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  1. Be interested to see their response to this... and whether they'll let it go to court with the Section 140 and Reg 5 arguement...
  2. Got this letter too this morning - However it was my understanding that although the court ruled that charges cannot be penalties, the court didn't say that they were fair or cannot be assessed for fairness, only that the OFT couldn't do it. It left the door open for individual cases to still go ahead and argue themselves. If my understanding of the judgement is correct, then it would still be in the banks interest to pay out before court, and there is still that chance of an individual precedent?
  3. Hello all - Since updating my information on my experian credit file, I've now started receiving letters from Lowell about an old Capital One Credit Card. I know the deal with CCAs so I'm planning on sending one off using the templates, however I want to include something about the fact that I've not actually seen a NOA and the fact that the majority of the amount they're asking for of around £900 is made of up charges (the credit limit on the card was only £300. Is anyone able to help me with a couple of paragrapghs about the NOA and charges? Help would be most appreciated =)
  4. Well an update on this my friends - I've just had a phonecall (to my work phone number no less, not sure how they got that...) from First Credit to inform me that in order to get the details I requested last year that they require a £10 payment. Now I was rather miffed with them on the phone, seeing as my manager took the phonecall, and I had to deal with it while she was sitting there. Explained quite clearly that under a SAR request then yes, I would need to pay the £10 fee, however I didn't request information under a SAR, and that it was a CCA request and I paid the £1 fee - Further went on to state how unhappy I was that they contacted me at work, informed them not to ring me again and I would only deal with it through correspondance. Most unimpressed - So they said they'd send me a letter with what they actually need. Wonder what mince they'll send now....
  5. Hello, My dad is being chased by a company called Transcom for an Orange Mobile debt he didn't have. We've previously sent off a CCA request, but having done some research, have now discovered that mobiles are not covered under the CCA 1974, and as such, this that was the reply sent back this morning. Is there anything else we can do? He's never had a contract mobile phone ever, and so it's unlikely that he's run up a £200+ debt on a contract phone - Surely they must hold some sort of contract that they should be able to provide to prove that he's taken out the service - I've saw information about CIF? (customer information sheet?) - is he within his rights to request this? I think the next step will be a SAR, but should this be sent to Transcom or Orange - Or both? He's quite worried about this, as understandably, he doesn't want to be chased for something he doesn't owe.
  6. Right - so an update Sent off my letter to them and got a reply yesterday, nice bullet pointed list of information for me to read. They've explained that although the total paid is above the amount shown as a third on the credit agreement, the actual payments were split with £140 going to the car and £58 going to the insurances. Fair enough, so I'm below the 1/3 amount by approx £700. As such, they didn't need a court order to reposses! They have also stated that they're waiting for DAF to contact them about the part exchange value of the car, which was £1000. So taking all that into consideration, they've very kindly offered me a discount on the amount paid, knocking 40% off the amount owed! Nice! However - i'll will be addressing another letter to them shortly, explaining that until DAF confirm the amount the car was traded in, then I won't be paying anything, as the £1000 is completly missing from the statement of accounts, which when taken together with what I've already paid bumps the amount paid to £2556 or there abouts, once again puting me over the 1/3 amount - This isin't including the deposit (which we know was paid to the insurances - Naughty, Naughty!) But - What I need to know now is, on the agreement it has "in scotland a court order may be required at any time" - Should DAF come back and deny all knowledge of the part exchange, should they have gotten a court order anyway?? Where in the Consumer Credit Act does it refer to this so I can rebut their comments? Any help would be awesome!
  7. Hey guys - I'm currently in a fight against DAF and DLC about the repossession of my car 3 years ago. I've challenged DLC on the grounds that the car was repossessed from my driveway without a court order - now with the trade in of my old car (of which they've lost the documentation) and the deposit (which went to the insurances, which i'm told makes the agreement unenforceable anyway) the total payment was over 1/3 of the agreement, however until they can find details of the trade-in value, they're saying they didn't need a court order. So i've been trying to seach why in Scotland "they may need to get a court order at any time" So my question is, does anyone know? Are there rules to this? or is it just the case in Scotland they need a court order to repossess any property on private ground?
