Hi all could do with some advise please, I am being harassed by Bristow & Sutor, they have 3 liability orders for outstanding council tax ranging from £29 to current year £910. I have ignored all contact from Bristow & Sutor, but I did make an arrangement with the council last month. they passed the details of this arrangement to Bristow & Sutor, who emailed me acknowledging this arrangement. I have kept to the arrangement and make payments due as arranged, but I paid directly onto councils online payments. now I am getting emails and letters from Bristow & sutor, telling me that if I do not pay them direct, they will continue their enforcement action. any advise please? Mick

hi all between my wife and i we have had 3 loans off welcome finance. i believe all 3 of these loans had ppi monthly payments added to the loan payments, but i cannot find any of the paperwork relating to these loans. they all date back several years (around 2000-2003) is it possible for me to claim back the ppi without knowing the account details, and if so how would i go about it? cheers Mick

Hi all, I was hoping to get some advice about how I should proceed with STW and a dispute that I have with them. Last year (2010) I asked STW to fit a water meter to my property, I could not remember the exact date, but I had an idea that it was sometime between June and September. when I made this request I was informed that I could revert back to rateable value bills if I choose, I was advised that I could do this revert anytime within 12 months or within 30 days of me receiving (note they used the wording"you RECEIVE") my 2nd metered bill. Therefore AFTER I had an opportunity to access the difference between metered and rateable. today I received a letter from STW, which prompted me to realise that I have not seen any bills from STW since changing to meter, which I thought was about 12 months ago. This letter was thanking me "for arranging to pay your account by payment plan using a water card". I have not made any such arrangement; I do, and have been for 4 years or so, pay my water bill by standing order every Friday. The letter I received today laid out details of how much I had to pay each week from now on. I was horrified to discover that this weekly amount was to treble almost. So I immediately phoned STW to advise them that I wished to revert back to rateable value bills, as a meter had trebled my bill. I was told that I could not revert back because more than 12 months had passed since they fitted the meter, they informed me that they came and fitted the meter on 23/06/10, but they also admitted to me that the letter they sent to me confirming this change over was not sent until 25/09/10, so I pointed out that 12 months had not elapsed since this letter confirming the change to me, and when does the 12 months start counting from, I would argue that the 12 months should only start from the date that they confirmed this change in writing, they (of course) claim that the 12 months start from the date the meter was fitted. So I turned my attention to the 2nd "condition" to me reverting back. The "30 days after receiving (that wording they used i.e. "receiving" is critical) my 2nd metered bill. I pointed out to them that I had not received any bill from them since having a meter installed, their response was "well they where sent in Nov 2010 and May 2011", so again I repeated myself, that I had not received ANY bill from them since changing, their attitude was "well we sent them so tough", we spend 15 minutes with me trying to explain to them the difference between the words sent and received. After being passed to several "managers" their stance was still the same. More than 12 months have passed and we have sent 2 bills more than 30 days ago, to tough you cannot revert back to paying the rateable value waterbill (which is £120 pa less than the metered bill, hence my wish to revert back) again I pointed out to them that I had not received any bills from them and that the first opportunity I had received to compare the 2 different rates was today, when I received this "thank you for trebling your bill letter"and that as far as I was concerned, firstly, the 12 month period does not start until I receive confirmation of the change in writing (25/09/2010) and that I also have until 30 days after I receive my 2nd bill (I still haven’t received the 1st one yet), so I informed them that if they would like to send my the 1st bill followed by the 2nd bill so we can start counting the 30 day period I have. They informed me that they would not be changing their stance and if I did not pay the amount they now say I have to, that they would pass me on to their normal debt recovery system. I informed them that I would only be making payments up to the rateable value bill, and that as far as I am concerned this account is now in dispute, and it will stay in dispute until they stop trying to force me to have a water meter I do not want. Anyone have any advice about what course of action I should now take? I intend to write to them outlining the above as explanation as to why the account is indispute. Am I correct in assuming that they cannot pass this to their debt collection department whilst this dispute remains? Thanks in advance for any responces Mick

hi all 8 months since i had any hassle from these clowns... until today i received a letter from a company called Cabot this is the front of that letter http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010197.jpg and this is the back http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010198.jpg enclosed with the above letter was also a photocopy of a letter addressed to me allegedly from vanquis (which i have never seen before) that letter is here http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010200.jpg am i correct in assuming that my next move it to write to Cabot, informing them that this account with vanquis is in dispute and that vanquis have breached CCA regs in selling it on to a 3rd party. and also that this 3rd party would also be in breach of CCA regs if they where to make any attempt to try and collect / harrass me for this alleged debt. if this is so, could anyone point me to a template letter for this. Cheers Mick

to admin... thankyou for amending the last word in my post, i do understand the reasons, however i do believe my original word was the correct one.

hi all, i have also had an exact copy of this letter last week, i also have the same T&C's as beach posted (v9), but im my case they are not printed on the reverse, i have 5 sheets of A4, all blank on the reverse. (my thread is here to see them) http://www.consumeractiongroup.co.uk/forum/capital-one/208671-being-harrased-capital-one.html as with you, these terms bear no resemblance to the last lot of T&C's i was sent, and also refere to £20 fee's, where as previous T&C's said £12. i have heard a couple of people now mention Crapital ones "creative dept" and the sugestion that they are adapting the T&C's to suit. now if this is so, surely this would be a deliberate attempt to mislead.

