They said...............

Almost worryingly comical. Can you imagine all the new companies jumping on the agreement bandwagon?? Got a nastie little debt that a shark is pestering you for but has no agreement - need a new agreement creating with the terms written the way you want them to be??????? You to can have the original agreement of your dreams for only £25.00 Impress that dopy judge today with your new creata-scan-agreement .. He's never know the differance!

DD - I like this and it says what needs to be said!

Right - so the NOA (which was potentially thought to be an issue on this) is not an issue I can follow up. So long as I know... It does seem rather odd that anyone can therefore send us an unsigned NOA and it is all ok - or am I getting what you say wrong? Lots of technical stuff flying about but I am still in the dark. Yes - the wrong number thing is odd too and DCA nor OC seems to want to talk about it to me.. I was under the impression that if a shark chases one for account number 9***** then that is the agreement number that should be on the CCA request they give us. When I asked I got a copy with number 3*** on. It must be great to undersatand all this in a professional manner and it is not hard to see why some folks get so sick of trying and give the whole file to these claim companies or solicitors to save so much hassle. No worries though as I will keep trying to get a better picture. I am seeking PPI comp however so we shall have to see what this does.. On way or another I will beat this!

I want to construct a little reply for the letter they sent in post 72.

The orginal shark is however supposed to have signed the NOA aren't they? I never saw any NOA, albeit the scan of part of one (if that was what it was) from CL. Then there is the question of the wrong agreement number. I CCA's them and then received an agreement with a totally differant agreement number on to the one they chased. When asked to explain this CL said go ask GE. They ignored this too. General impression is - pay up and stop asking questions......

I had thought it was too simple with me just using this one simple interest calculator - Blake Lapthorn - Southampton, Oxford, London, Portsmouth, Winchester This is how I came to arrive at that figure by banging in the 22.9 and seeing what came up...

Slick - many thanks for help.

"Readin further on the NOA, it must be served on the debtor, meaning that it must be served by hand or by registered signed for post." THAT DID NOT HAPPEN PROVABLY AS IT WAS CL WHO SENT NOTICE OF THIS ACTION ON THEIR OWN LETTER (MONTHS AFTER THE ALLEGED NOA HAPPENED) WITH THE NOA AT THE BOTTOM ON THE CL PAGE. CL CONTINUE TO IGNORE ALL THE RELEVENT POINT RAISED.

"On these grounds the Claimant seeks restitution of the compounded contractual interest at the defendant’s authorised borrowing rate of 22.9 % per annum." So 22.9% over the period is the best rate to bang into that simple calc? If it more complex than that :eek:I will just ask them to add compound interest at their contractual rates and see what come back ok.. re 22.9 on the claim - When we bang in PPI claims is this something we should add initially or is the 22.9 just something we bring up at a later date - if they wont play nice? I am starting to see why this bank mentioned about me not making further claims against them... I just had a go with the simple calc for another prospective PPI claim (not linked to this one) and it sure ups the figure...... Principal sum + 610.66 Interest from date 7/4/03 Interest to date 6/1/07 Number of days interest 1370 Interest accrued: £ 524.88 Daily interest continues to accrue at: £ 0.38 per day Interest rate 22.9% Principal + interest: £ 1135.54 IS THAT HOW IT TELL IT TO THE SHARKS..... ? I suppose if the rate is not right for whatever reason I could say to them. ESTIMATED Interest rate 22.9% Am I getting this right?? ??

Yes thanks Slick......... "The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;" At my stage I am particularly intersted in creating a few general paras to use over the way that PPI misselling can make the terms on an agreement questionable or invalid. Any tips apprecaited keeping it simple too .....

Slick - many thanks... Think I get it.. I just go bang my figure for the total amount of PPI, which has been worked out on the CAG simple calc into the Compound calc and hey presto?????? Still not sure about the intetrst rate to put in - where is that found? PPI TOTAL PLUS PPI 8% PLUS COMPOUND INTEREST = GRAND TOTAL ?????? Q

Hi CB I have two accounts in dispute and the number on the Sulliven letter above is totally unknown..... nowt to do with me and he never explained himself whan tackled. I would have been better to spilt the 2 files but in my rush to fight back I banged them both on together... On one app form the self employed tick box was correct whilst on the other I was just in the process of going solo - I have tackled it all in the PPI claims though.

The letter from CO that I have last uploaded stated I broke the payment plan in Oct 09. Now that is comical as the last payment they had was back in August 09. Can I use that bit? CO also say it defaulted on 4 th 09 CAP QUEST CAME DEMANDING CASH IN NOV 09 BUT I SOON HAD OFT ON THEM AND THEN GOT THE APOLOGY.

