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meerkatsmimm

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Posts posted by meerkatsmimm

  1. Thanks ODC,

     

    I use the police threat because I would have no hesitation in calling 999 and letting them know I was being threatened at my doorstep. It tends to work as well, as we have not had one caller as yet.

     

    However, I dont like the part that they state that only a court has permission to refuse collection on the doorstep, that I cant do it myself.

     

    I dont even have a doorstep for them to collect...

  2. Hey Folks,

     

    I thought this was one worth posting because its the first time in all of the letters I have sent that someone has responded directly to it and its a letter many of us send out on a daily basis.

     

    Sent Power2Contact (DCA for BC) the refusal to visit my property letter, after they threatened the doorstep collection with their initial letter to me.

     

    In response they have said the following, which I must say baffles me because it goes against the whole arguement of my letter:

     

    "P2C offers a door step collection service whereby field agents visit a property to discuss repayment of an oustanding amount. This is simply another option available to our customers to assist them in repaying their debts. In relation to field visits, in subsection 2.12 of the OFT's guidelines, Doorstep visits must give adequate notice of the time and date of the visit. The Armstrong Vs Sheppard (1959) case is dependant on each individual circumstance and only such order to refuse access can come from a court and not from the individual".

     

    So I need to get a court order against them now???

     

    I mean, my home is freehold, so me making it clear they arent welcome in any way and threatening them with the police if they tresspass doesnt seem to be brought under their notice.

     

    Im totally baffled and feel this is them playing games, though part of me wants to go to court and play them at their own game.

     

    Any opinions on this folks, and Id be interested to hear a suggested response to the same please if anyone has something suitable.

     

    All the best,

     

    meerkat xx

  3. Thanks again 42Man,

     

    In the original creditors letter, they do state that on or after the date they allow for remedy of the breach, they will cancel the account and terminate our agreement.

     

    Where does that leave us with the documents we have at present? Do we make them aware of the unlawful recession?

     

    We arent intending to pay the DCA anything and have told them as much. We were making a token payment to the OC, but this has not been transferred on with the sale/assignment.

     

    It seems a strange one, but have they made enough mistakes now that we can pull the rug out from under them and if so, what is the best move?

     

    We had thought of using a solictor to send a firm letter, as the OC has never listened to our disputes in the past and I doubt this DCA will either.

     

    Thanks,

     

    meerkat x

  4. If you can prove that they sold the debt on, then your thoughts are spot on.....did they send you a letter of termination (even though they obvioulsy terminated the day they sold it on !!) i'd say that it was an unlawful recission of contract.....

     

    Hi 42man,

     

    i have the original default notice, then a letter dated 4-5 days from OC telling us that the debt has been sold to direct legal and giving us their name & number for future enquiries.i then have a letter dated 25th august fro dlc telling us that hillesden securities ltd (trading as dlc) have been assigned the debt.

     

    what does this mean in terms of enforcing the debt - as i said the application form seems good but the default seems wrong.

     

    meerkat xx

  5. postggj,

     

    i've been cut off by bt so i'm using a really poor mobile broadband connection and even attempting to upload the scan would create meltdown!

     

    i'm hoping to be up and running again by the weekend and will get the paperwork uploaded for this and a few other things i have issues with.

     

    I should be able to input the content below:

     

    Important - You should read this carefully

    DEFAULT NOTICE

    Served under Section 87(1) of the Consumer Credit Act 1974

     

    Dear Mr Meerkat,

     

    Credit Card Agreement: 1234567812345678

     

    We refer to the above agreement which you have entered into with us. You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of your credit agreement provides that, subject to sending you any notice required, you must immediately pay your whole balance if you repeatedly break your agreement and fail to sort the matter out. A stop has been placed on your card and a default has now been registered against this account at the credit reference agencies.

     

    This statutory notice is to tell you that, in order to rememdy this breach, you must pay the full amount of your outstanding balance which is £5555.55 by 29th August 2009.

