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  1. Sorry Adie1965 for delayed reply - my PC went on the blink. Actually, my broadband went down - warning, don,t ever be tempted to switch to Talktalk unless you're fluent in Punjabee or whatever! Sorry, that sounds a wee bit racist but why do we have to 'phone the other side of the world each time we need to call a Call Centre? I digress - no joy whatsoever from RSB who insist that how they repay the charges is entirely up to them and have thus repaid directly into an account I haven't used for 4 years.
  2. RBS have agreed to refund the charges on an account I had with them until approx. 3 years ago. I thought this account was closed but RBS say it is still open, even though I have had no contact with them for that time and have opened an account with another bank. Since leaving RBS I have a CCJ for repayment of the overdraft and loan that was outstanding which I have benn paying regularly month by month. RBS want to pay the refund of their overcharging into my RBS account. As I have other debts with other companies , brought about directly or indirectly by the financial problems caused by RBS's overcharging, I have as much obligation to settle those other debts to these other companies as I have to RBS. Can I therefore insist that RBS refund this repayment to me by cheque or into my current account with a different bank, rather than directly into a RBS account I was under the impression I had closed 3 years ago?
  3. Having originally sent a CCA request to Cabot on 1 March, 2007, I heard nothing from them and so, on 17 April, sent them a letter pointing out that they had failed to respond to my request and that, until and if they supplied the requested copy agreement all payments to them would stop. I also asked them to remove the default registered by them with the CRA and this they have not done. I have now received the following letter from them and you will forgive me if I reproduce it almost fully (ie. relevant facts) and ask you how I should respond to this letter, which I admit I do not fully understand: " We are currently investigating your concerns and shall aim to provide you with our resonse within 10 working days. However, in the event we cannot respond within this time limit, we shall notify you as to when you may reasonably expect a response from us. I confirm we received your previous letter of 28 Feb and following this, we have requested a copy of the agreement from the Creditor, Capital One Bank(Europe) Plc. Unfortunately however, we are experiencing some minor delay in furnishing you with a copy of the credit agreement that you signed. We shall send a copy of the agreement as soon as we receive the same. However, I should advise you that legally it is not our obligation under section 78 of the CCA 1974 to supply you with a copy of your credit agreement as we are not the creditor. We can only assist the creditor in supplying a copy of your credit agreement and therefore we previously accepted your payment of £1. Notwithstanding the above, we are legally entitled to enforce the credit agreement for the reasons below. Cabot Financial(UK) Limited, which is part or the Cabot Group of Companies, purchased your account from Capital One Bank (Europe) Plc and therefore Cabot Financial (UK) Ltd is the legal owner of your account. The rights, but not the duties, of Capital One Bank (Europe) Plc were assigned to Cabot Financial (UK) Limited in dealing with your account and therefore Cabot Financial (UK) Limited is the assignee of your account and not the creditor. It is therefore that we are legally entitled to collect any outstanding balance on your account. Cabot Financial (Europe) Ltd. is the servicing company of the Cabot Financial Group and contracted agent for Cabot Financial (UK) Ltd which can collect the outstanding balance on your account. You have therefore received correspondence from Cabot Financial Financial (Europe) Ltd. in relation to your account and any data being processed for such purposes is processed by Cabot Financial (Europe) Ltd who have received the data from the creditor. You are further misconceived that non-compliance with your request amounts to a criminal offence. Under section 78 of the CCA 1974,if the creditor cannot supply you with the relevant credit agreement within the specified time period, the creditor cannot enforce the credit agreement until the creditor provides the information. However, as above-mentioned we are not the creditor for the purposes of the CCA 1974 and therefore this issue does not apply to us." Now, after all those 'therefores' and Cabot this and Cabot that - could someone please help me to understand what this all means. And how, if at all, I should reply to this.
  4. This is hardly the place for a family conversation! If you're good you can have my Yamaha - so why don't you get bike lessons and a licence a.s.a.p ?
