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andrewman

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Everything posted by andrewman

  1. thanks for the advice much appreciated. I do not know how to start new threads, replying is easy. can you help please. thanks.
  2. I have received copies of my agreement under the consumer credit act, unfortunately they are substandard copies,i can not read them due to being in small print. i would post them on here but for some reason it will not allow me to do so. i woul dlike to know is there anything i can do. i have added attachments but unsure if they will attach to this post. cabot.doc
  3. I have got copies of my agreements,arrived today from cabot. unfortunatly i am unable to read the majority of it because it is in small print, and copy is poor. I can print or copy better than cabot can ever do. from what i understand agreements must be provided in a legible form,also any details sent must give details of any codes used. i do not know what to do about such a poor copy of documents. or codes like CHRGOFF. please help.
  4. send the company a second letter for CCA which should be found in letter templates. send them this letter. in the meantime i would destroy the letter they sent you,otherwise they have won. Dear Sir/Madam Re:− account number Your Ref: DCA ref:No. I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by , I will have no hesitation in passing your details to the Office of Fair Trading. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Yours faithfully I sent cabot this letter and they say they are sending me the requested documents. second time lucky ?. what ever you decide goodluck.8-)
  5. i first contacted cabot via email on 13 march 2008 requesting CCA,i did not make offer to pay them for it, that was at 13:24. Recieved confirmation email,thanking me for the email,it has been passed to the relevant department for review,that was 13 march 2008 at 14:09. Got an official rerply via post dated26th march 2008,your request, we write further to your request for information under serction 77 and/or 78 of the consumer credit act 1974. Althogh cabot has requested the information, the original lender is experiencing a delay in retrieving the information from it's archives. we shall send the information to you as soon as we receive it. that was over 16days, on saturday i sent them second notice of request giving them a further 12+2 days. got a email reply today at 14.03, Thankyou for your email dated 5 april 2008. We confirm that all information for your CCA request was received mon 4th april 2008. This is being posted to you today via first class. we trust that all is in order. yours sincerely cabot financial (europe)ltd. well i do declare,i bet cabot have had all the information i requested since i first requested it,and it has took two letters to get it from them. cabot are just trying to play for time in hope i would forget it. keep up the pressure,if after 12+2 days you have not received the CCA information then send the second letter,giving them another 12+2 days,that way cabot can not ignore your request for long.
  6. i have been trying to read between the lines of what the banks solicitors are moaning about. banks are worried about the case verdict being leaked out before they get to see it,also the judge hinted that his verdict could make history. This could mean that the consumer will win,otherwise why would banks start to worry about what is leaked if it was in banks favour.
  7. stillsmilin do not worry about what these DCAs are telling you,firstley they have no powers to send baliffs,attachment of earnings can not be done by DCAs. fistly are your debts unsecured,if so you have more rights. fistly as for DCA telephoning you and harrassing yourself, you need a telephone harrassment letter,fill it out and send it to the address of the DEbt Collection Agency. Telephone calls can be safely ignored because phone calls are not enforcable,as not seen as evidence. you mention CCCS this organisation is an excellent organisation to deal with,especially has it is free to use (charity). I would give them a ring back (CCCS) and explain to them what is happening, as you are already making payments through them, DCAs can not legally chase you for debts, you are making through a 3rd party. I have used CCCS and have nothing but respect for them, i needed help and they provided it. Ring CCCS monday morning if you have time,make sure you have your client number and details of what is happening. I would stick two fingers upto these Debt collection agents,and has your forum name says i would be stillsmiling. good luck in what you decide to do,also find the telephone harrassment letter,fill it out and send these idiots it, keep a copy of all corresspondence you have between DCAs, CCCS,and yourself,this will help with any threats of court action. somebody on here may be able to point you to the right forum place for telephone harrassment letter template.
  8. on monday of this week i sent moorcroft a cca request letter by recorded delivery. tonight at about 6.35pm i got a phone call from someone called helen asking me to ring her, i was going to do so when i realised i do not know anyone called helen, i used the 1471 number to double check the number and called the number via redial, it came back as moorcroft so i hung up. i will have logged the number in my book and will continue to add to it if i get more calls. moorcroft got the cca request on tuesday april 2nd and have until 23rd to comply with my request.:-?
