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ObstinateWally

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About ObstinateWally

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  1. It wasn't for a previous address, it's for her (now our) current one. She told me she hadn't paid TW for the last 4 years, along with other creditors, because of the breakdown of her previous marriage and other issues causing mental health problems. She just buried her head in the sand. I would assume the TW debt has to be paid, and I have no problem negotiating a repayment plan with them if that's the best course of action, but I wanted to look for some guidance here first.
  2. Hello again CAG, it's been too long! You'll be pleased to hear (I hope) that my own debt problems are now behind me, however I'm now looking for some help for my wife. She recently received a letter from Moorcroft regarding a Thames Water debt. Moorcroft state the amount outstanding is £692.48, and that they have asked their local representative to call on the 28th November. I would normally fire off a CCA request, however, as I understand it, Utility debts aren't covered by the CCA. What would you lovely CAGers recommend as my next step? We've talked about sorting her debts and she also has a mobile phone debt (currently with Resolvecall) and a Sky TV debt (which has allegedly been sold to Fresh Start Vanquis Bank). I would appreciate any advice you have to offer in dealing with these DCA's, as I have only ever dealt with debts that are covered by the CCA. Thank you in advance, regards, Wally.
  3. Hi all, I'm confused here ! As has been mentioned in my other threads I have been playing cat and mouse with DCA's over alleged credit card debts for sometime, and what I'm after is a bit of advice, regarding reclaiming charges from these cards. There are 3 accounts I wish to reclaim on, one with MBNA, one with HBOS and one with Cap One. My confusion lies here, how do I go about reclaiming charges for these accounts which have been passed/sold on to other companies. Do I SAR the original creditors, or the new ones, and by issueing a claim, am I admitting that the debt i lawful? These charges, plus interest, add up to well over £3000, so I'd definitely like to get it back. That's another question, do I actually recieve a cheque for the charges, or will they take it off the amount outstanding?! I'm so confused my head hurts! If anyone could give me an outline of what to do and what will/may happen, it would be greatly appreciated. Thanks for your time. Wally
  4. What else did you tell them Orlok? Anything to add to my letter would be greatly appreciated so I can send it off Monday morning.
  5. Hi all. After receiving the usual 'your debt has now been passed on to us' letter from 1st credit, I fired off the following reply, sent recorded obviously. My Address Their Address Dear Sir/Madam, I do not acknowledge any debt with 1st Credit Limited I hereby request, under the consumer credit act 1974 (Sections 77-79) the following from yourselves:- 1: A true signed copy of this credit agreement. Complete with prescribed terms, terms and conditions at the time of the agreement, and the current terms and conditions. 2: A full statement of account 3: A deed of assignment proving that you have the right to collect the alleged debt. Please note that whilst you are allowed to delete/obscure commercially sensitive data, no other data may be omitted. Be advised that once I receive confirmation that you (refers to yourselves and/or the company/companies you are acting for.) legally own the alleged debt, regardless of whether it is enforceable or not, I will be seeking to recover ALL charges that have been applied to this account for late-payment, breaching credit limit, etc. plus interest. Should the above documents not be forthcoming, or unenforceable at law, I will seek to recover all monies paid, plus interest. I will also seek damages. I enclose payment of £1:00 which represents the fee payable under the consumer credit act. This £1:00 payment is for the fee ONLY, and should not be put towards any alleged debt. You are reminded that under the Consumer Credit Act you have 12 working days to comply with my request. Please note that you are obliged to provide these documents, whether you are the original creditor or not under s.189 of the Consumer Credit Act 1974. I also wish to address the matter of future contact between you and myself. I hereby request that ALL future communications are made via letter only. Regarding telephone calls, I have no wish to correspond with you via telephone (This includes leaving recorded messages or sending SMS messages). As I have offered another way of contacting me, you have ‘no lawful business’ trying to contact me by telephone. Should you continue to try to contact me by telephone, I will regard these calls as harassment. Under the Protection from Harassment Act 1997 this is a criminal offence and I will take further action if necessary. Regarding doorstep calls, I advise you that under OFT rules, you can only visit me if you make an appointment, and it is not my wish to make such an appointment with you. There is only an ‘implied license’ under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, please take note that I revoke license under Common Law for you, or any of your representatives to visit me at my property. If you do visit