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pyoung7453

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Everything posted by pyoung7453

  1. Hi all and thanks for the letter Lollipop. I am now having to amend everything in my letter as I have just received a default notice from Egg. This account is defiantly in dispute as I have questions outstanding from letters sent and also they have to get my 'Subject Access' things to me. These institutions are just so arrogant! Here is a good one for you all, nothing to do with Egg but Lloyd's instead. Today I received a default notice from Lloyd's on my personal loan. It says that if I do not pay them £0.00 by 9th June they are taking it further. They have been dipping into my authorised overdraft limit for payments after I cancelled my DD when started to sign-on. The stance I am takin on this is that you cannot physically pay 'nothing' to annyone, it is impossible! and therefore I will not be able to meet their deadline, as they have actually 'contrived' to compromise my agreement as I have not piad on time, once! A complaint to the ombudsman and FSA will be in the post..lol. Cant wait to see what happens with both of these next. I have nothing to loose so will go for them as hard as I can.
  2. Thanks cas93, I have included this in all correspondence from day-1. I have a bit of knowledge about 'identity theft' and keep stating this in my communication's i.e. i will not discuss on phone due to high risks of id-theft, this being my right. A copy of the letter sent: 28th May 2009 Sent by registered post Dear Sir. Account number xxxxxxxxxxx - IN DISPUTE I write with reference to the above account, which I now consider to be formally in dispute for the following two reasons. 1. Credit Agreement You have provided me with a copy of a “Credit Agreement regulated by the Consumer Credit Act 1974”. No “Credit Limit” has been stated – this is a prescribed term set out in the Consumer Credit (Agreements) Regulations 1983, as required by section 61(1) of the Consumer Credit Act 1974. As the agreement has been improperly executed, it is only enforceable by an order of the court, by virtue of section 65. However, since it does not explicitly state the term “credit limit” (rather, it mentions only an "Approved Limit” and indeed does not sate any ‘credit limit’ set by you, or any limit that I might have chosen from the outset of any agreement, or indeed the mechanism that would be used to set any such limit at the time or in the future), as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of section 127(3). Unfortunately this information has only come to my attention since receiving a copy of this document from yourselves and the recent issues that I have had, otherwise I would have brought this to your attention earlier. 2. Payment Protection Insurance You are already aware of my issues in regard to your Payment Protection Insurance as stated in my letters dated 26/4/2009, 3/5/2009, 8/5/2009 and 9/5/2009. I note that I am still awaiting a response on my last letter dated 8/5/2009 addressed to ‘customer relations’. I still deem this issue to be unresolved and therefore still to be in dispute. I also note that the agreement copy that you sent to me has the word ‘APPROVED’ in large letters stamped across a section on ‘payment protection’ that makes this section somewhat illegible. As I result of the above 2 points I consider this account to be in dispute. Future conduct I trust you will be in a position to remove any adverse notices that has been registered by yourselves with any credit reference agencies prior to this letter, as required by the Data Protection Act 1984. Furthermore, please be aware I will still only respond to written contact. You remain under notice that I will not discuss personal or confidential matters over the phone under any circumstances whatsoever due to the ongoing risks attached to ‘identity theft’. I trust you are aware of the limitations placed upon you now that the account has been formally disputed. I particularly draw your attention to the legal requirement that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a valid and enforceable credit agreement and the payment protection insurance complaint are both very clear disputes and therefore the following applies: • You must not demand any payment on this account, nor am I obliged to offer any payment to you at this time. • You must not add any further interest or charges to this account. • You must not pass this account to any third party. • You must not issue a default notice on this account. • You must not register any information in respect of this account with any of the credit reference agencies. To register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute. I note that you are a subscriber to this Code and as such will honour your obligation to it. Any actions taken by Egg to collect the alleged debt whilst it is under dispute will be vigorously defended. I am also aware of the law regarding harassment of creditors under these circumstances and will use UK law to defend myself. I look forward to receiving your reply within the next 14 days (12+2). Yours faithfully ----------- I bet they will default me and if so I will unleash solicitors on them, if I can get the funding.
  3. Hi all, New to this site but in dispute with Egg. Had a copy of my agreement and same as lollipop's i.e. took out in 2001 and the wording around credit limit is vague. I have sent of my Access request with £10, they have cashed it so lets see what comes back. After reading this I will be sending a letter via registered mail in the next few days putting the account into dispute. This all started because I am unemployed and my St Andrews payment protection has not kicked in (they found a loophole in the T&C's). I am so close the edge I am nearly bankrupt so I do not give a fig what they do to me, indeed I may get free legal advice...lol Oh..I was also terminated in 07 whilst being a good payer and not in arrears. I am still not sure what this really means through, or how I could use this against them...any ideas? I will keep you all in the loop on this also. I really do hate Egg, they are worse than Dick Turpin!
  4. Thanks for your help. Just out of interest, how long do things stay on your credit file for. I always though it was 6 years, but is this 6 years from the satisfied date or last updated date?
  5. Hi the date was 22/4/2003. Thanks for your help by the way. So on the 23/4/2009 I just tell the credit file people to remove the entry?
  6. The problem is, that as there is no account end date on the credit file listing, they keep updating it each month as a defaulted i.e. as though I still have a running account with them, even though I do not.
  7. Hi, I have just checked 3 credit reference agencies; Experion, Equifax and Callcredit. All OK except Callcredit who have a default listed on me from 2003 by o2 for £1045 and is not 'satisfied'. The address given is a very old one where I left in 2003 due to divorce. A few things; 1. I cant ever remember having a o2 account and have asked for a copy of the agreement. 2. I have never been chased for this defaulted money so was not aware of it until I tried to get credit (seems this is used less but I got caught at the bank with this one). 3. Where do I go from here and how best do I tackle o2 to get this removed. Any ideas? Thanks
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