Vampyra -vs- The Tweenies.

[Vampyra]

OK so the title is a little harsh on the Tweenies, but you get my drift.

 

OK after speaking to DiskManDave last night I took his suggestion and am now making my own thread about ALL my creditors. Individual threads get lost so if I keep them all together then I won't keep starting new threads and confusing things.

 

To put you in a clear position, I am a full time carer for my mum who has dementia and physical disabilities. I went to college in 1994 and subsequently 5 years at Uni from 1996/7. At the time I had a bright future and with the degree I was reading, there was no way I would ever be short of a few bob. I had student loans, student bank accounts and credit cards all of which were to help see me through to graduation and beyond.

 

A year after graduating and 6 months into a new job, my mum fell very ill with a stroke. There was no-one left to look after her, so I did. Now, this put me in a dire position with my creditors but I tried hard to negotiate with them. You know the story and 5 years down the line they were almost sending me to a large bottle of pills with their continued harassment.

 

So, I come back to CAG which I had joined earlier but due to caring commitments had not come back to. The reason was the lovely Statutary Demand from Lowell Financial/Hamptons Legal. The man there, whom I'm sure many of you know as ole Dick, stated quite clearly he would bankrupt me. I told him I had no assets and he said, "Great, well you have nothing to lose then".

 

I fought the SD with a token £1.00 payment and asked CAG what to do. The kind people of this forum suggested the CCA route for all my creditors. I also got my credit file from Equifax, but Experian wanted me to send all sorts of documents and thus took my money and have never given me a credit report. On my credit report I found a CCJ which I really had no idea about. This had been forced through from Capital One with our wonderful friend the enigmatic Bryan Carter, even though I was sure the payment for that was cleared in time to stop the CCJ. I found lots of defaults, which as we know are as bad if not worse in some cases than a CCJ.

 

So, onto the creditors.

 

Let's start with the Barclays Bank Student & Graduate Account/Lowell/Hamptons account. They have chased me for years over this. I have paid almost nothing to them as I don't have the money. CAB have been little help as were the other debt help places I tried. Hamptons sent me a Statutary Demand which was never seen through. They have failed to produce a CA and have stated that the OC cannot find it, it doesn't exist and Lowells/Hamptons are closing their files. NOTE: This is for a Graduate overdraft! They have placed a default on my file which needs removing. Help with wording for a letter for that would be appreciated and also how to claim compensation for the continued stress and harassment would also be a bonus.

 

Lowells also have another account which is for the Co-Op/Smile credit card. Within the 42 day limit though after 12 + 2 working days they gleefully sent me a psuedo credit agreement, in that it did not contain all of the legally prescribed terms to be a properly executed agreement. I'm sure they know it's wrong because I have heard nothing from them, but I need to address this now. They have now gone over 42 days and have not produced a correctly executed CA, so have committed a criminal offence. Help with what to do here next is appreciated.

 

On next to CapQuest. These hold two alleged accounts in my name. One of these is a Halifax Credit Card. They have gleefully produced a CA, demanded full payment and threatened court action. This CA turned up after the 42 day limit so can only be enforced with a court order and also there are several prescibed terms missing from the CA, so it is unenforcable and was not properly executed. On this alleged account, I have had terrible telephone harassment from CapQuest. I have even had a letter telling me they have investigated me and found me to be working and if I don't turn up to court and tell the truth the Judge can commit me to prison. I have sent them a letter asking for an investigation into investigating me and the only reply I got was could I supply them with my previous address. No, coz there aint one! Obviously these need a letter regarding the dodgey CA and their non-compliance within the time limit.

 

The second CapQuest alleged debt preports to be with Egg Credit Card. Non-compliance of CA within 42 days and no further correspondance has come from CapQuest about this account. Suggestions?

 

Onto Cabot - aren't I lucky? Actually Cabot have been quite fair with me under the circumstances. This is an alleged Student Barclaycard debt. No CA produced within 42 days, only a very illegible microfische photocopy of an application form. Not heard a word from them since. Again, this needs addressing as bless 'em, they have been fed a right dummy by Barclaycard.

