Hi All,

Thank you for your replies. But it looks as though we are saddled with paying:|

I'll let you know if I send a letter to the CEO of Royal Mail. If enough complain, someone MIGHT do something about it

Thanks again

uktigger

Hi CAGer's,

We have come to a decision to sell our 2nd car which we no longer need. We have come to cancel our car insurance with the Post Office, who insist we have to pay 80% of the outstanding balance. They say that otherwise it is "short term" insurance.

Looking at the T&C's it is in black and white and admittedly we should have read this closer, but this is something that we didn't even realise we should check for. In all other cases we have cancelled insurance and received a refund.

Even if you no longer have your car is this actually enforcable? Surely this is madness!?!?!

Any advise please?

Thanks

uktigger

Phew..... thank you

UK Tig

Please can anyone help. My partner is filing for personal bankruptcy. I would like to know if any of my savings/assetts/future monies could be taken by the Court to cover any of his debts. I've looked on the internet and I believe the answer to be no, but I need to check!!! We are not married, we live in the same house, have seperate bank accounts and my name does not appear on any of his debts. Thank you fellow cagers

U K Tigger

Hi all,

Well without any sign of an agreement or anything, a letter arrived today stating the arrears due on the account and guess what, they've added an extra charge of £1,500!!! This in effect doubles the arrears?!?!?! There is no logical explanantion or reason for the charge other than the account is in arrears.

Surely they can't do this...on top of ignoring a CCA and CPR 31.14 and issuing court papers after receiving the requests.

Any advice on how I should respond to the "added charge" please?

Thank you

UK Tigger

Thank you people. I have put the fact that there were 2 requests for the agreement into the section that asks for documents i require the other side to produce. I also backed this up with copies of the letters sent to BH.

Should I write to the BH solicitors pointing out their lack, or just wait for it to pass thru the Fast Track?

Thanks

Tigger

Hello all,

Right! So Black Horse have ignored both the initial CCA and the CPR 31.14. In the process they issued court proceedings (after they had received my request) which I returned to the Northampton Bulk Centre proposing defence. I have now received a Small Claims Allocation questionnaire which I am completing and returning.

But...should I pursue Black Horse / their solicitors regarding the ignored CP.31.14 request? If so how please?

Thank you in advance

Tigger

Hello all,

Right! So Black Horse have ignored both the initial CCA and the CPR 31.14. In the process they issued court proceedings which I returned to the Northampton Bulk Centre proposing defence. I have now received a Small Claims Allocation questionnaire which I am completing and returning.

But...should I pursue Black Horse / their solicitors regarding the ignored CP.31.14 request? If so how please?

Thank you in advance

Tigger

Bumping up... all help very welcome

Tigger

Hi Tigger,

Here's a link for the OFT website The Office of Fair Trading: Contact us

and here's a link to a thread which has recently been discussing the OFT

Commons debate on debt collection

If you could give a few more details about what has happened we can help you word your complaint letter.

The most urgent matter to deal with however is the issuing of court papers.

Could you give full details asap of what has been issued, when you received it and what if anything you've done so far about it.

Hi Padma and Harrassed Senior,

Thank you for your links and advice. I have sub'd to Court claim from Lloyds TSB - Advice needed please which is looking quite similar.

Todate I have submitted the defence to the Northampton Bulk Centre and the court referred it back to the bank to take it further or let it drop. So I have got the extension and waiting for the next communication from them.

No I have not confirmed the date they received the CCA request, however it was sent by recorded delivery. There are a couple of options that are possible for me:

1. To send an 'account in dispute' letter

2. To make a CPR 31.16 request for the original agreement

3. Wait for their next step

3. Or.....? (suggestions please)

But it still remains to report their action to the OFT and I would welcome help to format the letter.

Thanks again

Tigger

Bumping up....can someone point me in trhe right direction pls?

Thanks

Tigger

It's quite amusing to just ignore the calls, don't answer the phone and (if you have 1571 or an answer m/c) eventually the messages left get quite desperate. When you're in the position of a good chance of an unenforceable agreement, sit back and have a laugh at the tactics used.

Just take it slowly step-by-step

Use the force, grasshopper

Tigger

Hi,

Can someone point me at any threads/templates etc for reporting issues to the OFT. Specificall I want to report a bank for ignoring a CAA request and issuing court papers.

Thanks

Tigger

All that I have received is a letter dated 15/10/2008 from 1st credit, introducing themselves (hmm), and telling me that SkyCard had assigned the full outstanding balance due under the agreementto 1st Credit

Followed by the statutory demand as described above in post #11 from Connaught Collections stating that the original creditor is SkyCard, the assignee is 1st Credit.

