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Everything posted by blencathra

  1. Following on from the recent banking disaster at the Royal Bank of Scotland.... Many customers who like me could not get at our money for several days I found the bank guilty of an even greater MESS UP which i am far from happy about. Infact i am totaly disgusteed. I went into my branch and asked if i could draw my pension out, as it was a regular payment As i had waited several days for it. I was told yes ok its ok to draw and i was given my money even then it wasnt showing up in my account. TODAY I HAVE CHECKED MY STATEMENT AND THE BANK HAS CHARGED ME £6.00 OVERDRAFT FEES. I was not told at the time i would suffer charges. Having called my branch today I was told Oh a letter or something has gone out. explaining about this error not to me it didnt and you will be geting the money back shortly, we are trying our best to sort the problem out right now.not a single apology or any time scale involvedIsnt it so strange. that a bank could not put money in an account or let you draw it at an ATM But the part of the system that makes the charges is working ok STRANGE VERY STRANGE INDEED . I HAVE NOT HAD ANY CONFIDENCE IN THE BANKS FOR YEARS THIS IS ANOTHER ACT TO JUSTIFY MY THINKING . RBS YOUR SYSTEM STINKS AND YOUR CUSTOMER CARE IS NO BETTER. ITS ABOUT TIME THE BANKS ARE TAKEN OVER AND NATIONALISED
  2. Something that has come to my attention and to be honest i think its something that needs investigating and questions asked of our Mmembers of Parlimant. The Banks had to be bailed out by the taxpayer. therefore bringing them into public ownership. Why then are the Banks concerned. still selling off alleged debts in the thousands to Debt Colecting Agencies. such as the ones you will find on any pages of this wed site. The debts are sold off at a few pence in the pound .Just so as the debt collectors can make vast amounts of profit. Those assest belong to the taxpayer do they not. I call that ASSET STRIPPING of something that they do not own. Comments are very welcome on this matter thank you
  3. Thank you for your interesting replies. Now what about the letter of assignment sent to me this week but back dated to February 2006. I do stress that in my opinion this is not a copy of the original, but a recently constructed letter. They know that Collection activities cannot be continued without it.. I do not have the letter of Sale from Barclaycard from 2006.. Is there any provision in the CCA 1974 for retrospective action such as letters of assignment. 4 years after a DC purchased an aleged debt >???
  4. I have been having a battle with Barclaycard and then Robinson Way. I requested Barclaycard to provide me with a true signed copy of the credit agreement in 2006. What was sent to me was a copy of an credit card aplication form It was in such a bad condition that it was hardly readable. I have continued to argue that an application form does not constitute a credit agreement, which Barclays refused to accept. They sold on the debt to Robinson Way in February 2006. The required letters of sale and assignment had not been posted. I consider Barclaycard to be in default of the CCA 1974 and therefore should not have sold the debt on. They just ignored my letters from then onwards. Even the compliment slip from Barclays has written on it copy of application form and they sent me an internal letter ( a mistake i think ) in which the words application form are used. Robinson Way have continued to write, with the usual threats of Court Action etc . I have sent them three copies of the application form and they just seem to ignore what i tell them. They are also in default of several of the Office of Fair Trading Guidelines on Debt collection, there responce to that has been nil. They wrote over the Xmas period saying the leter of assiment would be in the post soon. It arrived on the 6.1.2011. It is very clear this is not an original letter. It is almost 4 years late and is dated February 2006. It is not a copy . but in my opinion a recently constructed letter It appears they are playing retrospective legal games . How can they be allowed to play games, to buy debts in bulk without checking the legality of such alleged debts and then continue to chase folk for money when they have no legal right to do so. I would appreciate some urgant information on the two main isues. Application forms and letters of assignment...
