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Everything posted by willow1261

  1. Hi, I am in the position of having cast iron proof that our second charge lender has committed the criminal charge of false accounting on our loan application. They have increased both our salaries by entering the gross salary amounts as net amounts of both of us, and then taken hardly any outgoings of the inflated amounts apart from their loan payment, a buffer payment, and a 1st mortgage payment. This has served to increase our monthly income by over £1000 making the loan look affordable on paper, and resulted in them paying a secret commission to the broker that brokered the d
  2. no probs thx would it be best to put this in legal as more people might see it? willow x
  3. hi , an update on the situation as it stands, would appreciate any advice that anyone can give. FP pulled out of the repossession court case and we have not paid and they have not contacted us for approx 3 years. We sent them a letter before action last year which apart from generic responses they ignored we resent one this year which they ignored again. In desperation we filed a claim for our total payments to be returned and an amount which we had rebuilt upon credit cards under the mis rep act 1967 and cca unfair contracts section 140 a etc. We have e
  4. no i havnt as yet. they have changed solicitors, and i have received notification that they have transferred the case into their name at the court. So far the case has been suspended generally on First PLus wishes. They do not seem to want their paperwork in court, to the point of withdrawing from the court case and ignoring cpr requests within that court case. I do not see why they have changed solicitors and we will not change our paperwork or our requests. we also have their paperwork, so they can not issue new documents more favourable to them without us noticing!! does any one
  5. hi dadofholly, No, they have not falsified any details except on their original paperwork. That is why i suspect they do not want to go into court, as i have that paperwork from our SAR. They just wont respond to our CPR request for all the rest of the information they should have on us which wasnt sent in the SAR ie telephone calls, underwriters sheet etc. We have sent a cpr letter while the court action was going on, and refered to them in the defence. As they have adjourned the case generally i guess they think they will not provide them. i have been requesting the telephone
  6. Hi, update on this is that First PLus seem to have pulled out of the repossession claim after sight of our defence. They and their solicitors have also not responded to the cpr requests that we sent seperately. Eversheds in their letter to us have asked for a general adjournment with the liberty to restore if they feel like it. Eversheds have also said that our account has been passed onto another solicitor, so it looks like they are not dealing with us anymore. does anyone know why or what we need to do now? First Plus clearly do not want their paperwork in court. they have
  7. Hi Fretful, do you know if the unfair contacts legislation can be used for First Plus. i have been researching and have found that it seems that if a company is FSA regulated then the legislation can not be used. FP is regulated by them but only for general insurance purposes. All the main banks etc are fully covered by the FSA. Will this make a difference? If anyone else has an opinion i would be grateful as well. thx willow x
  8. Hi, i wonder i someone can help me? i am currently fighting FP in court as they are trying to repossess my house. i have filed a basic defence in court under the fraud act, at which the judge nearly choked on his coffee! He has asked for a more partiularised defence to be sent to him explaining all details. i have also used the unfair contract part of the CCA act, section 140a as part of the defence. i have researched this and believe i am legally entitled to, but their legal representive said the loan was not covered by the CCA 1974 act and i couldnt use it. The loan
  9. i have a free half hour consultation with a solicitor who deals exclusively with employment law on friday. i will have more info then and relay it back. it might also be useful for someone else. willow x
  10. Hi HB I am waiting for a telephone call from a lawyer who specialises in employment law to call me back. I need to make sure I have a water tight case before i start any proceedings!!!! willow x
  11. Have been onto ACAS today and they have advised me that if other part timers were having appraisals every year ( which they were) then i have been discriminated against as they have not done the same for me. Also there are possibly Data protection issues as well as they have updated my file adversley and used the infomation against me without my knowledge. You can be called at home by work if you are off sick unless you are off with stress, but you should be spoken to in an appropiate manner. Its looking like i might have a case. Willow x
  12. Hi Honey Bee, Thx for that. My fall was put straight into the accident book. i have also put in a legal claim for compensation. Fairly sure that some of this is some kind of payback. Hard to prove though. There should be no long lasting complications from the accident. company terms and conditions are now all online. So I will have to do some research in a bit! Not filed grevience as yet, just through it into the conversation! Willow x
  13. Hi, I have a problem at work which if anyone has any tips to give me i would be grateful. I recently applied for an internal position in a new store which i didnt get. A week ago i had an operation which relates to an accident at work that i had earlier on in the year. I only found out i was not offered the position after i hassled management for three weeks for an answer. Everyone else who applied was told within three days! I have worked for this company a major high street fashion retailer for over 6 years and have never been given an appraisal and i thought i had an unblem
