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wobbles1914

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Posts posted by wobbles1914

  1. Your problem is the result of failing to assert your rights and follow your S.A.R - (Subject Access Request) and CCA requests through with well proven CAG advice, which is to assert your rights vigorously and work to a strict, no nonsense timetable in a business like manner.

     

    You may get your statements, but even if you do get them by Friday, that only leaves you a week to work out a counterclaim, which we will all happily help you with, but you would be better off taking the advice of friends, than placing your faith in the company taking you to court.

     

    noomill060,

     

    Thanks for your comments. :) Let me explain...I didn't mean to upset you.

     

    I have not been seduced by one civil phone call with BC and I by no means trust them (or any other commercial entity for that matter). As stated earlier your advice (and other CAG colleagues) is highly valued and I certainly don't think that I don't need help, because I do - lots of it.

     

    I can't do anything about the past. I don't think I was the only one that assumed that the stay on bank claims also applied to credit cards - hence no action there. With regard to the CCA non-compliance, I was pleased that this appeared to make the debt unenforcable however, in spending days reading lots of threads there did not (around late spring time) appear to be a gauranteed "end-game" move that actually acheived anything significant (things may have moved on now though).

     

    Back to the case in hand...

     

    The way I see it is that I have two weeks max to compile a strong defence (with CAG assistance I hope). In spite of the help this is going to be a tall order for me. Therefore I did not want to spend time and energy raising a claim for a breach of S.A.R - (Subject Access Request) deadline, when the number one priority is the the defence of the BC claim.

     

    IF the statements arrive this week, I would feel that time and energy had been lost preparing the case. I would rather fine tune the defence of this claim (CCA, default notice, etc). If you (or anyone) don't agree with this reasoning or it is a blatant error of judgement, please let me know.

     

    This was my reasoning. I was not saying that I would dispense with CAG in favour of BC.

    I know who my enemies are :eek:

     

    Wobbles

  2. Noom & car,

     

    Thanks v much for your input.

     

    An update regarding outstanding SAR items - I found a phone number on this site for DPA dept of BC (inspite of Customer Services telling me that there is no number for them!). I spoke to a lady and explained that I was missing microfiche details. I was told that they had been sent some months ago, "hadn't I received them?". Anyway they are being processed and sent out urgently this week. I've been told I will receive by end of week.

     

    At the moment I will hold fire on SAR claim, in case they arrive as promised. Then I will have a complete picture of the actual charges by the w/end.

  3. Just to get an idea, I have taken an average interest rate over the 3 years and applied this to each charge and date.

     

    The interest now approx £250 so charges plus comp interest is now approx £850 for 2004-2007).

    Obviously, if I can get hold of the 2001 to 2004 charges that will have a big impact too.

     

    Wobbles

  4. Hi noomill060,

     

    Hopefully you are online at the moment.

     

    Regarding charges I have established a couple of things:

     

    1. I do not have all the statements as per my S.A.R - (Subject Access Request) as I initially thought. I only have 2004 - 2007 and NOT 2001 - 2004. The letter I received from BC with the 2004-2007 bits said I would receive microfilm within 6 weeks (in May07) but in never turned up!

     

    2. On the 2004-2007 transactions I have total charges of approx £600 excl interest. I downloaded the complex interest s/sheet but I had problems understanding how to complete it so I have just done it based upon 8% which adds another £100 or so.

     

    I rang BC and advised them that the microfilm was well overdue. I was told that they have no telephone numbers for the SAR / Data Protection DEPT and that I should post a copy of the May 07 microfilm letter and await a reply! I cannot envisage receiving any addition info both I have to file my defence in 14 days time...

     

    I have ack'd the claim today so I have another 14 days to file a defence. I will be look at this over the next few days.

    However, what should I do about the missing microfiche transactions?

    Should the charges be mentioned on the defence or should I just concentrate on No-CCA issues?

     

    Wobbles

  5. Thanks all for your advice.

     

    car2403,

     

    My answers are inline...

     

    Originally Posted by car2403 viewpost.gif

    Other things I'd like to know are;

    - Have you disputed any of the balance already? NO - only SAR & CCA

    - Have you had replies to these disputes? N/A

    - Have you corresponded with them since you received the claim form? NO

    If not, you need to take a look at my thread, here, and send a CPR request for more information ASAP; Will do

    car2403 -v- HFC Bank (Default removal)

    When I have digested all this info I will send a post outlining my steps as I see them just to make sure that I am not missing anything out.

    It will be late this evening, as off shopping now :-(

    Wobbles

  6. Other things I'd like to know are;

    - Have you disputed any of the balance already?

    - Have you had replies to these disputes?

    - Have you corresponded with them since you received the claim form? If not, you need to take a look at my thread, here, and send a CPR request for more information ASAP;

    http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default.html#post1146430

     

     

    car2403,

     

    I will come back to you on these points.

     

    Cheers

     

    Wobbles

  7. You may be pleasantly suprised...

     

    noomill060,

     

    First all, thanks for getting "stuck in" and raising the profile on this thread!

     

    Secondly, some more things to check...

     

    Do I include the post-OFT £12.00 charges or only those above £12.00?

    With regard to interest (from what I can remember from months ago) is that this is only mentioned when I raised a claim not on the LBA letter. Do I still need to do an LBA or do I go straight to raising a court claim (as we are already in a court setting?

     

    Cheers

     

    Wobbles

  8. Hi Wobbles,

     

    A few questions for you

     

    When did you send the CCA and was sent Recorded Delivery? If so was it signed for?

     

    Have you sent a S.A.R - (Subject Access Request) to Barclays, if so when and was it recorded

     

    Have you seen a copy of the Creditors Particluars of claim yet?