  9. i am reading a booklet from information commissioners office entitled, Personal information toolkit. promoting public access to official information and protecting your personal information. on page 10, titled accessing your information. most of it we already know how to ask companies for, subject access request. The ico says give the organisation 40 days to reply,when they reply they should include a copy of all information they hold about you, details of why your information is processed and the types of organisations it may be passed to. The information may be sent to you as a computer print-out, in a letter or on a form. You should be able to understand the information, and any codes should be explained. You can also obtain a copy of your credit file. For information on this, visit www.ico.gov.uk or phone 08453 091 091 to request a copy of Credit explained.some inormation on your record may be held back if. it could identify someone else and that person objects to being identified or you arethe subject of a criminal investigation. Who do i contact if i have difficulty getting my information? if you do not receive a reply to your request within 40 days, you should send the organisation a reminder by recorded delivery(again,keep a copy). if you still don't receive a reply,visit information commissioners office website or contact helpline on 08456 306060 for advice on what to do next.
  10. Moorcroft Debt Recovery Limited -' Pre-Court Division P.D. Box No. 17, 2 Spring Gardens, Stockport, SK1 4A.J. ____ T.el.ephone 0161475 2816. Fax 0161 - 477 3864. Re: ABBEY Date 27/03/08 Moorcroft Reference. Client Reference. NOTICE OF INTENDED LITIGATION To prevent the above action send payment in full before 03/04/08 or Telephone 0161475 2816 immediately. If you do not respond to this letter we will assume you are purposely avoiding repayment of this debt and will take the necessary steps to secure settlement which may include issuing legal action against you. Please note if legal action is necessary your debt will increase as follows: Contact us now. A.J.Martin Debt Recovery Manager this is the letter from moorcroft arrived this morning. what is not shown because it does not copy is a blacked out box with costs to be incured in it.
  11. i have just this morning got one of moorcrofts famous notice of intended litigation letters, pay in full by 3/4/08. also after there usual moan there is a black box at the foot of the page outlining costs to be incured, due to the costs being in a black box and hardly readable can it be actioned or not. also i wish to send moorcroft a cca request letter but can not find a template can anyone help me please.
  12. I have had a card with the halifax since 2004 which i was told had PPI on it,well in august 2006 i contacted halifax insurance company to claim on PPI,i was told due to me not being able to prove the reasons for unemployment i could not claim for it, due to this and with help from an agency i complained to the financial ombudsman service over being missold PPI,this was in late february, i am now just waiting to see if the ombudsman agrees or disagrees with this. sometimes i feel that the ombudsman does not realy care,or claims are hit or miss.
  13. statute barred letters are not invalid as long as no contact between customer and creditor in last 6 years. mackenzie hall do not know what they are saying and can be ignored, keep all correspondance from them and all letters you sent and go see trading standards on this matter. then trading standards can tell mackenzie hall to lay off.
  14. anyone have anything on the halifax and ppi. i have complained to FOS about my ppi claim and was wondering if anyone had any dealings with halifax on this subject and what are the odds on winning. I tried to claim on ppi when i was made unemployed but the halifaxs insurance company refused to payout on the grounds i could not prove the reason for unemployment even though i told them the reason.I am noe 19monthe into unemployment and have difficulty paying my halifax bill which has an interest rate of over £130. hope it does not take to long for an answer from the ombudsman.
  15. andrewman

    abbey loan

    it is very frustrating waiting for outcomes to oft court case which is now July at earliest,then oft and banks can appeal could take over a year to sort. in the mean time my debt counsellor is contacting abbey to offer them £1.00 month if they accept all well and good if not i do not care,due to so many debts i will have to file for bankruptcy.only way out with over 23,000 pounds in debt. lets see what happens we may see banks surrendering to us claimants.
  16. i have had calls from cabot just last week, i sent them two emails one for CCA and other regarding telephone harassment. Both my letters have been acknowledged in writing. I am now waiting for details to my CCA request. in the mean time i have found some useful addresses to complain to. Financial Ombudsman Service The Office of Fair Trading: making markets work well for consumers CCTA (Consumer Credit Trade Association)CCTA (Consumer Credit Trade Association) consumer credit trade assoc: welcome to the csa group - x credit services assoc: ltd (for debt collection agencies) Promoting business and consumer relations in the credit industry – Consumer Credit Association – United Kingdom consumer credit assoc: MOTA - the Mail Order Traders' Association of Great Britain mail order traders assoc: all addresses given to me by National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000 feel free to complain to the relevant website address about your concerns,more ammo we use against these debt collectors the better.
  17. all MacKenzie hall letters should be taken with a pinch of salt, and can be safely ignored if you have not written to them. i am still waiting for MacKenzie hall to provide details of so called debt,they was ordered by trading standards to supply the details. the request was made over the phone from trading standards office on 25th February. does MacKenzie hall have an email address so people can email them for information. any phone calls to people like this is not evidence so what ever you say is not enforcable same goes if they ring you. if they contact you on the hope of getting you to reply ignore them if it is not the original address for the debt. make them prove who you are if they can,which i doubt.
