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baldwelder

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Everything posted by baldwelder

  1. no, i do have a couple from before the default - we had just moved homes while this was all going on and i was a bit slack keeping letters etc
  2. Hi, yes just had the letters of transfer/assignment and another off lowells kindly offering the discuss the problem.
  3. Originally a northern rock card it was transfered to co-op soon after taking it out. I requested the cca from them and this is what they sent. It didn't contain the required t&c's which came on a separate bundle of papers with a header that looks like it was taken from a website screen shot so i put the account in dispute in 2009 and it has been quiet until now. It was transfered\sold to lowells at the end of 2012. What should be my course of action?
  4. Hi all, Just looking for someone to give my draft letter a once-over, cc and advice is more than welcome The loan was assigned to a dca in december 2011, the reply letters i have been pasted along with the letter offsetting and my reply letter. many thanks Dear Sir/Madam I do not agree with you `off-setting` any part of my claim to xxxxxxxx or any other third party. As I understood your offer, any monies that I owed directly to you would be deducted from my claim but as you no longer own the alleged debt and have no right to withhold monies in respect of it. If xxxxxxxx wish to pursue me for any amount they allege I owe them, that is their prerogative. The authority for my views is the case of Edlington Properties v. Fenner & Co. Ltd [2005] EWHC 2158 (QB) which affirms this position that the assignor has no right of set-off to a third party (assignee) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferred subject to it. Further information on the right of setoff can be found on the Financial Ombudsman’s site which clarifies in layman’s terms the rights of banks to take the action you indicated in your settlement: banking: firms' right of 'set off'. Accordingly, unless you reconsider and agree to repay the full amount as per your offer to me direct, you leave me no option but to commence court action against you for the full amount claimed plus costs. Yours sincerely
  5. no and neither is implementing a fair use policy that isn`t in the contract!
  6. I don`t think many people would sign up for one if they knew the consequences - that would mean reading the small print and how many of us do that and understand it? count me out of that one
  7. 3000 min in 22 days????? What on earth can you talk about for 2 1/2 hours a day? but that`s irrelevant, unlimited means unlimited and if your agent is manually adding in the clause you need to ask him for a copy of a blank contract (you will then also know whether he is as helpful as you think) for evidence in any future legal tussle. Be mindful also that if they have any of your bank card`s long numbers - they will bill you that way instead of setting a new DD. Tell the bank that you have lost the card and need a new one - The number will change to stop them. And do it as soon as possible. Good luck Bunch of spivs indeed.
  8. I took out a loan of 10k that came with ppi(i`m not sure how, if or whether i asked for it) i defaulted in march 09 after being made redundant and to this day there is a bout 3.5k outstanding. I wrote RBS/direct line after contacting the consumer credit council asking to reduce my payments to zero while i was unemployed as i hadn`t signed on because i wasn`t aware that i could, but they refused. I later sent off for my consumer credit agreement which although almost illegible show a computer printed tick selecting ppi. My question is; Would them not informing me that i had ppi when contacting them about my situation mean that i could claim? Many thanks
  9. Bankrupts are allowed up to £500 of credit to allow for thing like utility bills.
  10. You`re an agent for them(and know the system) yet it still took you a `few weeks` to sort it out, What chance has average Joe got? And what an excellent example of UW`s arrogant attitude to customers, assuming that if they claim something which you`ve not come across liars. I agree that the word `[problem]` may be mis-used but incompetent, arrogant and unconcerned about their customers wouldn`t be wrong. As an agent for them, you have a vested interest in their good reputation but good customer relations depend on well trained staff that `listen` and try to find where their problem lies and not just dismiss people`s complaints as the grumblings of cranks and liars.
  11. There`s nothing like flogging a dead horse(dog) though eh?
  12. yes they sent a reader out twice in the month after they fitted it to check if she`d bypassed it as the readings were so dissimilar. any idea what should her next move be?
  13. thanks dx i will, i`m wondering how she`ll go on regarding what she has overpaid all these years as if the meter is faulty the wouldn`t be able to use any of it`s readings to calculate the bill, ergo should she get most if not all of her money back?