Hmmm... confusing?

Can you expand on why I need to be sending the statutory demand to the OFT and what should I say to them please? Thank you

 

This is of course a pre-court action 'action' therefore quite a biggie which although you're not obviously obliged to, I would say you have to be 99.99% prepared to take it to court if the creditor messes about [which is likely].

Hi SkemDosser,

Thanks for the reply. Well this is a CapOne affair and they haven't been able to provide me with any sort of valid agreement, and they have even sent me letter stating that they do not considerthe account to be in dispute, there is no more documentation and they will acknowledge but not enter into any further correspondence.

So I think I have the 99.99% confidence of the uneforceability of this debt. So this is the next step down the line to disclosure.

Tigger

Hi all,

Fantastic reading material and lernt a lot from this thread.

I have read the first 5 or six pages of this, and looks as though the initial letter as proposed by PT in post #3 still holds good. Can I just confirm that this is the case before I send one off and it hasn't been altered significantly please?

The letter also refers to "...if you fail to comply....I will be left with no option but to make an application to XXXX County Court...."

A simple question please... is "XXXX" my local County Court?

Thanks

Tigger

Subbing....

Did you get any notices of assignment at all ?

By notices of assignment, does that mean a notice that the debt was being transferred to a DCA?

Tigger

Did you receive a default notice ?

Is a "Statutory demand under section 268(1)(a) of the insolvency act 1986. Debt for liquidated sum payable immediately" a default notice. It was sent by Connaught Collections on 21/1/09 and made to look very official

Other than that I cannot trace any default notices of any kind.

Thank you

Tigger

In that case they report them to the OFT

A brief potted history of this includes:

• I was served with court papers after I had CCA'd Black Horse
  
• The date on the court papers and a letter asking for the balance of this account were the same.
  
• Any default notice received was for arrears only and not the full amount.
  
• I have notified the court that I intend to defend the claim on grounds of incomplete claim details, and this has been accepted by the court and handed back to Black Horse.
  

The advice has been to report Black Horse to the OFT, therefore would someone be so kind as to point me at the appropriate template(s) and/or threads to do this please?

Many Thanks

UK Tigger

Hi all,

Having read the post by 42man (thank you) I have a question about "the prescribed terms": there is no specific amount of credit on the agreement, however there is a paragraph under "Amount of Credit" that states

"We will tell you your credit limit when you first recive your SkyCard"

Is this an enforceable condition?

Also, in the light that this looks an enforceable agreement, what should my next move be please?

Thank you

UK Tigger

Subbing....

kb_ba1 just read through your thread and I have encountered very much the same as you. Through this wonderful forum I have learnt not to be bullied by these people, especially when I have learnt that they have no right to do what they do.

It has changed my viewpoint on everything, just follow the advice on here and we'll all learn together. What's the worst that can happen... the truth is not much!

Keep the faith

UK Tigger

Hi All,

Could I ask for clarifiction on something I am confused about please:

If CapOne has written to me, as they have done, stating that there is no more documentation, why is his not enough to default the account and have an unenforceable agreement?

Thank you

UK Tigger

Similar agreement thread:

http://www.consumeractiongroup.co.uk/forum/mbna/193517-iftl-mbna.html

 

AC

Thanks for everyone's input

Ooooo the documents in this one IFTL v MBNA look VERY similar to mine

The only default received from MBNA is this one received back in March 2008 for arrears, not the full amount.

So is this another thing to throw back at Link?

UK Tigger

I'd say unenforceable as the percribed terms are missing from the signatue document. Also there is nothing to link the first and second pages together to make them part of the same document.

 

They may try the old one of, The t&C's were on the back. But they would have to be able to prove it. Also it says, "application form" at the top.

 

What date was the application form signed? Also are there any date codes o the T&C's and how much are the late payment fees listed in the T&C's

 

This might show up that the T&C's are from a different year than the application form is. Also differences in interest rates between the two pages might reveal it.

 

Also if the terms are mostly illegible, then that on it's own can render an agreemet as unenforceable.

The application form was signed in 2000.

The only possible date code on the t&c is at the bottom:

"LA-5596-2.9/12.9-07.00C-N"

There are no interest rates on the first page, so does this prove it is an application form.

It really is a struggle to read the T&C's and by 3/4 of the way down they really become illegible... think I can claim for wear and tear on my eyesight

If this is the case, do I send the account in dispute letter to LINK Financial?

Thanks again

UK Tigger