Smoothly does it!

[Smoothy]

Well....best to start at the beginning, I suppose!!

I first heard about this site on GMTV. (First useful thing I’ve seen on TV for ages!)

I found it interesting as, like many others, I have had my fair share of unfair bank charges over the years and felt I was alone in thinking that these charges were in some cases, obscene. I was often charged £25 for a direct debit of £6.50 that if it had gone through, would have put me less than £1 in the red.

So, I joined the site and decide to try and claim back the charges from Nationwide. My thread here…http://www.consumeractiongroup.co.uk/forum/nationwide/26585-nationwide-proud-different.html

I started the process and got to LBA status and then fell ill again so I have not been able to lodge the N1 with the courts but It WILL happen!

Since then I have been avidly soaking up information on various threads and it struck me that the inefficiency of document storage that credit companies employ works in the consumers favour.

Now, in the past I have had various forms of credit and if I owe, I pay. Since becoming disabled though, I lack the finances to keep up regular payments. I have always kept in contact with creditors advising them of my circumstances and supplying regular budget statements. Some companies have been amiable and helpful, whereas, some have been downright rude, obnoxious and threatening.

After reading through the forum on Debt and Bailiff Advice, I feel that it’s my turn to get back at those that have hounded, threatened and charged exorbitant fees to me.

It is not my intention to mislead or defraud any company of money that is rightfully owed, more an exercise in compliance with the various acts that govern money lenders.

I will detail my process step by step and I would appreciate any advice or criticism that you have to offer. I have seen various posts title “Advice needed” or suchlike and I hope this post will go someway to enlightening those, who, like me, are wary of ‘rocking the boat’ in exchange for a quiet life!

By the way, I will happily donate 10% of any money I can recover to this site as I believe consumers need to have this invaluable information for free.

My first port of call is to check my credit file. Link here!..http://www.experian.co.uk/consumer/index.html

Ordered online, cost £2 delivered by post in 7 days.

Alternatively….http://www.joincreditexpert.com/experianpg/index1.asp?sc=410015&bcd=experianhmpgelndngt1 and sign up for the 30 day free trial. When you have the report, cancel the direct debit!

Ok. I’ve got my credit report now to see who has lodged what against me.

Well….this makes interesting reading, apparently my scheme of keeping creditors updated of my situation and payment offers may satisfy the creditors, but does nothing for my credit report. I have a fair few defaults lodged as non payments even when a payment figure was agreed on. The amount they say is outstanding does not correspon with my records.

So….next step.

Let’s see who can prove I owe them money. This is a test to see how well they keep their records.

CCA request will be sent to following companies together with £1 postal order. All letters will be sent recorded delivery. Allowing 2 days for delivery they then have 12 working days to respond. This means if all letters are posted on Wednesday 22nd November, if no response is received by Friday 8th December, they will be in default. If nothing is received by 8th January (1 calendar month after default) they will have committed a criminal offence and the debt is unenforceable.

1. INTERNATIONAL COLLECTIONS GROUP LIMITED Amount £869 Default registered

2. O2 communications Amount £65 Default registered

3. Capital One credit card Amount £83 Default registered

4. Welcome Finance Amount £1805

If there are no points raised, I shall send CCA to the above on Wednesday 22nd November.

Updates will follow.

Smoothy

[Smoothy]

Ok...update....

 

CCA requests were received by all (confirmed by Royal Mail) on 27/11/06.

 

Now...heres my query about Capital One account....

 

I received a letter in January of this year (before PPI was added) saying that as my account had defaulted (registerd on CRA) my account was terminated.

My claim for PPI was accepted and an amount credited to my account...

But Capital One say there was still an outstanding balance of £85 or so...

Having gone back through my statements, I have been charged £100 for late fees etc...

I received a letter today issuing a default notice through non payment...

 

1) Can they issue a default on an account that is terminated?

2) can they issue the default which in esscence is a duplicate of the previous default?

3) If they cannot provide the signed agreement under CCA request is the default valid?

4) As this default and the previous one lodged are a result of unlawful fees, can I demand they are removed?

5) If they cannot provide the agreement, and therefore the amount is unenforceable, can I still claim back the charges and get the defaults removed?

 

I know its a lot to ask but if I am to progress with this, I need to get my facts straight!

 

Smoothy

[Smoothy]

Quick update

Welcome returne CCA request with contratct today.

Next step is to issue S.A.R - (Subject Access Request)

 

It would be interesting to see what they return.....if all charges are listed.

 

Smoothy

[Smoothy]

Quick update....

