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  • CleverClogs (RIP)
    replied
    Re: Shop Direct No CCA- Very account?

    Originally posted by Mr BoomBaztic View Post
    i did gain something i managed to get my works phone number taken off their system so when it does go through to the DCA's they wont be ringing me at work
    Do you believe them?

    I wouldn't.

    Leave a comment:


  • Mr BoomBaztic
    replied
    Re: Shop Direct No CCA- Very account?


    Leave a comment:


  • mauijim
    replied
    Re: Shop Direct No CCA- Very account?

    Mr BB It is like playing poker, don't jump up and down when you hold Aces and don't show a player your cards if you've made a bluff. Trust me I know how tempting is to rub their noses in it but sit tight listen to the brilliant people on here and enjoy life. I know the info on here is not a bluff but pouring fuel on the flames is not good.

    Good luck to you I hope all works out for you.

    Leave a comment:


  • caspar
    replied
    Re: Shop Direct No CCA- Very account?

    MrB - don't overestimate me. I make mistakes like any other human being, but I honestly believe this is the right thing, especially with this bank as they are buggers to try to deal with, one of the worst!

    Leave a comment:


  • Mr BoomBaztic
    replied
    Re: Shop Direct No CCA- Very account?

    Cheers Casper

    I would trust you with my life from previous encounters on another site, So that makes it even more water tight for me...

    I am at your hands now so as soon as i get commincation you guys will be the first to know.. So until then speak to you all soon!

    Baz

    Leave a comment:


  • caspar
    replied
    Re: Shop Direct No CCA- Very account?

    Hey Baz,
    Things are moving. Niddy and Garlok are right. If you remember I bought my TrueCall to stop having to talk to anyone at all on the telephone. I know people who even have a script by their phone along the lines of, "It is my right to insist that everything regarding this alleged debt be put in writing. Please do this from now on. Bye bye." Phone down - clunk!

    I'm sure I've also written letters you've read saying everything in writing "for the avoidance of doubt."

    No payments, no phone calls, no nothing.

    You'll also find here that you'll get extensive help from Niddy and Garlok, but only as long as you follow things to the letter on here. As I said in my pm to you earlier, you have to stop paying.

    As regards the DCA. I'd be very surprised if I haven't come across it, you should see the files of letters I have here! lol However, we need to get this debt sold to a DCA -ie- an Absolute Assignment not an Equitable one. This is because they then have the rights and duties of the debt rather than just the right to collect the Equity (amount owed - hence Equitable Assignment). Once they own it and have bought it for say 10p in the pound, then if they accept 20p in the pound of the original debt, they have doubled their money - happy all round.

    F&F's are exceedingly complicated and Garlok has done a vast amount of research in this area, so well worth listening to him. A few of us had a discussion on here about a month ago as to the best way to get a F&F watertight - it was really interesting. I'll try and find the thread for you.

    Only going into so much detail cos I know you like to understand WHY you're being asked to do things rather than following like a sheep. Hopefully this explains it for you, but any questions, just ask!
    Last edited by caspar; 12 July 2011, 17:27. Reason: I can't spell anymore!

    Leave a comment:


  • Mr BoomBaztic
    replied
    Re: Shop Direct No CCA- Very account?

    Okay cheers

    Thanks for you help and advice

    Will post back as soon as i have the information through on my DCA for my loan

    Baz

    Leave a comment:


  • garlok
    replied
    Re: Shop Direct No CCA- Very account?

    Stop paying is my take MrBB, Niddy has confirmed in post 69. Whilst you keep on doing as you have done they will sit there rubbing their grubby little hands with glee.

    regards
    Garlok

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Shop Direct No CCA- Very account?

    stop paying altogether!!!

    Cheers

    Leave a comment:


  • Mr BoomBaztic
    replied
    Re: Shop Direct No CCA- Very account?

    Okay Gents/Ladies hearing you loud and clear

    Right i am going to sit tight and not make any contact with anyone to be honest that was the first time ihave even spoken to any of my creditors for months.. I think it was just with me wanting to know about the default and looking back Niddy you already told me

    Okay question so are you telling me to STOP paying them all together or pay them £1 to show the willing... Sorry just want to be crystal clear on the best way forward

    Cheers

    Baz

    Leave a comment:


  • garlok
    replied
    Re: Shop Direct No CCA- Very account?

