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    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

co-op Have No CCA for my Card - Now Lowells Chasing me


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Hi All,

 

I have a query regarding my Coop Credit Card.

 

Basically the coop send me statements each month with the incorrect APR shown. When I question this they always say to ignore it as they are calculating the right APR. However they cannot tell me what my APR should be (maybe due to lack of agreement:)).

 

I have an outstanding balance of £9k and wondered what they can ask me to pay if they dont have an agreement???

 

I sent a CCA letter on the 3rd Feb 2009 and have heard nothing back. What is my next course of action??

 

Also, I forgot to keep the strip from the Postal Order so cannot tell if tehy cashed it or not. MY bad. But I do have the Recorded Delivery receipt, which they signed on the 5th Feb 2009.

 

Any help is appreciated.

 

Mr Digots

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Send this letter off to them as they are now in default of your request for a CCA.:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

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 as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are 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 expired

 

As you are no doubt aware section 77(6) 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.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said 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 constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. 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,

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Hi Clemma,

 

Thanks for the quick reply.

 

Just a quick question. What will happen next, do I have to pay any of the outstanding debt? or do I pay the balance minus any interest they have charged on the account. Just a bit confused on this issue.

 

From reading the above it seems as though I will simply stop paying any more from that account if it goes into dispute??? Is that correct, the last thing I need is for them to chase me for the balance (minus any interest charged).

 

Many thanks

 

Mr Digots

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You can stop paying them now as the account is in dispute. They will no doubt chase you and perhaps even sell it on to a DCA (which they CANNOT do whilst in dispute - come back here if that happens). Just remember, whilst it is in dispute they KNOW they cannot ask you for payments/take further action etc.

 

Whether they follow the rules or not remains to be seen. Do not let them bully you in to paying. Do not talk to them on the phone (just refuse to go through security) and tell them everything in writing. You are well within your rights to with hold payments.

 

Keep us posted!

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Hi Clemma,

 

Thanks again for the quick reply. I will send the letter off today.

 

If they come back and say they cannot find an agreement do I have to pay ANY of the outstanding balance? Or is it all wiped off.

 

Also, while in dispute, if I stop paying them, then they find the agreement can they take any action against me, ie charge late payment fees or close the account and ask me to pay the balance immediately.

 

Thanks for all your help, I really appreciate your time and effort.

 

Mr Digots.

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If the agreement comes back unenforceable, it does not mean the debt does not exist. What it does mean is that the co-op can take no action against you to get you to pay. In effect, you can stop paying them and after 6 years it becomes statute barred (during the 6 year wait they CANNOT pursue you ;)). For as long as this is in dispute you do not have to pay.

 

If, however, they come up with a valid CCA within this 6 years, then they can pursue you for any outstanding debt. They could produce one in 12 months, 3 years etc., and you would then be liable to pay as the account would no longer be in dispute. As for making you pay it all back in one go.......they may well ask, but you pay them what YOU can, not what they say you have to. If they don't agree then they could take it all the way to court (which takes a long time and costs them money), but a judge will only award them a monthly payment based upon your income and expenditure.

 

The 12+2 days originally given to them is the timeframe they have before you can place the account in dispute. It is then up to them to prove otherwise.

 

Hope this helps (and makes sense)....

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Many thanks again Clemma.

 

That makes total sense to me :)

 

I wouldnt mind if they did find the agreement, at least then I would know what I am supposed to be paying. I am sure it is 1% above the Northern Rock base rate (The CC was linked to the mortgage rate before the co-op took over the accounts) but I cannot find any documents to prove this and they are sending me statements saying my rate is 15% etc...

 

On another note, in your template above you have

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

As I have not had any response from them I assume I should remove this reference before sending.

 

Thanks for the help, will report back when I hear something.

 

Mr Digots

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Thanks again Clemma.

 

Sorry for all the questions but at what stage do I stop payments?

 

Is it after they receive the next letter or can I stop them now? I am due to pay them by direct debit on the 1st of March.

 

No problem - thats what CAG is here for!

 

As the account is in dispute now, you can cancel that direct debit and not pay them until they produce your valid CCA ;)

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Nice one, I didnt start this process to get out of paying the debt I owe, but as I see it they simply messed me around and never reply to letters etc.

 

I have had a bit of a battle in the past with them marking my credit file with late payments when it was their own fault etc so I have no sympathy for them. Im sure they will sit up and listen now though. Lets see how it goes.

 

This forum is great for helping people like me fight the long battles. :)

 

Much appreciated.

 

Mr Digots.

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  • 2 weeks later...
No problem - thats what CAG is here for!

