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foolishgirl

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Everything posted by foolishgirl

  1. I recently submitted a claim for a return of charges on my credit card & requested interest at 8%. I received a ridiculously inadequate offer that I have completely refused. I now realise I would be better off (even if I have to take it to court action) if I claim charges + interest on charges + contractural interest on both & would like to resubmit the claim as such. However I am a little confused as to whether this is permissable as I commenced the claim originally with just the simple calculation of 8% & I read that once you have started a claim with the 'simple' calculation you can't switch to the contractural. Could someone explain & clarify please?
  2. I recently submitted a claim for a return of charges on my credit card & requested interest at 8%. I received a ridiculously inadequate offer that I have completely refused. I now realise I would be better off (even if I have to take it to court action) if I claim charges + interest on charges + contractural interest on both & would like to resubmit the claim as such. However I am a little confused as to whether this is permissable as I commenced the claim originally with just the simple calculation of 8% & I read that once you have started a claim with the 'simple' calculation you can't switch to the contractural. Could someone explain & clarify please?
  3. I would like to see legislation that only allowed a debt to be sold on and/or passed to a DCA for a limited number of times -say 3. After the 3rd attempt to collect payment, the debt would automatically become unenforceable. It would then perhaps concentrate creditors minds on completing (& keeping!) the correct documentation in the first place & ensure that they couldn't keep selling it on or passing it to a DCA & sending consumers round in circles.
  4. I'm sure somone else will come along with more definitive response then mine but you sound really desperate. From your posts it sounds as though they haven't a leg to stand on & you've done all the right stuff so I would ignore the LBA & deal with a court claim if they make one. There are others on this site who will help you more expertly than I can to formulate your defence. Suggest you don't panic & sit it out. But if court papers arrive make sure you deal with them quickly, particularly in sending back an acknowledgment & denying any liability. You also then need to CPR the claimant immediately. If you post up the POC (with your details obscured) I'm sure someone from this site will help you through the process. The really important thing is to remain CALM!! No-one is going to hang you at dawn.
  5. Just as I thought Rameses, I had no intention of stopping paying - this OFT letter gives food for thought though?! Can you imagine the Judiciary's faces if they thought OFT was above/making/overuling the laws? BTW I share your realism/cynicism re. OFT & FOS; motto - as with almost everything in this life, if you want a job doing, do it yourself.
  6. I had a ccj made against me a couple of years ago (through my own ignorance & before I found this site) & have been making payments to creditor ever since in accordance with the court order. I have now discovered that no executed copy of a cca exists. Does this OFT statement mean that a warrant cannot be applied for on this ccj as the debt was never legally enforceable even though the court issued the ccj? Can I stop paying without finding baliffs at my door? Huh, I doubt it. Can someone clarify please?
  7. For more info on County Court claims, defence, procedures etc. this is a good reference to start with http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html I'm sure someone with experience will come along to help you. Good luck.
  8. Re. unpostmarked mail. I'm sure the lines mean something to an OCR reader in the PO. If you find out how to decipher them Godmother, could you sticky it please as I think it would be helpful to a lot of people, including moi!
  9. When an account is disputed (usually through not supplying CCA within 12 days) the following phrases are often used in templates on this site for the appropriate letter to send: You must not demand any payment on this account, nor am I obliged to offer any payment to you. You must not add any further interest or charges to this account. You must not pass this account to any third party. You must not register any information in respect of this account with any of the credit reference agencies. You must not issue a default notice on this account Can someone tell me where this info. comes from please? I can't seem to find it in Consumer Credit Act or OFT Debt Collection Guidelines.
  10. I got that email too & did what I do with all unsolicited spam - ditched it. It sounds a great idea & helps vent everybody's fury & frustration but in reality it's ill conceived & wouldn't do any good at all. The men making the real profit out of this fiasco are sitting in No.10 & 11. Writing/emailing your MP will kick the powers that be more effectively & another well aimed boot at the next elections will bring the point home much more satisfactorily in the long term. And thank your lucky stars we live in a country where people power does (sometimes!) work....
  11. I'd sit tight - why waste a stamp on telling them what they already know i.e. they've bought a bum debt. No doubt they'll pass it on so keep that letter.
  12. Here you go... Enjoy an interesting read! Consumer Credit (Agreements) Regulations 1983.pdf
  13. Hi Dobbydog - I'm watching your case with interest (no pun intended) as I am just about to start a similar claim against Cap 1. Re: your Post 5, could you tell me how you calculated the interest Cap 1 had applied on the charges please? My monthly interest is rolled up with the original debt & I'm not sure how to seperate it out. Also how did you then calculate the total amount to claim eg. did you compund it for the total period? Did you use a particular kind of calcualtor - maybe online etc. or did you do it with Works/Excel? Any help would be greatly appreciated. Good luck with the claim....
