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Everything posted by Wooks001

  1. Well, I've had a response to my email:- "At present, you are e-mailing us via our unauthenticated facility. This is secured, but our systems do not authenticate the user, preventing us from actioning or responding to any specific account related instructions or queries received this way." Followed by a request to contact by telephone. From reading other threads I'm fairly sure that section 25 of the Consumer Credit Act gives me the right to use email rather than the telephone, any ideas as to how should I respond please.
  2. 1) Never heard of them never mind signed a contract etc. I don't know what is happening about preventing them doing it again, as the bank spotted the fraud not me and closed the account. A quick google though showed that they have tried it on with other people as well. 2) Not yet, want to see what happens with the CC first, stressed enough as it is. 3) My thoughts exactly. Have done exactly as you say, requested contact by email. Gives me a bit of time to think and potentially seek advice before replying.
  3. Years ago when I called the boys in blue about this I was advised that they would take action after 5 calls. They were very helpful, but it was a civilian department I spoke to not a uniformed officer. When the DCA next rang I provided their details, not the details they wanted like dob. DCA didn't call again so I don't know what would have happened if I'd made a formal complaint..
  4. I don't know what a debt under seal means, can you clarify please. There is no way that I would wish to give incorrect advice, and if I can will edit the post accordingly.
  5. I've dealt with these idiots before, whatever you do at this stage do not acknowledge the letter, at the very least you have confirmed your address. Does the alleged debt mean anything to you, and if so how long ago did you last have communication in writing with the original creditor. Once the debt hasn't been acknowledged for 6 years you can put an end to it, as it's basically considered unfair to chase a debt after that period. You'll also notice that their letter say may do this, may do that etc. Chances are they have bought the debt for a few quid, and it's not worth them actuall
  6. If you are lucky then your phone will allow you to block the calls, but don't be surprised if they call you from another number. More than 5 calls is harassment contrary to section 40 (1) of the Administration of Justice Act 1970. I would suggest you email them with your call log, advise them of this and ask them to stop and only contact you in writing. I doubt very much they will acknowledge, but if the calls etc continue raise a complaint with the Financial Ombudsman. I doesn't cost you anything but Lowell will take notice. You'll have a response pretty quick, they are required to do so w
  7. Well Folks, Firstly thanks to everyone who has replied, the "fun" has begun. The ******* who tried to use my card fraudently are .................so watch out for them, don't have any further details and I don't think I'm going to get them. Have emailed the bank about the missing statements, and at the same time advised them that I can't pay. Used letter C as a template, and attached inc & exp spreadsheet. Gas & Electric arrears are horrendous, so it should be obvious that I am unable to pay. Told them I am unable to discuss the matter over the telephone and
  8. Thanks CB, I think I'll send my email and see what happens, if they respond then atleast I'll know what my actual debt is. With regard to the token payment it will take decades to even make a dint on the debt, no doubt there will be regular demands for proof of income etc. What happens if I tell them to get st**** and sue me. I don't care about my credit record, can I ask the county court to make a judgement which I can afford to comply with. My understanding is that so long as you pay on time there are no other problems.
  9. Hi CB, I'm expecting the worst so if it's better then.... Don't expect anything nice though, with a 5K debt and a disposable income of £30. Can't see how I can pay them anything. I am searching the forum for info regarding HSBC and DG solicitors, but either get huge results or none. If anyone knows of relevant topics, or the corrrect search terms, then I'd be very grateful if they could post them
  10. I'm not sure that I actually signed anything, the card was approved over the phone and I've found some paperwork to that effect. Need to do a bit more searching to find anything else. With regard to the SAR I'm tempted to send a complaint first by email to customer relations advising them that unless they supply the information I'm entitled to I'll have no option but to make a SAR request, and expect them to do it at their expense. Something along the lines that they can have no legal reason for withholding the information since it is available via a SAR request anyway.
  11. Thanks for the reply, Bank is HSBC if it makes a difference in terms of their attitude. I found another topic which gives their contact details, solicitors etc and have copied the relevant part, so I know who is likely to be contacting me. Even though I have removed the telephone number on my account, no doubt they will have it somewhere else so I'll let the answering machine take the calls first. Like you say everything needs to be in writing. I've had a look at the debt relief order and I don't like the bit about potential legal action for fraud etc. I haven't knowingly done
  12. I've had a good read and there may be something in clause 7 but I'm not too hopeful about providing proof as it was all over the phone, and my memory isn't brilliant. It is however very good info for anyone in difficulties. With regard to the bank etc, how can they help me, I can't pay and from what I've read they will be on me like a pack of wolves.