  5. Ok,so the 42days are up and not a word from any (Cabot, Wescot and DLG). So, I assume I now do not pay a penny to any of them. But, in order to improve (will it?) my credit rating, can I ask them to remove the default information on my credit account information from Experian? And if so, how do I do it?
  6. It's a personal account. There are in fact two charges each month: one is for a fixed amount in most cases ie.£30. The other is a varying amount, different each month. There is no mention what they are for.
  7. Each month there is an entry on my statement which reads eg. INT TO 08MAY A/C ******** CHG TO 08MAY A/C ******** This is what I mean by 'monthly charge'
  8. Thanks for replying, Bong. On the first s/s I entered all charges for unpaid DDs/unpaid cheques and card misuse. Total: £4,385.00 On the second s/s I entered the monthly charges and interest charges. Total:£1,527.38 Should I be claiming both together? ie. £4,385 + £1,527.38 = £5,912.38
  9. Forgive me, guys but alot of your language goes staight over my head. I'll try and make it simpler for me to understand! On my first attempt at simple interest the total amount of charges is £4,385 and the "interest" on this is calculated at 8% to be £1.729.35. On my second attempt at complex interest the totals read as follows: Penalty charged: £1,527.38 8% on penalties: £454.65 Interest on penalties: £224.41 8% on interest on penalties: £58.24 So, what is the amount of "overdraft interest" entered on the preliminary letter. Again I'm sorry if this makes me sound a complete thicko but I ask you to be patient with me!
  10. I know I am incredibly thick when it comes to money matters but I cannot get my head round what interest I can claim. Filled in spreadsheet for charges eg. unpaid DD, cheques, etc. and each entry gives an 8% interest figure. Is this what I claim and enter into the preliminary letter or is this the interest that I can claim later if it goes to court? Each month I have two "Charges to (date)" and an interest charge also. Is this the interest amount I should enter in the preliminary letter? Sorry if this makes sense to some you on this worthy site - but it means b***** all to me!
  11. I've diligently read all the various threads regarding Cabot but still do not know how I should respond (if at all) to the reply I have received following my request for the CCA agreement. Cabot reply: Cabot Financial(UK) Limited, formerlt Kings Hill(No.1) Limited, which is part of the Cabot Financial group of companies, purchased your account from Barclaycard and therefore Cabot Financial (UK) Limited is the legal owner. The rights but not the duties were assigned to Cabot Financial(UK) Limited in dealing with your account and therefore we are legally entitled to collect. We will assist you in providing a copy of the agreement but please note that we are not obliged to as we are not the creditor. Do I reply or just sit out the 12 (expired) plus 30 days? The letter was written to Cabot Financial (Europe) Ltd. and it is they who have replied. Are they trying to differenciate between Cabot Europe and Cabot UK ? Would be very grateful for advice and/or assistance. Keep up the great work!
  12. I'm very new to this whole thing and also, I realize and admit, almost totally ignorant of matters of finance, financial terms,etc. I call it the 'the Red Mist'. So, I'm strugging with the whole site and business. The bank charges I understand and will shortly be starting the process of claiming from RBS and also a loan I have from Blackhorse/Lloyds. But I also have two old credit cards - with Citicard and Capital One. The cards have long since been destroyed and I have been paying off what I owe by monthly payments. Citicard sold? the debt to Hillesden Securities Ltd. Capital One recently wrote to tell me that future payments should be paid to Cabot, who had taken over the account. I don't think it's a case of claiming unfair charges, more of clarifying whether either company has the right to even ask me for the money. I have been told that if a company (debt collector?) cannot demonstrate that they 'own' the debt - I am not liable to make any further payments. Sorry if some or none of this makes any sense but I really would be grateful for guidance in these matters.
  13. If I change my bank before starting a claim against Blackhorse - ie. I'm currently with Lloyds, Am I right in thinking that this will affect my credit rating?
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