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spike79

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Everything posted by spike79

  1. Hi Folks, I've just went through all 39 pages here and wanted to see if I'm up to speed, it seems to me that the case fell down on two major parts, the burden of proof being on the consumer as the claimant and a little lack of knowledge of other areas of the CCA. Now bearing in mind I go cross-eyed with all the legal-ese sometimes, and my understanding of this is based solely on my understanding of English (as someone else so aptly put earlier) it seems to me that really this is not a defeat but just a chance to regroup and change tactics. I currently have an ongoing CCA request with Welcome Finance and they have thus far pretty much ignored me and although I stopped making payments in september, when I put the account in dispute they have barely even contacted me by phone. So with what has happened recently it is my intention to slightly alter approach and write to them with a subject access request asking for everything they hold which I would assume won't include a copy of the agreement (as if they had it, they would have rammed it up my backside by now to get their money) when they produce all bar the agreement I will then write to them again and instead of approaching on a purely legal CCA standpoint, just reitirate the history of what has gone before and remind them that in lieu of producing the agreement the only way they can get payment is to get a judgement against me. Now this is where it gets tricky, as I am basically daring them to take me to court so I can lodge a defence that they have no agreement and therefore no contract or proof of a debt. Putting the burden of proof on them. At no time in any of this process am I going to deny a debt exists or needs to be repaid but instead without proof of interest rates, length and amounts of repayment etc and my signature that I am not bound by their terms and conditions and instead I can negotiate payment or settlement on my terms with them. If they don't take me to court then the only recourse I can think of is complaining to the ombudsman about their procedures and length of time it has taken to resolve the situation. I know that a lot of this is based on my own situation, I also know that I may fall foul of some other piece of legislation, and if so please tell me, I also understand that to argue this case in court I would need to have a clearer understanding of the CCA which seems muddy at best, but I think the main point is not all is lost and if people stand their ground and make a good arguement there are still cases to be won.
  2. Thanks for the advice 42man, so I take it then on that basis I don't report them to the FOS for an offence then if it's no longer an offence...got it. I looked at the judgement, but to be honest it was losing me and about half way through I thought wasn't overly relevant to me as if they produce a true document I won't argue at all just work out with them how to pay back and if they default me well c'est la vie. The subject access request thing is interesting though, if I move to the next step with welcome, that being if they still don't reply I contact them to offer a settlement on condition my info is removed from CRAs, should I send the subject access request first? That way if I take proceedings I can show I tried all avenues that were open to me legally to check the validity of the document (In my mind if I did send this and they still produced nothing or didn't reply it would put me in a very strong position and show that I am compliant with the law and my responsibilities whaereas they have not been). Sorry to waffle on, but I really want to be thorough about this, also I was looking at a document I found which I think is the same document that if they have a signed copy they would send to me, and I think it's unenforceable as I can't find my rights to cancel on it anywhere, would this be right? Cheers
  3. Hey folks I've posted details of this elsewhere on the CAG along with other stuff but finding it hard to get some advice so I've pasted below what I've said so far, any advice is welcome...(ha ha, get it?) First Post... I have a loan with Welcome (boohiss, I know) there is only arrears of 1 month on it at the moment, I have a defaulted account with Capital One, date of default was in 2004, and I have a credit card with Vanquis, two months in arrears (I know what you're thinking all these reputable companies, yes my past is chequered, but I'm trying to put it behind me) to be quite honest I'm fed up with the lot of them I've dealt with debts that I felt obliged to pay because the companies were at the very least reasonable with me but these three thieving b!!!!!!s I have had enough of, so I've been studying this forum and I think I'm right in what I'm going to do... I intend to send them all a CCA request, if I've understood right if they cannot provide the requested documents in full then I can cease making payments to them and basically tell them to take a long walk of a short pier. Correct? In this case they would be unable to lawfully default me or attempt to get a ccj. Correct? If they did attempt to enforce the agreement without these documents I can take court action, and in lieu of them producing these documents the court would rule in my favour. Correct? I think my understanding is correct and I've picked up the process to follow just need some confirmation. Second Post... Thanks for the advice folks, this is the latest and what I think I can do about it... Welcome have not responded in any way and I issued an Account in dispute letter and stopped making payments. They are still pursueing me though by phone and letter from the local office. So I intend to send a letter to the local office telling them to bog off (in polite terms of course) as I have put the Account in dispute with their head office who haven't even bothered to respond to me. As they are the stage of commiting an offence also I intend on writing to the FSA to make them aware of this. The welcome people on the other hand haven't even bothered to reply and whilst the debt was taken after Jan 07 and I couldn't argue s127 I think I'm in a strong position to withhold payment as I don't think they have a signed agreement, which would explain why they haven't replied, but also if they try to issue court proceedings or if I issue court proceedings when they refuse to remove info from the credit reference agency I think I am in a strong position to argue that they can't legally bind me to their terms and conditions and interest rates and I could negotiate with them how and what to pay back. I just don't want to find I've missed something that would weaken my position.
