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Ginger66

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Everything posted by Ginger66

  1. I have just received a charge that i forgot to pay on the 3rd Dec,dated 17th Jan the PCN. Reason being it has taken so long is that a new company now administer the CC from 1st Dec.
  2. Hi,just wondering if anyone can shed any light. I work for a well known private company and manage sales staff all within Central London and who also live within the M25 boundary. With the high cost of living and working within London they receive a London Allowance of £2500 which the company hope will help keep staff by giving them the allowance. I also have the same high cost of working and living within the M25 but do not receive anything.When i challenged them last year via e mail was told verbally that this does not include managers. Can they legally do this as i feel they are discriminating against me ? Thanks
  3. Best just don't talk on phone tothem. Can anyone help ? I got a settlement figure from Wescot and paid up.Part of my conditions was that my credit file was updated to show that the account was showing as settled.I have this in writing and also a letter from them saying the account was settled. They have not updated my credit file with what was agreed.Instead it shows this account was closed with £700 owing and shows the account is still in default instead of settled. Is it the Information Commissioner i write to ? Thanks
  4. Great post Rock n Roll... My Barclaycard account was being handled by RMA (NCO Europe) who i found out were creaming £30 out of every £100 for themselves without me knowing.I was paying £100 every month without fail. After advice on here on how to handle RMA the account was eventually handed back to Barclaycard with an outstanding amount of £3000 who just simply closed the account and i have heard no more,9 months ago now. Has anyone got any advice on what to do from here ? It is just showing on my credit file as account closed with £3000 owing.Do Barclaycard give settlement figures ? I would like to come to some conclusion but not sure of next step. Thanks
  5. Hi all wondering if anyone has any advice for me here.Basically i had a Barclaycard debt passed onto RMA collection 2 years ago,was around £4500.I was paying every month without fail £100 then found out RMA were creaming £30 of that every month. To cut a long story short after i CCA'd RMA and sent threatening letters to them with regards to the harrasment they were giving me, the debt was passed back to Barclaycard with a debt of £3000.I was quite happy paying every month until i found out RMA were ripping me off. After speaking to Barclaycard they said the account was yet to be passed onto another collection agency.Since then my credit file now says the account has been closed with a outstandind debt of £3000 which doesnt look good on my file. Whats best to do ? Just leave it and hope BC do nothing,it will still be on my file. Or do you think BC would accept a settlement.I am unaware they have done this before. Thanks
  6. Just wondering if anyone can advise.Had a debt with Wescot for a credit card for a year when they said they would accept a payment of 60% of the debt. I managed to get in writing from them that they would accept the £800 as a final payment for the account and the account would be closed as settled and all records updated. I have checked my credit file and instead they have put a note on the account that the account was closed with £700 still owing and instead of the account showing as settled a default is now showing which wasn't there before. Is there any threat i can issue to them to update my credit file as they agreed to do instead of what they have done. Thanks for your help on this.Just trying to cleanse my file
  7. Hedgey,cheers will do and send LBA. Does look quite complicated.Will do my homework and keep you updated. Thanks again
  8. Hi ya,i'd never heard of it before. Found a few threads,it's a minefield.Just seeing if there is another Limitation Act template letter to send back to them. They recently paid me first time no problems for the last 6 years. Thanks for your help
  9. Hi all wondering if anyone can help me.I finally received statements for my mothers Nat West account from 1993-1999 when they closed it after they had fleeced her. I am helping her claim back charges and today she has received a letter saying due to some Limitation act 1980 she does not have a claim and can only claim for the last 6 years. Has anyone else had a similar letter and if so any advice. Thanks
  10. Follow up with this.......i did and my debt was returned to Barclaycard straight away.....Lets just say i don't think they were too happy...Loved it!!!!!! Dear Sir or Madam, I refer to my letter dated xxxxxx which was delivered via Recorded Delivery to your offices on xxxxxx. You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account. In my letter of the xxxxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time RMA purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on xxxxxx and xxxxxx respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on xxxxxx this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to RMA. I require the following action from RMA : 1. All payments made to date to RMA for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by RMA. Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force RMA or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. Yours faithfully, Cheers
  11. Hi there,i had a claim for £2200 which they originally offered £1100 but i refused.The same as you they said they would take off my outstanding balance which is £2000.I replied accepting offer and to be paid into my woolwich account this week.We'll see what they do. They also offered 100% of my claim for £1000 on another card account which is clear and nothing outstanding and said it would be deducted from an outstanding balance,strange when it is clear.I cleared the account via a collection agency.
