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Jaffa1961

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  1. Sorry it's upside down.... to give you some background. Since receiving this correspondence, ICO have told the organisation they must reply 'promptly', they have promised to send the SAR to me on more than one occasion but have done nothing. Last week on the advice of the ICO I sent a 'letter before action', giving them 7 days to contact me prior to applying to the County Coutr for a judgement/damages/distress. This deadline has now passed and I'm trying to progress it further without going to a solicitor. I'm grateful for any help.
  2. Thx Bank fodder, I am trying to upload the correspondence now.
  3. Can anybody help.... at my wits end with this. I have been requesting my Subject Access Request from an organisation since last October, despite paying the fee, providing ID and numerous promises to send it to me, I've had nothing. I've complained to the ICO who have told the organisation they must comply promptly (two months ago...still nothing). The ICO have advised me to take this to the county court to get court order and possibly damages. I've been to my local County Court yesterday but they do not know what form I need. The ICO will not advise which form, they have a booklet on their site, which they admit is out of date. Even though I've told them I don't need advice on the claim just the bliddy form number, they can't/won't advise. I'm desperate to avoid going to a solicitor and incurring costs for what should be a relatively simple action.
  4. Hi Lea Thx for the reply. The original loan was for £40,000. I have been paying for eight years at £513.71 per month, so £49,316.16. The loan is being handled by Restons who are extremely agressive. I tried to agree an f &f with them two years ago but as it is a secured loan they were not interested. At present I DO owe the March payment of £513.71, which I have held back as I didn't want to pay that on top of any agreed settlement. I have not had any breakdown of charges nor any Default Notices from Restons. To be truthful I am not sure if they need to provide these. I am very scared as I don't want a suspended possession order and have read horror stories on here about judges ordering repossession. However I am not a risk at all as I have never been more than two weeks late with a payment and have absolutely no arrears. Would it be worth paying them off and fighting the charges later?
  5. Hi Any help gratefully received. I entered into a loan with HFC ten years ago. I made payments fine until I lost my job. Eventually I got work and paid the arrears but in the meantime HFC referred the case to Restons. I have been paying them for a year and a half. I admit that I sometimes paid them late, payments were meant to be made by the 1st of the month but always paid religously every month. Due to ill health my payment in January was made on the 16th of the month. I was shocked to receive a possession notice and the hearing is scheduled for next week. I have made numerous calls to Restons to query this but they say it is in my contract, I have not adhered to the payment terms. I have asked for the amount to settle. On the court papers they say £10554 (I have paid £517 since they were issued) I have just had a call from them and they say i owe £11023.57, which includes their costs. They say if I go to court the costs will go up. I don't know what to do, I don't want my house repossessed. I have scraped together £10000 which I thought I would owe. Will the judge have mercy on me or is it best to pay them off. I am angry with myself but these charges seem extortionate. On the court papers they say costs £0.00. Can anyone advise?
  6. I contacted the CCCS yesterday after months of trying to juggle my finances after \i was sacked. Because I thought I would be re-instated I was reluctant to do anything as I hoped to get back to normal. I am now taking my ex employer to court for unfair dismissal which is really stressful. Anyway I digress I have today reeived a summons from Santander cards for repayment of £5194. Should I contat the court and admit to the debt or should \i get in touch with Santander. I am waiting for a debt cousellor to call. Should I ring my other creditors and give them the CCCS number?
  7. I have a secured loan and overdraft with Barclays Bank. This was for working capital for a business. The business is no longer trading, Barclays have been very patient as I have been trying to sell the house to pay off the outstanding, approx £62500. I have not been able to sell the house, even reduced the price drastically. My uncle says he can loan me the money to pay the bank off. He has about £50k he can lend. Do you think the bank would accept this is F & F? How shiuld I go about requesting this. Any help gratefully received.
  8. Thx all, I have advised her to write to all her creditors now. She realises her credit file will be trashed in the interim.
  9. Hi all, can you advise my sister has had the following reply from Nat West re request for info under section 77, "we regret to advise that the loan agreement has been misfiled and despite searching our records we have been unable to locate it. OUr record of the setting up of the loan has insufficient detail to enable us to recreate the agreement with the required degreee of certainty this course of action requires. In the circumstances we appreciate that under section 77(4) of the CCA if you decide not to meet your obligations under the loan as they fall due we will be unable to take steps to enforce the repayment of the loan. However we consider that you should continue to meet your obligations under the agreement bearing in mind the agreement isn't void, it remains valid and your continuing default will e reorted to the credit reference agencies. Section 77(4) only orevents us from pursuing recovery of the debt through the courts" What I need to know is, does this mean she does not have to pay? And what is the time limit?