 

NatWest via Fredrickson International and our dear friend, buddy, pal, Bryan Carter Have already S.A.R - (Subject Access Request) NatWest for all info last year. Recieved bloody tonnes of paperwork, however, they kept telling me I opened the account in 2004 and did not produce statements from any earlier, yet they sent paperwork stating I opened my account in 2002 - which I did! The entire overdraft can be accounted for in charges. I CCA'd Fredrickson and they have completely ignored me. Bryan Carter & Co told me I won't get all the charges back so 'hey lets settle for half'. I ignored them, they ignored me. Fredrickson have committed.

 

Next onto Halifax/1st Credit. Hello Mr Bully Boy, yes it's your turn now my dear! (Makes him feel wanted). Strange letter arrived about another Halifax Credit Card stating 1st Credit were to now deal with this alleged account and Halifax have sold it to them. A letter arrived a couple of days later in the same typeface and the same strange bar codes and stuff, stating they owned the debt. I heard they were great telephone harassers - as Mr Bully Boy has shown to other members here - and as soon as the first phonecall came a telephone harassment letter was sent off. Mr Bully Boy didn't like this and sent me a very threatening letter and threatened me with personal court action for taping any calls. Unfortunately, he doesn't understand the law and is pretty idiotic in his statements. I CCA'd them quick smart and S.A.R - (Subject Access Request) Halifax. No CA after 42 days. SAR was very scant - could learn a lesson from NatWest - and showed the alleged debt had been charged off in 2004 not 2007! Now they want my full and final offer and are harassing me via post for the alleged debt even though they have committed a crime.

 

Lastly, though I know there is another one which will need dealing with eventually. Lastly it's onto Capital One. This alleged debt ended up with me getting a CCJ which I should not have done. The payment demanded by the court was due on 17th of the month. I have proof an electronic transfer was paid on 15th of the month thus 2 days within the limit and an illegal CCJ has been sitting there for nearly 2 years. It turns out our wonderful man Bryan Carter has it down on the company records that the money was paid on 21st of the month and it would appear defence stating I was a full time carer was never shown to the court, hence the CCJ. Ooh and Capital One still have a large amount of the debt outstanding and up their sleeve waiting to pounce with another CCJ. I know removal of the first CCJ must be done and then an immediate CA and SAR on Capital One.

 

So, dear friends and enemies, round two begins!

[diskmandave]

Good for you Vampy!

 

We're all here for you! That must have took some courage getting all that off your chest, but hell I bet it feels good now?!

 

When I took that decision back in January just after finding these wonderful forums that are packed with the most fantastic people I decided there and then that it was bull at a gate attitude for the next 12 months solid, and it feels so good! Everything I know i've learned here too and been able to pass that experience back to others, and that's a fantastic feeling too!

 

Good luck, and like I said we're all routing for you!

 

Parade the troops!

 

Best regards, Dave.

 

[Curlyben]

Good on you Vamp.

Like Dave, shortly after finding CAG I decided to take the bull by the horns and give him a swift shoeing

 

So far it's going well even tho' these "people" haven't got a clue what they are talking about, just how to harress and send out the next comouter gen'd letter.

 

All good fun really.

Let's kick them where it hurts

 

As ever if I can help, shout.

 

Weenies sounds about right as there is definatly some "male enhancement" going on here. :D

[Vampyra]

Thanks for your support.

 

I suppose the first thing to attend to is the 2 incidences of a CA without all the legally prescribed terms and the one application form from Cabot. Any ideas about what I need to say to these people?

[Curlyben]

OK so are you going to "poking the bear" or just waait untill they ask for payment.

Either way this should do well:

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I would appreciate your due diligence in this matter.

 

 

I await your rapid response.

Or even

I refer to your letter dated xxxxx

 

I note that you have sent me a copy of the application form for this account.

 

However, on the (DATE YOU SENT CCA) I made a written request for a copy of the executed agreement under s77/78 CCA. This letter was sent by recorded delivery and signed for at your office on (IF THIS IS THE WAY YOU DONE IT).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA (AGAIN ONLY PUT THIS IF IT APPLIES).

