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Everything posted by meerkatsmimm

  1. hi, if your mother is simply swapping it for a new model then there is no need for a refund, just a straight swap. a refund is a different situation and i'm not sure on your rights - hope you have things sorted my now xx
  2. hi, i hope you have got things sorted - but if they don't have that item in stock to replace then they should offer you an equivalent model that they do - unless you are insisting on that particular model xx
  3. Tingy, OP stated he was in rented accomodation in his first post xx
  4. we were given gift vouchers to buy the washer dryer and it was my other half who actually made the purchase instore for home delivery so surely this means the retailer does dela with us....
  5. hi, cab and cccs are great points of contact. take a breath, sit down and write down all your debts and then your income. the first thing to do is prioritise your debts - rent,gas,electricity,water,council tax,food are all essentials tv,car,non secured loads are not its a scary prospect to see how much you are spending out against how much you have coming in but you NEED to see that in black and white from there contact you council to set up a repayment on the arrears that you can afford, and likewise the utilities. i'm not sure where you go with regards the elcetricity owed by previous tenants but make sure you are paying your own arrears, even a payment of £5 a months show willing. i'm not an expert, just someone who has had experience of overwhelming debts....take a look at my story... http://www.consumeractiongroup.co.uk/forum/showthread.php?296861-For-everyone-who-feels-like-giving-up-Please-read-this-and-take-heart-x&p=3320978&highlight=#post3320978 don't despair, it is only money and your health is a lot more important. i suffer terribly from depression and know that its so hard to believe there is light at the end of the tunnel so to speak. please feel free to ask or just post up how you are feeling - its good to get things off your chest. meerkat xxx
  6. hi, don't be worrying. it'll all get sorted. you can pay it back through the proceeds of the sale of the house or alternatively set up a repayment option with the dwp whereby they take a certain amount from your mothers pension/other benefits each week to cover it. speak to the dwp to ask them what your options are. it was a genuine mistake and as long as you are howing willing to repay things will no doubt be ok... xxx
  7. I have started by sending an e-mail to Argos via xxxxxxxxxxxxxx, asking for repair or replacement under SOGA 1979. To be honest, having searched online it appears this fault could be that the motor has seized which is shocking given the machine is so young and of such high value.
  8. Hello Folks, Just tonight our Hotpoint washer drier, which was £800 new last January (2010) has stopped working. It has thrown up an error code which after googling suggest the motor has jammed. Now, I realise the machine is just out of manufacturers warranty, however, 13 months is not very long for a brand new machine to last, especially considering we have truely only been here to use it for 6-7 months of that time, and there is only 2 adults and a child in our household, so its light usage anyway. Now I am aware that there is the 6 year statutory warranty for products that should be fit for purpose and clearly this item hasnt held up to that. A cheapo £200 machine, I would still expect to last longer than a year, but not an all singing and dancing hotpoint. We were bought this from Argos as a gift last year, so arent in a position to replace it ourselves, especially on something so new. Can I ask for suggestions on how to move this forward? Onto Argos tomorrow or Hotpoint and can anyone suggest what line I should take with them to try and get a positive outcome (repair or replacement would be wanted, ideally the later). Many thanks, Meerkat x
  9. Hello Everyone, I have been wanting to post something on the forum for sometime now, but asever, life gets in the way and today I had a bit of an excuse (having had some good news). (Moderators please feel free to move this to a better section - if there is one for this) Just over 2 years ago, my family could no longer afford to pay the substantial unsecured debts we had incurred over the years. Due to several sets of circumstances, our income fell dramatically and we found ourselves on the phone to the CCCS, on a cold & dark December day. We had struggled with making payments on all our crecdit cards for 2 years previously, so making that first call was the toughest call our family had to make at the time, because we were admitting it was too much for us to cope with (finally). My hubby spoke with an advisor in the CCCS, a lovely man who put our mind at rest - who understood why he was crying and tried to reassure us about the fear of losing our home. That same day we stopped all the direct debits for our creditors and began the letters offering £1 per month as token payment. Due to our circumstances, the CCCS could only offer us advice, they could not intervene on our behalf because we were too poor (we couldnt afford a payment plan - so we were on our own). It was during that month and over Christmas that we had to make all the calls to our various creditors to explain our situation and ask them for some help. The thought of this made us both very sick and frightened - these were the institutions afterall - the banks that our country was built on - they owned our home, etc. What followed was a very mixed bag, but mostly a very negative and scary experience. There was no dignity in it and any that we thought we had before was quickly stripped by the ignorant and forceful people in the call centre collections departments - it was like we had stolen