  5. its been a while since i updated this thread. Now i think Barclay's have fallen out of their tree. They have sent me a final answer. worded in the same way as all the other letters are. Then i get out of the blue a letter from Calder Finance Based in Liverpool but in a Barclay's envelope. Do they think we are stupid altogether. They make the usual demands ,, so i wrote to them. No reply until the 12th March 2009 then they write to me again saying Wait for it.....As have not paid. Barclay's intend to sell the debt off IF I WANT TO STOP THIS SALE. PHONE TODAY he he he he THIS IS MY LAST CHANCE. YIPPEE. What a lovely letter i am going to write. and today I got a letter from Mercers with a default notice. a Liverpool address in a Barclay's envelope from Northampton . Dont these companies go a long way to post mail Telling me i should contact them IMMEDIATELY who the hell do they think they are. Why should i if its going to be sold off. If Barclay's sell it off. It will just another part of the Consumer Credit Act they have broken. Passing to a third Party . adding charges. Sending a default notice. Are they going for a full house. I believe that if it is sold Barclay's will be committing an offence of some sort as they know it is in default and should not sell it on when there is no chance to collect. It could be fraud Mercers have the nerve to say UNDER THE TERMS OF YOUR BARCLAY CARD AGREEMENT. i must make at least a minimum payment. They ignore all requests to provide the legal agreement so how can they quote it to me cheeky things or words to that effect. It is just one big farce from a company who cannot manage its own affairs. Continue to break the law and think its the right thing to do. WELL I DONT .... They even say i can pay by Barclay card. what a laugh What Barclay card ? and they say i have broken the agreement What agreement ? I shall have some fun with this little lot If they think i am contacting three departments at the same time they are barking up the same tree they fell out off.. BARCLAYS....MERCERS..CALDER FINANCE all the same company. He who pays the piper calls the tune. Regards Blencathra
  6. HELP NEEDED. Can anybody help me with some information on PPI miss spelt policies.. As with the bank charges you can only claim as far back as 6 years. Is it the same rule with PPI policies, or can you claim further back. As i am looking at two catalogue PPIs going back for almost 10 years. Sold to a pensioner, who had no chance of making any claim whatsoever. I would appreciate an urgent responce. Regards Blencathra
  7. Hi Ever 21. It might help if you was to list all those Debt Collectors and right down all the reference numbers and account numbers. That should tell. you who is chasing what and why You should also have had a letter informing you which company has sold which debt to which Debt Collectors and also a letter from each Debt Collector saying they have bought it. THEY MUST PROVIDE YOU WITH PROOF OF OWNERSHIP. and the legal right to pursue you for the alleged money. I have had a check on the web sites of these Debt Collectors. Its suprising what you can find out about these companys. How they say they shall conduct their business and in reality how they actualy do. Its nice to be able to quote them. Dont let them bully you and whatever you do never telephone them. if they call you keep a record of the number and the time. If you answer by mistake. Tell them you never talk business over the phone. Talk about the weather or the tv anything at all they soon go away. or put the phone down and say hang on I shall go and get him/her and leave them there till they get fed up of waiting. Let them pay for the calls Course dont forget to write for the Credit Agreements. If they cannot provide it within 12 + 2 days they are in defualt and the. debt is unenforceable under law.. This a usual trick by Debt Collectors to say they are not the creditors. If they are not tell them to go away They are not writing to you for fun. Cos they own the debt. If they would send you proof of ownership you would know No court can overide the law If a debt is unenforceable, it is just that. Good hunting... Regards.. Blencathra
  8. I hope your all eating your words now You of little faith... I bet so many letters are at this moment falling out of folks printers and on the way to the banks etc. The man/lady in the street is fighting back and long may we continue to do so I hope the bankers crawl back under the stones from which the came.
  9. Right today I am going to write one strongly worded letter to this nice Elaine Mockler. I know there is no chance of her ever seeing my letter, but it is for the record and my file. What kind of company puts managers automated signatures on letters. with contents that are breaking the law.? What kind of company ignores your letters and questions? What kind of company tells you this is our final response. Then tells you again and again he he? What kind of company? sends you mail from one address and has a different one on the envelope. Somebody has a long way to go to post the mail. What kind of company Has telephone call center's, that have staff that talk down to you and treat you with contempt ? What kind of company has staff that are totally ignorant of the law. To me that brings into disrepute the training . or they have no morals. What race are these people? How can they treat fellow humans this way ? What kind of company is it let me think ........... ah yes... i think i got it BARCLAY'S who else. I bet i hear you saying why just Barclay's. they are all as bad and YES YOUR ALL RIGHT. Regards Blencathra
  10. I send all my correspondence by recorded delivery and then use the Royal Mails Track and Trace. so you know they have got it. I wasn't expecting a copy of the agreement Bazaar, It was more tongue in cheek. If they havnt got the CCA as i requested in July 2008. they are unlikely to produce it now.. Every time i write they write back and say its our final reply. they have more final appearances than Tina Turner.
