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emmie42

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About emmie42

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  1. So I received a letter saying I was going to have a doorstep visit so I sent them the following email: Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Then, today, I receive a letter from them stating: "In relation to your comments surrounding our letter advising the possibility of a doorstep visit, you are not correct in your assertion that, under OFT rules, we can only call at your home if you agree to make an appointment. The debt is not reasonably disputed or deadlocked, and we are giving you reasonable notice of the timing of the intended visit. In law, a creditor is in a different position to a postman or a member of the public asking directions. When you opened this account, you impliedly agreed that the creditor could communicate with you to discuss repayment. You do not have the contractual right to revoke that agreement until the loan has been repaid." Can someone please help me out here? Are they correct? Thanks
  2. I only found out that they were meant to be able to do something. I asked them at the timne to cancel the transactions as I had not authorised them and they said they couldn't.
  3. Because I only found out yesterday that they have been able to do it since 2009. I assumed they were telling me the truth!
  4. Amazing, I would have loved to have been a fly on the wall! Do you think it is worth a letter to them or have I missed the boat?
  5. Yes, basically. They said that because a financial relationship existed they could not refund my money. This was nearly 18 months ago though. How would I even go about reclaiming it? Natwest seem to be quite incompetent at dealing with CPAs froom what I have read!
  6. After the payments were taken I rang them and said that I had not give permission for my debit card to be used. It was a new debit card! Natwest said that because I had once had a financial relationship with CFO, thatI had given permission so they could not refund the monies.
  7. Hi all, In Feb 2011 Capital Finance One took £353.00 from my account over 2 days. Natwest said they could not stop it. Is is possible to reclaim this now or am I too late? Thanks
  8. Hi, I have recently been pursuing refunds of ppi with these companies and have had offers of compensation. However the accounts were included in an IVA which successfully completed in March 2011. Both of the companies initially came back and said that they were deducting the compensation from the outstanding loan amounts, but I wrote to them both and included a copy of my completion certificate. Black Horse have agreed that there is no longer a balance on the account and have issued a cheque to me on the 22nd December. I have not received this cheque and have asked several times for them to issue a new one but I get told something different every time I ring up. Citi are still looking into it as they seem to have no records that the account was in an IVA or that it was paid off. I have had to get the IVA company involved to provide proof. Is there anything I can do to get Black Horse to hurry up and to give Citi a bit of a rocket up the you know where? Thanks
  9. Not sure about a default notice. Don't think so but will have a look in my paperwork.
  10. Ok, have managed to sort it out in my head! The original loan was taken out on the 9th Nov 2010 and £58.49 was repaid on the 30/11/10 as per the agreement. The remainder was due on the 31/12/10. The loan was then rolled over on the 15th December and a new credit agreement was issued. No repayments have been made since then despite me trying to set up a payment plan (I have emails to prove this). Communication came to a halt May/June time this year as they stopped communicating in writing and kept phoning me. I told them I would only communicate in writing. Nothing then until the court papers yesterday and then today I received a nice shiny gold envelope in the post (thought it was an Xmas card!) with a letter in from them. I have scanned all documents and uploaded to Photobucket at http //s1221.photobucket.com/albums/dd479/emmie421/ Thanks
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