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Dav3yBoy

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  1. Happy new year everybody Just an update and some help. The deadline has passed for all my creditors that i requested CCA. The date was 19th December and i haven't heard anything from any of them apart from Cabot who sent me 2 statements of my account (which doesn't even resemble anything close to an original agreement) I have left it until the new year to give an extra chance but nothing so can someone please point me to the appropriate letter informing the DCA that they have defaulted by law All help greatly appreciated. Dave
  2. Cabot are hilarious, They have sent me a statement. Thats it, a statement showing the debt. Do they think this is all they have to supply? Well, the 12 days is up so i am nopw counting down to the thirty days which will be 19th Dec Not giving up on this
  3. I think i will just wait until they default. They are obviously trying to cover their back sides but it isn't good enough. Thanks for all the advice, brilliant. Dave
  4. Just noticed, These letters are sooooo generic and probably sent out saying the same thing. When i sent the Link letter i forgot to put the cheque in it yet they don't mention anything about being able to charge for this info and therefor i need to send payment. Instead they assume that i have sent payment and have put it against my account.. I should say i sent a cheque for £30k
  5. Hi all, I have written to 4 of my creditors requesting CCA and agreements and these are what i have recieved back (my requests were sent on the 7th Nov) CABOT FINANCIAL:- We acknowledge receipt of your request under sections 77 and/or 78 of the consumer credit act. The Cabot Financial Group is not obliged to provide this information but we are pleased to help and have already requested the documentation for you from the original lender. We anticipate that we will be able to provide this information within 12 days. In the event we are unlikely to obtain this information within those time limits, we will write to you again. Emma Robertson - customer relations manager LINK FINANCIAL:- You have recently made a request under section 77/78 for copies of various documents. As you are aware LINK FINANCIAL purchased your account from NORTHERN ROCK on 29 June 2007 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from NORTHERN ROCK and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide. No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce you outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges to you. Your account has been put on hold for the next 14 days for you to contact this office with further details as requested above. End of letters. What do i do? Do i leave it and wait for the 12 days + 30 if nothing happens? And what is the request at the bottom of Links letter? What further details are requested above?? As i say, these are the letters word for word as i don't have a scanner.
  6. I have written to HSBC asking them for full info on the managed loan and the break down of the charges. My wife will not break payments but i will continue sending them letters on how unfair it is until they listen. Thanks for info and look forward to info you can find Dave
  7. From now on if they ring me i will be saying to them all my correspondence will be done in writing. Fortunately for me the judge put on the charging order that they cannot enforce a sale so it wouldn't stand up in court. I think its just scare tactics and from now i will be fighting back. Letters are sent anyway so the clock is ticking for them
  8. Posting all over the show on here, am i really that bad with money?? Anyway, Could someone please point me in the direction of the template letters, still trying to find my way around. My wife was put on a managed loan last year by HSBC because of a £700 overdraft problem. It was incorporated into a loan she already had for about £18k i think. It turns out after i looked at her accounts that she pays £200 a month towards this managed loan, however only £60 of that actually goes toward the loan amount, the rest is interest. Is this correct? i am looking for a letter to send that will ask the bank to break the whole thing down to see if it is legal/ethical/logical etc All help greatly appreciated Dave
  9. Letters posted, recorded delivery on 7th November... Watch this space.. Have also posted this in the debt collectors threads Dave
  10. Anybody??? I have sent letters to request CCA on 7th Nov recorded delivery. Thanks Dave
  11. This is interesting. Please see my post on northern rock. They got a CCJ on me but i never knew to ask for a CCA and now they have sold the debt to Link, who i have now asked for CCA Link also say they own as well as the debt, the CCJ which only they have the power to remove
  12. I posted this somewhere else but i think it was in the wrong area. My Sory so far.... A few years ago i took out a loan with northern rock, i think it was 2003 december time. I had no problems paying the payments for a while but at the beginning of 2006 problems arose. My free spending history caught up with me and i could no longer afford the repayments (on top of a NR loan i had credit cards and car on HP which then turned out to be a unsecured loan, but thats another story) So i began to struggle and duly contacted NR to explain. They didn't care and didn't want to know, the exact words of the chao i spoke to there were "Well if you don't pay the payment, thats when the calls and letters start" I aked for help and they slammed the door in my face. So i began to worry and looked to getting an IVA but that didn't work out (something to do with one of my creditors not agreeing and as they made up a third of overall debt it was not possible) I then went to Bains & Earnst who are a debt management company, or mismanagement company as i found out. They had negotiated with most of my creditors but NR would not agree to the payment offered and began to take court proceedings. I took myself away from B&E as i felt i was been let down and tried to tackle the problem. I spoke to NR some more to try and reason with them but they said that they would secure this judgement at all costs, it seemed personal to them. The CCJ was passed in Mold Court but i asked it to be transferred to my local court which it was but eventually the CCJ was upheld and a charging order on my property was granted. I wasn't asked to make an offer (before going into court i did make an offer to their solicitor who phoned them to find out if it would be suitable but they pressed him to obtain the judgement and the offer was refused) All i was told by the judge, who seemed sympathetic toward me but said he couldn't not pass the charging order due to the amount i owed my creditors and