money from these individuals own pockets and we were **** in their eyes - Low points include being talked through an affordability list and being told £20 per week was too much money for food for the two of us and our baby. The only exception to the rule in all of this was the people at EGG. My husband again broke down with the lady on the phone (I was bawling my eyes out on every call!) and thanked her for treating him like a human being, without judging him. The letters pilled in, so did all the calls - to our home and mobiles. Threatening voicemails and the infamous 'doorstep' collection letters - those were the worst! To say we lived in fear of the door knocking was something most people in debt will understand. Blinds were pulled, doors double locked, we didnt go out etc. The fear of our neighbours finding out aswell was humiliating and ever present as they threatened that they would speak with our neighbours to confirm we lived there. The CCCS did arrange for us to have a counselling session with a member of theirs on the phone, someone who has been through it before and was going to offer us real advice. What a nightmare that was. We ended up with a lady on a powertrip, whose advice to us was to immediately declare bankruptcy and that we would most probably loose our home. She offered no other options for us, in her eyes we had too much debt, not enough income to offer anything other than token payments to our creditors and we just needed to get rid of our home and start again somewhere. She was very cold and cut and dry and that call left us again with great fear for our families future. Then one day not long after this call, while looking through the MSE web site, we read about CAG. To say our lives changed that day was an understatement. I dont think we will ever be able to truely thank those people who helped all the way along - but if you are reading this and are finding yourself with no other options - please post on this forum! Even if its just to vent your fear or frustration, someone will be along who understands and has been there themselves. Back then, everyday was a lifetime. The postman carried a second bag with all the threatening letters just for us! (joking, but it felt like that some days!) Having found CAG we found our voice - and knowledge is a very powerful thing. Going from being fearful of the letters that came through the door, we began to respond to each (every day) and started to specifically ask for paperwork we found out through CAG that they should have. Credit Agreements and SAR requests were the initial requests - followed up by CPR requests to everyone, as none of our creditors could comply within the presribed timeframe. Some did try as can be seen on our threads, but almost everyone had next to nothing enforceable, with a couple of exceptions. For nearly 9 months we went back and forwards with these people, keeping up a pace with them. During that time we even had a face to face with some senior Bank officials as they managed to mess up our SAR and provided us with a long list of other members personal details! Their answer to help us was to offer them a voluntary charge on our property - something which we declined as again, they had no proof of any CA and owed us as much in charges as we owed them! Just around the time we started to feel on top of things finally, we had some personal family problems - which in turn lead to my hubby ending up in hospital with a serious stress related illness (not helped at all by all the debts). This was a huge lowpoint and we were lucky not to have lost him to this. What followed was months of recoperation for him and during that time we had to simply back off. Losing our family to these people and stress was not going to happen and we decided to ignore all the letters now, simply making our token payments as we had been. Our first year of debt management came and went and the letters continued to come. Some are very humurous when you step out of the fear and read them - especially those when the creditors ask you to take their word for it, the debt is enforceable, even with no proper documents! During this time we were also dealing with my mums creditors as she suffers mental health problems and has substantial debts also. Early on with her, CAG's advice managed to help us get a PPi refund which covered a Santander debt and wiped it out. Given her state of mind, we requested that all of her creditors consider writing off her debts - which none of them did (nor responded to our requests). We made a couple pro-rata offers, which was also ignored, so we decided the best course of action was to ignore the letters and to this day not one of her creditors has receieved a payment from her. Around the time of my hubby's illness, we sought professional help. Not being in a position to pay for legal advice isnt a negative thing and legal aid is there for those who need help. As it stood we were getting all the advice we needed day to day from CAG, but we were trying to prepare ourselves for the worst case scenario as neither of us could deal with a day in court at that time. We ended up with a wonderful lady solictor, quite senior in the field of commercial litigation. She was able to confirm that should we ever be challanged by our creditors, they we would be able to fight back with legal aid on our side - and that without the right paperwork, the creditors would struggle. At that time we both decided to stop paying the token payments. This was huge as it was a sign of pride to us that we were at least paying something. Most of our creditors refused to accept this (although were still cashing the cheques!) so we decided we had to take a chance. Then the letter began to slow down, from ten a day, to one and then one every month. These days (over two years since we first stopped