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stuartino

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Everything posted by stuartino

  1. Hi Jack, That's what I thought having read Buzby comments in some of the other theads , I was just hoping that something would crop up. I advised my daughter not to get the phone, she is a bit headstrong and did it anyway. The folly of youth. If anyone else has any info, I'd be very grateful. I appreciate its not looking good!
  2. Started my own thread, apologies for hijacking. http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-internet/254946-phones4u-wont-cancel-contract.html#post2867266
  3. Hi there, I have just tried to return a phone to Phones4U customer services that my daughter got on contract from a retail store on Mar 28th less than 7 working days ago, they are refusing to allow her to return it under any circumstances. I have seen mentioned a 14 day cooling off period, where is the legislation for this? They say this is wrong, there is no cooling off period for bought in shop contracts. She is returning due to poor reception. I am happy to start my own thread just want to look at the legislation. CAG user: LOCTUS said "Contact the network who will release your daughter from the contract due to lack of coverage" My daughter just called O2 who said that O2 can't do that, and they have alot of problems with Phones4U telling people to contact the network provider. Phones4U said they would get the network provider to do a network test, but O2 said they don't do them! What is the next step. Surely you must be able to cancel a contract if the phone/service is unsuitable.
  4. @Buzby I have just tried to return a phone to customer services that my daughter got on contract from a retail store on Mar 28th less than 7 working days ago, they are refusing to allow her to return it under any circumstances. You mention above a 14 cooling off period, where is the legislation for this? They say this is wrong, there is no cooling off period bought in shop contracts. She is returning due to poor reception. I am happy to start my own thread just want to look at the legislation. Thanks
  5. I have waited 20 business days since my S78 was delivered, I have had no response from Lloyds at all. Whats is my next step? I still think that like CapOne they will say as there is no outstanding balance, they will refuse my request anyway, shall I just SARN them. I know I can see if the postal order has been cashed, should I send another letter, if so what one. I can see in the other threads that Lloyds are not replying to lots of other people. I was hoping somebody might have answered one of my earlier posts. Thanks Stuartino
  6. Is it a trick? Recently CapOne refused to send me the S78 info that I had requested, they sent me a £1 cheque to reimburse me for the postal order. I put the cheque in my bank account. I then sent them a SARN along with a postal order for £10. However yesterday they sent me another cheque for £1 again? I now don’t know what to do, cash it and think no more about it. Take the moral high ground, return their cheque and write and say that I would never dishonestly take money from them. Or is it a trick to get me to phone? So that I make sure that they are still processing my SARN? Or if it all goes to court, do they say that I have acted dishonestly buy not returning their cheque? Or are they just really crap? Can I expect cheque every week?
  7. Am I right in thinking there is no point in sending registered delivery to PO Box, there's no-one to sign for it? I have been using the Trent house address as that is what the CRA gave me.
  8. Sorry I didn't make that clear, ask them if that is THEIR final word.
  9. You do have to write back! just say is that your final word on the matter?
  10. You need to be careful with these offers to pay a discounted settlement figure. There is a thread on the capital one thread, which explains that even if they offer to accept a final figure, once you have paid it they can still come after you for the balance. The guy seemed to know what he was talking about. I'm still waiting for Lloyds to respond to my s78 request.
  11. In my other ongoing thread I have received a letter from CapitalOne saying that as there is no ouststanding balance, they do not have to send me the default info that I requested in my first letter S78. As there is no outstanding balance here either should I just wait for the Lloyds letter, or just do a SARN now? Although I sent both first letters together the Lloyds one took over a week longer to be signed for delivered? Should I wait and get the same letter from Lloyds or pre-empt this with my request? http://www.consumeractiongroup.co.uk/forum/capital-one/246564-stuartino-capital-one-default.html
  12. Thanks for your advice, I have sent the template SARN and £10 postal order lets see what that brings.
  13. Hi, there was no debt outstanding as I paid the default amount. I only paid it out of naivity. I was trying to get a mortgage, and they let me believe that by paying it off, it would not be in default. So I paid it without questioning how the amount (£150ish) got to their figure. I really needed it sorted to quickly to get the mortgage. Obvioulsy I didn't get it! we lost the house we wanted. And had to revise our max spend. Any comment on how long it will stay on my account, from default or close of account? I honestly believe, I settled a final agreed figure with them, then due to some small amount (a few pounds) of interest, that escalated to £150.
  14. I have had a reply from CapOne refusing to send me the documents that I requested. Here is their reply: "Thank you for your recent letter requesting copy documents for your account. You requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974. As you may be aware, you brought your balance to zero with a final payment of £1**.** on the ** October 2006. You subsequently requested the closure of your account, which we completed on the ** February 2008. Where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to_provide documentation under section 78 of the Consumer Credit Act 1974 does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested. I have requested to send you a £1.00 cheque which will follow within the next 14 days. I trust this will help you with your enquiries. If you need any further information, please contact me again. Call me on expensive phone libes at Kylie Buchanan" Is the above correct, should I now proceed to send SARN. I also noted that they dated their letter 19th Feb but I rec'd it on 26th Feb I am also a liitle concerned that they "completed closing" the account in Feb 2008 does that mean the credit agencies have this info from that date rather than the day the default was settled in Oct 2006?
