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  1. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. Hi Slick, Yes you are right, it boils down to 1st Credit pursuing the debt via the courts or not! Obviously I'm hoping for the latter, and taking all reasonable steps to prevent this, or at the very least, being able to present a good case! I am not sure how sucessful 1st Credit have been (sadly I think quite sucessful!), during court cases where an application has been presented, rather than the requested agreement (suppose some of this relates to the judge in question on the day, and their knowledge). My hope is that my dispute about the outstanding amount will also be one more thing in my favour, plus the fact that BC are still receiving a contributory amount from me each month, so it's not as though I am trying to avoid the debt! See there I go, waffling again! Hope I don't get a scanner for Christmas!!!! Thanks again, letter just fresh off the printer now (the one thing that I am able to use!). LOL Red
  4. P.S. I have managed to work out why I was unable to use paragraphs, fonts and colour (had forgotten to adjust the computer firewall settings!)
  5. Slick, thank you for the less waffle version! And thank you for editing my post, not sure how I managed to get into such a muddle yesterday! My original draft letter was making sure that they knew that I am reasonably clued up. I understand that I have not posted up the solicitor's letter for you all to read, as I do not own a scanner, nor have I ever used photobucket! (aggghhhh technology!). There were certain phrases that I used which were worded in a way which was a direct response to some of their comments/points, so I may adjust slightly. If I keep it simple, (TY Hopeful1, hello to you!), then hopefully my points and stance will not be lost! Great work guys and gals, thank you so much. Red
  6. Hi again people, please could someone with a good eye for detail, and knowledge of the law take a quick look over the letter below, which I have drafted ready to send to the solicitors? Any comments / amendments welcome! My replies to your points are as follows: Failure, by a creditor/owner to supply a true copy of a Consumer Credit Agreement, under sections 77-79 of the Consumer Credit Act 1974, means that they may not enforce the agreement. Therefore, I dispute that 1st Credit, your client, are entitled to pursue me for any monies alleged to be owed, on this basis. Your client, 1st Credit, in their letter dated ****; state that they are aware that a debt is unenforceable whilst there is a dispute (copy enclosed for your reference). There is an outstanding dispute between Barclaycard and myself. I dispute the amount that they allege that I owe. I am unable to provide you with full copies of this dispute, as it is currently under investigation by the Financial Ombudsman Service. I am certain that Barclaycard will be able to assist you with relevant copies of this dispute. The paperwork that you have sent me is a copy of my application form, and not a true copy of my agreement. The Consumer Credit Act 1974 lays down rules about how consumer credit agreements must be documented. The copy of the application form fails to meet these requirements on a number of points, including 1) key financial information (including the amount of credit or the credit limit, the duration of the agreement, the APR, the total amount payable, and the amounts and timing of repayments) 2) other financial information (including a description and cash price of goods or services, any advance payments, the total charge for credit, the rate of interest, how and when interest charges are calculated and applied, the order of allocation of payments, and variable rates and charges) 3) Key Information (including default or other charges, any security provided by the borrower, and prescribed statements of the protection and remedies available to the borrower) The statements which you have provided are worded in such a way that as a layman, I am unable to decipher the codes and what the amounts of charges are pertaining to. I have not requested a copy of the ****date*** statements and am pondering their relevance to my dispute against this alleged amount. You have requested that the total amount of ***** is paid by ** November 2008. I would ask you to justify this amount. Your letter dated *** advised me that your client would accept an amount of £**** by the ***** 2008. Please could you explain why the amount has risen over a period of just under a week by £****? If you are referring to the interest that your client would claim at a rate of 8% per annum, may I remind you that under section 69 of the County Courts Act 1984, the interest may only be claimed by the claimant from the date of judgement. There has been no judgement to date. However if these charges relate to another matter, please could you put in writing as to what these charges are for. In the light of the fact that the copy documents which you have sent me are not a true copy of my agreement under the Consumer Credit Act 1974, as formally requested, along with the correct fee paid, that it is your prerogative should you wish to pursue this disputed debt through the court. I will defend any such claim. I would like to request, for a second time, a copy of your complaints procedure. SORRY PEOPLE, UNABLE TO EDIT THIS POST WITH FONT/COLOUR/PARAGRAPHS ETC. I APPRECIATE THAT THIS MAKES IT DIFFICULT TO READ, WILL TRY AND AMEND WHEN POSSIBLE! PLEASE BEAR WITH ME!