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

I would appreciate your due diligence in this matter.

Yours faithfully,

 

8.1 What are ‘prescribed terms’?

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

*

* rate of interest – see Q8.6repayments – see Q8.9.

 

Sch 6 was not amended by the 2004 Regulations.

 

That should keep you going for a bit

[Vampyra]

Aw thanks Curleyben.

 

I'm going to poke the bear a little but non-the less due to my position I have nothing to fear by poking a bit.

 

Will get on with these letters now!

Thank you.

[Curlyben]

Obviously edit and amend to suit your needs.

It's amazing what I have squirreled away for occasions like this.

 

BTW there's only one E in Curlyben

[Vampyra]

Oops sorry

[Curlyben]

Hey No worries I get used to it as Yanks can't spell right anyway

[dom2]

Hello Vampyra

I'm subscribing. Good luck.

re. true copy of properly executed agreeement and proof of deed of assignment etc. etc. Make them prove it or report to TS and FOS. The FOS sounds the better because they charge the DCA £400'ish for the investigation. TS should be done as well though. This is where I'm at with DCAs now.

re. Student loans etc. It shouldn't be difficult for them to prove should it? And you know you took the loan. I'd be interested to hear what others think but I know that these DCAs buy the "debts" near the statute bar limit for variable %s. I've got proof of one at 2% and comments on the threads suggest others are around 10%.

It seems that you're untouchable really because you can't afford more than a very small payment. Could you therefore play hard-ball and push them for say 5% payment? Perhaps the 6 year statute bar Limitations act 1980 might be feasible as well but depends on date of last acknowledgement or payment.

[babybear39]

Oi! Hope you mean the DCA 'bear' and not ickle me

 

*insert smutty jokes here*

 

BB

[dom2]

... more ...

forgot to mention that you need to go throught the DCAs complaints policy before using FOS.

I've noticed (surprise surprise) that as soon as one asks for their complaints policy the DCAs realise you're on-the-ball and start behaving themselves. It's a very good negoatiating tool as well ... "if we can't agree x% FFS payment, I'll just HAVE to involve the FOS won't I?"

[Vampyra]

... more ...

forgot to mention that you need to go throught the DCAs complaints policy before using FOS.

I've noticed (surprise surprise) that as soon as one asks for their complaints policy the DCAs realise you're on-the-ball and start behaving themselves. It's a very good negoatiating tool as well ... "if we can't agree x% FFS payment, I'll just HAVE to involve the FOS won't I?"

 

I maybe not be untouchable but I don't acknowledge these alleged debts. They are not mine.

[Hopeful1]

Just wanted to say "Good Luck". The empowerment this site gives you is amazing. Each week i feel like i'm growing. Hopefully we'll all grow into bigger monsters than these DCAs...grrr!!

 

[Vampyra]

This morning a lovely letter came from Lowells about my Smile CA which is unenforcable on the lack of legally prescribed terms and because it was outside the 12 + 2 working day limit. I feel they have committed an offence by not providing me with a correct CA in the 42 days but I guess that could be open to interpretation.

 

The letter from Lowells says they have been in touch with Hamptons and the alleged debt is still outstanding. So they are giving me til 30th June 07 to make full payment which they have reduced by 50% or they will pass it on to Red Collections - yet another "trading style" (read here "Lowells under a different name at Apex House, probably on another floor!), gets involved. Now. Red already sent me a letter today saying the Clowns at Apex House have passed it onto the Red Nosed Clowns at Apex House.

 

Strange, didn't think it was 30th June 07 yet - maybe I have gone insane!

 

As I see it they know they cannot enforce the debt and they know the CA isn't a legally correct one hence the 50% discount they are trying to offer me!

[Tau]

Subscribing.

[babybear39]

Oh dear...Clowns now, as well as morons and weenies

 

Bigger shovel time? PMSL...