our DD's) we get almost no letters at all. No phonecalls (these were dealt with really well with the help of CAG), although we do have a funny door step collection story. The biggest fear we had was of these doorstep collectors - those little yellow and red cards telling you someone would be calling on a non-specific day at a non-specific time to discuss your account did not fill us with excitement. The thought of a showdown in front of our neighbours with someone shouting the odds about our personal lives filled us with dread. But we never had one visit. Until this year... Having just returned from visiting family for a few days, we arrived home to find our heating system had been destroyed due to the severe weather. No heating and a possible gas leak - nightmare. We started to read through our letters while waiting for a gas man and amongst them was a yellow note telling us someone had called in our absence. This was from a company already warned by us many, many times not to call to our doorstep, using the various standard letters on the site. Very angry my hubby read it out, telling me that this guy was calling back the following day. 5 minutes later there was a knock at the door. My hubby opened it, and outside stood a gormless looking older man who asked for my hubby by name. He asked who was asking and this man identified himself, wanting to come in to discuss his account situation. Well it was like to years of fear and the frustration of our home being wrecked on our arrival home was focused purely on this poor man. My husband blew a gasket and verbally bounced him from our doorstep, threatening him with the police if he didnt clear out immediately (it helps we have neighbours who are police officers aswell!). Well the look on the guys face was priceless, because it was clear he used his size and demeanour as a tactic to try and make people fearful - and it simply didnt work! I told my hubby he was too slow and should have made it clear to the fleeing man that we didnt have a doorstep for him to collect, but it was lost on him by that stage... And that brings us up to this week, when one of our creditors (well, a DCA who claims they have been assigned the debt) has finally admitted they will no longer be able to enforce the debt because they cannot find the Credit Agreement. Its just taken them over a year to admit this, but it was worth it in the end. I guess the point of this thread is for everyone who comes onto CAG in despair and without hope. WE HAVE BEEN THERE - YOU ARE NOT ALONE! Please dont give up, you simply dont know how things will pan out at this stage. Please ask on this wonderful forum if you are unsure or scared - we have spoken to some wonderful people on here over the last couple of years, people who have shared their experiences to help us. This is our short response which we hope will help anyone who feels they have no options. Our lowest point was being told that we HAD to declare bankrupcy - which would probably have meant we would loose our home, our families only security. 2 years on, we are still here, and our family is sticking with it. We have stayed offline for quite a while because we had to try and go it alone - plus there were people like we were at the start who needed the Cagger's much more than we do now. However, I hope we can in some small way come back online and simply be there for those who like us, were scared and just needed someone to tell them it would be ok. It will be ok folks - take heart and ask on here is you are ever in need of help. Thanks for sticking with this and reading to the end. Love, Mr. & Mrs. Meerkat xx
  10. Hi Vicki, Ive just read through your thread and im a little confused. You say you had no response from Hillesden to your request for your CA, but on 21st Jan this year you say they clearly wrote to you saying the agreement wasnt available and they had closed the case. Can I ask what exactly they wrote to you and what they stated? I sent a CA request to them as soon as they said they were the new 'owners' of my so-called account, and placed the account in dispute as MBNA previously had been unable to come up with any kind of agreement. For over a year they wrote to me every 21 days, stating that they hadnt got the docs but would get back to me in another 21 days with any updates. 2 months ago the letters stopped - and I did wonder if they had figured out the timescales allowed for producing said documents. Then this letter. I agree T_ony that they the account is now off my radar, Thank God. I suppose I am very curious about the PPi that I could reclaim. Given that the account is unenforceable, but it doesnt stop them pressurising me for the money, surely I can also reclaim the PPi and charges? Its such a substantial amount and would go a long way to offsetting other creditors. Thanks, Meerkat x
  11. Hello Folks, Sorry weve not been around much in the last year - life caught up with us and to be honest after a frantic first year with all our creditors, we burried our head from them as they were taking up too much of our lives. Well after over a year of their letters each month, apologising for not being able to provide the original CCA and telling me they would be in touch with me in the next 21 days with an update, Hillesden Securities have finally admitted that due to the age of my MBNA account, the original executed agreement is no longer available! In their own words: "while we may not be able to enforce the agreement, the monies remain outstanding. The agreement or any monies paid has not been made illegal or void because of our current failure to supply a copy of the original agreement. We are prevented from taking steps to enforce the credit agreement but th eunderlying obligation to repay remains intact. The ruling in the case of McGuffick Vs RBS clarified the numerous