     

    regards,

    shane

     

    Shane,

     

    Thanks for your questions.

     

    Yes, due to the fine reminders on CAG I sent both the SAR and CCA via recorded delivery. I still have the receipts. The fact they received the SAR is proved by the copy statements they sent me. However, there has been no reply to the CCA.

     

    The POC:

     

    QUOTE

     

    Balance under an agreement regulated by the consumer credit act 1974 made between the defendant and the claimant or it predecessor in title and outstanding at this date. The defendant remains liable for making monthly repayments under the agreement until the outstanding debt is repaid...

     

    UNQUOTE

     

    Cheers

    Wobbles

  9. wobbles- when you say BCard owe you several hundred in charges, does this include interest on those charges?

     

    If not, dont forget that they owe you this interest as well.

     

    (Penalty charge + interest at the % rate you paid on each charge from the date it was debited = your claim)

     

    Noo,

     

    I will come back to you will a definative answer when I have totalled the charges on a s/sheet. Thanks for your comments - I will enter a link in the above-mentioned thread.

     

    Cheers

     

    Wobbles

  10. Although my claims have failed to reach the Court stage,I would certainly go with the failure to produce the proper agreement,with prescribed terms, as requested by yourself,having no doubt paid a £1 for that info and have proof that this was sent/rec'd by BC.

    My understanding regularly stated on this Forum is...No CCA=No Debt.

    I would also get my claim in to BC for the penalty charges asap.

    I hope this helps ,and am slightly surprised someone with this sort of experience has not given you the benefit of that experience,by donating to your post.

    If I can help then will do,so pls keep posting.

     

    Rtech,

     

    I really appreciate your post and sentiments.

     

    Cheers

     

    wobbles

  11. Hi Folks,

     

    I will be brief and provide more details if requested.

     

    I have recently received a summons from county court regarding an outstanding b/card debt of around £2000. I have until next week to acknowledge and then another 14 days for defence.

     

    HISTORY

     

    I started making repayments in March 07 to Moorcroft until I found CAG and sent both DCA & BC a CCA request. DCA did not have agreemnet so sent the account back to BC. BC never responded to CCA.

    I also sent a S.A.R - (Subject Access Request) to BC and received details that confirmed there were a few hundred pounds of unlawful charges on the account. I also did not proceed with the claim as I was processing another two at the time and wanted to focus on those. Now as you know, there is a "pause" on claiming due to OFT case.

     

    QUESTIONS

     

    How should I proceed in my defense? Should I use the fact that no CCA was provided and ask for one again in defense? Or should I reject claim based upon unlawful charges deeming the amount outstanding inaccurate?

     

    Please help (as you always do).

     

    Cheers

     

    Wobbles

  12. I have Recieved a goodwill offer in the letter below,

     

    I’m sorry you are unhappy with the charges and I understand you would like these refunded. Although the charges were correct, as a gesture of goodwill, I am happy to refund £*,****. The monies have been sent to the Debt Management Office to offset any debt you still have with them.

     

     

     

    herewegoagain, I do not want to know your actual figures, but could you give me an idea of the approx % percentage of your claim they offered as a goodwill.

     

    Cheers

     

    Wobbles

  13. There are problems re-claiming money if the DCA can prodiuce a Deed of Assignment. A CCA makes a debt unenforceable, but the D of A proves its existence... resulting in a stalemate in court. If you are the one to take this to court, then you will be the one with the bill for costs.

     

    PriorityOne,

     

    Interesting point.

     

    Is there anywhere that outlines the legal prerequisites of a valid DoA. There is one DCA that I know of that prints tacky fake DoA themselves assigning alleged debt from OC to DCA. Do we know if this con would stand up in court vs CCA non-compliance?

     

    Wobbles

  14. GREAT - Just managed to get one of my 1st CREDIT debts(£3700) wiped clean off my credit reports by disputing the information through Experian(I actually stated that they do not hold a signed credit agreement). Not sure how I wangled this one as the other entry that I disputed at the same time they refused to remove.

     

     

    Grezmel,

     

    Well done on this result. Out of interest, who was the original creditor for this debt that was removed?

     

    Cheers

     

    Collie

  15. Listen mate, I've reported your posts to mods - why don't you give it up and if you don't have anything constructive to say on this forum, go elsewhere to post your views where they would be more welcome.

     

    I don't know what your problem is with bailiffchaser and I don't know him/her so cannot comment on any situation, but really - people are actually using this site for constructive purposes and don't need to keep seeing your tedious little digs.

     

    Tiglet - Am I missing something? What's this post all about? Is there some history or something between you and BC? I can't see what was wrong with the OP.

     

    Cheers

     

    Wobbles

  16. Wobbles

    Sorry I meant LBA..letter before action lol. My head is mince at the moment trying to keep one step ahead of 4 banks, 1 DA and 2 Finance house.

     

    Re the telephone letter..I sent this to 1st Credit and have not had a phone call since..wish I knew about this a year ago. I was getting hounded by phone night and day from everybody..unplugged it eventually!

     

    Thx GD - I thought that might be it but I wasn't 100% sure. Sorry you are in the thick of things at the moment. :-(

     

    Wobbles

  17. There is LOADS of talk on here about a creditor needing a court order to enforce a debt if they furnish a correct agreement/statement under a CCA request. Can someone please direct me to the legislation becuase I cannot find it within the CCA.

     

    I appreciate that an offence is commited after the 12+30 days period but I can't find head nor tail about the leave of the court being needed.

     

    Thanks!

     

    Sequenci, I am one of the least experienced on here but I seem to recall CAG bigwigs saying that as soon as the correctly executed original agreement is produced, the debt is enforceable, even if it produced beyond 42 days.

     

    See this post by Gizmo

     

    Wobbles

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