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Everything posted by sunflower99

  1. Hi Beachy .I dont think you need to worry too much. I am sure that no DCA in their right mind would issue a court summons or a SD as you are not a home owner and have nothing of value and on a low income .So there is nothing they can sue you for or take.I am sure even if you did not have the invalid CCA argument they would stilll not want to issue legal proceedings against you.It is home owners or people who have assets who need to worry more.
  2. Hi DD and Exchange nice to see you on these threads too! Exchange as you said these Dca seem to renew their interest in thier victms just before it becomes SB,I heard from them about 7 months ago! I just ignored them and they necer contacted me again.Now I can safely say that mine is well and truely SB,So now if they ever write to me threatening legal action they will be met with the SB letter!The cca argument no longer relevant as SB a complete defence
  3. I think it is quite common for a DCA to have a last ditch attempt to frighten people into paying just shortly before it becomes SB. Cap one left me alone for many years but this year out of the blue just about 4 months or so before the account became SB they suddenly sending me a threatogram threatening that if i did not contact them to make arrangmenets to pay them they MAY set an external DCA on me! As strangely enough cap one never sent any outside pond feeders on me when i put account in dispute like they did to many people,I just ignored them and never heard from them again and now the account is SB!so hopefully that will be the same in your case!
  4. Though Beachy I think when it does become sb you will miss those lovely exchanges with Lowells and other capitalpond feeders. You will not know what to do with your extra time! LOL
  5. Hi Beacy so sorry to hear that.As you say you were trying to be reasonable with them and its never clear to know what to do for for best at time.Still as you say they dont seem to have a leg to stand on and as we say it will eventually become statue barred and then you can just ignore the threatograms!
  6. The beauty of staue barred that is there are no arguments the DCA can use! Statue barr is a complete defence in itself and once the statue bar date passed iso I understand the debt can not be reserrectued in anyway after the staure barre date passes which i believe is 6 years one month,! Also even if any payment or acknowledgement of debt takes place after statue barr date passed it remains staue barred.Correct me if i am wrong on any of these points as i am of course not legally trained!
  7. Oh i see Desperate Daniells has made the same observatiion! Like her was wondering if it statue barred
  8. Hi BeachySorry to hear you still getting hassle from Capital one ,How long has your dispute been going on now with Capital one? 5 years or six?
  9. HI DDI am so sorry to hear of your awful expereince with your solictors and hope you suceed in getting your complaints upheld. and you are fully compensated for their incompetence x
  10. Hi Pdaddy Sorry to hear you not well and need an operation.I hope all goes well and you feel better soon. x. Yes i am sure another account in dispute letter a good idea and then see what they do next, They willl probably play pass the parcel with your account with a few other chancers before giving up! But at least i can see you taking this a lpt more in your stride now and not letting them get to you! Great stuff!
  11. so can show my credit limit increasedd when i not requested it when i already had huge balances on other credit cards and low household income income ,Which is a criterai quoted by claims managmenet companies for iresponsible lending
  12. I have so far found two letters like this showing credit limit been iincreased automatically with out asking me by halifax
  13. If they do procced to court .I am hoping to defend on basis of irreponsible lending and point out in defence the following 1) They pressurissed me on phone when i was applying for a mortgage payment holiday to apply for their credit card and told me i had been approvd for one even though i informed them i had been turned down online for an application for a credit card sponsered by their bank recently. Also at time i had four other credit cards with large balances on it. Also had two secured loans with halifax and large overdraft with another bank on a joint bank account. (2)They kept increasing my credit limit without asking me every time i reached or nearly reached my credit limit.Also again i was servicing large balances on 4 other credit cards and also had two secured loans with Halifax including a mortgage of £------ and a second secured loan of £------ .I also had a huge overdraft of £----- on a joint------ bank account held with my husband when they increased my credit limit, (3) I also feel they had failed to take into account our household income both when they advanced me the card and also when they increased my credit limit,I am on a low ----- wage and was only earning approx £----- a year when they kept increasing my limit and when they offered me card back in 2005 my stated earnings would have been less than that,Also at time card offered and credit limits increased my husband unable to work and still is not working due to heart problem and only receivis incpacity benefit.Also I feel Credit checks would also revealed that i was servicing huge balances on other credit cards and overdrafts plus the secured loans i had with their bank! (4) I was only making minimum repayments most months ,So they could see i was struggling and getting more indebted to them So i hope the above points are valid points to make in any defence or time oder application if i loose,
  14. I have sent my letter of now pointing out that i amsurprised they sending me a pre litigation letter when thr last i head from them they were investigating th points i made mainly the fact that they did not acknowledge letter i made offering a payment plan and that they did not acknopwledr first payment i made or take it of in balance when Barmy orrible and stupid sent me a folow up lettter threatening litigation in spite of my letetr offering a payment plan to them:mad: I have also made a payment to cover the amount i promised to pay them over last 3 months now balance showing a slightly reduced amount in latest pre litigation letter! and offering another payment plan.So waiting to see what happens now!
  15. HI Pol I dont know the answer but bumping your thread as you dont seem to be getting any responce,I wonder if you will get more response if you move this thread to the debt forum or legal one ?
  16. Would people agree on this thread that i could argue this cca not easily legible as a defence?
  17. National Debtline England & Wales | Debt Advice There are some sample letters pn the debtline site. Here is a link
  18. Hi Shadowdog As i said they are very unlikely to issue a court summons! to someone in your circumstances so i shouldent worry to much ,I think they only issues a summons if you got a reasonable income or own property or have some money! Honestly they will not gain anything from taking you to court by sound of it and will only want to issue a summons if they think they going to make money on it. They are just trying to put frightners on you because they despearrte to make a few pennies out of a debt they know they have no realistic hopes of recovering!if it gets to court!and you make judge aware of your finacial situation,They would be very silly to even attmpt to issue you with a court summons!
  19. http://www.consumeractiongroup.co.uk/forum/general/201984-why-let-your-bank.html another thread this time startedby Bankfodder:)
  20. http://www.consumeractiongroup.co.uk/forum/barclays-bank/264898-need-help-reclaiming-charges.html This thread may of be some help and interest to you
  21. Hi shadowdog I must admit i never been down road iof reclaiming charges yet,All my activity has been concentreated just on fighting of DCAs I think Bankfodder is the sites expert on claiming charges as he manages and runs this site and started cag originllally to get people aware of rights on claiming charges.If you look in on some of his threads he has done a few about claiming charges and you could ask for advice on there!
  22. Hi CitB and anybody else interested in this thread, I am thinking of sending a letter along these lines ,I have included citB excellant letter but just wanted to include a proposed payment plan to give Halifax a final chance to be reasonable and to show any Judge should this proceed to liigation stage that i am willing to try and reach an agreement with Halifax,Also think it important to raise any issues i have with the cca they sent me to futrhter show there is a dispute on account and though it is signed and apparently contains all the prescribed terms on signature page it the point can be raised and defended on that cca is not very legible as i need to defend on any issue i can dredge up to try to stop them attempting to do any damage to me and my OH .so I think it important to try to get them to give me everything they have on me and my Halifax credit card account as ii notice that some caggers who received this pre litigation letter do have halifax issue court papers and need to be fully prepared in case i am one of the people the do decide to progress to litigation stage and i need to put up a good fight!
  23. Alloy21 is right! But as i said in my first post i dont think this would get anywhere near court and i am sure in your case if you stand your ground show them you not intimidated by them they will give up ! Maybe just write to them once and point out you can not afford anything and then ignore them.Though like Alloy21 said you could look into getting unfair bank charges refunded
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