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  1. Help. I issued a court claim against Amex for not providing a valid CCA, several months ago and in an attempt to remove the default they put on my file. In return, they have sent me an application form without all the prescribed terms and the default notice is defective (not clear 14-days). I have argued with the solicitors of Amex and after some long letters with the solicitors of Amex, they are finally trying to strike out the claim I issued and claim all their costs against me. I have made a F&F offer to settle and drop the case - looks like I am losing this battle, so any thoughts welcome. Any advise, what I should do - please help as I am worried. Thanks
  2. Hi I got back £600 today by letter (over two properties). I am now considering legal action for £7-10K in repossesion fees. They did not negotiate or consider the alternatives, I ended up re-mortaging with Blemain and SPML cowboys. I could make a massive claim, in that I was forced to re-mortgage, when infact it may not have been necessary. Any thoughts ???
  3. HI Caggers, Just received two letters for two seperate mortgage a/c's previously with GMAC (back in 2004/5) on property I rendted out (ex family homes). They have offered a total of £600 refund. I fell into arrears due to bad tenants and my company suffered post-MG Rover crisis. However, both my properties went into the hands of administrators/ receivers and were almost sold off at auction. At a last and desperate attempt I managed to re-mortgae, and save them from auction, literally 10mins before the hammer dropped. It was only the kindness of a lady at the receivers that moved my property down the auction list, pending funds being received. These were my family properties and I was desperately under pressure to save them. I tried to negotiate with GMAC and they were having none of it !!!! In fact their appointed receivers took circa £7-10K in fees !!!. Reading the GMAC apology is like dick turpin coming back to pay the man he robbed !!! Who knows this £600 may have saved the properties !!!!!!!!!!. I am so angry & fuming now, that I may consider bringing a legal case against GMAC for a full refund (inc £7-10K), plus all the expenses and charges I incurred in re-mortgaing, when according to the FSA announcement they should have worked to negotiate with the customer. Also, as my credit was somewhat adverse, I went to the cowboys (Blemain Finance) and London Mortgae/SPML. Does anyone share my view in bringing a case ????? Please some feedback. Thanks :-x
  4. Hi Guys, I have gone through the CCA process since March 09, and now ave all the debt collectors chasing me. Bank of Scotland have acknowledged that the debt is unenforceable, but DCA stiil chasing, although its gone very quite lately. However, all 4 creditors have trashed my credit file (defaults) and it has caused me very serious problems as I am a co.director. Could not even get a bank a/c open, which was seriously embarassing with my co-directors!!! Any way, I have checked all 4 D/N's and all are defective in that they do not provide the clear 14-days! So, I have initiated court action against the creditors to remove the data. All of them have sent the AOS with an intention to defend. My CCA process started in March 2009 and I was defauled July/Aug. Has anyone had any experience in taking them to court. Is my defective default a good case for requesting its removal ? Will the court say why it took me so long to bring a case ???? I have also written to each (seperate to the court action) making a 10% offer to settle on the conditon the default is removed. Thanks for any feedback.
  5. Hi, I have today started x3 on-line county court claims against : Bank of Scotland (x2) and American Express. Both failed to comply with CCA1974 request and continued to process data. A default was registered, but without the clear 14-day period in all three cases. On this basis I have issued all of them with a county court claim to remove the defaults immediately. I have also written to them asking to re-consider removing the defaults unless they want to attend court. Has anyone done the same and suceeded or has any comments to add ????? Please need advise. Thanks
  6. Hi, sorry to step in but I have an issue as I have been told today by a factoring company that I cannot be a director or a shareholder of a newco that we are setting up. This has come about because over the last 6-mths I have challenged the banks with CCA 1974, and Bank of Scotland have admitted they have no agreement. Unfortunately, they have recorded defaults along side others. Do you have any experience or knowledge of this ? I am not sure if I can even get a bank a/c Thanks
  7. Hi can anyone help. Barclays have defaulted despite failing to provide an enforecabale CCA. Do you have any legal grounds to get it removed ???? Thanks
  8. Hi, Many thanks for the reply. I am trying to set-up a basic account and hope there is no problem. We do not want an o/d etc just a basic facility. I have really bad credit (defaults) as a result of the CCA's. All my personal credit cards are in dispute and defaulted. We are trying to open a limited co. bank a/c, but was really worried as I dont want my co-directors to know about my CC/defaults. My co-director has good credit (he does not know I know), so hopefully Barclays will look favourably. Thanks
  9. Hi, did you get anywhere with opening the business a/c with a major bank. I have terrible credit rating due to defaults etc, but we are selling our limited business and as such a new a/c will be needed, but transactions will be big ! Thanks
  10. Hi, the address for correspondence I used was Card Services Pitreavie business park Dunfermline Fife KY99 4BS I did not write to an individual, but my final letter was signed by Anne Gartshore. I would not worry to much as I said, they will cave in. Do a CPR 31.16, this will force them to reveal all.
  11. Cool, we are both winners. Did you get the default removed???
  12. Hi, I believe it is done just after summons etc has been received. But it makes no difference so I just went for it before court. I used CPR31.16 to force them to reveal their cards beforehand !!!. This really means they have to tell or it could jepordise your defence.
  13. Hi all, Followed the usual templates 12days plus etc. Then did a 'do not acknowledge debt' etc. A few letters between Bank of Scotland and me and I finally issued a CPR31.16 and they caved in !!!! Received letter today saying that cannot find my agreement from 1998 but I signed the application form ! They were satisfied that the terms were on the reverse of the application form ! They say, while we try to locate the agreement (guess never - cos they have had weeks), we will NOT be enforcing the agreement !!!! They say a contract still exists, but they realise they are prevented from seeking enforcement through the courts. So that's it as far as I am concerned. No £8,900 debt !!! Find the agreement or go away !! They have refused to remove the default, but that is flawed anyway as they only allowed 10-day and not 14-days. But I am going to allow the poor devils some breathing space !! before I hit them again !! To be fair to them they did not pass mattes to debt collectors etc. They have dealt with dispute. So at the moment my £8,900 debt is stalled !!!!! until they find the agreeement. good luck BOS !!!!!!!!!!!!!!!!!!!!!!!!!!!!
  14. Hi, not sure, but allowing a couple of days. Its still not the full 14-days and that was bank holiday week as well. Thanks Slybeth4.
  15. Hi 42 Man, Attached is the default notice. When you say £58.35 is all I need to pay, does that mean the original balance is no longer valid, or do I have to wait for an actual termination letter ???. Iam not sure exactly what date the letter arrived but even allowing two-days, they have asked for £58.35 on or before 12.4.09. I have CCA'd them etc, but no reply and then the default notice. Also, done a CPR on them today. Thanks, Slybeth4. BOS default.pdf
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