They have the scrappy app form and nothing else........ I made Cap Quest close the file last time capone sent it away and got back a grovelling apology too off CQ...... I shall ask CO....... .........you recklessly threaten to continue with this trade abuse via debt collection agencies. I note the last time you performed such an unlawful action via involving CapQuest this resulted in intervention by OFT. I consequently received a sincere apology from this DCA explaining that Capital One had unwisely not informed them of this dispute and that the file had been returned to you. Kindly therefore explain how you intend to mount your further threats to unlawfully intimidate me herein. I did grant further payments to this CO file after the DN but it was in the belief that it was a sound agreement..

All brill stuff but I shall hang on until you experts all have sorted out what's what on this NOA issue before I try and use it again.... Being lazy I know but just hunting for a few hard paras that I can tuck away to slay CL with on the back of all other data against them... Best for the new year guys.. GO EASY ON THE BARLEY WINE!! Q

S - thanks I would like to press them very hard of the rescission of contract issue . iT MUST BE CONCERNING THEM TO MAKE THEM RESPOND LIKE THIS . ALTHOUGH THEY FAIL TO GO INTO ANY DETAIL ABOUT WHY THEY THINK THEY HAVE NOT BLOWN IT. THEY ALSO SENT A PILE OF OLDER LETTERS WITH THIS REPLY RELATING TO THE S78 cca WHICH THEY ALSO SAY IS FINE. I.E A SCRAPPY APP FORM.... I LIKE THE WAY THEY THREATEN ME WITH DCAS AFTER ALL THIS BLUSTER TOO.

I have previously infomed them that they termainated AFTER issuing this defective DN thereby becoming responsible for unlawful rescission of contract. They obviously know best though ands kindly tell me how they shall be threatening me next........

The Capone DN they sent was defective yet the claim it is ok in the letter below....... Opinions.

OK FOLKS - SO i SHALL RIP UP THAT PROPOSED LATTER TO CL....... Point was that the NOS wa not something I had been sent by the OC and it was not signed. I only got to find out months later by CL.. VERY CONFUSING. And no one has even bothered to explain why the agreement sent has a different number on it or why it was changed..

OFFER IS ONLY ACCEPTABLE WHEN THEY VERIFY THEY HAVE MADE GOOD THE OFFERS..

I put restitutional interest into Google and get "restitution interest"???? Lost I had a peep at the other calculators for simple interest compound interst but its getting me very confused. I am probably not asking for as much back as I should be with the 8% only calc but this interest stuff have me presently foxed?? Just do not get this . I am sure it is easy when understood but I need spoon-feeding. Sorry to be so thick! I looked at this http://www.bllaw.co.uk/services_for_businesses/insolvency_and_recovery/simple_interest_calculator.aspx#how_to_use but have no idea what to put or where to find it for the interest rate? I presume the principal sum is the total we arrive at for PPI with the 8% on?

HI Slick - many thanks I am pretty new at this PPI reclaiming. The few PPI claims I have banged in so far have just been done on the CAG calculator with a basis amount for each month - as on the statements - plus the 8% that gets automatically added by it giving me teh total figure to send in.. . “restitutional interest”?????????? I do not get this bit at all and fear my question will just confuse me into only more confusion… I am sadly crap at maths so …… ? This extra restitutional interest you mention – is it just some figure that I add to the final total of my above amount ? CAN YOU GIVE AN EXAMPLE PLEASE OF SAY A TOTAL FIGUE OF SAY 200 QUID PLUS THIS R INTEREST??? If I don’t get it I will just say to creditors – “kindly ensure that you add suitable R interest to my total figure” … that work? If and when I get PPI on other accounts I shall use this as a weapon against them. I FEEL THAT THE FACT THAT PPI WAS MISSOLD WILL BE A GOOD DODGY TERMS ANGLE AGAINST ANY ENFORCABILITY ISSUES TOO. MOST ACCOUNTS ARE JUST SILLY APPLICATION FORMS OR AGREEMENTS WITH WRONG NUMBERS ANYWAY THAT HOLD NO MODIFYING AGREEMENTS .. IT CAN ONLY BE A GOOD BARTERING WEAPON IN ITS OWN RIGHT…..

Just in case OC get silly - I should like to know the following........ 1) Due to serious PPI misselling, which has now been admited too, what do we say about the so-called agreement (lol, illegible application form) and its prescribed terms; terms which are supposed to be correctly stated under law? 2) Where does this now leave Worst Crude, the nasty little shark that so happily pursued this account for the OC?

Has anyone ever successfully sued a company for taking monies from them when the NOA was subsequently discovered to be unsigned, or in any other way invalidated? I mean to say - what happens to all the money taken by the shark on the back of a dodgy NOA? Can one not claim it back with damages or whatever? Best wishes to all Q