interpretations of what is considered "enforcement". The demanding of payment is not considered enforcement and purely a step taken prior to the commencement of proceedings, therefore your account will remain with our collections department for collection activity to continue. The reporting of tdate to the credit reference agencies and related activities do not constitute enforcement for the purposes of the CCA 1974. Our agreement with the CRA, as well as the rules which govern the use and sharing of such information require Hillesden to report account level data this way. Under the DPA 1998, Hillesden must report accurate and up to date information at all times. As this account has been used and a debt has been incurred, this will be recorded to the CRA's." My understanding from all of this is that they cannot enforce this debt any longer - but equally, given the lack of CCA, can they continue to report any information to the CRA's? Can I write to the CRA's directly, with a copy of the letter enclosed, asking for them to remove the information Hillesden are reporting. There is a large sum of PPi and charges on this account, if I were to try and go ahead and reclaim this, will it be first paid back to Hillesden as restitution, with us getting any balance? What else should I be doing? I havent acknowledged this account in 14 months (26 months since we started sending letters without prejudice), made no token payment to it for 12 months. Many thanks everyone, Meerkat xx
  12. Hello everyone, I was bought a new and boxed Toshiba Laptop in August last year from a Tesco store. In the first couple of months it started to develop a fault with the touch pad which caused the screen text size to increase or decrease depending on the direction of the movement. Some of the keys also tend to stick when typing - both of these are very annoying and not expected from a machine like this. Having previously phoned tescos electrical helpline, a couple of months back, they told the machine needed to go back to Toshiba for repair. I know this is nonsense, so continued to put up with the issues over the Christmas period as I couldnt be without a computer. However, having checked online recently, I read that during the first 6 months of ownership, the SOGA states that its up to the supplier (Tesco) to prove that the fault wasnt there from the outset and that they should repair or replace the item. I went instore last night and asked them to replace the item under the SOGA above, stating the problem and asking for my rights. I explained I couldnt be without the machine, didnt want to get a repaired item only for the same or similar faults to occur after the 6 months ownership period, and then its down to me to prove the fault and not the retailer. During a 1hr 30 minute period, my family and I were shuffled from assistant to supervisor, asked to phone the electrical hotline again - only to be told they would only repair the item and it was not within their terms and conditions to do anything else. I was then moved onto a manager of the electrical section who wanted to try and prove the fault was how I was using the item - which he couldnt. Then it was moved behind closed doors, coming back to me every 5-10 minutes to say that they wouldnt be doing anything more than offering a repair. All the way through we were polite and respectful, even though it was clear that we were getting our Statutory rights infringed. Finally a duty manager came out, a HR manager and this lady was well versed in the all things SOGA. However, even this lady took 30 minutes to make a decision to only offer a repair. Before we left I asked for them to put it in a letter on headed paper that all they were offering was a repair and that they were refusing to replace it. I was told they werent reusing to replace it, they were just refusing to replace it now - if they couldnt repair it they would replace it. As I understand it, the SOGA states I can have a repair OR replacement, at my discretion, up to 6 months old. They are refusing this. I got my letter, well worded: "On contacting our helpdesk....we were advised to ask the customer to return the laptop to Toshiba for repair, after the customer refused we also offered to return the laptop to Toshiba on their behalf, again this was refused as the customer wanted a replacement laptop. This request has been refused as a repair has been offered in the first instance. The Tesco refund policy has been followed in full as described on the customers receipt." So - Am I entitled to a replacement or is the SOGA giving me the runaround? If I am entitled to the replacement, how should I move forward? Thanks all, Meerkat x
  13. Hi Folks, Its been a while since ive been on with you all and I hope you are all fighting the good fight still. Things personally have been difficult although I will go into details in the next few days to explain. This morning a nice handwritten envelope arrived with postie. On opening, I found two postal orders I had sent to MBNA for my account as token payments for the last two months, together with a badly written note from Experto Credite DCA asking for the payment names to be changed to theirs and not MBNA. I have not acknowledged any debt to these monkeys since they started sending me letters three months ago and instead as advised, have continued to pay MBNA. I have asked for the deed of assignment but never received it. Advice? Was planning to send a letter back stating I never made any payment to them so why should I now begin to and who are you by the way? Thats a kneejerk response, and im sure there is something better to say in this instance. Thanks as always, meerkat x
  14. Hi ballycastle, I think you should hold off on accepting their offer. I would send of a SAR to ascertain what docs they actually have. meerkat xx
