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Everything posted by Dollydoo

  1. I'll have to SAR my bank just to get copies of statements - cheapest option as I need at least 20! then take it from there. Thanks
  2. yes tried cca but thats a separate issue as its already been to court and judgement registered back in 2003, refund got refused. I'm really only interested in proving my repayments - I pay by standing order via different bank, every month, never failed, dca seems to distribute the money between the credit card and the current account - however, how they do that is their problem, I only know I can prove I pay them £40 each & every month but they seem to have about 20 months here & there missing?! and god knows where the extra £1000 comes into play! They have never provided me with statements - and I have asked - I just recently got this list of payments thru because its about to get paid off and I'm disputing the amount. I even asked them for a copy of the original court claim forms as they're also the solicitors acting for the bank to which I owe the money, but they said they didn't have them! which is why I thought SAR maybe best?
  3. I need copies of bank statements but can't afford the £5 per statement as I need around 20+. Should I just send a SAR - also I'm disputing the amount I still owe to the dca, and don't agree with the list of payments they've just sent, should I send them a SAR also? would the dca have to give me everything they have on file? thanks.
  4. I've been paying an amount agreed at court by standing order each month. the court cannot provide me with copies of the original claim forms so all they provided me with was a letter stating; the amount of judgement (debt), the costs, then the total of those two amounts and the monthly repayment amount and when the first payment was to be paid by. I have nothing else to look back on unfortunately. Now there seems to be a discrepancy between what I now owe and what they think I owe! seems they're trying to say that more costs were added AFTER judgement as well as having allocated some of the payments intended for this debt, to another 2nd debt with the same bank - I have since finished this 2nd debt but the main debt is more than it should be because they didn't allocate the payments correctly!!
  5. I have spoken to community legal advice service and they say that the bank can transfer the money without a variation order - at least i'll be debt free now i suppose, though i'm a bit miffed I can't negotiate a settlement considering they've had a fair whack in various costs & charges! Thanks for your advice everyone.
  6. if the ccj overrides the original agreement/t&c how do I go about stopping them transferring the money?
  7. they already froze the account long time ago. they say their legal dept have checked that they do not need variation order because of the terms & conds. I will phone the court to see if they can help further, otherwise I don't know who else to go to for advice. I opened the current account back in 1989 roughly and I don't have the original t&c to check myself.
  8. my bank are using the rule 5 to take my savings to pay off credit card & flexaccount debt, lumped together as one debt back in 2003/04 -by county court judgement. The bank say they can do this without obtaining a variation order on the original ccj as it is stated in the terms & conds of the flexaccount/credit card! can they do this without a variation order?? need to know asap as they'll be debiting the account by tomorrow! I'm happy to pay them but I didn't want to be frogged marched into it as this now stops me being able to negotiate.
  9. Court says cannot supply copy judgement as file destroyed back in 2003 as no further action was taken but they confirmed amounts, start date etc. However, I have still not heard anything regarding variation order being applied for and have phoned dca today and they say the bank are deciding whether or not to pursue the vo. meantime my money is inaccessible until they make up their minds. Can they keep me in limbo at their leisure?
  10. I've spoken to nationwide today and they have already applied to the court to get the order changed at which point I will be able to put in a defence, but any ideas as to what I can say?? I also asked why it has taken so long for them to use the off set rule and they couldn't give me a straight answer - I imagine the court will be on their side as per usual!
  11. great, thanks - I'll get onto that first thing tomorrow.
  12. i doubt i can find court papers but can prove payments etc so i'll see what they say, thanks.
  13. direct to the dca. I have no dealings with the nationwide whatsoever. payments/correspondence etc all done thru dca.
  14. by monthly direct debit - which I have been paying religiously.
  15. If the ccj supercedes previous agreement is there anything I can quote to the nationwide regarding this? or should I get legal advice?
  16. If I remember rightly I think the claimant was the nationwide rather than dca (unfortunately). I will phone nationwide tomorrow but I suspect they will say the account was never linked and so "slipped through the net" would that be an acceptable excuse for waiting nearly 6 years?
  17. I have a debt with Nationwide, I was taken to court about 6 years ago (ccj) and have been paying via Shoosmiths dca, the agreed monthly amount. However, I have today found out that an old account with Nationwide has come up with the equivalent amount in savings but they have frozen this and will take it to recover the debt. Can they still do this even though the debt is with dca? (If they had done this all those years ago I could've been saved various charges plus court costs!) Anyone able to give some advice please....
  18. This ones rearing its ugly head again arrgh!!! I moved and haven't informed them and i've just received an ordinary monthly statement like nothing has happened......I don't want to cause the new owner any anxiety so what should I do once the mail redirection expires? send it back, "opened in error - person has moved away"??
  19. No, I only have the one where I stated the money had been paid in f & f. I know I spoke to them so It must have been then that they actually agreed to accept: Its only now I have the letter that i've realised, how stupid! I suppose not much I can do now - I have the email & letter saying I can't be chased in future and that it won't affect my credit file
  20. I will look into having rights if we ever fall out. I'm sure benefits agency will want to know where the money has gone and will have a letter confirm who & what was owed. However, with regards to proper tenancy agreement, how do you get this if you're not legally a landlord? and is there then going to be tax implications?
  21. Hi, I just paid a debt off at an agreed reduced figure (basically I paid £3,000 for a £4,000 debt). I only did this because of the charging order against my house & I just sold it. However, I agreed with the dca that it was in full & final settlement (by email) and after they accepted my money they confirmed in writing but said partial settlement! They have said in email that I can't be chased for any more money but can't say its f & f because its not true as I only paid discounted amount. They also stated that it would not affect my credit file either. is this true?
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