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Everything posted by horsemad1

  1. Ok does this add weight to my case? I started looking back through paperwork (cos I've years of it) and came across a letter from Halifax stating that all they can provide is a copy of the application form and current t's & c's. Does this give me a stronger position in terms of them not having an original signed properly executed agreement?
  2. Just an update. Ok so I decided to send a CPUTR 2008 letter by recorded delivery to Drydensfairfax, and low and behold on Monday we got a letter from them confirming they had closed the account with them and passed it back to Halifax!!!!!
  3. Another question sorry - if they were to try to enforce in Court would they need to produce the original agreement because its pre-2007. Sorry have been trying to read up about CCA's and came across this remark in another thread. Why does being a pre-2007 agreement make a difference? or am I totally barking up the wrong tree?
  4. Ok, but could I request that they send me the original and only the original under an s78 CCA request or is there an official letter that you know of that I could perhaps use instead?
  5. Hi again theoldrouge and thank you for your reply, but if I send this letter all I will receive is the same copy of the cut & pasted together application form in post #14 as this is what Crapquest provided me with (and other DCA's as Im guessing its all that Halifax have) and that will fulfil their obligations under an s78 CCA request, they will then be able to pursue me & I'll be back to square one wont I?
  6. Hi the oldrouge, Drydens first letter I received from them said "We refer to the above matter and note we have been unable to reach an arrangement with you. We have now received instructions to issue a claim against you in the county court to recover the sum outstanding. it is not too late to stop the claim being issued. Please call us on -------- or if you prefer write to us at the address below & we'll discuss an arrangement with you. if you do not contact us by 22nd Sept our instructions are to issue a claim. Information about our Claim Under the practice direction - Pre A
  7. Thanks bazooka boo but tried the 'cca received does not satisfy request & will not enter into any further correspondence " letter with cap quest & dry dens but I am worried that if I don't reply again they will initiate court action.
  8. http://i392.photobucket.com/albums/pp8/julieh2/HalaifaxreconstitutedCCAfrontsid-2.jpg http://i392.photobucket.com/albums/pp8/julieh2/ReconstitutedCCA.jpg Also got a set of current terms & conditions. The first page says page 4 of 8 and the second states page 3 of 8, so pasted back to front to make page 4 look like that came first. have never recieved the missing 6 pages?
  9. Sorry guys been offline for a while. Thanks for your replies. Crapquest are who drydens are acting on behalf of. Apparently I exhausted capquests complaints procedure after 18 months and then they passed it onto Drydens. I wrote to drydens on the 13/9/14 basically saying acc is in dispute, should not have been passed on and that a reconstituted copy of a application form with missing prescribed terms and missing pages was not acceptable. I asked that I be allowed to view the original at their offices, I also at the same time made a formal request under CPUTR 2008 that they put in
  10. It's been on the dca roundabout for years, been with cap quest for 18 months & after going through their complaints procedure & them saying they had satisfied my request , they passed it to fairfax.
  11. Have also noticed a few more things, the first page of the re constructed application form says page 4 of 8, the reverse of this says page 3 of 8 so obviously cut & pasted together back to front, should I be demanding to see the missing 6 pages?
  12. Ok so have started to draft a letter with a little help from another thread. Would this suffice? " Thank you for your letter dated 8th September 2014. This account is in dispute and has been for many years. Capquest nor halifax have been unable to supply me with true copies of the properly executed Regulated consumer credit Card Agreement in relation to the alleged Account. Unfortunately neither responses have produced any evidence that the Agreement is Enforceable. The alleged Agreement appears to be unenforceable for the following reasons: 1. The document is an Appl
  13. Thanks for your reply CitizenB. Its been disputed since 2009 when payments also stopped. Tried to negotiate a reduced payment plan as financial situation was dire but they piled interest on which was higher than the payments being made and when I requested a CCA they then sent me to their debt collectors and been on the DCA merry go round ever since. t was sold to Capquest but also now owned by LLoyds???? Not sure if Halifax and Lloyds merged. Yes there are interest and charges on there but no PPI. Im not sure what you mean by a credit card Proper? Do I then reply to Dr
  14. Hi this has been backwards and forwards to Capquest for about 18 months, its for a Halifax cc from 2006, my main dispute is that when I requested a CCA I was sent a copy of the application form which had only one of the prescribed terms on it. It did not show the amount of credit, credit limit or repayments, the only thing it has on it is the name and address, rate of interest and signature. They also sent the terms & conditions stapled to it on 8 separate A4 sheets. They say this is enough and have complied with my request - is this the case? Where do I stand with the fact ne
  15. Have looked back through paperwork & no notice of assignment from egg. Should I oh down that route as a response to their recent letter?
  16. Which is my worry. Im wondering what I should do or say that will stall them for a while. Im not convinced the statements theyve provided are real, I know an SAR would reveal this. What do you think my plan of attack should be then please? I guess I need to respond to the letter theyve sent threatening Court action, otherwise they'll think Im ignoring them ... ... Any ideas of what my response should be please?
  17. Nearly £7k but with 25% off I suppose its £5.5k. Just thought there was an issue with the enforceability of the agreement and thats why no-one has pushed it till now. Again, I dont know whether its scare tactics or they really will take court action. Is it worth sending them a letter saying Im SAR -ing EGG so it may stall them? While Im thinking about it Im not actually sure I recieved an assingment ltter form EGG telling me its been asigned to them, might it be worth asking them for this also?
  18. Thanks for reply. Ha no it doesn't your right!! It says they will advise their client to proceed with county court proceedings.... . It's just odd that no one has chased this in years & now all of a sudden they are on my case. Should I ignore it then or sar egg? Just noticed that they appear to be issuing court summons on old egg loans out of the blue on other threads, so want to try & stall them for 7 months if poss!!
  19. Ok since scanning these up have had a letter of assignment from Arrow Global and a letter fro Wilkin Chapmans today saying they will accept 25% reduced settlement figure or Court. As Ive only got 8 months to go before its statute barred, what should I do ?
  20. Hi again been a while but Wilkin Chapman have come back to say they are unable to provide who payment was made by, where or how but have provided a copy of what they say is an Egg statement showing last payment made Dec 08, it is not on Egg letterhead. What should be my reply please?
  21. Thank you citizenb I made a complaint they said I had failed to keep up a payment plan and therefore added interest. However they fa to mention that they did not tell me I owed £14 or that they were adding interest, they also failed to mention that they fabricated me reconfirming a payment plan in 2012 so that they could fail it & add moe interest and that they retook out a loan in my name in April 2013 again so they could claim missed payments & more interest. Their final response was I can pay £379 instead of £2311.79 !!! So I think I prob have a good cause to complIn to the FOS. Tha
  22. Absolutely fuming. I very stupidly took out a loan of £150 plus £45 interest total £195 with Cash Genie on 9th January 2010. I was already in financial difficulty and missed the payment; they added interest, charges and late payment fees to the tune of £72 each month which they said they would waive after much negotiation over a payment plan starting April 10 of £5 per month. I continued paying this until the loan was paid off in June 2012 – or so I thought. I heard nothing further from them until March 2013 and out of the blue I got an email from them stating I had missed a payment, I
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