me you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. In closing I would like to point out that I have been made aware of several dubious tactics used by yourselves in relation to debt recovery, including your recent reprimand by the OFT. In light of this I will be making copies of all correspondence available to the relevant bodies. I await your reply and the information that I have requested. Yours Faithfully, Wally. Today I received their reply in the post, and I'm wondering about the parts marked in red, any help would be greatly appreciated. My Address Dear Sir/Madam REF: Number etc. REQUEST FOR COPY AGREEMENT (Great grammar!) We refer to your recent communication requesting a copy of the relevant agreement. The document you have requested is retained by our client. We will therefore advise them of your request and arrange for the document to be sent to you as soon as possible. Should your request also include the below documents, please be advised the following: Deed of assignment - we would refer you to section 136 of the Law of Property Act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the Deed itself. (What?!? Never heard of this) Copy statements - there is a charge of £10:00 for this information (Isn't that an SAR request?!? I was under the impression a full statement of account had to be provided?) On receipt of the copy agreement we would expect you to contact this office immediately to arrange settlement of the debt. (Yeah, and you can go outside a pour rocksalt on the ground, 'cos hell will have just frozen over!) Please call our office should you wish to discuss this matter. Yours Faithfully ADMINISTRATION DEPARTMENT So basically what I'm after now is advice on what to do about this law of property mumbo-jumbo and the statement of account. I'm just in the mood to fire back a letter explaining that they're completely wrong, so any help will be greatly appreciated. Cheers Folks ObstinateWally
  6. Hello All, It's been ages since I've posted on these forums, but just to give you a quick update. One case is still pending, the other 2 have been settled. I know this post may be moved or even deleted, but I really hope that some of you will feel as much satisfaction from this as I do. Below is a copy of a letter I penned to my local Halifax branch yesterday, I hope it puts a smile on peoples faces. Branch Manager Local Branch High Street Dear Sir/Madam, I have been following the recent developments in the media regarding Halifax PLC, and as a customer of yours I feel obliged to write to you expressing my concerns. I am concerned firstly that the taxpayer is funding a failing company. Why should the public purse have to foot the bill for a gross mismanagement in the private sector? I appreciate of course this isn’t your fault, if it had been you’d have been paid an enormous bonus! When I had a credit card with you, and I got into severe financial difficulty, did the government bail me out? Of course not, getting into £4956.21 debt is my fault, and I had to deal with it. Now I would hope that the government is dealing with you in the same way you dealt with me, writing threatening letters, calling 3 or 4 times a day, charging astronomical amounts for late payment and over-limit charges, thereby increasing the debt and making matters worse? No they wouldn’t, because they are far more understanding about financial difficulties, and it isn’t even their money, it’s mine! Which actually makes me feel a little guilty about refusing to pay you back, okay, that’s a lie, my attitude is and always has been, get stuffed! In relation to my current account, you charged me for going into an unauthorised overdraft which YOU put me in as a result of illegal charges, then had the cheek to add interest. Once again the threatening letters arrive, and are promptly filed in B1N as usual. Somewhere in Brazil there’s arid land that used to be rainforest until the trees were cut down for paper to be delivered to a Mr Hal Efax, or something like that. (Don’t worry; this is recycled paper, hopefully made from one of your begging letters!). Nice to see you’ve managed to leave your mark on the earth though! You didn’t forget the courtesy of daily phone calls either, it was always nice to hear a familiar voice at the end of a rough day. As I still have an ISA account with a balance of £0.31 with you, I’d be delighted for you to take that 31p (Think of it as redundancy money) polish it up so it shines, I would like to close by paraphrasing a well known advert from a highly successful (If only you’d followed their business model!) company. Credit Card Bill = £4956.21 Unauthorised overdraft = £70:00 Delivery of this letter = £1:05 Halifax collapsing = PRICELESS I look forward to seeing you and all your staff through the window of the job centre as I walk past! Yours, with immense satisfaction, ObstinateWally
