You also visited on a Sunday evening. Later you got a demand for £100 from a private parking company.  You politely asked the supermarket to intervene but they refused.  I think you would consider the matter unfair and you would be extremely angry with the appalling customer service. Anyone who has even a rough knowledge of the law knows that ECP are your agents, you called them in.  You are the organ grinder.  They are the monkey.  You can easily tell them to cancel this invoice. So i am writing to request an appointment with you in order firstly to return the goods which are yours and of course which I should never have taken.  I would like us to be able to speak in a friendly, adult manner. However, secondly I am not prepared to take all the blame for this matter.  I also request confirmation from you that you have had this unfair invoice cancelled. Yours,
    • A new generation of wealth creators has fuelled demand for private members-only clubs in Asia's third largest economy.View the full article
    • well post it to youtube or facebook. so we can look at it.  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Thanks
        • Like

Recommended Posts

Hi there,

 

Yesterday I received a letter from Lowell & 118 (together in one envelope) that Lowell are now the new owners of a 12 month unsecured loan I stopped paying in November 2015.

 

During this period I also defaulted on 4 loans with 4 different payday companies however by now I have taken care of all but this one. I fully intend to take care of the last of my mess which rules out the PROVE IT route but there are a few stumbling blocks before I can do so.

 

After checking my credit report I notice a second default has been placed on my account. How do I go about getting this removed?

 

After also checking my credit file I notice that the original default placed on my account by 118 was not placed until 28 months after the account went delinquent despite ICO guidlines which state that 'accounts should be defaulted 3-6 months from last payment date'. How do I go about getting the original default accurately recorded to early 2016? (Giving me a clean slate in early 2022)

 

I would like to thank you ever so much for taking the time to read through this thread and any input will be greatly appreciated.

Edited by Andyorch
Paras
Link to post
Share on other sites

Already fully advised on MSE

 

https://forums.moneysavingexpert.com/showthread.php?p=74688132#post74688132

 

I dont think we have any thing further to add Velli ...but welcome to CAG

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING

Have we helped you ...?         Please Donate button to  The National Consumer Service  to help us to keep on helping you 

If you want advice on your Topic please PM me a link to your thread

 

Link to post
Share on other sites

What about an irl complaint to 118

Might get the whole thing wiped from file and the debt gone too?

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

https://www.consumeractiongroup.co.uk/forum/showthread.php?472423-CAG-PDL-Reclaim-Guide-Indepth-Step-By-Step

 

and not only for this one

 

you can do it for all those you had even if paid off

 

thread moved to PDL forum and lenders name added

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you so much for your reply dx100uk

 

I actually went down this route a year or so back and the compensation received essentially settled all the outstanding loans. Thank you for reminding me!

Link to post
Share on other sites

To make things as clear as possible:

 

  • Loan taken out September 2015 from 118
  • Stopped paying November 2015
  • Buried my head in the sand until August 2018
  • Realised default placed on credit file for May 2018 (2 1/2 years later)
  • Lowell buys debt in August and place another default dating August 2018

 

As I received 2 letters from 118 introducing Lowell I know my first step is to complain to 118 about the date the default was reported. Before I can

If worded correctly is a backdate default request to 118 an admission to owning the debt to Lowell if I choose to stall them with a prove it letter? Best case would be for 118 to backdate my default, Lowell unable to prove it & be left with no choice but to remove default and stop pursuing me.

 

Thanks for your input/advice in advance

Link to post
Share on other sites

Even if you correct the default date..it wont stop Lowell pursuing you...and given the default should be Nov 2015 +1/2/3 months...admission is irrelevant as its a way off becoming statute barred.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING

Have we helped you ...?         Please Donate button to  The National Consumer Service  to help us to keep on helping you 

If you want advice on your Topic please PM me a link to your thread

 

Link to post
Share on other sites

Even if you correct the default date..it wont stop Lowell pursuing you...and given the default should be Nov 2015 +1/2/3 months...admission is irrelevant as its a way off becoming statute barred.

 

 

Andy

 

Thanks for you response Andy.

 

Very good points but Im thinking more along the lines of if I do decide to throw them a curve ball by asking them to prove it - will the recent request to backdate date of default suffice as an admission of debt? Best case scenario would be that 118 backdate the default and Lowell unable to prove the debt.

 

Thanks again.

Link to post
Share on other sites

When you say that a default was placed on your account by the original lender, are you saying that it was as a Default Notice or was that the first default marker placed on your account for that debt.

And what was the debt please-loan, overdraft etc.

 

Hi sorry for the miscommunication.

 

It was a 12 month loan to be be paid with monthly installments.

 

Please can you tell me the difference between Default Notice and Default Marker?

 

I recently logged in to Noddle (then Experian) to notice 2 defaults - May 2018 (Original Lender) & August 2018 (Debt Collector).

Link to post
Share on other sites

threads merged please keep to one thread

 

do as post 4 much better way

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I had some issues with PDL's and complained to them. Some caved and removed defaults from my credit files, some didn't so they were sent to the FOS. I sent three to FOS and all three won. Now FOS guidance (Even OFT those days I believe) stated that if they had lent to you irresponsibly, the PDL company should put you back in a position you were before taking out the loans.

 

This means that they would be required to refund interest as well as remove markers from your account.

 

If you had more than 3 or 4 PDL's/loans running at the same time, this is looked at by the FOS as a sure indication that you were lent to irresponsibly.

 

My suggestion should be to put all charges on a spreadsheet, calculate what you think is owed and complain to each PDL company, as well as 118, that they lent to you irresponsibly and that they should refund you as well as remove all credit markers on your CRA files.

 

This is a lot quicker than waiting until 2022 until defaults fall off.

If you go here: http://www.ombudsman-decisions.org.uk/ and put in 118 in the company name, you will see that since 2012, there have been 67 complaints to date about 118. go read them, you will see the majority of them the FOS has sided with the consumer where there have been multiple concurrent payday loans as well and made 118 pay back money and remove credit markers.

Edited by UKDomains
added info
  • Haha 1
Link to post
Share on other sites

Hi sorry for the miscommunication.

 

 

 

Please can you tell me the difference between Default Notice and Default Marker?

 

I recently logged in to Noddle (then Experian) to notice 2 defaults - May 2018 (Original Lender) & August 2018 (Debt Collector).

 

The default notice is the physical notice to in form you of default and allow you to rectify the breach within 14 days...which must be served on you pursuant to section 87.1 of the CCA1974.

 

The marker is what is placed on your credit files as per the ICO guidelines which remains for 6 years.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING

Have we helped you ...?         Please Donate button to  The National Consumer Service  to help us to keep on helping you 

If you want advice on your Topic please PM me a link to your thread

 

Link to post
Share on other sites

ignore the silly calendar marker they mean nothing

you are looking for the date of default which should be in the debt summary

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...