  11. Hi there is it no surprise that i have not received a telephone call or a copy of my credit agreement from Barclay's. THEY CANNOT BE TRUSTED EVEN MORE SO. How do they expect the public not only to trust them but to respect them also. I do neither. I was promised a copy of my CCA would be sorted and she would call me back to let me know it had been found. Barclay's are all mouth and have lost all credibility with me. What little bit they had. Sorry no magic formula or CCA
  12. Hi Desperate Daniella. I was told I had contacted the wrong office by Mercers . They then gave me the right address and what happened, yes your right nothing at all. How can Barclay's not be able to transfer items when Barclay's, Mercers and Calder , I bet are all in the same office. They just change hats. Well i suppose something did happen. that nice Elaine Mockler had added another £12.00 late payment charge. How can it be late if i have not paid it at all, When did i pay it what time , how much late was it ?. They fail to respond. But as Elaine Mockler does not talk to customers. I dont recognise her.How can they prove i owe them money without an agreement.
  13. Hi I note that Shawn0109 states that a DCA has 12 working days to provide the requested information Should this not be 12 days + 2 any days not working days. as this is longer Regards Blencathra
  14. Hi Daniella. What cheek. The wrong office. Have they not got the facility to repost it or fax it or email it. Anyhow no telephone call from BARCLAY'S today. Now why does that not surprise or shock me. If they cant provide a CCA from July 2008 How can somebody produce it at a minutes notice Unless it was Debbie Maggee and she was going to pull it out of Paul Daniels magic hat. The one he pulls rabbits from. They are all wind and whatnot as they saying goes. But whats new there. You can see why the banks are in such a mess. Maybe if she makes a complete mes of the telephone call or not make it at all. She might get a bonus . Tongue in cheek . How can you take them serious at all. Well folks no copy of a CCA to put on the thread. I feel i have failed and let you all down. Ohh never mind i can get a job at Barclay's they are used to failures Or it could arrive in the post on the 12th of never Regards Blencathra
  15. Hi latest chapter. I received a letter this morning from that nice Elaine Mockler. Customer Services Director How nice of her to contact me. So I thought i would return the call. NO CHANCE as she does not take calls from the public. She in her wisdom/or more likely the system has added charges . Even though the account is in default. So my call was transfered from somewhere to India, then it was transfered to Liverpool. Please note THEY CAN TRANSFER CALLS AFTER BEING TOLD FOR AGES THAT IT IS NOT POSSIBLE. I finally got to speak to somebody at Barclay's. she was i bet sat at a desk between Mercers and Calder Finance. DCA. After explaining about the charges. This ever so nice lady said she could get me a copy of my credit agreement right away and would call me back later today. What am I going to do then , when i get it she said. Lets see what you get first I do not commit myself over the phone to anybody. Are you going to start paying again she says. Does she not know . They have to apply to the court for permission to demand payments as the account is in default. I do wish they would train folk correctly or at least expect them to behave in a manners fitting to the job they do. Fat chance of that. So we shall what happens this afternoon Barclay's definition of a late payment is..... Late payment means payments received after the payment due date. If i have not made a payment at all. HOW CAN IT BE LATE ????? They are not entitled to charge interest on the default sum until after the first 28 days.... But they fail to recognise that the whole account is in default, they have not supplied me with a CCA I wrote in July and they applied the £1.00 to my account as a payment (*&^%$*&^) Thats instead of swearing
  16. A default is only legal if a DCA can prove they own the debt and can prove ownership. There is no such legal thing as they 6 year rule under any statute, except for an order signed by a judge, such as a CCJ or Bankruptcy. All other items should not be there if the agreement has ended or there is no signed agreement. The debt industry take us for idiots and its about time they worked within the law in their greedy quest for easy quick money often made by illegal methods
  17. The default will only be legal if there is a cca to prove the default is there to be issued. There is no legal statute about the 6 year rule. The only items that can be legally on a Credit Reference Agencies records for 6 years are items passed and signed by a judge in court, such as a CCJ or Bankruptcy. If there is no CCA then a default should not be issued as there is no permission to allow items to be entered into the credit records of a data subject, without agreement of the person or persons signing a credit agreement.