  14. hi all A friend of mine(early 60`s) has for the last 7 years had problems with her electricity bills. She had a credit meter in the house she moved into and was paying her bills via a monthly direct debit. The bills kept increasing to a point where she couldn`t afford them and started `economising`to the point where she had no heating on even through the winter, wearing multiple layers of clothing, gloves, scarves and hats even in bed. Bathing consisted of standing in a bucket of water heated from the kettle. It contributed to the break-up of her relationship, has been to ashamed to have friends around as she didn`t want them to see how she was living and stopped her doing the final year of a certificate course in counselling through depression seeing no way out(stockholme syndrome)?. And STILL the bills kept increasing. She was disconnected more than once, but the last time they did she must have had a flash of her old self and wrote down the meter reading and compared it to the reading when they finally reconnected her and there was a HUGE discrepancy, which she reported.... after several more calls to them they came and took the meter away for testing. Surprise surprise, it was faulty and after 7 years of complaints and problems she was finally vindicated. Now... where does she stand? she asked them to compensate her and was asked "how much do you think you`ll get?" and was told she`d be lucky to get 50 quid. This poor woman has spent the last 7 winters(baring in mind she is in her 60`s) in 3rd world level fuel poverty, lost a relationship, suffered depression and more, because of someone elses screw up and should be adequately compensated. I have told her to send a subject access request as whenever she called they seemed to have transcripts of previous calls and therefore must have more useful information for her. Does anyone have a template that is relevent to this topic? if not what information should she ask for? bills? copies of letters? call transcripts? Any help for will be greatly appreciated
  15. but how many `muppets` have told someone to "F**ck off you stupid cow"? I think some companies are more imperfect than others.
  16. Thanks for the reply, debt is overdraft about 4k originally but ramping up to nearer 5 with charges at about £28 a letter. The scan didn`t seem to say much so i didn`t think it worth posting but then what do i know
  17. Hi, i have just received a default notice from halifax dated 24th aug. I sent them a cca request on 21 july and account in dispute letter on 3rd aug BOTH letters ignored and BOTH containing my new address yet they insist on writing to my old address, i didn`t send them recorded but i know the received both as cca postal order was cashed and the default letter i hand delivered. I`m going to send another letter by recorded delivery with my new address in as i wont be able to collect anymore mail from the old one, see if that changes anything? So they`ve ignored the cca and the account in dispute letter, What should be my course of action now?
  18. mmm thumbnail size try this http://i634.photobucket.com/albums/uu69/baldrick/letters/dlloanagg.jpg http://i634.photobucket.com/albums/uu69/baldrick/letters/dlloanletter.jpg
  19. Hi i was made redundant in april and have gotten in to a bit of a financial mess. i`ve been taking in what i can since march and tried to sort things out through CCCS, sending begging letters(i should have known they don`t have a better nature to appeal to), income and outgoings statements and token payment offers. The only one to reply rejected the offer. so i sent cca requests off. Halifax didn`t bother to reply. moorcroft said ask the oc for it and meantime they`ll do nothing. Co-op/northern rock card sent a dubious agreement and directline sent these but have now passed it to a dca(inhouse i think) My question is can i reclaim the payments on the unused ppi? I wasn`t aware i had ppi, i don`t see how i asked for it(online maybe?), i didn`t need it at the time, good sick ben, redundancy cover etc. your help would be appreciated. Baldy
  20. If it ever gets that far... i`m unemployed(temporarily i hope) owe about 19k to 4 creditors and about 35k on my mortgage(fully paid) with about 50k equity. If 1 of them was to chase me for bankruptcy, could they force the sale of my house?
  21. Wow that was quick, cheers guys. i`ll start a new trhread but the one with ppi, i didn`t realise until i got the cca back off them, debt was about 3 years old and it was done online so i don`t really remember how i got it, i was salaried with good sick ben and death in service payment so i`ve no idea why i would have taken it out. Baldy
  22. Hi all. I`ve been mooching around on here for a while taking in what i can. Breifly, i was made redundant in april and defaulted on 4 unsecured accounts, my mortgage is fully paid, up to date and will hopefully stay that way. I have sent ccas off to all my creditors, 1 seems ok but there`s ppi i may be able to reclaim, 1 sent a `we`ll try to get it off the lender and acc is on hold, 1 (co-op) replied twice with original northern rock card application form a 2 different t&c`s and 1 hasn`t replied. I`m at the `what now` stage. Would i be better off starting separate threads for each? Cheers Baldy
  23. I read somewhere on here that if there`s no signature, any authorised person can sign it today to make it valid. Slap me if i`m wrong
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