  18. after reading the other posts on here i look forward to the day my request is full filled, if at all. i in no way will i ring them for anything. If cabot have asked for the paperwork from littlewoods, then why has my debt been sold to them, and not kept by original holder,who ever they are, either barclcard or littlewoods. barclcard are the ones who were administering card,and littlewoods personal finance was who i applied to for a card, it is no wonder things are so messed up.8)
  19. today i have received two letters from cabot regarding my email contact with them,first one was asking for cca access and second was about phone calls. Visit our website www.cabotfinancial.co.ukFor useful information and to create an online account Write to us at Cabot Financial (Europe) Limited PO Box No. 241 West Mailing, Kent, ME19 4NA 17 March 2008 Your Cabot reference number ~. Please include when you contact us. Your original lender Barclaycard Littlewoods Account type Credit Card Account number You currently owe £334:56 Dear Mr Adams Your Request for information under the Consumer Credit Act We acknowledge receipt of your request under sections nand/or 78 of the Consumer Credit Act 1974. 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. What happens next 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. Contacting Cabot If you have any queries about your account or any payment options, call one of our helpful customer advisors on 01732 524615 (Minicom: 01732 524630). In the meantime we thank you for your co-operation. Yours sincerely Customer Relations Manager this is the reply to my request for account information. they will try to get me information within the 12 day deadline, what is amusing is,cabot do not have all the paperwork from littlewoods.
  20. i am sorry to hear about the problems with HFO Services and the problems associated with it, i would have lost my rag with them if they called me like that,do not let it rest, contact your local trading standards office and report it,just to make sure this company understands you are serious and want it to be dealt with. That type of attitude should not be tolerated at all, it seems these people beleive they are above the law.
  21. I recently had a letter from IJ regarding brittania music and film club.These people say that brittania has gone into administration and it may have been some time since i was contacted. Luckily for me i have an administration order for all my small debts, brittania is one of them. IJ says that i still owe over £30 even though since march 2007 i have been making regular payments through county court,so i do not care what Idiot Justice think also i have today informed the county court, that i have heard that brittania is in administration and another company has the debt and says no payments have been made. This is now in the hands of the enforcement officer for investigation,and i will not be speaking to them,or writing to them. I hope IJ take court action on this becaus ei would win any action taken and ij would have to pay costs.:grin: :grin: :grin:
  22. If you can not pay the amount previously offered then you need to speak with someone who can advise you better and offer you help in person,like citizens advice,or give Consumer Credit Counselling service a ring of go onto their web page. From my experience of my debt over £1000, i went to the county court and applyed for an administration order and placed all my small debts (unsecured) onto this,i made an offer of £10 to the court which was accepted because i am unemployed, once this is inplace no creditor can chase you for the debt unless the court otherwise informs them. The total amount allowed on an admin order is £5000. From what you say this may be something for you to look at,get the paperwork from county court and have a look,you have nothing to loose. Other idea is to send a letter to creditor outlining what you can reasonably afford to pay,minimum £1.00, you may be able to find the letter template on this site if not goto National Debt line,where you will find the letters you need,pre-printed if you have access to a printer. more than likely you will get other reply's with more ideas to look at. what ever you decide Good Luck. post back if you still have problems,there is always somebody willing to help.
  23. if people have a debt with mackenzie hall and are paying it then i believe all action should cease has you have made an agreement and it is being held to. If your debt is under £5,000 and want a way to stop anymore action you could apply to the county court for an administration order, you make an offer to the court that you can afford,if accepted then you pay the county court monthly,and no further action by anyone can be done,unless you miss some court payments, otherwise no one is allowed to chase you for debts you have on an administration order. I have one for a year now never missed a payment,now and again someone tries it on,but i just quote the court details and number of the order and tell them that unless the court says different they can no longer pursue for the debt and no interest can be added.
  24. I recieved a phone call tonight (20:39) from cabot, the lady asked for me,when i told her she was speaking to me,she wanted details for security purposes,i promply refused saying i do not know who she is,and i also beleive they do not have the right to persue me for a debt belonging to barclycard because i have an agreement with barclycard to pay my debt in small installments. I also told her that i have requested some information from cabot to be sent to me by post. I also complained about the time,as it is after 8pm i class said call as harassment and i will report it if necessary, her reply was, we can call upto 6 times a day until 9pm, i said she can not do so and they cabot are not to ring me again. to put the point across i sent by email the telephone harassment letter. Lets hope they listen but i doubt it.
  25. I emailed cabot yesterday ,with regards their claim against me,i used the standard letter of request, minus offer of payment for relevant paperwork. I beleive if people like cabot want to deal with people, they should be prepared to send you paperwork for free.
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