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Everything posted by Cristal

  1. From my experience with 1st Credit (the debt is with Citifinancial), don't get complacent.....I CCA'd them in February, rec'd a letter of acknowledgement and then nothing until mid May. They have now really woken up and are pursuing me with a vengeance.....unfortunately for me I believe the Agreement they sent me has all the prescribed terms! good luck....CX
  2. I've rec'd a similar letter from MBNA, all smoke and mirrors about the 'credit card mailer' 'actually serves as your copy of that credit agreement for the puposes of Section 85 of the CCA 1974'. The letter ends 'If we do not hear from you within 8 weeks of the date of this letter, we will assume that the matter is closed'. I'm tempted to wait the 8 weeks and see if MBNA's definition of 'closed' is the same as mine! Incidentally, Morgan Stanley also goes on at lengthin the same vein! Cx
  3. Fascinating...and amazing how these giant companies do business!! I've been remiss on this thread...have been travelling...but hope to update it this weekend....huge thanks for the info and good luck with telling them to 'multiply' off...Cx
  4. L! You are an inspiration....I think I might start a thread asking for the ultimate results to CCA requests. It could be very insightful. what do you think? Incidentally, I, too , am in Scrabble withdrawal....no one likes my little two letter words and I would never dream of playing without the official Scrabble dictionary by my side...so am short of opponents! Cx
  5. As ever, thanks for the sane advice. hope all is well on Planet Zubo! Cx
  6. Hi Laiste - I too am a Scrabble addict....my affection for two letter high scoring words on the triples is limitless..... Thank you so much for this post and your later post. Your strategy is comprehensive. And v. gutsy! It's a little late for me to employ it 100% and I have to admit that, though I do have a high tolerance for pain, even I couldn't stand the 40 to 50 calls I was getting everyday. I've also already done what you as vise not to, i.e., sent reminders and default notices. When Creditors and DCAs respond to an SAR, aren't they bound by law to provide you with details of times, dates and contents of calls? As another poster asked today, is there evidence of other cases where the court found in favour of the defendant when the Creditor was unable to produce a solid agreement? If I follow your tactics, I will be staring down the barrel of possibly a dozen court claims. It would be helpful to know if there have been precedents. As ever, I defer to your elegant use of your legal expertise! Best, Cx
  7. and Hi, This is straight from the OFT: Quote: If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently he cannot otherwise. * Hiya...the letters continue to fly between myself and Mint. They are intractable and insist that they have supplied me with a copy of the executed agreement (they've sent me an appliction form/agreement lacking APR, interest or credit limit and an unsigned and undated CC Agreement with all the required info). Their last letter advises me 'If you are not satisfied with this final response, you may seek whatever legal redress you consider is open to you or you may refer your complaint to the FOS within 6 months of this letter......Your indebtedness on this account remains due and payable ann we will be pursuing for the full repayment.' I suppose I could call their bluff and let them begin proceedings. Or, if soilcitors get involved, I could send a variation on the letter the PriorityOne has sent me, which I will take off my other thread and post in a minute. Any advice would be appreciated! Many thanks Dear Sir/Madam, Your Ref : Your Client : I refer to your letter of xx/xx/2007. Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my legal request for a Consumer Credit Agreement (Consumer Credsit Act, 1974); received by xxxxxxxxxx on xx/xx/2007, followed by a letter dated xx/xx/2007 and xx/xx/2007 to remind them that the above account was in dispute. I can only assume therefore that they failed to inform you. Should your client now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by xxxxxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion. Yours faithfully, Make sure that everything is sent by recorded delivery.... and send a copy (cc) to GE Money as well. __________________ Remember the mantra : NEVER communicate by 'phone On my other thread (CCJ From GE Money must respond by May 26th) ever sage Laiste offers a different strategy, which is definitely worth checking out.
