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Jesteruk

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  1. Well done Pinky, Been a while since ive been on here dealing with the likes of Mr Farter etc, but im back to start again...... 2 x CCJ 7 x Defaults Lets see how long it takes to clear..... Again well done, looking forward to reading all those victories!!
  2. Shop direct and CAM are the one and same company, i have a similar problem with them myself. Fire off yet another letter but advising them that should further defaults appear from other associated companies, then you will take legal action. Hope it helps
  3. LMAO! my wife was asked to go and find out the registration numbers of the vehicles her ex drives, they cant find him, 5 years he has avoided. Yet i cant see how they can miss him, we have given, Car details, employer details (including payroll number) even provided a copy of his entry on the registars poll, and they cant find him...more like cant be bothered... oh well think this is going off track - time for bed......
  4. I know what you mean, my ex wanted 250 per month so i set it up as standing order, she wasnt too happy when i wanted reduced payments, so I contacted the csa, told i only had to pay £135 per month. yet i ended up gettin hit for 40% because the employer was not paying CSA. and ended up with a court summons! Great. But the best bit was i found out last week that my son has not lived with her for over year! - So i wonder if they wanna pay me back them?? - i doubt it! LOL oh well 2 years to go!! LOL
  5. I was made redundant in Jan this year and obviously signed on. Now i work part time occasionally behind a bar, say 8-12 hours as and when required. Now being the honest guy i am i have always decalred this. They have then adjusted my benefit depending on how much i have earnt. Now since May this year they have introduced a new system of checking the work etc. But i recently i notieced my payments were not correct. For example if in the first week i earnt £30, they would reduce my benefit accordingly, and i would presume week 2 where i didnt do any work would be full benefit. WRONG. There new system automatically presumes i also worked in the second week when in fact i havent. I only noticed this after recieving a benfit payment for £60. for 2 weeks money when in fact it should have been £100. The staff are unaware of this problem, and are now having to recheck every payment since January. If you do part time work whatso ever, double check the figures they send you!
  6. As far as im aware there is something within the banking code of practice which covers this: 13.6 We may give information to credit reference agencies about the personal debts you owe us if: • you have fallen behind with your payments; • the amount owed is not being disputed; and • you have not made proposals we are satisfied with for repaying your debt, following our formal demand. Details here Make an official complaint to your bank in writing requesting that the information be removed until the dispute is resolved
  7. JD i wish you all the best. Last year i ended up quiting my job because CSA were slapping me for 40% of my income depsite having a disabled wife and her 2 children, yet they couldnt find their father!! They wont take your living costs into consideration, BUT housing and council tax benefit will take into consideration that your paying the CSA & will offer you a reduction in C Tax You mention about them wanting your partners income details, Now this is the hypocrytical part.......They will not include your ex's new partners income if she had one in there workings. I found the best way to deal with the CSA is to go direct to your Local MP. Once he has stuck his/her nose in then your case will be moved to the Falkirk office, where i found them actually helpful (yes i know amazing) again i wish you the best
  8. On monday pop into your local council offices and advise them of their errors. They should obvioulsy correct it. For the arrears, the majority of councils are very reasonable when it comes to repayment, and quiet clearly this overpayment/arrears was caused by their incompetance. Good luck!