  7. Morning all, the postman delivered a reply from RW&C this morning, as I don't have a scanner I've typed up their response below... Account Info Dear Mr Wally We are in receipt of your payment of £1:00 Had a feeling they'd do that, even though I stated the payment was for the CCA only! Although we have credited this payment to your account the balance above is still outstanding and requires immediate payment. We may have previously allowed you to pay by installments but your failure to pay on time has resulted in that arrangement being withdrawn. Funny, I've never admitted any debt with RW&C, let alone set up a repayment plan. YOU MUST NOW EITHER... Make full payment by calling with your credit or debit card or by using the payment unstructions overleaf OR Call us to explain your circumstances; we may be able to agree a reasonable instalment plan, or even offer a favourable reduction of the amount you owe. Failure to act as stated above may result in us taking further action. Yours faithfully SIG Collections Manager Having had a look at other threads on CAG, it appears that this is their standard reply. Any advice on what course of action to take next would be greatly appreciated, thanks peeps. Wally
  8. Morning all, had a reply this morning from Lowell, I don't have a scanner, so I've typed out the content below... 30 April, 2007 Dear Mr Wally, Our Ref: ******** Original Creditor: Capital One Balance Outstanding £825.37 The amount's already gone down! Re: Lowell Portfolio I Ltd We are in receipt of your request for a copy of your credit agreement in this matter in accordance with section 78(1) of the Consumer Credit Act 1974. We are also in receipt of the presecribed fee from you. We are requesting a copy of the agreement from your original lender with whom you originally entered into the agreement. While we will endevour to reply to you with the required information within the prescribed 28 day period under the Consumer Credit Act When did this change from 12??? you will appreciate this is dependant upon receipt of the information from the original creditor. We will advise you further if it will take longer than the prescribed period and the reason to supply the required information. We trust this meets with your satisfaction. Yours sincerely, Nigel Beavan Collections Supervisor So we're all up to speed on this, obviously the 28 day thing is a bit of a curve ball. Any advice on what the next course of action should be, sit and wait or really start rocking the boat and claim illegal charges? Wally
  9. Starting my third thread here, really firing on all cylinders now! This debt is originally from a halifax credit card and was passed onto RWC just this week. They rang me up before I'd even recieved a letter from them! Obviously, I never answered. I investigated on the web to find out who they were, then rang them back using my internet phone, they gave me a reference number, which is all I wanted so I could fire off the following letter that same day. It was sent recorded delivery and was signed for by a J Sloane on 27th-April-2007... Robinson, Way and Company London Scottish House Quays Reach Carolina Way Salford M50 2ZY 26th April 2007 REF: ******** Dear Sir/Madam, Following our telephone conversation dated 26-April-2007 I am writing to you regarding the debt which you allege I have with yourselves. I do not acknowledge any debt with Robinson, Way and Company I hereby request that you send me a true copy of this credit agreement. I understand that under the consumer credit act 1974 (Sections 77-79) I am entitled to receive copy of this agreement on request. I enclose payment of £1:00 which represents the fee payable under the consumer credit act. This £1:00 payment is for the fee ONLY, and should not be put towards any alleged debt. A copy of this agreement should be supplied to me within 12 working days. You are reminded that you are obliged to provide these documents, whether you are the original creditor or not, under s.189 of the Consumer Credit Act 1974. I also wish to address the matter regarding future contact between you and myself. I hereby request that ALL future communications are made via letter only. Regarding telephone calls, I have no wish to correspond with you via telephone. As I have offered you another way of contacting me, you have ‘no lawful business’ trying to call me. Should you continue to try to contact by telephone, I will regard these calls as harassment. Under the Protection from Harassment Act 1997 this is a criminal offence and I will seek damages if this should occur. Regarding doorstep calls; I advise you that under OFT rules, you can only visit me if you make an appointment, and it is not my wish to make such an appointment with you, or any of your representatives. There is only an ‘implied license’ under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd[1959] 2 Q.B. per Lord Evershed M.R.). Therefore, please take note that I revoke license under Common Law for you, or your representatives to visit me at my property. If you do visit me you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. If you fail to adhere this warning and send doorstep collectors to visit me, I will use any physical force which is allowable by law to remove them from my property. I will also seek damages and pursue other legal action as outlined above. I await your reply and the information that I have requested. Yours Faithfully, Mr. Wally Now I'd like to know what to do next, do I just play the waiting game in respect of the CCA, or do I start to fight on all fronts and send off a request for a repayment of unlawful charges? Thanks for your help lads and lasses, looking forward to your input. Wally