     

    IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

     

    IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

     

    On or after the date shown, your account will be closed and your credit agreement will be terminated. We may also take court proceedings to recover the whole amount owed by you.....

     

    Yours Sincerely,

     

    Head of Recovery

     

     

    i've left out the bit at the end which just included the reference to the OFT leaflet included etc etc.

     

    the Date on the DN is 13th August 2009 now looking at it and they have given until 30th August for remedy. the debt was sold on 17th August I think. The account was defaulted with the CRA's on 30th July 2009.

     

    The thing is the agreement that the OC sent seems to contain all the prescribed terms - but no section 8f.

     

    What is the situation now - can the new DCA still pursue me for the full amount or is this a case of unlawful recission due the DN not being served correctly?

     

    Have sent the DCA a CCA req, let them know that the account was in dispute with the OC and that they should really send it back to them. Also asked them to supply a copy of the Assignment.

     

    What do i need to do now?

     

    Would appreciate all advice.

     

    meerkat xx

  6. Just about managing to get logged on - dial up speed mobile broadband with no reception = never getting anything downloaded! :mad:

     

    Thanks for the link cerber - will get a look as soon as my internet is back to a 'normal', usable speed!

     

    have sent off a CCA request to DLC.

     

    if the debt was defaulted before a DN was issued what would then be owed to the creditor? Is this also a case of just the arrears as the account was terminated before giving notice to rectify the issue?

     

    the DN asks for full payment - so i'm assuming that if the account had not already been defaulted we would only be due to pay the arrears, or the sum needed to bring the account up to date?

     

    Also received some documents in response to a SAR from OC - which strangely enough included a hand-written letter form a guy in Liverpool - got his address, account number and signature!:confused:

     

    Anyway - hope to get back online properly soon - take care.

     

    meerkat xx

  7. Hi all,

     

    Have very, VERY poor internet connection so apologies for not being around!

     

    Catching up on some paperwork and hey-ho discovered my hubby's account was terminated at the end of July 2009 - the DN didn't arrive until 18th August 2009 and we were given til 29th August to remedy - although they were asking for full balance and not just arrears!

     

    Account was sold on to a company called DLC on 17th August - just a few days after the DN was dated!

     

    What is the legal standpoint here?

     

    The account has been in dispute since March/April due to not supplying a valid agreement - still haven't, in fact, they have stated that they cannot locate one!

     

    Would appreciate your assistance ladies and gents,

     

    Thanks,

     

    meerkat xx

  8. WOW Rhia,

     

    Thats pretty shocking.

     

    Would any of this be because they are able to write the debt off in the UK and claim the tax break, but then at the same time shuffle the ownership of the debt through their Irish offices to enable them to continue to attempt collection as normal?

     

    Im probably way off the mark, just a theory.

     

    Is there any way for us to know if a NOA has been done outside of the UK, would this be clear on any copy of a NOA we request, or would it need to be done through the courts?

     

    Brilliant stuff!

     

    meerkat x

  9. Hi Rhia,

     

    Thanks for dropping by here also!

     

    This week sees our fight with all creditors start again in earnest, is the N1 form the first step for court?

     

    Would I use the same document for taking the CPR route to court?

     

    The PPi and charges they owe me would go a long way to clearing the balance they state I owe them.

     

    Already sent them through the re-claim PPI details, they have just chosen to thus far ignore it!

     

    Talk soon and thanks again,

     

    meerkat xx

  10. Hi Rhia,

     

    Thanks for checking in!

     

    We havent been able to deal with our own accounts for this last month due to personal issues with my mum, and hubby and I have the sneaking feeling that MBNA have sold these debts onto another company - Or at least farmed them out to someone else for collection.

     

    Should this be the case is it best to send a CCA to the DCA, even taking into account they have sent me this document which is partially illegible?

     

    Or should I send them the account in dispute letter?

