Jump to content

SL1210

Registered Users

Change your profile picture
  • Content Count

    54
  • Joined

  • Last visited

Community Reputation

1 Neutral

About SL1210

  • Rank
    Basic Account Holder
  1. I’m an existing 3 customer, I was called 13th July 2016 by their in-house sales team offering a special SIM only deal which was a 12 month contract. I agreed to the deal offered and was told that the SIM card would be posted to my address. I receive no further communication from 3, on the 9th August 2016 I notice that my account has been debited for monthly amount. I contacted 3 and expressed my surprise as I hadn’t received the SIM or their usual welcome letter detailing details of my tariff and confirmation of my Direct Debit being setup. I was told that a SIM would be sent out and it would be with me within 3 days, I went off on holiday on the 14th August and have just returned having still not received a SIM or any documentation. I spoke with 3 telling them that I wish to cancel my order as they have failed to deliver the SIM, they have confirmed that there has been no activity on the new SIM. I was told that to cancel the contract there will be charges incurred by me which equates to 97% of the yearly amount, I’m surprised at this as in my opinion 3 have failed to honour the side of the contract and I have not been availed of their services. I have the contact number for their complaints department in Glasgow as my call was escalated to them from India this evening, the best that they are offering is to credit my account for the two months that I have been without the SIM, and the next payment will be debited 11th September. I was told the only way to prevent the money being debited would be to cancel the Direct Debit. Any advice on where I stand with this would be much appreciated.
  2. Thanks for your swift reply IMS21. I had defaulted on this credit card due to Halifax not assisting once I became unemployed and the PPI failed to kick in. I have my credit reports from the 3 main Credit Reference Agencies and for this account they all state that it is satisfied, which is strange as this is dated as 30/01/2010. With regards to perusing Halifax for the full amount, are you aware of them settling for these types of figures before going to court and if so is there a template letter for me to fire off to them? Regards SL1210
  3. Hi IMS21 You mention that on loans they can only set off against notified arrears and not the whole balance, what is the case for a credit card? Sorry if I appear to be hijacking this thread.
  4. Hi All, It’s been a while since I posted here, this being what I hope is my final battle with Halifax having won all of the previous ones. I sent the FOS Consumer Questionnaire to Halifax having previously received all of my previous statements dating back to 1996, Last week I received a cheque for £7395.43 from Card Services with no information about their settlement or how they had arrived at the figure. I rang their 0845 number as the alternative number on Saynoto0870 no longer works; I was on the phone for an hour getting passed from one department to another. I gave up and wrote a letter stating that I wasn’t prepared to accept the payment as a final settlement as I wanted a breakdown as to how they had arrived at £7395.43. I advised them that I would accept this as part payment; I informed them that I was aware that they had strict timescales in which to deal with PPI complaints, and that they had until 30th March 2012 to comply fully with my complaint. I have used the CISheet v101 and the amount that this indicates as being owed is nearly £20,000 more than what has been offered by Halifax. I’m prepared if required to take them back to court, but before doing so I’d like someone with far more knowledge with PPI claims to inform me if I have used the right spread sheet and if the calculations are correct? Attached are the CISheet v101 and the offer letter from Halifax. Thanks in advance for your assistance. Regards SL1210 Halifax PPI Offer Edited.pdf CISheet v101 PPI Payments For Forum.xls
  5. Would this be normal practice after all I was asked to submit a defence and they were asked to serve papers on me. The only thing that I can possibly think of is that they submitted an application for Summary Judgment. I will wait to see what response I get from the court to my letter.
  6. Here’s an update on my ongoing battle with Chatham Finance. There was a recent hearing on 20th November 2009 which the court failed to notify me of, this was following the hearing 23rd June 2009 when both parties were instructed to do the following; Chatham was told in court that they would need to serve papers on me as they had failed to do so; I was asked to submit a defence. Both parties carried out what the Judge had instructed. After our day in court Chatham Finance have taken it upon themselves to start issuing me with Notice of Sums in Arrears letters, this document is made up of the following charges. Arrears of monthly instalments £8,310.50 (the original claim in 2002 when the obtained the CCJ was for £7,174.40) Fees and other charges not paid £140.30 Total £8,450.80 They have also started to add their Solicitors Costs totalling £894.13. I have received a statement of costs from Shoosmiths for £3,333.82 I have received communication from the court that the District Judge ordered two things at the hearing 20th November; 1. Application adjourned generally with liberty to restore 2. Costs in the application I have written to the court informing them of me being unaware of the hearing and have asked for clarification on the two points and to advise me of the next steps to be taken. It would appear to me that Chatham Finance have started to charge interest on the outstanding amount, but they haven’t detailed the rate of this interest. I invite your comments or thoughts on the above. Cheers [/size]
  7. They must have conducted some sort of search, strange thing is they located me a year after I purchased my current house. Why they never searched for me at my previous address is beyond me. Incidentally I also owned my previous abode too, so they could have easily found me there. So I've got it wrong, the Default Notice was in the correct format and although never served on me has no bearing as to where we are today? Cheers.