  4. It was after 2004 but the terms and conditions they sent me were just generic terms and conditions, there was no mention of my details anywhere and no "ticking this box as a digital signature" part. To be honest I think I might be onto plums with the credit card as they have at the very least complied with my requests and also as the debt was taken after Jan 07 it would be difficult to argue s127. So, I think will just pay it off and close the account as I've already cut up the card. The welcome people on the other hand haven't even bothered to reply and whilst the debt was taken after Jan 07 and I couldn't argue s127 I think I'm in a strong position to withhold payment as I don't think they have a signed agreement, which would explain why they haven't replied, but also if they try to issue court proceedings or if I issue court proceedings when they refuse to remove info from the credit reference agency I think I am in a strong position to argue that they can't legally bind me to their terms and conditions and interest rates and I could negotiate with them how and what to pay back. I just don't want to find I've missed something that would weaken my position.
  5. Thanks for the advice folks, this is the latest and what I think I can do about it... Welcome have not responded in any way and I issued an Account in dispute letter and stopped making payments. They are still pursueing me though by phone and letter from the local office. So I intend to send a letter to the local office telling them to bog off (in polite terms of course) as I have put the Account in dispute with their head office who haven't even bothered to respond to me. As they are the stage of commiting an offence also I intend on writing to the FSA to make them aware of this. Vanquis responded by send me a copy of the terms and conditions, I duly responded by sending an Account in dispute letter as I took it from other threads this doesn't constitute what I asked for in the CCA letter. They responded and said they would look into it and then all at once I got a letter from them and 1st credit acting for them stating that they already sent me the required documents (referring to the Terms and Conditons) and that they have no signed document to produce as I applied for the card online. Am I right in saying that this is really their problem and that without a signed agreement it is still unenforceable and I can send the letter to the FSA to advise also? Is there a loophole they sneak through on this one for online applications? I'm really grateful for any advice and this forum has been a godsend as I try to rebuild my life and credit rating. I'm hoping that I 'm right about all this and I can force them to remove the details from my credit file and then be in a position of power to negotiate settlement. Thanks in advance, hope all are well...
  6. Hi folks, in August I sent Welcome a CCA letter and their only reply to this was a standard letter to say that they were looking into the matter. I allowed them the time limit they were due and then some extra, and then I sent them an Account in Dispute letter. Now I haven't recieved anything from them in the post at all but they keep calling me about missed payments, at that point I politely but firmly tell them I have lodged the account in dispute and I am dealing with them solely in writing and they should contact me in that manner if they have anything to say. Now I've had nothing from them, not even a sneaky copy of the terms and conditions that they try to fob off as being the credit agreement and I've been a bit lax with this as I've just moved house and this has taken most of my time, I would appreciate it if someone could give me a nod in the direction I should go now... Thanks in advance for all your help...
  7. Cheers Sam, exactly what I was looking for.
  8. Hey folks I did see this here bofore but now can't find it d'oh! I'm looking for the address to send a cca letter to welcome, I believe it's in Ruddington?
  9. Thanks Ida, you seem to be here at every turn lol... I was reading on one of the other posts that by not being able to produce ccas companies were told to remove default notices etc from credit files as they had no legal basis then to continue to ask for money from you... I understand that in a moral sense the debt still exists, but as far as I'm concerned what goes around comes around with these three, so without the cca as far as I can tell the debt "legally" doesn't exist as they have no grounds to enforce it... That's the understanding I've took from the posts I read anyways... Hope it's nicer in Fife than it is here...
