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lemma1968

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Posts posted by lemma1968

  1. Almost 3 years ago (exactly on the 19/7/05) my mother had an operation at the Bradford NHS Hospital.

     

    Unfortunately they cocked up the op AND she contracted MRSA.

     

    I lived abroad at the time and she did not tell me anything about it. But she asked me last night if I could start the ball rolling on legal proceedings cos time is running out (3 year statute of Limitations).

     

    I was horrified when she told me the 3 years was almost up.

     

    She has just had a 2 stage corrective surgery in another PCT area and is currently bed bound. The initial flawed surgery curtailed her ability to walk and get about quite considerably. Even the corrective surgery may not help. we have to wait and see.

     

    Please can someone advise me what I have to do?

     

    Do I send them a Notice of Intention to bring proceedings?

     

    Is there a draft cos i have no idea at all.

     

    HELP!!!!!!!:?:?:?:?

  2. Complain straight to the CEO's office.

     

    Google the name of the CEO, write to him/her and give them the history, dates, times etc, the fact that you have requested their complaints procedure but it has not been forthcoming etc. I did this with Virgin and received a response by email then phone call from the CEO;s office within 24 hours.

  3. What motivation is there for them to accept your offer? You seem to be a good payer. In time they can get it all back. Only chance they'll accept is if they want a quick settlement of if they have no CCA.

     

    Remember, they may accept a partial settlement and then do the dirty and sell the remainder on. Some of them ARE that low.

     

    I'd CCA them first, it will make them more amenable if they can't get hold of the paperwork.

  4. Marvellous! Thanks guys.

     

    I have heard nothing from Fredricksons at all since I reminded them that they had not complied. Now this out of the blue.

     

    At least the new CCA will stop them in their tracks.

     

    I shall send the other letter as recommended by Percy above or the Scarlet Pimpenel as we all know and love him.

     

    I love this site - restores my faith in mankind.

     

    Oh, and has anyone noticed, we all get these blasted sh*tty letters on a Friday when there is really not much we can do but fret over the weekend?

     

    Its a tactic by these creeps.

    ;) ;)

  5. OK, well got a nasty pay up or else letter today from.......Robinson Way in Salford AND its for over £3k more. Looks like Fredrickson threw in the towel.

     

    They are threatening Court Proceedings if there is no response within 10 days (note the letter was dated 19th December 2007 so I have only just got it!!!!!).

     

    I have CCA'd them and sent it special delivery.

     

    So, what do I need to know about this group of lowlife's?

     

    Any advice anyone, or successes to tell?

     

    I'm really depressed about this. Bummer. :(

     

    Crappy New Year everyone!!!:p

  6. If you are complaining, try an email to the acting CEO Neil Berkett. he has a very impressive CV, and has been in the temp role of acting CEO since August after CEO Steve Burch left the company at short notice and returned to the US.

     

    Prior to being acting CEO he was COO - Chief Operating Officer.

     

    I did and I had a response quite quickly and they are looking into things for me. I understand he is trying to implement a "do less properly" strategy whilst they are seeking a replacement.

     

    For debt issues email Steve Wrench, Head of Debt Management. A very nice approachable man who seems to want to help.

     

    I can pm those who who wish their contact addresses.

     

    And a word of advice - when you go to the top, be as polite as possible. It gets you further.

  7. Its been ages since I posted, but I gotta tell you all about this one.

     

    Now I know its not broadband or internet but it IS Virgin Media and they have driven me to distraction.

     

    I moved house. Can't get Sky in my area so arranged (against my better judgement) to have Virgin installed as they were the local cable provider.

     

    I paid extra for a Saturday install. The Saturday (Dec 1st) arrived - VM rang - can't do install cos problem under road with the cable.

     

    They turned up to repair it 9 days later and we asked for another instal. Told 4th January - told them NO, its before xmas or not at all.

     

    After loads of phone calls they said they would install on the 21st but the cable had to be pulled through to the house. That would be done on the 20th.

     

    On the 21st, the engineers turned up - can't do the install cos the cable had been pulled through at the wrong address, a street away - right house number but wrong street DOH!!!!

     

    And the repair done the previous week had not been done properly and the road needed digging up again.

     

    We went bonkers. They said they would come and check over the weekend and then either visit us on Monday (xmas eve) or call us.

     

    Guess what? They did neither.

     

    We tried ringing them and they said emails would be sent to the various people concerned.

     

    No response. So we rang them again first thing this morning. More emails were to be sent cos they could not get hold of the people concerned.

     

    By 3.30pm I lost my rag with it all and the bother and rang and cancelled. They have promised to refund me my money for the V+ box but I don't know if they will be true to their word. I have emailed Neil Berkett, acting CEO, Steven Burch CEO and Steven Wrench head of Collections - just because I am sooooooooo angry and I want someone to apologise for mucking us around sooooo badly.

     

    I am still seething.

     

    Rant Over.

  8. You need to be sure that these DCA's actually have the right to collect. Read some other posts and you will see that the first step is to ask them for a copy of the agreement. Without it they cannot enforce any debt.

     

    You will find it in Letters and Templates - letter N. Send it with a £1 P.O to each DCA.

