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Everything posted by glennyboy

  1. I have now received a reply from Collect Services stating: "We are in receipt of your recent communication and would advise you that the information requested is a Subject Access Request under the Data Protection Act. We are unable to provide you with the information requested as you are not the person named in our records and you have not provided written authorisation from them confirming that the information can be given to you. Obviously I can draft an authorisation letter for my daughter. Are they right about the S.A.R ? What next?
  2. This is the full story so far. My daughter has had two parking tickets correctly issued by Hillingdon Council. She did not pay them and it was passed to a firm called Collect Services. She has recently had a baby and has been suffering from post natal depression. Bailiffs have been calling at her flat and posting demands through her door. It got so bad that she wouldn't stay at the flat and spent almost all her time at her mums. The latest demand delivered by hand stating it was too late to pay and if they did not get full payment of £720 in 24 hours they would be back to force entry and take goods. My daughter was so distressed that my ex wife paid the demand on her Mastercard. No breakdown of the costs given and no receipt to be sent, just a reference number. I told her that this must be wrong and she tried to stop the payment, but it had gone through. I am certain she has been had over by these sharks. Can I demand a breakdown of the costs with a view to taking them to court for unfair charges, like bank charges. All help appreciated.
  3. I don't believe this. I have now had a letter from a firm called Lewis. Along with this letter was a letter from Egg saying they had now assigned the debt to them. These people are now demanding full payment, despite the last Court action being wholly withdrawn ! Where do I stand.
  4. Well Cabot have finally replied to my CCA request. All they have supplied is a photocopy of Goldfish terms and conditions with my name hand written on it in pen. No name, old address or signature. I suspect this is not a copy of the original form because they cant find it. Along with this is : 1.A photocopied letter from Cabot stating they have bought my account from Cabot. I have never received this letter. 2. Two sheets of A4 paper with about ten transactions from 2002 on it. Surely this is not enforceable in Court, considering Goldfish have completely ignored my requests for return of charges ?
  5. Bump I have now been contacted by Abbey , in August,again explaining their position regarding my claim and the ongoing High court case, saying its all on hold until the case is completed. HOWEVER, I am now being pestered by WESCOT ,at the same time, who have now sent a final notice threatening Court action at Hull County Court for the full amount . All my correspondence to Abbey clearly states IN DISPUTE. Can Wescot get away with this or is there a template letter to send them???
  6. When I sent my SAR to Black Horse I must say their response was very good . The stuff they sent back includes copies of everything I have ever signed /sent, including the CCA. It's so comprehensive , it shows the enquiries with the Inland Revenue Service, and enquiries with my employer, which rattles me a bit. As I have said I have filed my defence stating part of this is disputed and offered to pay a certain amount that I can afford. Will this go through the Judge or is it sent to Black Horse to see if they will accept it. Can they put a charge on my house for an unsecured loan?
  7. Lloyds/Black horse are taking me to court for £2700 after I got into trouble repaying a loan after four good years. I have filed a defence stating account in dispute due to unlawful charges applied. Their solicitors have not reponded to my request for the info they will be relying on (sent 10 july 200:cool:.) I have now received my Data Protection Act info from black horse and I have found out they have applied a "collection activity fee" on each unpaid instalment, totalling £235.The solicitors are claiming it's £375 "unpaid fees charges". So none of it appears to add up. Some of these collections were applied the day after I had paid my agreed reduced instalments!! When the reduced payments were agreed, nobody mentioned a collection fee. Also in this info is a record of computerised account diary notes.It shows that they have been checking up where I work with the tax people and confirming that I am a homeowner (albeit with a large mortgage). The last entry shows their solicitor requesting an attachment of earnings/charge on my house. Can they do this on an unsecured loan? What can I do next ? taking into account they have already applied to the County Court before I knew the amount of fees. I am very worried about losing my house.
  8. Two letters from Cabot. The first states that they have requested the info from the original lenders. Although Cabot has requested the information, the original lender is experiencing delay in retrieving the information from its archives. As a gesture of goodwill we will put your account on hold until we receive communication from the original lender. I wont hold my breath. The second refers to a template letter I sent about telephone harrassment. It says: I note you refer to the Administration of Justice Act 1970 section 40. We would inform you that this act has been repealed and at no time have we committed any offence of harrassment. We merely seek your co-operation in settling your financial liabilities. Have I used the wrong template ?All the same, they have taken my phone number off their records. For now.
  9. Black horse are taking me to court for £2700 after I got into trouble repaying a loan after four good yeras. I have filed a defence stating account in dispute due to unlawful charges applied. Their solicitors have not reponded to my requst for the info they will be relying on(sent 10 july 2008). I have now received my Data Protection Act info from black horse and I have found out they have applied a "collection activity fee" totalling £235.Their solicitors are also claiming £375 "unpaid fees charges. So none of it appears to add up. Some of these collections were applied the day after I had paid my agreed reduced instalments!! Also in this info is a record of account diary notes.The last ebtry shows their solicitor requesting an attachment of earnings/charge on my house. Can they do this on an unsecured loan? What can I do next ? taking into account they have already applied to the County Court. I am very worried about losing my house >
  10. Thanks I'll do that. Have just got a letter back from Cabot.Looks like a standard letter. It says :We acknowledge receipt of your request under Sections 77 and/or 78 of the Consumer Credit Act 1974. The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender. Are they right? Seeing as LLoyds/Morgan Stanley and Goldfish have all failed to acknowledge any of my requests I don't hold out any hope of Cabot finding it!!