  10. Hello all, this is my second post, wahoo... Lowell are chasing me for a Capital 1 credit card debt of £856. I get daily phone calls which go along these lines... RING RING Wally: Hello? LF: Could I speak to Mr. Wally please? Wally: Speaking LF: It's Iwasbulliedatschool from Lowell Financial, could you confirm some personal details for security reasons Wally: I don't give personal details over the phone, I'm sorry. LF: Thank you HANG UP As I'm sure anyone who's recieved these daily calls knows, it starts to get slightly annoying after a while, so after looking around this website for ideas, I posted the following letter, special delivery, on 26th-April... Lowell Financial Ltd. Enterprise House 1 Apex View Leeds LS11 9BH 26th April 2007 REF: ******* Dear Sir/Madam, Following our recent telephone conversation, I am writing to you regarding the debt which you allege I have with yourselves. I do not acknowledge any debt with Lowell Financial Ltd I hereby request that you send me a true copy of this credit agreement. I understand that under the consumer credit act 1974 (Sections 77-79) I am entitled to receive copy of this agreement on request. I enclose payment of £1:00 which represents the fee payable under the consumer credit act. This £1:00 payment is for the fee ONLY, and should not be put towards any alleged debt. A copy of this agreement should be supplied to me within 12 working days. You are reminded that you are obliged to provide these documents, whether you are the original creditor or not, under s.189 of the Consumer Credit Act 1974. I also wish to address the matter regarding future contact between you and myself. I hereby request that ALL future communications are made via letter only. Regarding telephone calls, I have no wish to correspond with you via telephone. As I have offered you another way of contacting me, you have ‘no lawful business’ trying to call me. Should you continue to try to contact by telephone, I will regard these calls as harassment. Under the Protection from Harassment Act 1997 this is a criminal offence and I will seek damages if this should occur. Regarding doorstep calls; I advise you that under OFT rules, you can only visit me if you make an appointment, and it is not my wish to make such an appointment with you, or any of your representatives. There is only an ‘implied license’ under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd[1959] 2 Q.B. per Lord Evershed M.R.). Therefore, please take note that I revoke license under Common Law for you, or your representatives to visit me at my property. If you do visit me you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. If you fail to adhere this warning and send doorstep collectors to visit me, I will use any physical force which is allowable by law to remove them from my property. I will also seek damages and pursue other legal action as outlined above. I await your reply and the information that I have requested. Yours Faithfully, Mr. Wally Having checked on the Royal Mail website, this letter was delivered on 27th-April-2007. I got a phone call that morning, which I did not answer. (Was busy having my nostrils plucked and watching paint dry!) But since then no further correspondance has been forthcoming from them. I would like some advice on what to do if they continue to call, and also what to do if the CCA does/doesn't arrive. I've read Diskmandave's thread about Lowell, and it's really lifted my spirits, let's hope the same thing happens to me. I'd also like to know what people's advise would be on going down the route of reclaiming charges from Capital 1/Lowell I look forward to hearing from you all, Wally
  11. Hello all, this is my first post on here, so please be gentle with me. After reading several news items on various websites, I decided that it was time to get my hard-earned cash back from the bank that gives you Xtra! I had a good look around this website, and took onboard a lot of advice. I drafted a letter using the template available on the moneysavingexpert website, here it is... Data Protection Manager Halifax Bank Trinity Road Halifax West Yorkshire HX1 2BR Dear Sir or Madam, Re. Account number: *********** I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid over the last six years. Please find enclosed a postal order for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements going back six years; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. I look forward to your response within 40 days, as HALIFAX is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner. Yours faithfully, MR Wally There are just a couple of points I would like some advice on; Firstly, I have an outstanding credit card debt with the Halifax, if and when I am successful in my claim, are they allowed to use the money to pay off the credit card debt? (I'm going to start up a thread on this debt in the relevant forum, I will post a link when it's done.) Secondaly, when the time comes to claim interest, do I use the court rate (8%) or the unauthorised overdraft contractual rate? I fully intend to not accept anything less than full payment, with interest; they took me for every penny they could, I'm going to do the same in return! To let you know exactly where the process is at the moment, I sent the letter via recorded delivery on 26-April-2007, after checking on the royal mail website, it was delivered from the Halifax Delivery Office on 27-April-2007, although Royal Mail can't provide an electronic proof of delivery. That's about it so far, any help would be greatly appreciated, thank you very much people Wally
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