Jump to content


Continuing a financial arrangement.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4040 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

if you start new thread

 

i'll move the relevent posts to each new thread from here.

 

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

  • Replies 258
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

OK, thanks, [that was very quick!]

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Hi sameeagle,

Glad you are not giving up.

I had a similar problem with Barclays not providing SAR information.

My thread is here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?342110-DPA-Claim-***WON***-getting-BC-data-back-to-2002&p=3906272#post3906272

 

To cut a long story short - I reported them to the ICO who in fairness didn't do alot other than to accept what Barclays had told them. So, I took BC to court to comply with failed SAR and claimed nominal damages and hey presto, they found my information dating back 10 years and I am just awaiting payment in the next few days for damages *WON*.

 

Keep at it.

 

Shelley

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

Link to post
Share on other sites

OK Shelley,

 

Barclays have now supplied the SAR, but it's at my local branch, awaiting collection by my friend.

 

We have put in two separate SAR requests at different times, appertaining to two separate accounts, one was a loan, and the latest is a current account, [probably should have demanded in the SAR, that both lot's of info should be sent, but I didn't know that I would need the second one at the time]

 

They sent the first one here, all of my friends post is sent here, but for some reason, they insisted that this one must be collected, [her choice of where].

 

She went to visit her family for eight weeks, [six weeks ago], and the letter to say that it's ready for collection came, a couple of days after she had left!

 

I'll start a separate thread about that one in a couple of days, so you'll be able to follow that saga - in fact, I think that's what I'll call it "The Saga"

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Hope the package is still there when your friend returns.

 

Stay strong & don't give in to them.

 

Will follow with interest.

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

Link to post
Share on other sites

I have been in touch with the lady that informed her that it was at the branch, explained that I am her carer, and that I'll bring her in, with her ID, when she's back - it's been placed in their strongroom.

That reminds me, I need to go take a look at the disabled persons access, first.

 

J XX

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

I have been in touch with the lady that informed her that it was at the branch, explained that I am her carer, and that I'll bring her in, with her ID, when she's back - it's been placed in their strongroom.

That reminds me, I need to go take a look at the disabled persons access, first.

 

J XX

Good to cover all avenues

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

Link to post
Share on other sites

  • 2 weeks later...

A letter for my friend, from Cabot, this fine, sunny morning!

 

This is for an account, purchased by them, and dealt with much earlier in this thread - we wrote for a CCA, and they went off to look for one.

 

I knew from previous enquiries with the OC that one didn't appear to exist, so when Cabot ran out of time, I put the account in dispute.

 

They've sent a begging letter each month, [3 or 4 now, I think], which I've ignored on my friends behalf, and this one is headed, "Your account is in arrears - Final Warning"

 

It then says that this is the final warning before they issue a default notice, and that if she doesn't pay, then they "may" register the default again her account with the Credit Reference Bureaux, which will may make it more difficult to obtain credit in the future.

 

Since her credit files are in a mess anyway, should I remind them that it's in dispute, or shall I leave them to stir in their own juices?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Morning Sam Sunny morning ????

 

Is this debt on your friends CRA file now?

It would surprise me if it was not already

defaulted.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Good morning Brig, it's beautifully sunny here, in Central Staffordshire.

 

My friends account is not on Equifax or Call Credit files that were obtained in January of this year.

 

We never got the Experian report, they had to send me my two quid back.

 

They didn't seem to like the address that we gave them - although it's the address that's on Experian and Call Credit - I can only assume that Experian don't keep their records up to date, which doesn't instil much confidence in them, does it!

 

I really don't have any confidence in any of these Credit Ref people, their records are so totally incomplete, with information missing, even if I combined all three of mine together, and I have a perfect record, there are lot's of bits missing.

 

I see them as a bunch of sc*m merchants, myself.

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Hi Sam, absolutely dull dismal and damp on the Essex Coast:!:

 

The problem is with CRAs only reporting to one or two agencies

not all of them, the agencies don't share the data, and some

creditors use different agencies according to the type of financial

product.

 

6 months is a long time in terms of a credit report, I suggest taking

a look for updates at least on Noddle which is always free.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

OK, will do,

 

Thanks,

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Hmm, Cabot are not able to issue a default notice. Only the original creditor can do that and as Brig has already pointed out, it is almost certain that the account would have been defaulted prior to Cabot getting their sticky paws on it:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

If Cabot bought the debt, then doesn't that make them the "OC", on the basis that they take over everything, lock, stock, and barrel?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Yes! it would be unusual for a DCA/DP to file a default,

but often creditors default immediately prior to selling

the debt leaving the debt purchaser to place the entry

on CRA files.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

If Cabot bought the debt, then doesn't that make them the "OC", on the basis that they take over everything, lock, stock, and barrel?