 

As the account is in dispute now, you can cancel that direct debit and not pay them until they produce your valid CCA ;)

 

Well, I received a letter regarding the cancelled Direct Debit and how to make payment etc. but I have had absolutely no reply to my 2 recorded letters requesting the CCA??

 

What do I do next??

 

Thanks in advance

 

Mr Digots.

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Once the 12+2 days are up you can send them the dispute letter. You say you sent it on the 4th March, so there time will be up on the 24th March. This is the letter you need:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

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 as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are 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 expired

 

As you are no doubt aware section 78(6) 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.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said 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 constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. 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,

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Hi Clemma,

 

Thanks for the quick reply.

 

The one I sent on the 4th March was the 2nd letter requesting my CCA as you instructed I should do, they did not respond to the one I sent on Feb 3rd either.

 

They just sent a letter to say the Direct Debit had been cancelled and I should pay asap.

 

Hope that helps.

 

Mr Digots.

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Did you not say your first one was lost in the post??? If not, then send the dispute letter straight away!!!

 

Hi Clemma,

 

Thanks for the reply.

 

I think we have crossed wires :)

 

I sent the first CCA on 3rd Feb which was signed for on 5th Feb.

 

I then posted the question on this thread asking what I should do as I hadnt received any response.

 

You advised that I send the letter as you quoted, which I did on 26th Feb. That letter was lost in the post so I sent another one the 4th March. That one was signed for ok but I have heard nothing back except to say my DD was cancelled.

 

Hope that helps.

 

Cheers

Mr Digots

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Yep, definitely crossed wires lol - I should have read back through the thread :) They probably won't respond to the dispute letter to be honest. Chances are it will be passed on to a DCA (they can't do this by the way - if they do, come back here)

 

You can go down another route, HERE. The letters are posted on that thread that you can use. Have a read through it first.

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Hi clemma,

 

I am getting a few phone calls now from them, I am out to work all day so they are just leaving automated message for me to ring them. Obviously they are just ignoring my letters.

 

Do you think I should send another letter asking them to stop calling and to send me the CCA?

 

Cheers

 

Digots

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You can send the telephone harassment letter to them (courtesy of diskmandave :)) It's pointless sending them anymore letters - have you the proof that the ones you have sent have been signed for? If so, then they are well aware of their obligations.

 

-HARASSMENT WARNING-

 

WARNING;PROTECTION FROM HARASSMENT ACT 1997;

 

WARNING; COMMUNICATIONS ACT 2003, S127.

 

TELEPHONE NUMBER

 

Re: Harassment by telephone

 

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

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  • 3 weeks later...

HELP!!!

 

I have now received a 'Warning - Default Notice is Imminent' letter from the coop.

 

Can anyone advise what I should do now. I already sent them 2 requests for my CCA but have not had any replies other than the phone calls and this letter. Is the Balloon Street address the right one to send to??

 

They are constantly ringing my phone (which I do not answer as suggested in other threads).

 

Any advice is appreciated.

 

Regards

 

Mr Digots!

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I have the same problem with the co-op after 3 months they came up with my northern rock cca but it is unenforceable I have had the account in dispute since jan. but they defaulted me.They will not answer letters or stop calling, if you send the telephone letter they ignore it.I do not speak on the phone and have continued to hold the account in dispute they have said they are passing mine onto a DCA but while its in dispute they cant.If I was you pay them nothing dont talk on the phone and wait for their next move.

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  • 3 weeks later...
I have the same problem with the co-op after 3 months they came up with my northern rock cca but it is unenforceable I have had the account in dispute since jan. but they defaulted me.They will not answer letters or stop calling, if you send the telephone letter they ignore it.I do not speak on the phone and have continued to hold the account in dispute they have said they are passing mine onto a DCA but while its in dispute they cant.If I was you pay them nothing dont talk on the phone and wait for their next move.

 

Ok, They have now sent me a letter to tell me my account has been closed and to return any credit cards I have. They are asking for the full balance to be paid off i believe.

 

They have also sent me a letter telling me someone from Power2Contact will call into see me within the next 10 days???? wtf?

 

What do I do now, I dont want people turning up at my door?

 

Should I talk to them and explain the account is in dispute.

 

Cheers

 

Mr Digots

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I have had the same letter. I wouldnt talk to anyone if power2contact contact you then write and tell them it is in dispute, also send a letter there is a template on here telling them nobody is to call.I didnt return my cards I cut them up as I was told on here not to return.

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I have had the same letter. I wouldnt talk to anyone if power2contact contact you then write and tell them it is in dispute, also send a letter there is a template on here telling them nobody is to call.I didnt return my cards I cut them up as I was told on here not to return.

 

Ok thanks mate.

 

Why dont they simply reply to my requests and say they are looking for my CCA, b***tards. :confused:

 

Will keep you updated.

 

Mr Digots

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