  8. Hi Laiste - Yes, as ever, this is extremely helpful and informative. Ensuing posts seem to suggest the change in the law may not affect 'agreements' predating the change. Regardless, I think your strategy is a sound one. I admire your ability to think so tactically! And boldly. I would not want to take you on in a poker game! Or a game of chess, for that matter! So far, only one agreement (for a Northern Rock loan) seems to adhere to the CCA 1974 definition. All the others I have are flawed, if not downright wrong. So, most creditors have technically defaulted. I have 'issued' Default Notices to some but are you advising not to do that, but to let the clock tick? You will see quoted in my previous post a letter written by PriorityOne and I am wondering if this is something that could be sent in response to threats of legal action in order to derail any potential court claims/proceedings? Or do you feel that pushing matters to court will provide more satisfying 'closure'? As for telephone harassment.....I regret not noting the endless calls I began receiving late last year. It was, literally, non stop. However, since I sent a sternly worded opening paragraph in my CCA letters, reminding creditors/debt collectors, that it is my right to request that they only contact me via letter, the calls have basically stopped. A friend who is also being hounded keeps a very loud whistle by the phone and I think she is probably responsible for increased deafness in debt collectors. I hope all your various missions are successful (I've been reading your other thread and posts) and that you are having a fabulous Saturday night and not reading this! CX
  9. Hi PriorityOne - Thought you'd be interested to hear that I rec'd a letter today from the solicitors, acknowledging receipt of my letter and advising me to respond to the court claim accordingly. I think they might regret that advice when they read the response as brilliantly authored by Laiste in post 42 on this thread. Meanwhile, I hope all continues to be quiet on 'debt row'! Cx
  10. Hi Eggy....sorry I haven't posted for a while. I've been preoccupied, putting out other financial fires. Being this broke is exhausting! Good to hear from you...in the end, I re mortgaged and redeemed the Northern Rock loan. And I had to go with a mortgage company that has punitive rates. Of course, all this bad history sticks on my credit file for SIX years!! I would love to know why the term is six whole years?! So, in answer to your question, I'm not sure how long it will be before you hear back from the court...have you tried calling the court? Incidentally, what does DMP stand for? Good luck with everything...let me know what happens. It sounds like you have a handle on things! cx
  11. Ah... what I would give for a quiet time!! Unfortunately, this is only one of many...tho they have yet to reach the court stage. Am fending them off with protracted correspondence re CCA. Of the dozen I am dealing with, I have yet to see a properly executed agreement.....incredible. Yes, today was a comedy of errors and everything seem to conspire against me....nothing like a deadline to focus the mind! Will let you know the next installment! Yours in appreciation! CX
  12. Hi Laiste - It's gone, sent to the Court. Good Lord, it's an incredible document. It scared ME reading it. I cannot, really, thank you enough. Your abilities far exceed a solicitor's - I know, because I foolishly paid one to deal with another case and it was a COMPLETE waste of time and money. I ended up worse off. I'm sorry if I underestimated the precision required and, as a result, added more stress to an already stressful situation. Believe me, it won't happen again. A drama here at the office (involving a window breaking over my desk this AM) didn't help matters. Random acts of kindness are rare in my life and I am so very grateful for your advice and patience. Obviously, I will keep you posted. Forget a magnum, I think it's now a case. Pink and organic, of course! Let me know if there's anything I might have - contact names, addresses, anything, - that might be of use to you. Have a fab weekend, Cx
  13. i think the info was garbled in previous posts...sorry...The date of the CCA letter to Viking is 12 February. I sent it Recorded Delivery (not Special) and it was signed for at 8:58 AM on 13th February. The receipt number is DK 2782 4544 3GB To clarify: The letter sent on 5th March to Viking was a reminder of the CCA letter and the letter sent to Debenhams on 5th March enclosed the 2 letters (CCA and reminder) I had sent to Viking. Apologies for the confusion. I am glued to my computer.
  14. Did you see my reply above to yoour previous post? I tried to answer in red but it didn't work! on the Deed of Assignment - on my Feb bill from Debenhams, it said at the bottom that Viking have been instructed too collect this debt (can't confirm if this notice also appeared on an earlier bill). I rec'd a letter from Viking, dated 10/01/07, informing me that GE Money had instructed them to recover the outstanding balance. Does that constitute a Deed of Assignment?