     

    The other account they have admitted to not having been able to find any agreement, but will continue to collect the £1 per month and the account continues to be enforceable etc.

     

    Have read it elsewhere, but was thinking we should send letters to all our creditors asking to make an appointment to be able to view the original agreements in their offices.

     

    Dont know if anyone has been taken up on their offers to do this mind...

  11. Yep, good old NI!

     

    us folk have to stick together lol!

     

    Well I penned a long 7 page e-mail to Rupert Jones, the author of that article that Elsa linked us to at the Guardian, so heres hoping for a positive reply.

     

    A nice update with BC, Mercers and Scot Call both collecting on the same account and both collecting with two different names and two different numbers - ON THE SAME LETTER!!!

     

    Maybe they are having to cut back abit on their stamps...

     

    So thats BC, Mercers and Scot Call all on the one account. We havent even had that with ours, you talk about taking advantage of those who are most vunerable.

     

    OFT - here we go, here we go, here we go!

     

    and hopefully your shameful companies names in print in the Guardian soon, hopefully reading this Mr.DCAs...

     

    meerkat x

  12. i'm going to invade this thread as it really interests me

     

    i remember many years ago being told that if you don't know how to say something in french, think of the posh way it would be said in english and try that!

     

    better than just S H O U T I N G S L O W L Y in english! :lol:

     

    mind you it doesn't always work - using the same thought process for spanish i once told someone i was 'embarazada' due to not being able to speak much spanish! how embarrassed was i really when i figured out what i'd said...

     

    english isn't even spoken well by a huge proportion of native english speakers...

     

    meerkat xx

     

    fart....by far the better word

  13. Hi,

     

    I'm a little confused - not hada lot of sleep lately so forgive my ignorance.;)

     

    you had a 5k debt with paragon? you then had an agreement to pay a reduced repayment with no further interest?

     

    Have you kept up your repayments?

    when did arrow become involved?

     

    can you give some more info on the situation so it is easier to give advice?

     

    meerkat xx

  14. Hi,

     

    Tell her to go BR as things are - she has no assets and should be discharged within 1 yr.

     

    She can certainly move to scotland and live in the flat - not a problem there but under no circumstances get the property put into her name until the OR no longer wants a chunk of her assets - otherwise they'll just force a sale/charge on the property.

     

    i'm no expert in BR but know that sometimes the OR holds an interest in future earnings/assets for 5 years. Flag the thread with the mods and hopefully someone with a little more knowledge can help.

     

    meerkat xx

  15. Hi BWD,

     

    Its not that no-one is bothering to reply - just there's so many topics that not all get seen straight away!

     

    Just bump it up again or if you are urgent for a response then flag the thread for one of the mods.

     

    Once you've CCA'd the creditor, you give them a set time to respond - 12+2. If they haven't responded then you are no longer obliged to pay the debt. If however they produce a valid credit agreement 6 weeks down the line then you would be one again obliged to pay.

     

    stopping payments depends on your personal situation. if you can no longer afford to pay then stop making payments regardless. you're better paying your rent/mortgage and utilities than keeping up payments on unsecured debt.

     

    fill us in a little more - who are the accounts with?

    how much do you owe to each?

    are you in arrears?

    have your financial circumstances changed?

     

    just a few questions that would help us to give you some more advice.

     

    a scan of that document you got - minus the personal details of course - would be a great help too!

     

    meerkat xx

  16. well done for getting a network to cancel - they usually just tell you to go back to the retailer!

     

    I'd push P4U for compensation due to the stress - you have a good case now the network have cancelled and i'd still speak to the regional manager to see what action is being taken to ensure it doesn't happen again - staff need to be trained right! I've forgotten the number of times i had to step in and correct what a staff member was telling a customer just to get the deal done, there's no point lying as it always comes back to bite you.

     

    i'd also push for compo as they've had your money and you haven't so they really do need to do something as a 'sorry' - i'd be livid! then again i'm an awkward customer! lol

     

    meerkat xx

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