  8. Docman The replies to your questions are in bold. I had thought that Shoos were trying to say that because the original loan has now expired, they didn't need a DN at this point. In fact, you took the loan agreement in 1997 and it was for 48 months. It looks like the loan had already expired when they took you to court in 2002 and therefore they were suing for all the arrears. Is that the case? This is correct If so, I can see Shoos point, but it is one that falls flat on its face since the creditor did issue a DN on 27 September 2002 requiring a payment by 8 October 2002. I'm not an expert on the contents of DNs and so others may wish to comment on the contents. The creditor did provide sufficient time though for you to remedy the breach in the DN, so from that point, the DN appears valid. This is incorrect as the Default Notice wouldn’t have given me enough days to comply with their request, from 27/09/02 to 08/10/02 is 12 days of which 2 of these days fell on the weekend. The CCA itself is not very clear and you should state in your defence that the CCA is not legible as required by the Regulations. I agree neither the CCA or the Terms and Conditions are legible. However, have you thought about running a statute barred defence? Noramlly, a statute bar doesn't operate if a creditor has started proceedings within 6 years since the last payment or acknowledgment of the debt in writing. In this case, judgment was obtained on 31 December 2002 but no action appears to have been taken to enforce that judgment before you obtained your set aside in January 2009, which is more than six years. I'm not 100% certain, but this may open a Statute Barred defence and it may be a good idea to see if any of the legal bods had a view? Anyone? I don’t believe that I have any chance with claiming this was Statute Barred, as they did go back to court in 2007 to obtain a final charging order.
  9. 42man et al. I have just received a copy of Shoosmiths allocation questionnaire; I'd be grateful if any of you could cast your eye over it and comment. Shoosmiths are still stating the following, “A Default Notice is only required to demand repayment of future installments and is not required to recover repayments that have passed”. Shoosmiths go on to further state, “As all of the installments are now overdue it is irrelevant whether or not the Default Notice has even been served. A clarification as to the above would be appreciated; the link below will take you to their allocation questionnaire documents. Shoosmiths Allocation Questionnaire 200809 pictures by B19LCS - Photobucket
  10. Middenmess I have a name and a telephone number. I’ve crunched the numbers from the available statements and it totals £14,776.50 with compound interest, adding the statutory interest at 8% makes the total £15,958.61. With reference to their failure to supply me with all of the requested information Middenmess are you suggesting that I call them, if so I’d prefer to maintain a paper trail? I need some pointers as to how I should approach their obvious breach of the law, do I give them further time to produce the missing statements or do I inform the Information Commissioner? Thanks for your time.
  11. Herman thanks for replying. My PPI payments date back to 1996. I have 19 months of statements missing from the beginning of the agreement, so they have also failed to respond fully to my SAR which was sent to them December 2007. I've just finished putting all of the PPI payments into the calculator and will use your formula to calculate further, once I have completed that I'll post here what I estimate they owe me. Regards SL1210
  12. Mrs P, have a look at what car2403 has posted on this thread #949 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/83035-guidelines-requests-original-agreement-48.html From that I think the weight of the law if firmly on our side, if these financial institutions decide to destroy our important documents before the scheduled time more fool them!!
  13. When did you send in your SAR request?, did you send a £10 postal order with your request? they have 40days to comply. Mrs P I sent off my SAR to Halifax using the template SAR letter from this site and paid the conditional £10, this was sent to Halifax 15/12/07. Halifax had to be reminded by me of their duty to supply the requested information in the specified time, they also had a LBA from me as they failed to provide me with all of the information in one posting. At the time of requesting the SAR my focus of attention was to remove the CCJ and the Charge against my house, now that I have started to scrutinise the statements this is how I have come to stumble on their omission of statements. Hope they do provide statements going back to 1996 as I think it's going to be difficult to work out what Insurance premiums you've paid whithout them. I have statements from November 97 to February 2008, so in actual fact there are nineteen months worth of statements missing. The Companies Act requires them to keep documents, proving the Account for tax purposes, and they have to comply with Money Laundering Regulations, for obvious reasons for 6 years after the Account ends. Just an example with the compound interest calculator APR 29.9 £30 paid in insurance on the 01/01/1996 today would be worth £1779.96 + 8% statutory interest. Thanks for this explanation; Middenmess gave me a succinct explanation earlier also. With PPI and unenforceable agreements I'm not sure if you can have the agreement declared unenforceable and also reclaim the charges and PPI, I'm still reading many threads but cannot get clarity on this. An unenforceable agreement doesn’t stop you from claiming back charges or PPI it in fact adds weight to your case. Thanks for your reply Mrs P.
  14. All of the above was said with my tongue firmly in my cheek. I think they’re on the back foot as they’ve already withdrawn their application to the court to get my judgment set-aside.They have no CCA, and have failed to respond completely to my SAR. I believe that my case is a strong one, if anyone thinks different I’m happy to hear their point of view on this matter. I will fight them all the way for what is mine. Thanks again for your help, it’s truly appreciated.
  15. I'm missing 18 months worth of statements, do I need to go back to them to get them to produce the outstanding statements, or is there away of calculating the first lot of payments? Thanks for the information Middenmess, a nice new car, holiday and a new kitchen perhaps then, all courtesy of HBOS for fleecing me for more than 10 years. Ironically I did call them on 2 separate occasions to cancel and was talked out of it, I'll now look at it as a nice little investment policy.
×
×
  • Create New...