Hi all, i had the following letter from capital one today and it enclosed a copy of my signed CA. and they included this.... and these "terms & conditions" so capital one have sent me a copy of the signed credit agreement, but i dont think it has the required prescribed terms. any advise anyone?

..

hi again all, i have had a response from capital one to my "harrasment by telephone" letter i sent them. i imagine it is the same as many others, "we have an obligation to contact you..." "trying to speak to you to see why you have failed to bring account up to date...". " sorry you feel these calls are harrasment as this was never our intention..." (ohh you little liar, the calls are intended to exactly that, intimidate me into paying back an unenforcable debt) "we use an automatic telephone system..."."calls will continue until..." you submit. "once you have made a payment agreement the calls will stop" "i can see that you have previously requested these to be stopped, however i can see that when you advised us that you where going on holiday recently the calls where stopped until ...." ehh??, i have never spoken to you so when did i mention a holiday i didnt go on? "i feel we have complied with both the communications act and the administration of justice act" " i also understand that you want us to contact you in writing only, well we wont be honouring that request unless you provide us with a valid reason" "you've mentioned that you will record any further calls from our collections dept. please be aware if you have not gained the authority from the adviser, you will not be able to use these calls for any action you may wish to take" as a private citizen, i beg to differ any further questions please write to me within the next 4 weeks or i will assume your complaint is closed yours sincearly james bell head of executive response centre no less, im impressed... not i am tempted to reply with a letter along the lines of "far from my complaint being closed, it is now in the hands of the OFT. Trading standards and ofcom"

Hi again, i have received 2 letters today, the 1st was from Capitol One and is a "statement of default" informing me that i am now in default and their agents will be contacting me shortly. and in the same post a letter from Debitas informing me that capital one have instucted them to collect the alleged debt. i have drafted the following reply to Debitas... ACCOUNT IN DISPUTE Date: **th August, 2009 Dear Sir or Madam, Account number: **************** Your reference ****** I am in receipt of your letter dated **/**/09 This account is in dispute and has been since **/**/**. Capital One are well aware this dispute exists, and I am dismayed that they have chosen to ignore several laws and guidelines, and have passed this debt on to you Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading’s debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My previous dispute from **/**/** has NOT been answered. As Crapital one are now in default of my Consumer Credit Act request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in dispute, enforcement action is NOT permitted; under s127 this constitutes a complete defense at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to Capital one for resolution of these defaults and breaches, as Debitas cannot lawfully pursue any enforcement activities. If Debitas chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading’s Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing Yours faithfully Any comments or thoughts before i post this reply Cheers Mick

bump...

hi all i have now recieved a letter from a company called impact (vanquis's in-house collection??) inviting me to contact them and make an offer of monthly installments. it says that interest and charges will be frozen if i make this agreement. i am concerned that because i took this card out after the new regs came in that i will come unstuck if i don't sort it now. as mentioned above, the reply i had to CCA request was a blank application form and some terms & conditions. any advise as to whether i should try and form an agreement with them as offered in this latest letter? Cheers Mick

thanks you are a diamond

can anyone point me in the direction of a template for the account in dispute letter cheers mick

can anyone point me to the list of letter templates please, i cant find them

i will try get it up here but i got no scanner im working on it

hi again all, i have had a reply from vanquis, it appears to be a copy of a blank application form, and several pages of terms titled "Vanquis credit card agreement and full terms" and another page titled "notice of variation - february 2009" what do i do now? Cheers Mick

hi again all i have had a reply from capital one, and as expected it is the usual bulls**t. however i do not have a scanner to post it on here. Dear mr ***** ACCOUNT NUMBER **** **** **** **** thank you for your letter requesting copy documents for your account. you requested copies of the executed credit agreement and a statement of your account under section 78 of the CCA 1974 please find enclosed a copy of your CA as requested...blah blah blah this is your original agreement... oh yeah ? and it goes on as in many other threads. enclosed with this letter is another letter titled "Terms of your capital one credit card agreement" thank you for your request. please see overleaf for the current terms of your agreement with us. for the rest of your terms and conditions, please see the leaflet enclosed... on the reverse of this 2nd letter is the terms, however i note that in these terms the default sums are all £12 i do not believe these are the documents i requested from capital one as they are NOT a TRUE copy as requested. what would my next step be now? do i send the "Account in Dispute" letter? cheers Mick