  14. Hi all, thanks for your replies. the £100 was for my husband and the letter was sent on his behalf. I nearly lost my marriage over their conduct as he was unaware of my credit card bill. But apart from that I didnt lose anything else. It was a very stressful time and I did everything I could to put it right but MBNA are the worst people in my experience to deal with. No other creditor was as bad as them. And the companies that treated me propperly have now all been paid back. I just hate them with a passion!! I was thinking of filing a sneaky court claim on li
  15. Hi, A while ago I had problems with MBNA. They had no contact number for me but my OH also had an account with them. This account was dormant and although a CC card account it had a balance of £100 in credit. They trawled through his account and found his mobile number which they started to ring and try to bully him into giving them my details. He received two phone calls and the latter was a woman who was very rude and aggresive to him and gave away personal details to him about my account. He sent in a detailed letter of complaint as he kept a log of calls and what was said an
  16. Hi Blue Boo, I have one their infamous letter of assignements supposedly from original creditor ,but with lowells data matrix on and sequence number printing on bottom of both letters ( one from lowells also) proving that the same printer printed both letters. Both came in the same envelope as well!! I will do the same as you did Angry Cat in my next letter of complaint. I have them on so many things, that i dont believe that it is going anywhere. I am just sick and tired of the strokes these companies pull and the amount of my time it takes in writing letters back to these idiots. I w
  17. I have received a letter from lowells recently regarding an account in dispute with another DCA. Lowells have brought this account and i have advised them with the bemused letter that it is in dispute and to return it to last DCA but they have ignored this. They have now advised me that they have requested a copy of my CCA from the original creditor on my behalf. They go on to say that although they have not received my authorisation to do this, they have done it anyhow!! I have this in writing!! As they are purely a third party who I have never had any dealings with, there has to be
  18. Hi Sleeping Dog, Good luck to you ,I really hope you win and do them for wasted costs as well!!! They seem to be taking this to the wire with my friend. I hope she can put up a good fight in court. I wont be able to go as I dont live near her. On paper they dont have a chance, but the judge allocated to her case is a top child abuse judge, which means that he probably doesnt have a good knowledge of Consumer Credit Law!!! All it takes is one swarmy solicitor muddying the clear waters!! willow x
  19. WOW!! Check you out, I am so impressed FB. Have a party on them, i would!!! Seriously though referring to your comment about them just using the process to make themselves money. There are people out there who are jumping of bridges or slitting wrists, because of the pressure these bar stewards are putting them under. All for the sake of a quick buck! Its outrageous behaviour. So much for the British Legal System. Its as corrupt as everything else in this country!! Rant over! Thx for replies. Willow xx
  20. Hi, I am helping a friend who has 4 different credit cards with MBNA . She is being persued through the courts by Restons. She has sent in her defences. And now has been advised that they have been transferred to her local court for October hearing. We have given court directions that they must produce originals of the CCA agreement, which they dont have, and default notice, again which they dont have. They have produced statements which they say are hers, but they are computer style without even her name or account number on them on blank paper. In their AQ they are saying
  21. Hi Angel, Glad you are back and fighting. Do what Trudy B says. Acknowledge online and send CPR letter to D and G sols. They are playing silly buggers at the moment and are sending letters back asking for signatures if letters are unsigned. Its a delaying tactic, which you dont really need at this stage, so I would sign your name differently on debt letters, so you can identify your DEBT signature!! Currently beating MBNA/ RESTONS through the courts at the moment. for a friend. She has 4 accounts going through the process at the moment. I swear Restons didnt read any of her de
  22. well done Suzi, Summerbreeze is right. You are obviously very brave, and a lot more resilliant than you realise. I hope you are really proud of yourself, I would be if I had your guts.!! Well done again for standing up for yourself. will watch tonight with interest. Willow XX
  23. I think the best plan of action is to hold tight for now and see if we hear back from Restons. Maybe they have passed the accounts back to MBNA as they knew they had no chance to win! It just throws me that they have come back with new credit card numbers set out in normal statement form. One of the minium payments on one account is over £900.!! As far as we are concerned this is still ongoing through the court system. She sent them the harrasment letter a few months ago and that did the trick after a week or so after it was sent, now she is getting lots of withheld calls again
  24. Already joined miss muppet, i consider it my duty to help anyone with problems with MBNA!! They were vile to me over a period of about 6 months. In the end they sold my account to equidebt which was so much easier than this senario. I CCa'd them over 18 months ago and still waiting!!! willow X:lol:
  25. Hi everyone. I have been helping my friend to fight MBNA for the last few months now. She has 4 credit cards with them dating from 1999 onwards. They sent all 4 accounts to Restons who filed in court against her even though they were in dispute at the time. She got 3 application forms back from her CCA letter and one they advised they couldnt find. They also sent her made up default letters on blank paper ( no letter heads). I put together a defence for her for each account and she sent them back to court. At the beginning of June the court wrote to her confirming receipt of def
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