 

*hugs* to you and your mum,

 

BB

[clutchingatstraws]

subscribing

[rory32]

I feel they have committed an offence by not providing me with a correct CA in the 42 days but I guess that could be open to interpretation

They have actually complied with your CCA request. The agreement they sent you just doesn't comply with the Act so isn't enforceable.

[babybear39]

Hey Rory32

 

Might I refer you back to a previous post on this thread

 

*hugs*

 

BB

[Curlyben]

So Vampy, what's happening ??

[Brassed off]

Subscribing - this is going to be interesting

[Vampyra]

Just an update - nothing is happening except for some 1st Credit/Halifax/LCS Solicitors activity!

Will keep you updated!

[Vampyra]

OK just want to update fully in one post so if anyone sees something I have missed then they can advise.

 

HALIFAX cc/1st CREDIT/LCS Solicitors:

 

1st Credit's CCA 42 Deadline passed on 3rd June 2007. No CA was forthcoming. They have continued to harrass via post for payment of the alleged debt. They have ignored the CA request and have mentioned no more about it.

 

Halifax sent me a terribly weak set of printed pages outside of the 40 day S.A.R - (Subject Access Request) deadline which allegedly show a debt. The alleged debt was "charged off" in 2004 but even though it was sold to some DCA I only have documentation to say it was sold to 1st Credit in April 2007. I should also note that I got no letters or DoA or anything else relating to the alleged debt, in the S.A.R - (Subject Access Request) - only these silly printed pages. The letters saying 1st credit owned the debt arrived before I CCA or SAR them. They have since written to say they will give me my £10 back and they are not required to keep manual records and corrections on any accounts. I am not sure about this.

 

LCS are the legal department of 1st Credit in Omnibus House in Lesbourne Road, Reigate, Surrey. They are now threatening to take me to court for the alleged debt - even though no CCA or a properly compiled SAR has been complied with.

 

I think it is time for 1st Credit to be made aware of the Law about alleged debts and CCA's as I think they are just brainless in their dealings.

 

CapQuest 1/EGG cc

 

CCA request passed 42 day deadline on 2nd June 2007. They did not comply. Heard nothing and not going to waste paper on them.

 

CapQuest 2/Halifax cc

 

Sent a piece of paper which they say is a CA outside of the 42 day deadline. It falls short of being a CA on all 3 of the legally prescribed terms. Sent them a letter informing them of such and wanting a ceasation of all Data Processing, ceasation of harassment and compensation. Awaiting reply.

 

Lowell 1/Barclays Bank Graduate overdraft

 

CCA'd at same time as others. Have recieved official notification that they will no longer persue the debt as Barclays cannot provide the CA for the extended Graduate Overdraft. ***RESULT***

 

Lowell 2/SMILE Co-Op/RED Collections

 

Again sent a CA which falls short of the 3 legal prescribed terms and I have told them so and want the ceasation of all Data Processing, ceasation of harassment and compensation. Awaiting reply.

 

Cabot/Barclaycard

 

They sent me an illegable application form and want me to pay the alleged debt. Sent them a letter reminding them they sent an application form which does not mean I even had the debt. And that a CA has to include certain prescribed terms. I have asked for ceasation of all Data Processing, ceasation of harassment and compensation. Awaiting reply.

 

NatWest Bank/Fredrickson International/Bryan Carter & Co

 

Entire overdraft was created with charges. SAR NatWest who have omitted 2 years of statements and refuse to admit I joined the bank 2yrs earlier than they say, even though I have written proof I did.

 

CCA'd Fredrickson after getting a nasty letter from our friend Bryan Carter. Never heard a dicky bird since. CCA 42 day deadline was 2nd June 2007.

 

Now, where do I go from here? Is it now reporting to Trading Standards and Information Commissioners Office and such like? Can someone give me some pointers as to what info to include in these letters and what to ask for, please? And what additional info I need to send, for example copies of letters and stuff?

[Vampyra]

1st Credit have now passed me on to the DEBT DEPT of their company and if I don't reply in 7 days, they will assume I don't wish to deal with the matter. Er...sorry 1st Credit - you've committed a CRIMINAL ACT with no CA - TAKE ME TO COURT!