  15. Fussy is an admirable attribute! Thanks for the reassuring post. You have an ingenious, confident and, well, devious mind....I intend to hover tomorrow, so will stay put until I hear from you. Huge thanks, Laiste! Cx
  16. Again, many thanks for your post, Laiste. I'm sure you have better things to do! The 'fine print' appears at the bottom of the page. The headings are 'Financial Details of the Account', 'Customer Information and Data Protection', and 'Customer Consent - Important Please Read This Before You Sign'. Above my (undated) signature it says 'This is a Credit Agreement regulated by the CCA 1974 Sign only if you want to be legally bound by its terms.' Under my signature is 'Your right to cancel'. Under that is the GE Capital signature and date. The arrears listed in the DN (issued by GE money) includes a £15 charge for late payment on my November 2006 bill. I've looked at the DN again and the wording seems strange 'We are required by law to send this notice to you befoore we can demand payment of the balance outstanding on your account'. But they only mention the arrears, not the balance. I'm not sure if there is a notice of assignment - on the bottom of my February bill, it tells me that Viking have been instructed to collect this debt. In the first letter from Viking, it simply states that they have been instructed by GE Money to collect this debt. I've also noticed that the first letter to me from Viking states: 'If you fail to contact us regarding this debt, charges will be added for subsequent letter correspondence.' In 3 subsequent letters, the amount owing remains the same. Sorry I can't more specific about the impact of charges on the balance as I have not had bill recently. The last one was in March and about £200 less than the amount claimed on the Court Claim form. I FEEL like I have a reasonable defence but what do you think? I've checked out the MCOL and, as ever, you are right - it looks easy. And thanks for the hot tip about using a Word document. I am amazed by the forensic nature of this exercise and I feel like I am learning something invaluable. I am very grateful for your patience and expertise. I hope that someday I can return the favor. Meanwhile, am sending you a mental magnum of champagne. Endless thanks. CX
  17. Thank you for your post, Laiste. The DN was issued on 17/11/06 and ordered me to pay by 1/12/06. My name and address appear correctly (tho the DN just uses my first initial, not my entire first name) and on my GE bills. It states: 'You are in breach of the "Payments" clause of your agreement which provides you must make each payment when due. Your breach has created arrears of XXX. To remedy your breach you must pay the arrears of XXX to us before 01/12/06." Incidentally, the DN does not state the whole amount due, only arrears. RE the charges: there were two late payment charges prior to the DN and two subsequently (also Viking charged an 'administration fee'). My balance since the DN has increased by about £950, which I assume is interest they are entitled to charge? GE Money rec'd my CCA on 13/2/07. The application form/agreement: The top of the form is 'for office use only', completed by a staff member. Under this is 'thank you for taking the time to apply for an Account card' and asks me answer 'yes' in reply to: I am aged 18 or over, I have lived in the UK for at least 12 months and My partner or myself are in permanent paid employment, etc. None of them are ticked. Then, centered in the page 'Credit Agreement regulated by the CCA 1974', by this agreement made between you the customer named below and oursleves, we GE Capitol Bank Ltd of.......agree to open an Account in your name on the terms set out below and overleaf' I've provided my name, DOB, time at address, my address, home phone number, my Mother's maiden name as a password, my signature for Account Cover. The fine print includes interest and APRs, Customer Information and Data Protection, Customer Consent, my undated signature, under that 'Your right to Cancel', under that the GE Capitol signature and date. And, in huge handwritten letters diagonally across the form is the word 'Declined', underlined. When I wrote to GE Money for clarification of this, they wrote back and said: 'Please note that an application form and an agreement are the same document. The decline written across the document was the original decision at the time the application was processed, it was referred and then accepted after further consultation.' I hope this is the information you need. And huge huge huge thanks for all your help! Cx