  18. Hi Giveitallbacktome There is nothing to set aside. CapQuest have not filed any case to the courts, only informing you that you should declare yourself bankrupt. They are trying to get you to admit to a debt that they maybe cannot prove they own and have no legal powers to collect. It will cost you about £370 to file a case. CapQuest do not want to pay the cost. How can you set aside with the courts a case that has not been issued.. It is just a threat. If and when they issue the case against, which i doubt very much, then you set aside , but not before. If they send out enough of these type of letters somebody will fall for it eventually Regards Blencathra
  19. So sorry if i seem to be hijacking your thread Giveitallback, but i set up a similar thread a few days earlier with the same title , but mine thread seems to have vanished into a black hole.
  20. I disagree with the information to set aside. What CapQuest do is send you a statutory demand for bankruptcy. Telling you to declare yourself bankrupt. at your cost. They have not filed a case against you, If they had then yes a stay would be the right procedure. I have recently challenged that very thing on the grounds that could not provide a cca therefore could not prove ownership of the alleged debt, as a result they could not form a bankruptcy case against anybody. They have written back withdrawing the statutory demand. They had no intentions of going ahead with the case .. It was a scare tactic. Thats all those bully boys and women in the DCAs ever do . The case was in dispute as that stands they could not take any further action.Now they have agreed to fully investigate the whole case and write back. Of course it will be a independent investigation i am sure. you know what the DCAS are like. With a frank and honest reply. Dont hold my breath
  21. Looks like we have called it by the same name. Oh well Its the same thing Dont give in to them if they have no proof of ownership they cannot go ahead. Besides. you have to fork out £375.00 for the pleasure. They have no intentions of paying for it themselves. Just ask them to prove they have ownership of the alleged debt if they have not they cannot go ahead with the actions as the case would be in dispute and they would be in default .. Have you requested them send you a copy of your agreement ?
  22. I am now totally frustrated with this thread. I started it and my comments have vanished. Well How am i supposed to find things when folk move them. I was told to get the people involved to register a stay with the courts. Thats Not the right way. CapQuest was expecting them to fork out the £375.00 for it I got a reply to my case saying they have decided to take no further actions on the Statutory demand and the people can consider the demand withdrawn. They had no intentions of going ahead with the bankruptcy . as it would have cost them about £700 plus cost. Just more bluff and bullying from a DCA. Its about time that all DCAs played the game within the rules and obey the law as we have to do. What makes them so special as they can get away with things. Come on lets fight for our rights and have no worries about doing the same to them as they do unto us . Regards Blencathra
  23. Hi Daniella. I had Barclays send me the terms. They think that satisfies the terms of the act. Even so it is not a signed agreement. Terms do not relate to you .. So its still unenforceable under the act. They know what they are doing. Trying to frustrate people, Keep at it you have the law on your side. If they sell it on Just ignore the DCA . They have no rights to harass you without legal proof of ownership. Just write back to any DCA . Until you have proof you have the right to chase me for an alleged debt. I always call it an alleged debt. . They can shout all they like without the signed agreement containing all the right info they have no chance. Stand up for yourself as i know you shall. Best wishes Blencathra
  24. Hi there.Foxie. It may contain all the things you have stated . But there are other things needed also to make it legal, such as the interest rate. the frequency of statements and payments. . the cancellation rights. did they send you them. and check it is not an application form that is not the same. Have a look around the pages you will find more helpfully info. Littlewoods can be very ignorant and tend to ignore letters written to them I have had 4 years of their absolute rubbish. They are not worth calling on the phone so dont do that Everything must be in writing to and from them and if they call you tell them to write. As for the two other disputes how old are the accounts and perhaps you should send for a copy of the credit agreements quickly. if your account with Littlewoods is ok they should not have done that .. but there again they are ....... keep that thought to myself he he
  25. Hi Daniella. Remember if a company does not respond with a CCA within the time scales of the law. They are in default and cannot add interest or charges.etc as terms and conditions cannot be proven as a credit agreement How does it relate to you without names signature etc and how do you know its the terms that applied at the time you are supposed to have taken out the agreement. Its a load of poppycock Regards Blencathra.
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