 

I receved a letter from Crapital 1 today...

 

Der Mr Smoothy,

Thank you for your letter explaining your financial situation. i have enclosed an income and expenditure form for you to complete and return within 28 days....

 

WTF???

I sent them a CCA request. Hmmm.....does this constitute a copy of an executed agreement? I dont think it does Verity Billson

As they are already in default and may have commited an offence come 12 january, I see no reason to respond to this.

 

As yet not a dickie bird from GCC (dca)

And as for (un)Welcome Finance thats another one that may have commited an offence come 12 january!!

 

Smoothy

[Smoothy]

Just received a letter from Gus...who GCC were acting as dca for

Dear Mr Smoothy

 

Thank you for your letter date 27th November 2006. I believe we have complied with the requirements of section 77/78 of the Consumer Credit Act 1974. I cant see how, you still havnt sent the agreement to me!!

 

You are certainly indebted to this company as set out in the previous letter but it is noted that you are denying signing the regulated agreement, notwithstanding that you represented by your actions that you required credit. what your sayng is, you dont have an agreement?!

 

With reluctance, we have taken a commercial decision not to persue this matter.

 

Yours sincerely.......

So as a result of sending a cca request, and them not having one, the debt is wiped out....RESULT!!!

Now all I need to do is get the default that they registered against me, removed!! Letter going in the post as I type!

 

Smoothy

[Smoothy]

Just received a letter from Gus...who GCC were acting as dca for

Dear Mr Smoothy

 

Thank you for your letter dated 27th November 2006. I believe we have complied with the requirements of section 77/78 of the Consumer Credit Act 1974. I cant see how, you still havnt sent the agreement to me!!

 

You are certainly indebted to this company as set out in the previous letter previous letter? not had anything from you before!! but it is noted that you are denying signing the regulated agreement, notwithstanding that you represented by your actions that you required credit. what your sayng is, you dont have an agreement?!

 

With reluctance, we have taken a commercial decision not to persue this matter.

 

Yours sincerely.......

 

So as a result of sending a cca request, and them not having one, the debt is wiped out....RESULT!!!

 

Now all I need to do is get the default that they registered against me, removed!! Letter going in the post as I type!

 

Smoothy

[Smoothy]

Just got recorded delivery. lets see what it is....

 

 

I have investigated the issue you raised in regards to your allegations that Welcome Finance has not complied with your CCA request.

 

However, I believe we have provided you the relevant documents within the correct timescale by recorded delivery on 5th December 2006. You have confirmed this in your letter that you have received the agreement. NO, what I said was that I had received an A4 photocopy of the front of the agreement.

 

In order to clarify matters I have provided a further copy of the documents with this letter, which now makes your agreement enforceable. Errr no you haven’t! All you sent was another photocopy of the agreement and a statement of my account which shows you’ve charge me £832 in charges! (For another day!!)

 

So, despite my original CCA request, I still don’t have a copy of the T&C’s. So they still haven’t complied.

This is starting to get a bit silly. More like a paperchase! When they finally comply, which I’m sure they will, I can start claiming the applied charges.

 

It just seems weird that Alexandria Mace, who is the compliance officer that wrote to me, should know what constitutes an executed agreement. And seeing as they have sent most of it, why not the T&C’s?

I wonder what they’re scared of me finding?

[un1boy]

I have had the same with HSBC- they sent me an agreement, no terms at all and no statement of account.

 

They have now said that their DCA have found that I am liable for the debt and they are writing to me about it.....ho, hum!!

[Smoothy]

Well....we are all liable for our debts, its just wether they are enforceable!!

Lets face it, If these financial institutions kept their jouses in order and gave straight answers to our queries, we wouldnt have so many threads/annoyed members!!

I for one hope to get taken to court then at least I'll be able to show how much theyve screwed up my life.

If I could afford to take them, the case would be done and dusted by now!

 

Surely HSBC cant send to DCA if its in default?

And wheres our avatars gone??!

[un1boy]

Hi smoothy, the debt was already with the DCA.....the agreement is now unenforcable and they say I'm still liable (fair enough) but how are they going to make me pay it? They should remove all my data from the CRAs too, surely?

[Smoothy]

Unenforceable as in not able to persue under the terms of the agreement. The question is, is the amount enough to warrant taking you to court (even though they may be fined) or would it be in their best intrests to drop it.

[weaver440]

Hi Smoothy,

 

Have just come across your thread, how come no more updates? It was making for interesting reading, hope every thing is ok? How about an update?

[Smoothy]

Hi Weaver!