  14. Know just how you feel - I am trying to help my daughter out of a similar situation with DCAs. She panics just like you when she gets a 'threatening' letter but now phones me instead of the DCA. Fortunately I am older ( & therefore less easily intimidated) so I calm her down, encourage her to think rationally & give her the ammo (with the help of this site!) to deal with the bullies effectively. And that's just what they are - no better than the big kids in the playground who thought that strong arms & fists won the day. Keep the faith, consult the good guys on this site, take one day at a time & you'll win - but be prepared for a long journey...
  15. Did you really want to continue an account with them??!! Cry all the way to the bank. Well done on the claim - go for the PPI....
  16. Thanks, rory, I'll do that & post here with eventual (hopefully) successes & donation. This site is one of the best on the web!
  17. I have posted this question in 'Other Institutions Forums' as I think it probably falls more within that category but as a follow on from the above, if you have any views, I would be grateful. I recently fell behind with payments on a credit card & was then informed the debt had been purchased absolutely by a DCA. I know that there were loads of unfair charges applied to this card so who do I submit a claim to - the original creditor (ie. CC company) or the new owners (ie. DCA). My guess is the DCA as they have bought the whole bangshboodle including the liability for refunding the charges but I would be grateful for any advice from others with experience or knowledge please.
  18. I recently fell behind with payments on a credit card & was then informed the debt had been purchased absolutely by a DCA. I know that there were loads of unfair charges applied to this card so who do I submit a claim to - the original creditor (ie. CC company) or the new owners (ie. DCA). My guess is the DCA as they have bought the whole bangshboodle including the liability for refunding the charges but I would be grateful for any advice from others with experience or knowledge please.
  19. Thanks for that quick response dmd - you've confimed my opinion & given me more ammo to fight with. The copy CCA they have sent says nothing about defaults at all, only about the minimum monthly amounts payable & the way in which interest will be calculated, APR etc. I assume there were some T&C issued at the time that may have contained that info. but they have not sent a copy of those (probably 'cos they don't have them) & I doubt that a link could be established with the T&C anyway. In fact the copy CCA is in 2 parts - one with my signature etc. the other with the rest of the prescribed terms which is why I will contest the agreement as being unenforceable anyway.
  20. I had a Morgan Stanley credit card & fell behind with payments. In Jan. 2006 I got a letter from MS stating that the account had been purchased by Aktiv Kapital for whom Thames Credit was acting as DCA. Since then I have been paying Thames on a monthly basis but never received a statement of account etc. Last month I requested a CCA & S.A.R - (Subject Access Request). They have sent a CCA that I think looks dodgy & will contest & also a statement showing my regular payments from 2006 to April 2008 with no interest added. Then on the 11th day after my CCA request (ie. a day before they were due to issue CCA!) they have blobbed on approx. 30% interest. Reading these forums I understood that they were not allowed to charge extra interest. Can anyone confirm if this is legal or not please?
  21. Thanks, chancer, I'll pursue with Citi. Watch this space as they say...
  22. I empathise completely with your TalkTalk broadband probs. It took me 4 months, endless phone calls, visits from comms. engineers etc. about 4 years ago to eventually figure out that it was all down to a line fault supplied by BT & over which TalkTalk (as a sub-contractor) have little, if any, clout. I escalated the whole prob. to senior supervisors at TT & BT & eventually got a satisfactory broadband connection. Then I started demanding the costs, compensation etc. I succeeded in getting a refund of my 'non-existent' TT connection for the 4 mths with a small comp. sum although not without the argument by TT that 'it wasn't their fault'. No, it wasn't but my contract was with them & not BT. I stuck to that line with threats of CC action against them & wore them down. I did most of it by phone but you must ensure that you've got the case escalated to a senior manager. In your case, with threats of Debt Recovery I would write (Rec. Del) immediately putting the account in dispute - you'll find the templates on this site, then SARs them to find out where they've got the extra charges from. Good luck...
  23. Thanks for this valuable info, Rock & Roll. I've just started taking Barclaycard to task for loading up my credit card with OL, LP charges etc. all caused by the charges they've applied to a debt I had agreed with them to pay off at £50.00 a month & had been doing so. Just applied for SAR & CCA & surprise, surprise, what's come back but a LBA standard drivel & of course, no CCA! I'll let you know how this progresses - maybe in 12 months (or longer!) time....
  24. I had a credit card with Peoples Bank based in Connecticut, USA from whom I'd like to claim penalty charges etc. I don't think they market in the UK any longer although they still exist in USA. Does anybody know if it is possible to claim against them as if they were a UK CC company? Grateful for any advice... PS I've always been UK resident.
  25. Kells343 is correct. It is a computerised phone system that multi dials numbers randomly. Only the first person to pick up will get to hear anybody on the line. It is probably no one sinister - perhaps just a cold call marketing call - but extremely annoying if you let it get to you. The remedy is to either ignore or immediately pick up & slam down the receiver again. The computer then thinks the call has been answered & doesn't re-call for some time.
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