  12. Hi all,i sent a S.A.R for my mum for her account which Nat West closed in 1999.It was for statements for 1993-1999,Nat West's reply was that they do not hold any information brfore 2001 and cannot help her. Obviously reading the above thread that is not true,What should her next step be? Thanks
  13. Hi all,in order to get RMA to stop hassling you,once they have not supplied the statements and CCA hit them with this letter.They will then return the account to the original creditor as they did with me and the harrasment will stop. Dear Sir or Madam, I refer to my letter dated xxxxxx which was delivered via Recorded Delivery to your offices on xxxxxx. You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account. In my letter of the xxxxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time RMA purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on xxxxxx and xxxxxx respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on xxxxxx this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to RMA. I require the following action from RMA : 1. All payments made to date to RMA for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by RMA. Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force RMA or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. Yours faithfully, Cheers
  14. Hi all,just wondering if anyone can help.I am claiming on behalf of my mum,Natwest closed her account in 1999.I sent off to Natwest for the statements between 1993-1999.I was under the impression that you could claim 6 years although it didn't have to be the last. Natwest have replied saying that they do not store copies of statements before 2001 and cannot help me.Can anyone let me know if this is correct,if not does anyone have a template letter to reply to them. Many thanks in advance.
  15. Yasmin,can't beleive it's gone on so long.Just started reading tonight. I put a thread on today where EGG have offered all charges within 4 days but won't remove my default.I still owe £1600 half of which i'm getting back from them in charges. Wanted to pay EGG the remaining full amount in hope of getting DN removed. Looks like i'll have to take the money and fight to get the DN removed later. Good on you for keeping the faith so long. cheers
  16. Thats great,thanks for your help,much appreciated.Maybe i'll take the money and fight seperatly for the DN. Would you advise paying the DCA the full £1600 owed,half i'll get back from EGG.The DCA offered me a settlement figure before. Does it matter from a Credit report angle if it says settled or satisfied? Thanks again
  17. Hi,just wondering if anyone has any advice.Basically i owe EGG for a loan of just over £1600 and received a default notice for the debt.I wrote to them asking to remove or send me a copy of my default notice as the penalty charges on the account contributed to my default. The reply was "in respect of your request for a copy of the default notice,whilst we are under no obligation to provide a copy of this default notice.I have enclosed a copy of the computer screen confirming details of it's issue and it has been registered in accordance with the correct procedure". This can't be right can it? The charges that i reclaimed was £884 which they offered in full after only 4 days of sending the letter.I am still to accept this as i want my default removed. Should i take the charges of £884,pay the rest of the debt off in full or should i hold my ground and refuse the charges saying i also want the default removed? I did put this on the original letter to EGG when i claimed the penalty charges back.I also called EGG who said i would have to contact a solicitor,they cannot remove a default notice.They said they could send a standard copy of a default notice.I personally don't think they have a copy of mine. Thanks for your help in advance
  18. Hi,just wondering if anyone has any advice.Basically i owe EGG for a loan of just over £1600 and received a default notice for the debt.I wrote to them asking to remove or send me a copy of my default notice as the penalty charges on the account contributed to my default. The reply was "in respect of your request for a copy of the default notice,whilst we are under no obligation to provide a copy of this default notice.I have enclosed a copy of the computer screen confirming details of it's issue and it has been registered in accordance with the correct procedure". This can't be right can it? The charges that i reclaimed was £884 which they offered in full after only 4 days of sending the letter.I am still to accept this as i want my default removed. Should i take the charges of £884,pay the rest of the debt off in full or should i hold my ground and refuse the charges saying i also want the default removed? I did put this on the original letter to EGG when i claimed the penalty charges back.I also called EGG who said i would have to contact a solicitor,they cannot remove a default notice.They said they could send a standard copy of a default notice.I personally don't think they have a copy of mine. Thanks for your help in advance