Hi all i was hoping someone could give me some advise about what to do about my Vanquis bank credit card. i also have a capital one card that i am having problems with. see here for capital one thread http://www.consumeractiongroup.co.uk/forum/capital-one/208671-being-harrased-capital-one.html#post2280351 as mentioned above, i have 2 card's... capitaL one & vanquis. until recently i had managed both of these cards fine. then along came the credit crunch & a 50% drop in my self employed income (no one using taxi's). as a result of this drop in income, i have not been able to make any payments on either card for 3 months now. i am also having problems with other debts including council tax and rent arrears, i have addressed the problems with council tax and rent first as they can mean jail and homelessness. i have been receiving... correction ... been getting bombarded with phone calls from both companys, foolishly, i did speak to vanquis on one occasion (3 weeks ago) and agreed to pay them £75 per month (usual minimum payment + £25) although i have NOT made the 1st of these £75 payments due last week. i simply cannot afford it and only agreed to making it under duress. but having read through many threads on here I am now wondering if either CCA is valid. am i correct in assuming that my 1st step with Vanquis is to send a CCA request, & the phone harrasment letter? any advise greatfully accepted Mick

thanks Turn

update.... 2 years since i sent CCA to crapquest, never heard from them since

thanks for the fast replys guys i will send the telephone harrassment letter as well Mick

Hi all i am looking for some advice/confirmation about what i should do about my Capital one account (i have exactly the same following problem with Vanquis too, do i do same for both of them?) capital one account was opened in April 06 vanquis account was opened in September 07 as mentioned above, i have 2 card's... capitaL one & vanquis. until recently i had managed both of these cards fine. then along came the credit crunch & a 50% drop in my self employed income (no one using taxi's). as a result of this drop in income, i have not been able to make any payments on either card for 3 months now. i am also having problems with other debts including council tax and rent arrears, i have addressed the problems with council tax and rent first as they can mean jail and homelessness. i have been receiving... correction ... been getting bombarded with phone calls from both companys, foolishly, i did speak to vanquis on one occasion and agreed to pay them £75 per month (usual minimum payment + £25) although i have NOT made the 1st of these £75 payments due last week. i simply cannot afford it and only agreed to making it under duress. but having read through many threads on here I am now wondering if either CCA is valid. i think to avoid confusion i will do a seperate thread for vanquis if someone could point me in the right direction as to where to post it. this thread i will look at capital one. capital one are by far the most frequent callers to all 3 of my phone numbers (home, mobile & work) at one stage i was receiving 15 calls per day, however i have been refusing to answer their security questions and have never spoken to anyone at capital one about my account. having read several threads about capital one i think i have a good idea how to proceed, i just wanted to confirm i was correct before proceeding. my 1st step is to send off a CCA request with a £1 postal order and i DO NOT sign this, i also send it special delivery (so i can later prove it arrived if need be) can you confirm this is right before i post it Cheers Mick

hi all just thought i would bring an update... contacted BiL, who tried to contact Marstons 1st, but of course no joy there. totally unwilling to listen, only interested in where he lived and when he would be paying. so he contacted Northampton court, explained the situation to them, they agreed to call the bailiffs off for a while to give him time to sort this out with DVLA and Liverpool city council. he then contacted Liverpool City council, who confirmed that they had different details now for the cars registered keeper and if he could get confirmation from the DVLA of when the registered keeper details where changed from BiL, then they would cancel these court procedings. he then contacted DVLA, and they have confirmed that his details where taken off the vehicle sometime in 2007, and they are sending written confirmaion of this. this information from DVLA has raised another question about the proceadure Liverpool follow. Liverpool "claim" they when these tickets where issued in April 2008 that they got BIL's details from DVLA as the reg keeper, now DVLA are saying that Bil's details where removed in 2007, so how have Liverpool been given them in April 2008? or is it that the vehicle in question was already in Liverpools system from the tickets issued between sept 2007 and dec 2007, and they have simpley decided to save themselves the fee's charged by DVLA, and just sent the "notice to owner" to the name and address already on their system. BiL is phoning Liverpool today for an explaination.

thanks for the replys... adamna .. yes i agree there should be a comma, but there isnt, thus putting a totally differant interpretation on the sentance, one worth arguing i think. pat.. i may have been slightly unclear, BiL is back in country now (at least for the next few weeks,) but is on a barracks not a permanant address. am i obliged to give Marston this address? i will tell BiL to contact TEC @ northampton to see about getting warrant set aside, is it a simple "The Council has failed to issue formal letters of rejection to your NtO responses - which are perfectly valid grounds for appeal. A rejection letter is also required to provide you with details of how to appeal to the adjudicator." as the reason for asking to have it set aside? i tried to speak to Marston on the phone today, but they said that "because i would not give them a forwarding address for BiL", that bailiffs would still be calling here and charges would be applied for the pleasure of it. i will write to them, but just want to be clear about having to give them any information about BiL. cheers mick