  10. Hi, bear with me, I'm trying to figure all this out and may get a few things wrong so I'm looking to be corrected and told what I'm right about, here goes... I'm doing the whole reclaiming of bank charges and awaiting the test case result, blah blah blah, that's fine, it's all this CCA stuff that's spinning my head... I have a loan with Welcome (boohiss, I know) there is only arrears of 1 month on it at the moment, I have a defaulted account with Capital One, date of default was in 2004, and I have a credit card with Vanquis, two months in arrears (I know what you're thinking all these reputable companies, yes my past is chequered, but I'm trying to put it behind me) to be quite honest I'm fed up with the lot of them I've dealt with debts that I felt obliged to pay because the companies were at the very least reasonable with me but these three thieving b!!!!!!s I have had enough of, so I've been studying this forum and I think I'm right in what I'm going to do... I intend to send them all a CCA request, if I've understood right if they cannot provide the requested documents in full then I can cease making payments to them and basically tell them to take a long walk of a short pier. Correct? In this case they would be unable to lawfully default me or attempt to get a ccj. Correct? If they did attempt to enforce the agreement without these documents I can take court action, and in lieu of them producing these documents the court would rule in my favour. Correct? I think my understanding is correct and I've picked up the process to follow just need some confirmation. Thanks in advance as always...
  11. Thanks for replying I figured I wouldn't be viewed as a hardship case as I'm still in work and can just about meet most outgoings I have although there are some arrears on personal loans and council tax. As far as I can tell from the FSA literature the stay on court cases only applies unless you can prove hardship, I know from some of the other threads that Nationwide will make you jump through hoops to prove you are a hardship case but ultimately this decision as far as I can tell would lie with the FSA and the courts, I mean if it was up to the banks to decide who was in hardship or not then what's the point in the exception 'cause I'm sure they would deem us all able to meet their demands for charges. Last charge on my account was in 08 since then I have another account I use in a responsible manner with a different bank, having learned my mistake. I have included all the charges on the spreadsheet with the interest calculator to send to them. If you read the propaganda on their website they seem to believe they are in the clear on this and are not liable for anything despite the fact that I remember recently reading about a rep for them almost in tears to the house of lords saying if the test case went against the banks they would meltdown....good! They can see what it's like to live on my side of things for a change.
  12. Hi folks, I keep getting DCA letters sent to me for people who do not live at my address. They are also not addressed to the previous occupier and some random eastern european names have appeared on a few also. After putting the first few back in the post with the standard "not at this address return to sender" on them they still kept coming through, so even though not technically legal I opened them to see what they were and everyone of them is a DCA company. Now I think I'm correct that they are in breach of the DPA for not updating details for these individuals from the letters I returned to them but I am getting concerned and don't want my address to be affected by the problems of others... Is there anything further I can do to stop this and make sure these people do not affect any information credit reference agencies will hold about my address? Thanks in advance folks...
  13. Hi folks, I've been surfing these boards for quite a while now and this is the first post I've put on... A little background, I've fallen foul of the bank charges and default notices and late payment charges with a few companies in the past and like most folk I used to assume I had no leg to stand on when it came to all this and if I couldn't afford to pay, tough it was my fault, so these boards have been a godsend, as I now feel like I'm one of the unfortunate masses who have been preyed on by the big fish due to virtue that I wasn't born rich, so I've been fighting back with a lot of companies and my resolve is now to borrow not another penny from anyone unless it is on my terms. The story so far with Nationwide, I did start all the proceedings to reclaim my charges, which amount to about £3000 with interest now, in 2007, just as it got to the stage of the court claim the stay was put on till the test case, at this point I stopped and decided I would await the outcome of the test case now all this seems to be dragging on and I'm fed up with it and whilst I'm not starving, I am not by any means well off and don't think it is fair that I am living paycheque to paycheque whilst they hold on to £3k of my money. So I wrote a letter to nationwide reminding them of the fact that this remains unresolved and that if I don't recieve a satisfactory response from them about this I will be taken my case to court and claiming for hardship... I understand this is unlikely to be successful but figure it is worth a try and was wondering if anyone here with more experience than me in these procedures can offer any advice as to how I should proceed further... Thanks in advance...
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