  15. Hi, How unfortunate. I would as pp said, cancel the card you gave them, and also ensure that the DD has been cancelled - GE will take your money, and it will take forever to get it back. I really do hope that you get it back as they have claimed. I wouldn't trust them as far as i could throw them as the saying goes. If they have said the money is to be refunded then you really should see it by wednesday, so if it hasn't shown up in your account i'd contact them (i know you're not supposed to phone them but in this case i would) and ask them to confirm it has definitely been refunded. I'd also contact the bank and let them know that the 4 transactions to GE were taken without your authorisation as GE had told you they were unable to take payment. Who authorised them to make 2 fyrther attempts on Monday? I think this was a case of once they realised they'd taken 2 payments on sat, they thought they'd chance their luck on monday to see how much more they could take, the sneaky bug**rs. typical creditor - no regard for how you might be going to feed you and your family - just out for money, money, money! meerkat xx
  16. ah...they tried that back in the late 60's earyl 70's and it didn't work - farm workers/owners complained too much about loosing their morning sun, when they do most of their work! lol meerkat xx
  17. Hi, Yes - hope this takes you there... http://www.consumeractiongroup.co.uk/forum/nationwide/193958-meerkatsmimm-nationwide-cc-default.html#post2098638 Please also note - there are 2 DN - 1 from feb 2009 & 1 from march 2009 meerkat xx
  18. Hi All, had a few stressful months - mr meerkat had a heart attack at start of sept and now the little meerkat is unwell! Anyway - all quiet on the creditor front so to speak. Just wanting clarification - is a default with CRA's deemed as the account having been terminated? I've not received anything from NW stating the account has ben terminated or defaulted but it clearly has been with the CRAs. Thanks, meerkat xx
  19. Hi Beachy, It sounds like they are playing the merry-go-round on this one! I hope sometime soon we will be all able to definatively know where we stand with BC (and the rest!) and get a straight answer out of them - one they will stick to! Keep your chin up, meerkat xx
  20. Hi, It sounds like you were with a load of people back in august - you should check the validity of the default notice they sent you. Did they sell your debt on before they give you time to respond to the Default notice? I'm sure you could negotiate - mr meerkat is unwell and we'd love to just get it all settled and out of the way - however as exasperated said it might not be your best choice. Subbing with interest. meerkat xx
  21. Hi all, I've got a question about DN's. I received my DN back in March, it is improperly executed, asks for full balance, and gives 14 days from date of letter for resolution. Thing is the account has only been defaulted with CRA's on 30.08.09. Is this deemed as a termination of an account after serving an improperly executed DN and therefore unlawful recission of the contract? Is defaulting with the CRA's equivalent to termination? Thanks, meerkat xx
  22. Hi Guys, Thanks for all the responses. Elsa, just as you stated, I hit them up with a letter reiterating the dispute and that very section of the OFT guidelines as provided by ODC. I guess what shocked me more about this letter is that as much as I have had many letters threatening doorstep collection services, they were the first to actually come back at me and state that they could do as they pleased. Its quite dangerous and distressing for those who dont have the support of the CAG massive to get these letters/cards, never mind to believe they have been sent packing, only for them to come back telling you that you cant refuse them permission! It takes BC's continual 'we have complied with your CCA request' to a whole new level... It is funny though, P2C and CSL that was mentioned with the same letter in Welshmams link, are the same company - sharing an office and Staff. BC and their clowns have this multiple agency collection thing down to a fine art, regardless of the OFT guidelines for multiple agency collection on the same account at the same time. Thanks again everyone - We are getting back up to speed after a tough couple of months personally, so hope to be back with more soon. meerkat xx
  23. Thanks again everyone, Seems like a very similar letter, so will let them no they have no permission once again and welcome them to test me should they feel I wont contact the police. Actually feel like calling the local police station and making them aware that I feel threatened by this and get the crime number to send with the letter. Its a joke really but a sign of the time that they are stooping so low to try and threaten people.
  24. Thanks folks, A recent health mishap has meant my good husband isnt up to strength to be acting as a bouncer atm, but I agree that the police would be called asap. Agree about the OFT and they have also sent recently a nice yellow postcard making me aware they would call some Monday between 9am and 9pm. Wasnt in an envelope as others and the postman could clearly read that it was from P2C and the reference numbers etc. BC still maintain the account isnt in dispute because they have supplied us with everything they are duty bound to do, but we now have had sight of my 'agreement' and its simply an application form, illegible in places and missing all of the prescribed terms. We have made both BC and the DCA's they have working on this account of this fact, but they continue to ignore as usual. Just wanting a good letter to hit back at them about the collection activities - the 'application form' they sent is another issue! meerkat x
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