Well the reason for no more updates was because of the MIB!

It seems when I contacted a creditor or 2, they knew exactly my course of action and I can only assume that theyve been reading my posts!

Not only that, but it seemed that I was only posting for my benefit as nobody else excpt yourself and Un1boy had replied!!

Still, if its an update youre after.....

 

Nationwide..............................filed MCOL 12 April. Posted here.

Gus........................................No further action taken (yet) debt wiped out but default remains despite my letters.

Capital 1.................................Debt cleared, default removed and a new card! What a bargain!

O2 Communications...................Debt cleared off but default remains (for now!)

Welcome.................................They commited an offence after being in default over CCA request. Still they keep writing silly letters so i sent them SAR and all i got was a printout statement. Hmmm compliabce not their strongpoint!!

 

So there you have it! Not much happening at the moment. That is, until 10 may when Nationwide should have filed their defence.

 

But thanks for your interest Weaver!

Im still very active on the boards, putting my 2 penneth in as and when!

[un1boy]

Hiyia smoothy - thanks for the update

 

Will speak with u later!!

[Smoothy]

Hehehe is that a threat or a promise?!!

[Guest Ruthie P]

Smoothy, keep this updated, I read but have nothing very helpful to add so I just kept my trap shut!!!! Keep us updated hun, very interesting to me as I am going after naziwest obo my mum and am starting with a cca, want to read as much as I can about it before I do it though seeing as its her debt not mine, wouldn't want to screw it up for her...

 

Ruthie

[Smoothy]

As you asked so eloquently Ruthie, I spose Id' better keep up to date!

As events happen, I will update this thread.

Recently, I got a lovely letter from the peeps at First Credit. The gang down their wanted to make me feel welcome and at ease and suggested I give them a call for an informal chat about some debt or other that they claim to be managing on behalf of their clients.

 

So I decided I'd return the gesture and introduce myself with a lovely letter explaining the case of statute barred debt.

 

Ok I'll step out of comedy mode for a minute if I may....

This alleged debt....is for £1700 to RBoS. A credit card debt no less.

I thought I'd heard the last of this about 8 years ago when I told RBoS that I knew nothing about it.

Then all of a sudden....contact is re-established!. So I sent them a standard statute barred letter and that was it. Nothing for 2 weeks.

Then, A lovely letter came from Connaught Collections. Telling me that they were issuing proceedings for recovery of this debt on behalf of 1st Credit. So, i sent them a copy of the letter I'd sent 1st and asked them to supply a deed of assignment before i would communicate further on the subject. Didnt hear anything back.

THEN......(switch to scare mode)

A letter fell on my mat from Bishop Investigations treatening me with a bankrupsy order under the insolvency act. When I read this my knees were shaking and my legs went wobbly in fact I was almost in tears from laughing so hard!

So....I sent them copies of other letters and asked them to provide proof of this alleged debt.

 

Today I got 2 letters from Connaught Collections....one thanked me for the letter to them and the other thanked me for the letter to Bishop Investigations....bothe concluded by telling me they are no longer dealing with this matter and have handed the case back to 1st Credit.

Aside from the fact that they have disregarded OFT advise in that they

1. Used more than 1 company at a time in debt collection
   
2. Used letters in an attempt to intimidate or scare me
   
3. Constantly passed around my personal data to god knows how many people without my consent (i know its a dpa issue but i thought what the hell!)

the fact that they have yet to substantiate their claim and yet still continue to persue the matter is really annoying.

Still...if they carry on with these antics, I'm gonna have a huge court bundle against em!!

[Guest Ruthie P]

it just gets better and better with these people, I really am considering the 'stash money under your matress option' and doing things the old fashioned way....like saving up for stuff...not letting these people have a chance to rip me off any more! lol power to the people....

[Smoothy]

Absolutely!

I just cant understand the mentaliy of them. Theyll probably wait another 6 years and try again in the vain hope that I'll have forgotten!!

I have found that in the instances that Ive sent CCA requests, most of them prefer to hand the file back to its originator thus removing themselves from any connection with the case or they write back apologizing that they are unable to comply and will not persure the matter. (that is until 6 years later when they try their hand again!

[ODC]

They know its statute barred from their records. The debt still exists however. They break the law when they make any illegal demand for it or lead you to believe the debt is still enforcable by their actions. There is sweet FA that they can do about it after it becomes Statute Barred other than ask politely for it. If they want to waste their time, money and effort thats up to them. All their threats are empty

[Smoothy]

Quick update on Nationwide claim.

See here.

 

Smoothy