  9. Well i was lucky to get the summary! After i sent the above letter i recieved the following Attempt at resonding to my CCA You will find its probably the same rubbish you have recieved. If it is. then just reword the letter to match what you have recieved. You will probably then go on to receve a blank credit aggreement form and a copy of the terms and conditions. They are hoping that you are stupid and niave to think its a properly executed document. Just replace that paragraph with the following text: To be honest im quiet amazed that despite you receiving my request for a copy of the agreement over a year ago, all you have sent me in the year is a photocopy of my name and address details, Surely i do not need to remind a firm of solicitors, the requirements of a CCA request. But if your unsure please continue reading. That should get them to either a: send you the correctly executed CCA, (Very doubtful) B: Return the account back to LW As for postmarks and offices, if you have not already done so have a look for Brian carter, He has various companies which he goes by, some buy the debt whilst others chase it on behalf of the company that brought it. and they include the follow: Brian Carter & Co Solicitors, CAM (Credit Account Management) Pheonix Recovories (Mainly buying Shop Direct accounts) Crellins Carter Solicitors. His main offices are in Weybridge and you will probably find that the letter was printed and sent by Pheonix Another company associated with them is Frederikson International, and if im correct they are a Belguim company. Im sure others will give you an even bigger insight into his world! Best of luck
  10. Ive had exactly the same issue regarding BC & LW With BC blatently ignoring my letters or just binning them, in the end i sent the letter directly to LW, within 2 weeks i had receieved a letter from BC closing the case. Send this to LW and hopeully BC will close the file - Good luck Dear Sir/Madam I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT. Thank you for your letter dated XXXXXXXX; its contents have been noted. To be honest im quiet amazed that despite you receiving my request for a copy of the agreement over a year ago, all you have sent me in the year is a “Summary of Transactions” On XXXXXXXX, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78. You failed to comply with my request, and as such the account entered default as of XXXXXXXXXXX. Please note the following: I have made you aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a Credit Agreement to be carried out before your client enters into a default situation. This limit has now expired. Section 77(6), of the Consumer Credit Act 1974 states: “If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said Credit Agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action that constitutes unlawful harassment. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a Credit Agreement is a very clear dispute and as such the following applies: ▪ You may not demand any payment on the account, nor am I obliged to offer any payment to you. ▪ You may not add further interest or any charges to the account. ▪ You may not pass the account to a third party. ▪ You may not register any information in respect of the account with any credit reference agency. ▪ You may not issue a default notice related to the account. ▪ You must remove information logged with any agency which you claim you assert the rights to. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours Faithfully
  11. Well that email certainly did the trick! Heres there reply: Good Afternoon, Thank you for your recent email. Following your email, I have referred your query to Shop Direct at their request for further investigation. In the meantime your account will remain on hold, and will be on hold until this matter is solved. I can also confirm that Bryan Carter have also closed this account due to the ongoing dispute. Once we receive a response from Shop Direct, we will of course keep you informed. They have now had a reply asking them to remove the adverse info from my file. Hopefully they will action it! LOL
  12. Right this is a link to what they have sent: cca1.jpg picture by jesteruk1 - Photobucket To be honest it looks like it is held electronically, and this is just a print screen of the signature box!. in fact i can still read the header - edmonline dot com! also sent seperately (via email) was a blank agreement witha date of 2008. so the following reply has been sent : Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter and email you sent to me, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter sent to Carters in Feb 2008 My request remains outstanding. A form holding my details and a signature like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until 13th March 2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation If you continue to try to enforce this debt without complying with my original request your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the Credit Referance Agencies Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me. I look forward to your reply. Yours faithfully That should keep them at bay for another year i hope. any thing ive missed???
  13. Finaly had a letter from littlewoods regarding my CCA request.I will try and post the copy of what they have sent up here later, but basically they have sent the bottom half of what looks like an application form.......no prescribed terms, no terms and conditions........ will update shortly once i get the scanner working again
  14. Would you adam and eve it. Despite sending that previous letter, today i recived a "Copy statement" this just details credits and debits for the last 4 years......followed by the lovely phrase "We look forward to hearing your repayment proposals within 10 days" Yeah right only thing there getting is a copy of the above letter again. 3 years till it drops off my file! LOL
  15. Think its time for an update: Halifax have indeed purchased the debt back from the DCA, and blame it on an oversight. They have removed the defualt they placed on my credit file, Shame really wanted to put in another complaint to the IC. Im now putting together an application for hardship, well im now off work completely, and IMHO cant see anything coming in the near future. hard to belive this time TWO YEARS AGO i started this thread, how time flies! - And now im submiting a hardship claim....if im right they got 8 weeks. Thanks again to all that have helped in the last 2 yrs!!
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