    Hi Mr BB,

    If you are experienced with these matters you will know that you NEVER speak on the telephone on ANY matter with a creditor or their representatives. Foxtrot oscar writing only is the name of the game. Niddy and I do not laways agree on the way to handle F & Fs but you are playing with fire if you get it wrong. They are NOTHING repeat NOTHING to do with Statute Law i.e. CCA Law you are dealing with a volatile minefield called the Common Law of Contract. Every case will stand or fall by its own merits and putting a foot wrong brings its baggage of very expensive litigation and the real possibility that you will never be rid of the debt and the F & F agreement will never be watertight. Even with lawyers handling them if significant sums are involved leads to some difficulties.

    Hence the very basic rules AAD gives to users about these matters are important to YOU, your case and your own welfare. They are not some fictional discipline put in place to mees you around. In this case I would suggest that you have fully acknowledged the debt or that is the way it can now be interpreted and therefore there is no initial dispute on which to base your claim. there is nothing written down on this it is judge made law.

    regards
    Garlok

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Shop Direct No CCA- Very account?

    Originally posted by Mr BoomBaztic View Post
    Niddy

    Thats fine if thats how you feel but i never got into any thing about payments i just needed to know where i stood with my Loan on dates of when they would default me

    Yes i did gain something i managed to get my works phone number taken off their system so when it does go through to the DCA's they wont be ringing me at work

    I never discussed anything other than dates and clarity on my payment plan

    I dont feel i am wasting your time, i have been doing my own DMP for months and have always followed the golden rule with phone calls but this was a query about dates and nothing else

    I might be new to this site but im not new to the tactics and the golden rules about dealing with creditors..

    If you dont want to help fine,, Just let me know

    Baz
    Baz

    You have no reason to call them - period. In fact yes, you've been doing your own dmp - but as I already said you need to wait 91 days before an account will be sold as a growing concern (ie no payments for 3 months) - then after 6 they can look at defaulting you, but ideally they do it sooner/if not already.

    My point remains, why would you ring and query a default? We already told you how it works..... and for the record the advice given was inaccurate - I am ex internal fraud for that bank - don't forget that

    They will sell it after 3 months and default you after 6 - sod the default, its the sale date we're interested in.

    Just stop phoning, leave them alone, stop paying and sit tight - update us with any letters you get BUT do not respond until you've posted here exactly what you've received.

    Cheers

    Leave a comment:


  • Mr BoomBaztic
    replied
    Re: Shop Direct No CCA- Very account?

    Niddy

    Thats fine if thats how you feel but i never got into any thing about payments i just needed to know where i stood with my Loan on dates of when they would default me

    Yes i did gain something i managed to get my works phone number taken off their system so when it does go through to the DCA's they wont be ringing me at work

    I never discussed anything other than dates and clarity on my payment plan

    I dont feel i am wasting your time, i have been doing my own DMP for months and have always followed the golden rule with phone calls but this was a query about dates and nothing else

    I might be new to this site but im not new to the tactics and the golden rules about dealing with creditors..

    If you dont want to help fine,, Just let me know

    Baz

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Shop Direct No CCA- Very account?

    Baz mate, I am sorry but I can't be a part of this.

    Our number one fundamental rule is no phone contact. You had no reason to ring and really, you've not helped matters nor gained anything constructive other than tell them that you're not very savvy when it comes to these things.

    Why would you go and ring them mate?

    If you want my help, please start listening cos my time is extremely valuable and I am missing other posters by wasting time with people that won't listen, sorry - sounds harsh but we see this daily - you need to listen to us if you want to win this fight, or walk away and best of luck.

    Your choice. If you want 'my' help please pm.

    Checking out / unsubscribed.

    Leave a comment:


  • Mr BoomBaztic
    replied
    Re: Shop Direct No CCA- Very account?

    Hey Niddy and Casper,

    I know ive done wrong but i only went and phoned HBOS... I can already hear you both tutting..

    But i have got some usefukl information.

    1. My loan will be going to DCA within 21 days, So lets hope its a DCA you both know and have experience with

    2. My two payment plans with the halifax are not classed as in arrears so i got 6 months until it goes into default... So question Dont pay them and use the money to other creditors?? or still pay them a £1 a month...Answers please

    3. They are proper sharks fair play every caller i spoke to was like well can you increase yur payment and if you just pay xx amount now it will prevent this and that

    4. I managed to find a free number off the web so didnt cost me a penny from my mobile..

    Challenge HBOS is well and truly at the races

    Baz

    Leave a comment:

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