  8. Would be able to send me the details of that?? Would be useful to put in my letter to DLC
  9. Righty - drafted a letter i'm thinking of sending them. Dear Sirs I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY Account Number – 0001160397000/Your Ref - LIT/121141956 Dear Sir/Madam, Thank you for your documents dated 11/03/09 the contents of which have been noted. You should be aware that the Consumer Credit Act 1974 lays down certain requirements for my protection which were complied with agreement that you forwarded to me. You will be aware that with regards to possession, if I do not keep to my side of the agreement but have paid at least one third of the total amount payable under the agreement (in this instance £2243.84 as shown on page 2 of the document package you provided) then a creditor must obtain a court order to take back the goods against my wishes (and in Scotland may need to get a court order at any time). You will be aware that if a creditor does remove the goods without obtaining a court order, then I am entitled to get back any money that has been paid under the agreement. As you can see on the statement of account that you have provided, the total amount paid amounts to £2267, meaning that the creditor required a court order to remove the goods from the property. It is my assertion that no such court order was obtained, and as such I will be instructing a solicitor with regards to my legal right to obtain all monies paid under the credit agreement, unless such a court order can be proven to exist within 21 days. As the debt has been bought by your company, as seen by the deed of assignment provided to me by you, I have no choice but to claim again yourselves for monies paid, totalling £2267.20 I am also disturbed by the fact that in the documents you have provided there is no mention of the trade in of my previous car, which was worth £1000. You will notice that there is also no mention of this on the statement of account. You will also be aware that the use of the deposit to pay a down payment of the insurance XXXXX? Not sure why this is bad? I will however be willing to accept, to close the matter, the closing of the account, the waiving of all account charges and the removal of all adverse credit information that you have added to my credit file. I look forward to your response Would appreciate comments
  10. In all honesty, I don't know, but I think I remember getting a DN through, but I might not of. I have a question though - Is there anyway to doubly make sure that they didn't get a court order for repossession?
  11. Righty - As requested, scans of the agreement for your comments Cheers guys
  12. Muhaha! I think I further have a breakthrough! On the agreement it states that if one third of the amount had been paid a court order is required to reposses the goods, in this instance £2243.84 Having checked the statement of account they provided I've actually paid £2267.2 Now I didn't give them permission to reposses the car, and I'm damn sure they didn't have a court order, in fact nothing was provided - In fact I wasn't even in the house, my uncle was, then am I entitled to all monies paid under the agreement?
  13. So what's my next step then? DLC have stated that collection activity will begin again in 7 days (form a letter dated on the 11th). Should I be writing back to them to tell them to bog off?
  14. Right - Well I've just received today a copy of my original agreement, statement of account, deed of assignment and Fair Processing Notice requested from DLC. Now I'm quite sure that there is part of my agreement missing - the entire section dealing with the trade in of my own car which was £1000 - This isn't shown on the statement of account either. However it does look like it enforceable - I'll need to wait until tomorrow until I am able to scan the details up. However looking at the agreement they've sent me, it quite clearly says that the £250 deposit I paid went to insurance. I think i'm buggered.
  15. Rightyo - Attached is the letter I've received from DLC. See that they make mention of the previous court action taken - I've not been subject to any court action (that I know of at least) and Messrs had my address the entire time (as I say, they uplifted the car off the driveway). I've just sent off for my credit report however to make sure, as I wouldn't put it past them to apply for a CCJ without my knowledge. As I said in the OP - I'm 99.9% sure Messrs (or their agents) uplifted the car without an order - the only catch I can see is that I hadn't paid 1/3 of the cost - I know this is the clincher in England, but as I say, in scotland, I was told they need an order either way. Putting aside the fact that if this is true, I'm entitled to everything I had paid under the loan, I actually just want it over and done with (that and it's 3 years down the road). Again, does this look like a threatogram? CCA letter is being sent of Monday (frikken post offices are closed!) - Thinking about sending of a SAR as well. Reading a previous post about DLC, it would appear that they've actually bought a batch file from Direct Auto and don't have any documentation at all. So im faced with two options - Either DLC don't have a signed CCA and they can bog off, or Messrs secured some sort of court order against me, didn't tell me, let me stew for 3 years and then sold the debt. If the latter is the case, where does that leave me CCA wise?
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