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  1. This topic was closed on 10 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. The FOS determined that Lloyds TSB should remove a default from my credit file and remove all negative markers. The default was for £3500 and was related to an overdraft. 15 months after the FOS decision the bank has failed to remove the default. I have been in regularly contact during this time with the FOS and the bank but so far they have failed to do this simple task. They have talked about resolving the matter once and for all and paying substantial compensation for distress and inconvenience. I would like to know whether anyone has had similar experience and what payment would be satisfactory. Regards
  3. Does the bank owe a compulsive gambler, (following disclosure of a gambling addiction) a duty of care to restrict transactions and prevent the overdraft from being used to gamble with. If the bank has a policy to restrict borrowing and this is not followed could this give a right of action to the account holder in a civil court to reclaim all losses or is the cause too remote?
  4. Thanks I've taken it up with 1st Credit and they are investigating. It also looks like they have discussed my account with my business partner when he saw the letter from the accountant. The ICO said I should complain to them but I want compensation for the distress and embarrasment. I am willing to pay for initial consultation with legal expert on DPA. Any reccomendations appreciated.
  5. This really is a joke. 1st Credit / Barclaycard have written to me at my company's registered office (which is our accountant) to inform me that my alleged debt (which is now time barred) has been assigned to 1st Credit. I would like some advice as my accountant and business partner have seen the legal assignment letter. 1. I was well aware that the alleged debt had been assigned to 1st Credit2. The alleged debt is time barred3. No paperworkThis is a personal (alleged) debt and it is nothing to do with my company. Surely their actions are excessive and unwarranted. I would like to sue them for damages? Is this considered harrassment or is it just a breach of the DPA. Advice please.
  6. Did you ever get a copy of the agreement? I had a loan taken out May 2004. Would like to know if the ERC was stated prominently on there. Since been redeemed.
  7. Hi All, Sooner the FSCS go the better. They dont even look at MCOB when assesing complaints they only look at their rules 'COMP'. Does anyone know when the FOS look at MCOB?
  8. I'm currently at the litigation stage as I missed the opportunity to escalate to FOS. You should check your contract though as mine states that they will "only charge fees to the extent that has incurred costs". If they change that and say that and say they are part of the remuneration this surely is contract misrepresentation and in any event you signed up to those terms.
  9. Hi Could I please have a copy of this as my gf got charged £28 for going £3 over her limit. Cheers.
  10. Hi Where is this library of evidence of misrepresentation currently?
  11. Hi, I had an initial conversation with the Collections Manager in May 2009 who informed me that they had already sent out a copy agreement. I told her I hadn't received anything and that is when she advised me to wait until I received a copy agreement that I was happy with. They kept sending me blank poor photocopied agreements that were partially illegible.. When I complained I receive the response 'now that we have complied with your request we are not in breach by reporting late payments to the CRA'. It all pointed towards a lack of training and miss information which has cost me in CRA data as when I tried to get the information removed as per conversation they refused and said it was factual.
  12. Hi, I have had a long standing dispute with the Co-Op (Actually a Smile Visa account) since march 2009. Basically I requested a copy of my agreement however I was miss advised by the Collections department Manager with respect to making the minimum payment. Co-Op didnt attempt to provide me with an agreement until May 2009 at which time I had already ceased payments to the account. After speaking with the Collections Manager I was advised not to make repayments until I was happy with the copy agreement provided. In fact Collections Manager who shall remain nameless (unless anybody else has had similar experience) stated that once I had received a copy of agreement that I was happy with they would remove derogotory status on the account with CRA and remove any accrued interest throughout the period of non compliance. Of course this information (with hindsight of Mcguffick judgement) is not the case. To compound matters I also received a letter stating that 'now that we have complied with your request we are not in breach by reporting late payments to the CRA'. I have pressed the Co-Op on these two issues and they flatly deny that they gave this advice and of course my credit has been adversely effected. Needless to say that the Co-Op wrote to me informing me that they no longer have a copy of the agreement in their archives but several months late payments will remain on my file. My argument is that I was miss advised and their letter clearly communicates a confused message. My aim is to have the late payments removed. Would be grateful for advice. Cheers IHMB
  13. Thanks for your help. I've just looked back over my old paper work and I did send them a letter in October saying that they unlawfully terminated and do not have my consent to reinstate the agreement although I didnt sat that "I accept your unlawful repudiation". Should I rely on this or am I best to firm up my position with a more recent letter as the 75 quid was paid after this letter. Invalid DN seems to be worse than unenforcable CCA the only problem is damage to credit reputation.
  14. nks22 thanks for your prompt response on a sunday! I havent wrote to them yet about this because there have been lots of other issues involved i.e. s 78 request/letter saying they dont have a signed agreement but I think the DN is the best route to go down. Since termination they have added an additional £500 interest to the account. In terms of CRA can I insist that they update the Default date to the date of termination as they appear to believe the agreement is still running depsite their termination letter of 19th Sept 2009. Thanks IHMB
  15. Hi All, I received a DN which was dated 12th August 2009. The remedy date was 26th August 2009. I calculate that the remedy date should have been 1st September could someone verify this. It was sent 2nd class post. They did not terminate/inform me that they had terminated the agreement until the 19th September 2009. That being the case could they argue with any success that they gave me plenty of time to remedy the breach. This is what they are insisting. Also could I have made things akward by making a payment of £75.00 to them after termination or could I say this is for the arrears on the notice?
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