     

    They have strict timelimits to comply with this. If they can't then they can't enforce the agreement.

     

    Can you clarify what each of the debts are so that we can ensure that you are given the best advice? i.e. credit card, loan etc with whom and when taken out? When was the last payment made on each and have you spoken to the DCA's or written to them recently?

     

    NEVER EVER SPEAK TO THEM!

     

    There are some great people on CAG - I have had tons of help from these fabulous people.

  9. As a matter of interest - I have been having a look at the 3 or 4 pages of statements that they have sent to me purporting to be from my account.

     

    They have 2 different account numbers - i think one may be the current account but i can't tell and the account numbers mean nothing to me at all. I do not recognise them.

     

    The figures are in classic NW statement form - with the figures quoted in the balance columns as e.g. 1,300 OD or 13,000 OD.

     

    Now I recall them changing the big o/d to a loan - are they now purporting to pass this off as just an o/d and not a loan do you think so the CCA does not apply?

     

    And they have not sent an uptodate breakdown as to how the figure they are seeking has been reached so if it is mine, I just don't know how they have come up with the figures.

     

    Bu the way, I have completed the letter. Thanks for your help.

  10. Is this alright?

     

    I would respectfully remind you that whilst an account remains in dispute you are unable, by law, to pursue payment on that account or make threats regarding further action you may propose to take. (please see Consumer Credit Act 1974 s77(4) and s78(6)) For your information:-

     

    “If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence.”

     

    As you are aware I made a request on the 6th July 2007 for a true copy of the alleged agreement to which you are referring. I again remind you of your obligations under ss77-78 of the Consumer Credit Act 1974. Notwithstanding various lawful requests for a true copy of the Agreement relating to the alleged aforementioned debt, you have failed to comply and are in breach of your legal obligations under the Act.

     

    As a result of your letter of the 9th November 2007 and your failure to furnish me with the above information you have left me no choice but to refer this matter to Trading Standards.

     

    I am not seeking to evade my debts, however, I am not paying an account that I do not recognize to a creditor/agent who appears out of nowhere declaring I owe them a substantial sum of money.

     

    Am I missing anything? I get confused between s77(4) and s78(6). I quoted the latter in my last letter. Should I also include for them the House of Lords decision of.......is it Wilson just to finish it off?

  11. Hi Rory, how are you doing me darling? Thanks for your prompt response.

     

    Will that be the TS nearest me or nearest them?

     

    Their registered address is Chandos Street in London, W1G or their pO Box is Weybrisge in Surrey. I usually write to the Reg'd Office.

     

    I have read that TS can be mixed with their responses. What is your experience as Mod of their assisting, and Freddy backing off? Just curious really.

     

    I am also thinking (deadly, I know!:p ) of sending F.I a letter reminding them that they cannot pursue a debt that remains in dispute. What do you think and what should I say....if anything?

  12. Goodness me, no activity from them in months then 2 letters in 10 days.

    Todays masterly piece of work effectively says "pay up or else we are taking you to court".:o

     

    I have sent the letter (suitably amended) that Rory suggested but that only went off yesterday so they will not have had it yet.

     

    Will these people really issue a summons if they have not/cannot comply with the CCA request?:?

     

    If they thought it did not apply to this account wouldn't they be obliged to say why not before issuing proceedings? I mean it was an overdraft converted to loan so I know it does apply but you never know what goes through their heads.

  13. Oooooohhhhhhhh Rory hard question!;):p

     

    Now let me think - the latter I suppose not the former. However, I would need to remind them of the former in order to achieve the latter...wouldn't I?:???: :???:

     

    i.e. No CCA = no enforceable debt and therefore I would like closure on an account that they have neither convinced me nor proven legally I owe to them or anyone else.

  14. OK, just because you all clearly know what you are talking about, and I...well, frankly don't, please could you assist me with a masterly draft letter?

     

    Please pretty please with a cherry on the top???:p

     

    I know begging is very tacky and seems desperate but that's just the type of girl I am (not really! No really, I'm not!!;) )

  15. You are clearly operating under a misunderstanding here.

     

    The original poster does not owe the money. It is something that has come for her ex. She does not want to contact them because she does not want these people turning up at her door if they are a DCA.

     

    I know the situation with this particular poster because they are related to me.

     

    DCA's harassing other people in order to sort out a debt owed by someone else is not on. The poster and the ex are still technically married, the poster knows northing of this debt as such and did not benefit from it, so she wants to ensure she is not going to be landed with it or the problems that follow.

     

    This is not debt evasion or avoidance - ITS NOT THEIR DEBT

     

    COMPRENDEZ?

     

    :mad:

     

    Oh, amd one other thing - DCA's expect us to operate within the law - THEY MUST DO SO ALSO.

     

    The tactic being described is unlawful!

  16. Hi Rory, glad to see you around babe.

     

    The only contact there has been is the letter I posted above...nowt else at all. Clearly they are now seeking payment though.

     

    Just wondering about what tack i take cos ignoring them makes me feel a bit uncomfortable especially as they seem to believe that they have clarified any issues over ownership of the account. No mention anywhere of the CCA request though.

     

    Oh and sorry about the new thread....frustration and all that! Oh yes, and blind panic!!!

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