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Tobes

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Everything posted by Tobes

  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  4. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  5. Tobes

    Direct Debits

    This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  6. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  7. Tobes

    Tobes v Egg

    This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  8. Yes pdl As you can see I was around on the forum at the start of the first wave of the bank charges battle but I'm rather out of touch now. I see from your link that we have more consumer powahhhhhh now. I seem to recall I received a 'final response' letter but my computer has exploded since then so I don't know if I have my correspondence. Does anyone know if they can decide to accept a debit card debit if there is no money and no agreed overdraft faculty? I'm pretty sure any direct debit would be refused (so they can make money) but as there are no charges for a declined card debit I guess they make their money by accepting it therefore inducing unwarranted overdraft fees etc... Am I imagining that there was a Halifax case recently about overdraft charges and defaults? Edit: ahh lloyds. Seemingly if the overdraft charges etc are deemed to be unfair a resulting default under the DPA is also unfair? Not sure how my case would compare as I did not make any payment as I considered their actions to be wrong and unfair and they had already started to add charges and I refused to give any money that would be used to pay those charges. Any help very much appreciated
  9. Not my main current account, I gave the debit card details to a company for a timed repayment (you may guess the type of company) I had no arranged overdraft, was in credit. The third-party company clearly repeatedly tried to take payments from the account but there were insufficient funds to do so. Then suddenly for some reason the bank decided to allow a debit for the repayment of a couple of hundred pounds, making the account overdrawn. This was a couple of years ago, and since then the bank had applied a default marker and has increased the debt via charges, unauthorised overdraft etc to over £1200, I.e. loads more than the original amount. I have been ignoring all the letters etc, they don't seem that eager (YET) But really: why/how can they have allowed the debit card payment when there was no money, I agreed no overdraft? Are they allowed to do that? And clearly that amount of charges is absurd. Surely it should have rejected the debit request leaving the third-party to pursue me if necessary? Thoughts? Ta
  10. Yeah I assumed something like that I think it's unfair of them because it wasn't a debt issue per se: I notified them first to say they were in breach of contract. I didn't owe money it's all the subsequent bills they thought I should still be paying. On top of that though I had one 'account' where I dealt with multiple phone sub-accounts and though my termination reason covered them all they have applied multiple defaults. They've certainly vexed me haha
  11. As in write a letter to her at L? And demand that all the accounts be closed? Should I ask for the defaults to be removed in the same letter for the same reason do you think? Thanks
  12. Happy New Year To Me!! Slightly misleading as no court time needed - I had multiple mobile accounts which I stopped paying after informing them due to bad customer service & failure to provide everything promised under contract or implied contract. This they didn't like and each contract was apparently sent to a DCA etc - about £1000 in total maybe. I had got into the habit of ignoring because I'm stubborn and righteous haha but couple years later just before Christmas I was surprised to receive court papers for one of the accounts from infamous (on here) solicitors. I stubbornly waited just until the deadline (as they do) to file a defence and I just decided to go at it with full details to show that I wasn't messing/afraid and that I would be a great witness re the 51% threshold. I know the normally better method is to be brief & hold back haha. I also reserved the right to counterclaim re default defamation. Today I was actually preparing to do a CPR document request but I've just received a discontinuation of claim :D out of the blue I'm guessing/hoping this means the other accounts won't be acted upon?! Should I bother asking them to remove the default as they've tacitly accepted my defence? I know I'm being smug but im happy!!
  13. Hi, thanks for your response. I'm not sure you get my possibly poorly explained gist. I am saying that instead of putting a date of default on my credit file as soon as default happened, i.e. after the sixth month of arrears, which is the time agreed by the ICO's guidance at the top of this forum, they just kept inserting 6 markers each month. This means that effectively this adverse record is going to have been on my file for longer than six years, because it will be all of those 6 markers, and then the six years of default. Also, the record now only shows a default 'D' marker, no prior history, so that is also inaccurate as it is not showing everything. Thanks
  14. Hi, I have an account, 'defaulted', that was sold to a DCA. They replaced the credit file entry to just their details, and put a default marker in, nothing else - there is no monthly data anymore, just a 'D' on one month. So my first issue is that the data is not complete, not showing everything, so not a true representation, inaccurate. Secondly, I recall that when it was the credit card, the company had updated the monthly markers from 0 to 1 to 2 ... all the way to 6, and then continued each month with 6. So it was basically 0,0,0,0,1,2,3,4,5,6,6,6,6,6,6,6,6,6,6,6,6,6,6,6,6...Now 6 should just change to a D for default and that should be the date of default, but it seems for whatever reason my default has been artificially extended, because the default date the DCA is using is after all of those 6 markers...So surely that is inaccurate as well. Thoughts?