  19. All,sent that letter after some advice from on here from others.Know i am chancing my luck but so far RMA have not been able to prove that legally that they are entitled to collect my debt. To be honest if they offer to wipe the outstanding debt of £2500 i would be more than happy.Just got fed up after i found that they were adding interest without my knowledge,also they have still not provided a statement of my account after 10 weeks.This even though i was paying every month without fail. Anyone with advice as to where to take it from here. Cheers
  20. Hi all,wondering if anyone can help.I wrote to EGG asking for a copy of my CCA and default notice that was issued.They sent the CCA but with the default notice they said, "In respect of your request for a copy of the default notice.whilst we are under no obligation to provide a copy of this default notice,i have enclosed a copy of the computer screen confirming details of it's issue and it has been registered in accordance with the correct procedure.I also enclosed a copy of your latest statements.this includes information as to the current status of the account EGG is under no obligation to provide you with the deed of assignment as our Terms and Conditions state that we may sell accounts to third party companies" Is it right that they don't have to send a copy of the default notice and deed of assignment? Thanks
  21. Hi there,i was in a similar situation with RMA.Paying them regular then found out they were adding interest to my account without my knowledge.To halt any action by them you need to send the CCA request.The account is then in dispute. Send them this immediately (send recorded and dont forget the £1.00 Postal order) : If they haven't complied after 12 working days of receiving this request, you can legally stop paying them until they produce the Original Agrement..If they haven't produced it a further month later then they've commited a criminal offence and the debt becomes unenforceable..Be careful what they send you though, come back here and report to us what they've sent you...Anyway, here's the letter you need to send: Your Ref: xxxxxxxxxxxx To Whom It May Concern I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Yours Faithfully Keep in touch
  22. Hi all,iv'e hd the same problems with RMA.First of all i kept getting harrasing calls calls even though i was making regular payments every month.I then found out that every month 30% of what i was paying was being added to my account without my knowledge.I only found out that this was happening after i received statements from the credit card company.RMA then denied that they own the account and knew nothing about interest being added. To cut a long story short,they did not send statement of my account or CCA so i have just hit them with the following letter after advice from others on here.Must admit wasn't sure but what the heck.They have tried contacting me by phone but i have ignored. Dear Sir or Madam, I refer to my letter dated xxxxxx which was delivered via Recorded Delivery to your offices on xxxxxx. You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account. In my letter of the xxxxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time RMA purchased this account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on xxxxxx and xxxxxx respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on xxxxxx this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to RMA. I require the following action from RMA : 1. All payments made to date to RMA for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by RMA. Note this is to be a complete deletion and not merely an amendment. 3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4. After a full refund of all payments with interest and compensation are received by me, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force RMA or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. Yours faithfully, Any advice from anyone.....will keep you updated
  23. Hi all,just to update.I sent off the following letter on the 26th March to RMA which Pmhcfc forwarded to me,thanks.All i have had in return is 2 phonecalls from RMA on my answer phone asking me to contact them urgently.I have not returned the calls as before was advised best to deal by letter.Also as yet had no reply from Barclaycard as to who exactly is adding on these extra charges.Although having received statements from Barclaycard it looks like they are but are denying it. What should my next move be? Is there a set time when RMA should have sent the info to me. Your Ref: xxxxxxxxxxxx To Whom It May Concern I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Thanks for your help,much appreciated
  24. Hi just picked up on all the previous.If only i knew about this site a year ago. I also had a Nat West Gold credit card with a £6000 limit,god knows why they gave it to me. Moorcroft at the time were the collection agency but i didn't get many of the letters as i had moved a couple of times.It turned out i ended up with a CCJ owing £6500.I have been paying off and have £2700 left. I have written to Nat West requesting a copy of charges for the card last week.Once i have can i ask that they take into account that these charges also contributed to my CCJ and i would like it removed.Or is that wishful thinking. Cheers
  25. Hi there,yes she has spoken to them several times.They won't listen to her.The last payment she made was for £150 two weeks ago and just said the full amount is due on Friday or else they will pass to baillifs.
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