  7. Thanks Slick, much appreciated, I am going to try and finalise paperwork this week end! If I get the opportunity, I may post up my response, taking into account your points from the last post. If I run out of time, then I will update the thread once the letter has been sent. Red
  8. Hi Surprise, OMG! What a nightmare you are having re CapOne. It always amazes me that where a company can be so vicious with one customer, they can be supportive and understanding with another! CapOne seem a little Jekell and Hyde, as with me they have been very competant, and understanding (best not speak too soon though!) IMO, it does feel that I am not so alone with my problems (other than sharing thm on here!), when I contact the FOS, OFT and TS. It still seems though that companies still have the upper hand, and the clout, and the departments to apply the thumb screws, let alone their DCAs etc, regardless of these external bodies who are here to help and support Joe Public. It sounds as though the FOS have been excellent so far in your case, you must have a good contact at their end! I have contacted my new adjudicator to aknowledge his letter, which did give a little light at the end of a long dark tunnel. Mind you, what I am quibbling about is financially a low low amount, but stress wise, very high! Lloyds in fairness have stopped contacting me since the FOS involvement, but I will still have to await the outcome, but definitely feeling more positive! best of luck with your daughter's case, and yes please keep me informed! I will do likewise, good or bad!!!! Red
  9. Solicitors have also requested that I pay them the outstanding debt by middle of this month, and stupidly appear to have added 8% that they threatened would added should this go to court (a biiiiigggg ooooppppps on their part!). They have refused my request for a copy of their complaints procedure, on the basis that "..the remainder of my letter does not merit a reply" due to them sending the paperwork i requested, ummm - NOT!. oh give me a break! no cca=no pay, blah blah. which i have already told them twice, and i am loathed to send them my complaint/dispute info that BC have failed to deal with, other than a final response that it is no longer their debt. agghhhh, all this red tape! any good advice please! thanks Red
  10. Hello all you lovely Cag-ers! Thank you, as always for the lovely messages of support! PMs may follow - you have been warned!! LOL Need some help if poss! Solicitor's last letter is ******* me off. Although I have been complaining to FOS, TS and oft, i fear that this still may get to the stage (knowing 1st credit) where they take me to court. Solicitors insist that they have sent me a copy of my agreement (application form in reality), and that this does not constitute a dispute. They want me to send copies of my BC dispute (cos they don't seem to believe that i have one) correspondence to them. more to follow - pc problems!
  11. Here we go again! 1st C's "solicitors" are applying the scare tactics of court action but they still can't provide me with CCA. They like my application form though, think I have been sent it three times now. Trading Standards have been very very helpful, and have advised that all phone calls that I have made regarding this complaint (about 18 months worth) can be used as evidence in court, OFT have also been very good, I have someone assigned to this complaint, along with a direct line tel no! And FOS are also very good, and patient bearing in mind that I just keep adding to my complaint! Lots of paperwork to do, but I am sure that it will be worth it - on a satisfaction level rather than financial! Red
  12. Have received a letter from the FOS regarding the outstanding case. Rather than being assigned to an ombudsman, another adjudicator has taken over my file due to my case not being dealt with fully by the previous adjudicator (who is on long term leave!). So, am quite happy that I am back in the system so to speak! All my low feelings about the FOS and their ability to look at cases in their entirity are currently suspended. Should be interesting, as FOS are asking Lloyds for more statements! In the meantime, Lloyds have not been in touch! Red
  13. Quick update: Spoke to TS re Hire Agreement / damage to instrument. Apparently all hire agreements whether finance is involved or not are regulated by the Consumer Credit Act. Specifically to my post, TS were suprised that no value of the instrument was mentioned, and that I should query this with the company. Also, all damage to be photographed and logged with the school/hire company. Photographs/letters/emails all completed. No comment at all from hire company or the school. Not even an aknowledgement of my letter! I must be the invisible woman! Son practising instrument ear plugs please! LOL
  14. Hi gyzmo, thanks for your reply, you were thinking along the same lines as me with regard to the credit agreement side, as I am not asking for credit! I do not have access to a scanner unfortunately, however I have looked a little further into HP agreements, and I do not think that I will sign the form, as the music instrument owners (not the school), have not put a price onto the instrument value. While I totally understand that should there be a loss (or sale!) of the item, or damage as not covered by my home insurance policy, then I will be liable to re-imburse the owner, however to sign a form under the Consumer Credit Act, seems unecessary. I hope that my son does not hold this against me, if he ends up being the only one not taking an instrument home, but with previous experiences (most of which not nice) with CCAs, I think that I will play it safe (not play it again Sam! LOL). Thanks for the reply! Red
  15. Hi gyzmo, I have sucessfully ordered contact lenses, I am short sighted, and purchased daily disposables, cheap, quick postage and great quality. AFAIK they also verified my prescription, do you want me to find out the web address name? Think that the company I use feature on the first page of most searches. Red
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