  15. I sent my "Signed for" letter to Lloyds from the post office on the 8th Feb, I just looked at the Royal Mail tracking website, and it says it was delivered on 15th! WTF I thought it was a next day or two at the most.
  16. Thanks SilverFox, I wish I had seen that bit about putting a cross through your signature, before I sent the first default letters. Although my signature has changed considerably since took out the original agreements over 10 years ago.
  17. Hi there, could someone please tell me where I can find the SAR template letter, I can't find it. Is it always £10? shoudl that be as psotal orders again? I have two cases/threads one against Capital One and one against Lloyds.
  18. I have been following the current cases on this Capital forum. I have now confused myself. I am trying to get a default removed, so I was just going to go through all the letters and steps I found in the default removal thread. However, I have now read 2 things that I am uncertain of. 1. Should I be issuing a SAR or just wait until the template stage says to do so. Or would doing this now save time later? 2. I was only trying to get the default removed, I wasn't worried about the credit card charges. Should that be a major part of my case? My position is I owed the money, I paid the money, but I don't deserve a satisfied default for £250 for six years paying it late. Am I being naive. I have a seperate thread going for a lloyds credit card, do the answers to these questions apply there too? I know Capital one signed for my letter 1 on Monday, so I just sit back and wait for them to respond. thanks Stu
  19. I have read through loads of threads on here, and I believe I have a reasonable shout of succeeding in my quest. I used to have a Capital One credit card, and number of loans and other credit cards. In 2004 my wife and I sold our house, paid off all our outstanding credit and moved to Italy to start La Dolce Vita. Things didn't go to plan, which was massive shame, but two years later in Jan 2006 we returned to the UK. When we applied for a mortgage a year later I was horrified to find that Capital One had defaulted me in 2005 for £267. I immediately rang and paid the balance, thinking that the default would be removed, of course it wasn't. I am sure that I got a settelement figure and paid them before we left the UK. I now think that their settlement figure was wrong by a small amount and the rest of the default amount is in charges. I will know when I get a statement I suppose. This default has hung over our heads since then, we bought our house at the top of the market on a 95% mortgage based only on my wife's decent salary, and we have been unable to change to a more favourable rate due to negative equity. My understanding is that as they did not serve me with a default, and could not have done, as I was not here, they should therefore remove it. I have used the first letter template from here, and by piecing the snippets from other posts together. I have read that Lloyds have denied receiving the "Registered Delivery" letter, they have claimed the postal order wasn't in the letter, so I have taken some precautions. I left the postal order pay to blank, I wrote the serial number on the bottom of the postal order, in the letter, I photo copied the postal order, attached that to the letter too, I wrote my account number on the back of the postal order. I have a separate case against Lloyds MoreThan, I will let you know how it all goes.
  20. Hi there, this is a great thread, I started mine today. It is my very limited understanding that the CRA lists are only updated once a month, at the end of the month. To be fair, I think Lloyds credit people told me that, and they lied about loads of other stuff. So maybe by 1st March it will be removed? Well done, you have inspired me, well done too, to the_Shadow.
  21. I have read through loads of threads on here, and I believe I have a reasonable shout of succeeding in my quest. I used to have a More Than credit card, and number of loans and other credit cards. In 2004 my wife and I sold our house, paid off all our outstanding credit and moved to Italy to start La Dolce Vita. Things didn't go to plan, which was massive shame, but two years later in Jan 2006 we returned to the UK. When we applied for a mortgage a year later I was horrified to find that I had forgotten to pay More Than. I think it was because it was an internet account, no actual statements not much anything from them. They had defaulted me in 2005. I immediately rang and paid the balance, The person I spoke to told me that the default would be removed, of course it wasn't. That has hung over our heads since then, we bought our house at the top of the market on a 95% mortgage based only on my wife's salary, and we have been unable to change to a more favourable rate. My understanding is that as they did not serve me with a default, and could not have done, as I was not here, they should therefore remove it. I have used the first letter template from here, and by piecing the snippets from other posts together. I have read that Lloyds have denied receiving the "Registered Delivery" letter, they have claimed the postal order wasn't in the letter, so I have taken some precautions. I left the postal order pay to blank, I wrote the serial number on the bottom of the postal order in the letter, I photo copied the postal order, attached that to the letter too, I wrote my account number on the back of the postal order. I have a separate case against Capital One, I am sure that was paid off. I will let you know how it all goes.
  22. I am about to start a Default Removal, with Capital One. Can someone confirm that on the £1 Postal Order "Pay to" should be blank for Capital One? Should it be crossed, Do I record the long number across the bottom?
  23. Could they enforce harsher penalties and make you pay more for them not being able to get it off? The police, who always claim to be powerless to act in these matters would have to force them to remove their own clamp even if they have to damage it in the process. Also if they are unable to remove the clamp, do you still have to pay the fee for removal. If you are claiming that they are saying they can't release the car, to bump up their fees, at what point can you say they have denied you your rights, remember you have paid to be released.
  24. Not sure whether this question is allowed, but what if the clampers cannot release my car. If I have paid my release money, but they are unable to remove the clamp, are they then committing an offence by retaining and not releasing my vehicle? can I then charge them for storage or call the police? Has this ever happened? Just wondering..... Thanks
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