  15. I've just received the above for an old bank account that was possibly sold on...They are treating the account almost like a credit account, and are stating that interest is being charged at 12% and they are showing an interest charge being added each month...Are they allowed to do this? Under what circumstances can a third party charge interest/whatever once the original agreement has been terminated and no new agreement has been agreed? Many thanks
  16. Thanks for your reply. Have you heard on this forum of people being met by process servers now? That worries me quite a bit. I think I shall follow your advice and wait for their next move, i.e. the SD. I shall then be back to beg for more help and advice!! How much do you think it will matter if the case was this one and I did get the penalty fees back - might I not then be able to say it is disputed as regards penalty fees? Or could I say that I disputed the whole debt, as far as I was concerned the matter had been put to rest as there was no counterclaim made for any outstanding amount etc? Thanks again
  17. I have received a letter from CQ saying that possibly around the end of this month they will issue a statutory demand. First of all I wonder if they generally follow through with this? Secondly, I wonder, if they do, is it still a bluff, or are they getting more serious with these as more people seem to be defending them? They say in the letter that they will personally serve the SD - do they now do that or will it still be by letter?!!? Anyway, I would really appreciate help in this matter. I believe it is for an old (2003/2004) current account, on which penalty fees would definitely have been levied. Where does that put me in regards to a CCA request etc? Does it apply to current accounts? I have received no default notice, no statement of account, no statements, no notice of assignment or whatever and there isn't a default on my credit file (I don't THINK). Should I be proactive and inform them NOW that I have no knowledge of the debt, that I therefore dispute it, that they haven't provided me with any evidence? I'm really not up with this so need/beg for help Should I do nothing, and if I get the SD apply for a set-aside? Also, the thing is, a couple of years ago I think it might be that I did actually make a claim against the original bank for penalty charges - and it might be that they settled and paid up. Help please! :o
  18. Thank you for your replies, i'll post in greater detail a bit later
  19. Hi guys, I haven't posted on this site for quite a while, I was here nearly at the start and got a lot of penalty charges back before the stays business. However, I now need help for which I would be very grateful. Apparently there may be a debt in my name defaulted in 2004, originally a bank credit card I think, now sold to a debt buyer thingy. I have ignored the many, many letters etc because the bank almost/actually admitted some years ago to me in writing that they have no copy of the original agreement. Unfortunately, this matter has now been passed to Sherwins/Sherforce plus (for action, not bought), some kind of baillif/enforcement people. I think I might have received a letter first but a while ago I came downstairs to find on the floor by the door an A4 piece of paper from Sherwins saying they had come to the house, made a 'report of what they have seen at the address' recommending to their client what asests I have available. The rest is demanding money to prevents further action and to restore my credit rating, there is a bit at the bottom to fill in payments details and it is set out with defendant and claimant as if there is court action. There has NEVER been court action, so that is pathetic intimidation but they never arranged to come to my house, so they have done this without my consent and the letter is terrible - words are missing from one side etc.. I am so angry and upset purely because of this outrage, but also because my mother passed away very recently and I am pretty much hiding in my house because I can't face people yet, it's too emotional for me...It's not my house, I have no assets, I live with my Dad who is of course also very upset...If he were to find out about this he would be very concerned and stressed because he has never had a debt in his life, is very traditional etc and he could have easily found out because there was no envelope, it was just put through my door... I wrote a letter, admittedly not labelled as a complaint, saying I was surprised/angry that they had done this, that I disputed the debt, that I would call the police and take civil action if anyone ever came to my house again; they have finally written back ignoring everything and just saying after contacting their clients they no of no reason for dispute and will continue to take action to recover the debt. I really, really want to get them for this, it has affected me badly and is wrong I'd really appreciate any suggestions. I am going to write another letter, entitled 'complaint' and then wait for an appropriate amount of time and then go to the financial ombudsmen to complain...What do you think?
  20. Please wish me luck for a Court hearing on Friday where I am trying to get a default removed...My opponent who shall remain nameless for the time being has played hardball from the start and it is rather scary...Plus if costs are awarded against me it could be upwards of £5000!!! So I am ****ting myself, 'scuse the language...
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