  10. Hi, Please help anyone who has been in the same situation as me. I have requested CCA's from two companies to start with. As I am not prepared to put my signature on the letter my requests have been denied. I have sent the template on here, explaining my signature not required but this has fallen on deaf ears. I have writted to the Information commissioners office to ask them to put in writing their position on signtures. Todate I have had no reply. My question, can I put these accounts into default and/or how can I make them comply???
  11. Thx, will try this one, and report back in due course. Can I out the account into default, as they the statutory time for reply has expired.
  12. Thx all, will do, sorry late reply, had phone cut off!!!!!
  13. Hi all I want to complain to trading standards, as two coy's, GE MONEY & M & S MORE MONEY, have both refused to comply with my CCA request, they are demanding a signature on the letter which for obvious reasons, I refuse to supply. I have been advised to complain to trading standards as believe they are deliberately using ths to stall providing inormation which I know they don't have. I have been on their website and are a bit of a loss to know if it is local trading standards I complain to? Can anyone advise. Thx.
  14. Thx Davey for the advice. I will et on to that, have had same sort of reply from M & S Money, so will be doing the same to them too.
  15. Update on GE Money Sent second letter to GE saying that not providing a signature, did not negate them of their obligation to provide a copy of my CCA. I added a digital signature and explained that they quite clearly new who I was as they have been sending statements to me etc. They have once again returned my postal order with a letter saying that until I provide a signed letter they will not correspond with me further. What to do now? Can I put the account into default?
  16. I have been worried that it will reflect on my own personal credit rating if I don't pay the company's debts. I am not sure I understand the process of Insolvency. I have researched on the internet and think I need to employ an insolvency practioner, which costs money, about £9000, which I don't have. Should I just wait for someone to take me (ie the company) to court then? I have solicitors writing to me and I don't know what to do. I feel embarrased to ask for help, I feel I have failed somehow.
  17. Hi All I hope someone can help me that may have had a similar experience to me. I recently sold the assets and goodwill of my company and effectively am no longer able to trade. I have paid off as many of my creditors as possible but my money has more or less run out. I have written to some companies offering a smaller, approx 50% of the debt (I have leases on photocopier, franking machines etc that run for a few more years). Not to mention numerous other creditors. The response so far is that they will not accept less until I can provide evidence that the coy is in problems. I am assuming they mean an Insolvency Practioner, I am trying to avoid this route, due to cost! I also have a bank overdraft on coy, of £15k and bank loan £57K (I have asked bank for capital repayment holiday, whilst I try to sort myself out). The loan and overdraft are secured. I am trying to remortgage to pay the creditors back, inluding the secured loan. I do, or did pre credit crunch have the available equity to do this. I am finding remortgaging difficult at present, as banks seem to only want triple A clients. I do not have any CCJ's or defaults at present so hopefully this avenue is not a dead end. I am getting scared tho as I am now getting letters threatening court action. I need to keep my credit score to get a new mortgage. I am barely keeping my head above water (I have started CCA's process for my own personal credit card debt) but am at a lost to know how to proceed for LTD coy. Can anyone recommend any letter templates or process I can use to stave off my creditors until I can remortgage? Please help, feeling desperate.
  18. Just to update, received a letter this afternoon to say fill in and sign the attached form(nothing enclosed). I will write to them with a digital signature, I don't trust them at all! As they have my £1.00 already, can I tell them that I disputing the account or do I have to give them another chance to send? I think this is stalling as I never applied for a credit card from them.
  19. Hi I sent a CCA request on 27th Jan(recorded delivery) and no response of any kind. Am I correct in thinking that I can now notify them that the sccount is in dispute? Want to know the next best step?
  20. Davey, Thx you are a genius! I now have a digital signature and yes I've been getting regular statements, they are just trying it on IMHO.
  21. Hi, Can anyone help? I sent a CCA request to GE Money for a Debenhams store card. They have returned my postal order because I didn't sign the letter, as per the advice here. Am loath to sign incase they get 'creative'.... What should I do now?
  22. Hi H09, From what I have read, I think you will need to request your charges to be repaid, all historic charges and compound interest. I think then if nothing is forthcoming, you issue a small claims court action against HSBC. Cases are stayed presently but once the matter is resolved in court (hopefully in the consumer's favour) FD will have no option but to rpey the unfair charges. As regards your credit card agreement, if you can scan and post(start a new thread in CCA's), someone will be along to advise you. Goodluck Incidentally I reserved taking on FD and am doing my cards first as I worried they may withdraw facilities!
  23. Just discovered this thread and whiled away the morning reading it. Good luck and another £10 for the fund
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