  11. It seems my debt has now been passed to Cabot Financial, who are bombarding me with letters and phone calls, up to five a day. I still haven't received anything from my S.A.R ( I know how long ago I last posted on here!) If Goldfish refuse to play ball, what's the best couse of action with Cabot. They have just sent a default notice ( big deal, my credit rating is shot anyway) demanding full repayment in 28 days or Court Action. How can I find out what paperwork they have got, seeing as they want to go to Court ?Any advice re a particular template/request.
  12. Bump Can they start on me again?
  13. Sent the letter demanding Carter supply all info as per Rory's post. Filed defence stating Fredericksons have never complied with my CCA, and the fact that my previously agreed payments have gone missing ( only just discovered that, £400 missing). Have now received a notice of discontinuance stating Between EGG BANKING PLC Claimant and GLENNY BOY Defendant NOTICE OF DISCONTINUANCE OF PROCEEDINGS TAKE NOTICE, that the Claimant hereby wholly discontinues this action against the Defendant. We certify that we have given Notice Of Discontinuance of proceedings to every defendant against who the Claimant desires to discontinue. BRYAN CARTER blah blah Where do I go from here? Can they start this all over again? I can't believe how this firm can cause such worry with their bullying, knowing full well they haven't got a case!! Rory, thank you so so much for your help. You certainly know your stuff .
  14. Brilliant Rory I can't thank you enough. I am onto it straight away. Watch this space.
  15. Rory Egg settled the penalty charges a while back. I was then paying £75 a month, off my own back direct to Egg. Capquest were chasing for the full balance, so I CCA'd them. They sent it back to Egg without explaination and Fredericksons got involved. I requested my CCA agreement from them on 10th May 2007 and have never received it. I have then received various demands from Carters, even though them of Frederiacksons non compliance and sent them copies of my requests. Now this online money claim has landed on my doorstep for this strange amount. I phoned Carters this morning who told me to contact Fredericksons( who all seem to working from the same phone lines!). They told me they have sent a copy of my CCA twice in January. They absolutely have not. How can I prove that at court? It all seems a bit weighed against me. I dont know how to respond. I have never had a CCJ against me and am scared that if I go through defending this I will get a judgement on record.
  16. Help! I am really scared now. I am terrified of losing my house. After a period of not hearing anything, I have now received the following from Bryan Carter; As you have failed to make repayments on the above account we have now issued litigation proceedings in the county court. You will receive the claim form in the next 48 hours direct from the court. You can telephone 0845 3133128 and discuss this matter with your account manager. If judgement is entered against you and remains unsatisfied it will remain on the register for six years and you may have difficuilty obtaining credit. The claim form from the Court Shows an amount of £297 + Court fee of £15 + Solicitors costs= total £362. But the balance Egg want settled is shown as £6306. The particulars of claim state: The claimant claims £297.such sum being part of a debt due under an agreement whereby the defendant agreed to pay the claimant £6241.19 For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendant owes to the claimant under the agreement. the claimant reserves the right to make further claim for such sums of the debt as remain outstanding. Why are they not claiming the whole lot? Can they keep claiming it in small amounts ? Can I see the paperwork they are going to rely on ? Hopefully it should contain my correspondence with all the agencies I have spoken to. I am really scared about this. I can't lose my house this late in life.I feel like topping myself.
  17. am in dispute over charges, and ABBEY refuse to adress those claims?
  18. Well this matter has been sitting on the back burner for a while. This is mainly because of the High Court Action regarding charges. I haven't submtted my claim to the court yet because I know everything is on hold. I have however contimued to pay £50 a month in an attempt to lower the debt. I have had regular letters from BEBT MANAGEMENT COLLECTION (part of ABBEY) demanding repayment even though I have told them I am in dispute over charges. I have also heard from RICHARD HARRIS, COMPLAINTS DEPARTMENT, saying that my claim will not be looked at until a ruling from the High Court. have replied stating that in that case I will not resolve my overdraft issue for the same reason I have now received a letter from A company called MOORCROFT, PRE COURT LITIGATION SERVICES , demanding I repay the lot. If they take me to court, can I cite the fact I
  19. Fredericksons have continued to demand payment. I have continued to pay Egg £75.00p a month, and that's a struggle. Now I have had a letter from Bryan Carter Solicitors demanding payment in full of £6241.00p, within seven days, or they will issue proceedings with an extra £290.00 fes and costs added. I have sent them copies of my letters to Fredericksons, and told them they are assisting a criminal offence, because thay have not complied with my CCA request. What chance they will take me to Court?
  20. Have sent the following reply to both Nelson Guest and Wescot, Dear Sirs, Thank you for your letter dated 22/06/2007. Please find enclosed a copy of a letter to Wescot Credit Services which fully explains my position, and proof of posting and receipt. At this moment in time Wescot are committing a criminal offence by ignoring my legal request. Likewise, Goldfish have decided to ignore the same request, despite numerous documented Subject Access Requests under the Data Protection Act 1998. I await a satisfactory response from both parties. Until then, I do not acknowledge this debt. Should this matter result in legal proceedings, I look forward to both Wescot and Goldfish explaining to the Court why they have decided to blatantly ignore my requests Wescot now state that they are passing my account to a "doorstep collections agency, I can avoid this by contacting them" What's the likelihood of someone turning up at my door without a court order? Just a bit concerned because my partner spends a large part of the week on her own while I work away. I dont want her bullied on the doorstep.
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