my income. I asked the solicitor acting on behalf of NR what happens and he said i would recieve in the mail what is happening. All i have received is the Land Registry notice which explains the charging order placed on my property and the notice from the court saying the charging order was granted. Then a few months went by, then i received a letter from Link Financial who tell me to contact them as they are now in control of the debt. I phoned them to discuss it and they told me they had purchased the debt from NR and are in control of the Debt, the charging order and the CCJ. Since coming on here i have sent a CCA and will be sending for SAR. My question is: Can a charging order and CCJ be purchased by a DCA along with a debt? I have read the charging order produced by the court and it clearly states the client is Northern Rock. And as i understand it, when a company sells the debt it becomes more or less satisfied with them. I just can't get my head round it all and my wife is getting more worried each day that we will lose our house. Although the judge did stipulate on the order that in no way can the company go for "enforce of sale" Sorry to bang on but it is quite complicated. Dave
  13. I am a new man!!! Inspired!! you betcha.... This site has got to be one of the most informative, entertaining, uplifting sites i have come across in a long while. I am sick of these DCA coming down like a ton of bricks on the little guy. They do not realise/care that the tactics they use and promote are scary/demeaning/down right awful. Well no more!! Not with me.. I have had enough! When i got into trouble 4 years ago i turned to all my institutions (banks, credit card companies etc) for help and they all pretty much slammed the door in my face. Fast forward to now and i am battling with 4 different DCA and have taken everything they have said as gospel. It cannot carry on like this surely. There has got to be a better, more ethical way for these companies to conduct themselves. (i know money and ethics do not go together) But the law either needs rehashing or completely changing. Sorry about my rant but i am sick to death of these multimillion pound dragons trying to eat everyone in there way. I was close to declaring myself bankrupt not long ago but since coming on here i have found new spirit to help me fight back. Just like Rocky said "That's it, i aint going down no more Mick, i aint gettin knocked down no more" Dave
  14. Hi mark, I too am having fun and games with Link Financial. I posted my details in wrong area but got a response which contained the above letter which i have doctored to my needs and printed off. Sick and tired of being bullied by these companies. Even if we lose, at least we make it difficult for them. Good luck mate, keep us informed. Dave:-D
  15. Great stuff, I have altered the letter to my needs and have printed it off. Will keep you updated. Thanks for the advice, it's greatly appreciated Dave
  16. Well when i received the letter from Link i automatically phoned them up to clarify what and who they were. I am quite good on the phone and the guy i spoke to told me they had bought the debt from Northern Rock and were in control of it, as well as the Charging Order and only they have the power to remove it once the debt is satisfied. I haven't had any letters/correspondence/phone calls from Northern Rock since the early part of this year and that was before the court case. Out of curiosity i phoned Northern Rock as if i was still a customer and enquired as to the balance of my loan, but it was weird as the chap i spoke to said there was two accounts, one had a balance of £3k and the other he didn't know, it was weird, then he gave me another number to call as they would have more details (it was a different department) All in all i thought that when NR sold the account i would be wiped from their database, don't think this has happened. So, i don't know what to do. I have requested a copy of the signed agreement from Link (who have said it takes a while) and am just stalling them at the moment. I haven't CCA (what that mean?) Is it Consumer Credit Act?
  17. Ok, what happened was when i got a court summons regarding northern rock i had to get it changed to my home town court which i did. I did try to defend myself as i had asked northern rock for help but they had shunned me and were adamant on getting the judgement. In court the judgement was passed as the judge didn't believe that with my other creditors and my current (then) income i could maintain the contracted payments so he passed th CCJ and the charging order. In court no payment arrangement was met, it was merely to get the charging order passed. I made an offer to the solicitor acting on behalf on Northern Rock but when he phoned them they refused. So, in court on the day all that happened was they got the CCJ and the charging order, as far as i know that was it. Their solicitor said they would send a letter in due course. All i got was a letter from the land and property register saying a charge had been placed on my home. Then i got a letter from Link Financial saying they were now in control of the debt. So i am a bit stuck because if they have bought the debt, have they also bought the CCJ and Charging Order? Can these things be transferred between 3rd parties freely? Thanks
  18. New to this area so didn't know where to post, sorry.
  19. Hello all, Just a quicky as i am new to this. I held an account with Northern Rock for a loan i took out 3 years ago. The original amount was £18k, after about 2 years i got into trouble after losing my job and defaulted on the loan. I approached a debt management company (Baines & Earnst) big mistake i know, Northern Rock were stubborn with the offers put forward and eventually took me to court to get a CCJ registered. They then took me to court to have a charging order placed on my property, which they succeeded in doing. Now it seems they have sold the debt (which now stands at £33k, the total amount i would have paid back) to Link Financial. Am i right in understanding that when they bought this debt, they also bought the CCJ and the Charging Order? I am currently going down the channels of requesting a signed agreement from them, and the CCA etc etc. Any help/info/advice would be gratefully received. Thanks Dave M:D
  20. Hello to the Consumer Action Group.... Now, that is out of the way:) I am very happy i have found this site and can see the people here are helpful and friendly which is what you need in situations like mine... The dreaded D word (D.....E.....B.....T) But if the little people stick together it shows that we can win the day against the money giants!!! Can someone point me in the direction of the template letters please?
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