  13. Thanks for the reply, I think the default and credit record are a given considering my situation, I don't have any other debt other than the credit card and those mentioned above. With regard to gas and electric part my fault and part theirs to be honest. When I moved to my current address I'd no idea what the payments should be so I asked them for an estimate, and then didn't pay much attention to the problem to be honest (on-line billing). For about 5 years I'd been on a scheme for those on a low income and then the scheme stopped, and payments about trebbled but my DD's didn't henc
  14. In a week or so I'm going to fail to pay my minimum payment on my credit card, and I have no prospect of making future payments in full if at all. Wish I'd never agreed to the damn thing. Basically I recently ended up in major arrears with gas & electric and have had no choice but to come to an arrangement. To be honest they were quite good eventually, it will take me about 5 years to clear the arrears but payments have gone up hugely. My bank however are unlikely to be as humane, I owe them approx 5K and no doubt they will want it back. The energy supplier no doubt will not be happ
  15. I shredded the old paperwork ages ago, but most of my creditors eventually agreed that since my payments were less than the interest being applied it was just making the situation worse. Certainly once defaults were raised no interest was added to the accounts, apart from a dca called Capquest who added £5K in interest and charges. Needless to say they never got a penny.
  16. There's no mention of a mortgage in the debts listed, but if there were would the property not be lost in bancruptcy. I've never been to county court, but I would hope that they would grant you time to seek employment etc before making the order, especially if you were making regular payments to your creditors. Personally I wouldn't borrow from family or anyone else to pay banks back, especially if I had no immediate prospects of paying it back. It's just more pressure that you don't need. Just make token payments and at the same time ask them to freeze interest and charges until you
  17. I'm not an expert like some of the people on here, but years ago I was in a very similar position with 30k of debt. I suffered from depression, lost my job and had nothing but harassment from various creditors and dca's. The first thing I would do is change my phone number, and if it's a landline go ex-directory. Inconvienient I know but it stops the buggers ringing you. Second write to all of them stating that you wish all contact in writing, and that you do not give them permission to send round doorstep collectors. If one does turn up tell them to go away, they have no legal rig
  18. Like I said earlier in my posts Clarity have never written to me. All I've had is a bunch of silent calls and when someone was eventually on the end of the line, they refused to discuss the matter unless I gave them my date of birth and other personal information. Quoted data protection etc as being the reason. Told them to go away ,and then complained about harassment which stopped the calls.
  19. Well, got a reply from Clarity with the account no, Cabot is their client. Just emailed them advising that if they continue to pursue the account, or sell it on, now that they know it is statute barred, I'll go straight to the ombudsman. Have to see what happens. The ombudsman has been pretty efficient so far in my experience, and I certainly don't mind putting another dca in their place.
  20. Just emailed Clarity for details of the "client" and the alleged debt. Have to see what happens. Already had a letter from Lowells stating that the account is closed, so if they do "own" it then I can have some fun with the Ombudsman. What I'm hoping for though is an answer as to whether if the dca cannot produce a signed copy of the original credit agreement, then the account remains in dispute and cannot be sold on.
  21. The problem with Clarity is that they telephone and unless you are willing to provide personal details won't give you any information. I eventually found the email address of one of their senior partners and complained about harassment. He forwarded it to their quality & compliance manager [email protected], who has advised me that the account has been returned to their "client" and they won't contact me further. What I'd like to do is prevent the account being sold on again.
  22. Hi Folks, I have a couple of statute barred debts which have been sold on many times, and each time I think they have gone away they seem to crop up again. I read somewhere that before a dca can enforce a debt they have to provide a true copy of the original signed credit agreement, and once requested the debt is in default until they provide it. Because the debt is in default it cannot be sold on. Is there any truth to this, because if there is it could save a lot of people from hassle. The chances of them providing the original agreement are probably nil. I got rid of th
  23. Don't have any details yet but I assume DD, same tarriff, no changes until arrears cleared.
  24. Hi Folks, Thanks for your replies. Swalec have come back to me and provisionally offered to reduce payments to actual usage plus approx £3 towards arrears. This seems to be in-line with what Nottslad suggested so I have accepted the offer, and am now waiting for someone to contact me. It avoids the prepayment meter option which was a big concern for me. I've got cruciate ligament problems and can't always get to the shop. Assuming all goes well I'm then going to contact CAB about the arrears to see if they know of a Trust Fund etc. They will need to know the true position
  25. Hi, Problem was that Swalec weren't the previous supplier and I trusted their estimated consumption. It would help if suppliers shared this information. Obviously different people use different amounts, but even having one of those triangular keys foc would allow you to read the meter regularly. I've had a look at WW site and the only info for arrears relates to water arrears not gas etc, so I have emailed one of the Swalec managers asking for any Trusts that they are associated with, along with the best proposal they can offer. Once I've had a reply then I guess its ring t
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