 

Sam

 

A default notice has to give you the opportunity to remedy a breach. You do not have a contract with the Debt Purchaser, therefore you cannot remedy any breach as there is no contract clause for you to default on.. IYKWIM

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

They were not able to produce the CCA, so would the absence of the CCA stop them from proceeding - no CCA, no contract, I would have thought?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

They were not able to produce the CCA, so would the absence of the CCA stop them from proceeding - no CCA, no contract, I would have thought?

 

Sam

 

Look at it this way if there is/was an account open and used then it is unlikely in the

extreme that no agreement existed.

 

The debt can still be chased but not enforced in court, and there is the possibility that

a reconstituted agreement could be produced.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • 4 weeks later...

Two questions, please.

 

I've just read another thread, where somebody has a 6k debt, with 3k of charges and interest.

 

He/she was told that if the 3k had been sent to them, they still owe 6k - I have to say that I don't understand that at all, why bother to claim, if it doesn't make any difference to the balance?

 

My friends NatWest account, repayable at £1 per month, stands at £289 and forty something pence.

 

The £20 and £12 charges applied, when combined with NatWest's interest rate, equal....precisely the same amount.

 

Am I safe to stop paying, on the basis that if they try to claim their balance, then we will counter-claim for an identical amount?

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

If that balance is all charges that without which the account would not have defaulted then no default should have been placed then yes stop payments and inform

them why and state that you will claim the charges back.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I've just read another thread, where somebody has a 6k debt, with 3k of charges and interest.

 

He/she was told that if the 3k had been sent to them, they still owe 6k - I have to say that I don't understand that at all, why bother to claim, if it doesn't make any difference to the balance?

 

Without knowing the case you refer to, it's difficult to comment confidently.

 

However, if a bank customer reclaims £3K and gets a payment direct, then the debt of £6K would still exist.

 

Conversely, if the £3K reclaim was set off against the debt, the remaining debt would be only £3K.

 

:wink:

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

OK, thanks to you both for the info - it's much clearer now.

 

I did write and tell them a couple of months ago, that as far as I am concerned, we are "square", that no further payments will be forthcoming, and that if they try to take matters further, then we would put in a counterclaim - a sort of stalemate, I suppose.

 

Their latest monthly statement has a paragraph on the bottom, which states that the minimum payment has not been made, and that the terms of the agreement have been broken blah blah. Then says about they could take legal action etc.

 

I wonder if this is simply an automatic addition because no payment was received, and should I remind them of the letter that that sent previously, or would that simply lead to "letter tennis"?

 

Sam

Edited by sameagle
Had not finished writing.

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

The safer way to deal with this stalemate is for you to clearly establish who owes what. Otherwise, the bank will continue to pursue the debt using their usual tactics.

 

Have you sent the bank a spreadsheet to show how much they owe you in penalty charges and interest.

 

And how does this figure compare approximately with the balance they say you owe them.

 

:wink:

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Yes, I sent them all the figures, stating that I had used their figures, and the same interest rate that they had applied.

 

How does our figures compare with theirs?

 

Their figure is £298.42 - and ours is, erm, £298.42.

 

They originally wouldn't accept the claim using the interest rate on the standard template spreadsheet from the library on CAG, so I waited, paying a few monthly one pound payments, until the total was £1.92 above the total balance.

 

Then in June, I sent a cheque for £1.92, and the statement with figures and interest etc, and a letter telling 'em that we were square, which we are, in my opinion - I also suggested that, in these austere times, they could save much needed money by not sending letters back and forth telling me that the account is clear, etc.

 

Also mentioned that as I am a shareholder, I'm only too keen to help them with their costs, [and yes, I am a shareholder]

 

Either, nobody is keeping an eye on the ball at that end, or they think I'm taking the **** out of them, [would I do such a thing to an honourable, British bank?]

 

Probably not, if I could find one, the few months of reading this section of CAG has taught me just where the phrase "Filthy lucre" originated!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites

Perhaps the way to "settle" this impasse is to write to them saying :-

 

I refer to my earlier letter of xxdate, to which I have received no satisfactory reply. A copy of this (and other relevant letters) is enclosed for ease of reference.

 

According to my calculations, you owe me a refund of £xxx for unlawful penalty charges and interest as per the enclosed updated spreadsheet.

 

And, according to your figures, I owe you £xxx for the account balance.

 

As you have failed to properly address this issue, I suggest the a/c be credited with the refund for penalty charges and interest. It can then be closed with a zero balance.

 

Any adverse credit markers or defaults relating to the account must be removed as they would have included unlawful penalties and are therefore inaccurate.

 

Unless I hear from you to the contrary with 14 days, I will assume you agree with my suggestions and have closed the account and removed adverse credit markers.

 

Accordingly, I shall also expect to receive no further demands from you or any DCA about this account.

 

What do you think ?

 

:wink:

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...