  18. Thanks for your speedy reply.....I will check out the website tomorrow when my brain is working. Clearly it is not as the letter I referred to in my previous post to you is one by PriorityOne in this thread. I have sent it to the solicitors and GE Money. I am sorry for the confusion. I am assuming that precise a/c charges are required for the defence and, again, I will get these together tomorrow. Interesting that the debt has been sold to CL finance and by how fast this all moves. I am so grateful for your help and hope that I can be of help to you one day...I am also so glad you are on my side. Your grasp of the legal implications is awesome. CX
  19. Laiste, you are a saviour! Many, many thanks for you advice and time... The Claimants are CL Finance Ltd. I am assuming that c/c means counter claim? I googled MCOL but couldn't get to grips with it. Is there a secret? I'm also bad at scanning and think I might have to send/fax documents, which I know I can do via fax. I received a letter labelled 'Default Notice' dated 17/11/06. I sent one to GE Money on 7th April, along with the following letter: Credit Data Management Dear , RE: I am writing in reply to your letter to me dated 31st March 2007 and thank you for the enlarged version of the document that was sent to me on the 9th March 2007. I regret to say that this is not a properly executed agreement. It is a copy of an application form that has been marked ‘Declined’, among other errors and omissions on the document that invalidates it as an agreement under the Consumer Credit Act 1974. I look forward to receiving a properly executed agreement. The account remains legally and officially in dispute. In fact, because I have yet to be supplied with a true copy of a signed agreement and the secondary time period has expired for you to satisfy this obligation (enclosed please find to my original letter requesting this, dated 12th February 2007 and received by Viking Collection Services Recorded Delivery on 13th February at 8:58 AM), GE Money/Debenhams is now in default (please see the attached Default Notice). It is also illegal for GE Money/Debenhams to supply my personal information to third parties. Specifically, it is illegal for GE Money/Debenhams to pass on my details to Viking Credit Services. Under the Data Protection Act, the data subject must give their consent to the processing of such information. You do not have a properly executed agreement with me and I have not given my consent to distribute this information to third parties. Under Section 13.6 of the Banking Code, information may be given to credit reference agencies about debts you owe if ‘the amount owed is not in dispute’. The fact that GE Money has blatantly contravened the Data Protection Act, the Banking code and the Consumer Credit Act 1974 has caused me emotional and financial distress and undeserved humiliation. In addition to instructing GE Money to correct this situation by an immediate withdrawal of any Default Notice and correction of information held at Credit Reference Agencies, I also expect an unreserved apology and an offer of compensation. I never received a reply, only a letter from Viking dated 04/04/07 telling me the account had been referred back to GE Money (the letters must have crossed in the post). A letter dated 19th April was sent to me from Howard Cohen and Co solicitors, informing me of the impending CCJ. In terms of penalty charges, do you mean any charges since I sent the CCA in February? And does that include interest charged? If so, in February, Viking sent me a demand for £8766 and the Court claim lists the amount claimed as £9145 plus a court fee of £240 plus Solicitor's costs of £100. So, yes, costs have been adding up. I will be in tomorrow morning and tomorrow night and Friday morning. I will make myself available to your schedule. I cannot tell you how very grateful I am to you. One last question...that great letter you posted? Should I send that to creditors/DCAs threatening legal action before it gets to the CCJ stage? Enormous thanks CXX
  20. Laiste, thank you for your eloquence and clarity. Apologies for my delayed reply....I only just saw your post! I am now trying to get my head around my defence......presumably,I should write it all out chronologically and provide as much documentation for the court as possible, including letter from the DCA and the creditor? I know how busy you are and I am v. conscious of not wanting to waste your time. Many, many thanks. CX
  21. Thanks for your post. In addition to Laiste's explanation, I might also add that all my considerable efforts to discuss/negotiate a reasonable and interim payment plan were completely ignored by the creditor, who rushed to a CCJ despite the fact the account was lawfully in dispute. Such bullying and thuggish behavior is unnecessary, counter productive and now technically illegal.
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