Hi Massamum, It's been a while since i've been on CAG, and I was so sorry to read this thread, it's sounds like you've had a really hard time and yes these companies are always out to make a fast buck - a very large fast buck! Just wanted to say, having to give up your home isn't easy- it's stressful trying to keep it and heartbreaking to hand over to someone else, but believe me life really does get better when all that stress is no longer on your shoulders. Enjoy your new home and take care of yourself. Joemay

Yes well said Diddy - if the creditor says that a debtor has breached their contract they terminate without discussions or giving you a truly realistic chance of putting it right - so rules is rules and that works both ways.

Never going to have a mid life crisis, refused to have any more Birthdays after my 29th:rolleyes:

It's not a previous address its one we moved into after application date, I suppose it's irrelevant really, what's important is it's the incorrect address - Am I correct in thinking this.

Fabulous, I shall keep it well and truly under my hat;) As always DD thanks for looking in and helping with OH situation. So now do we wait for the claim to drop on the door mat? Looks as if Robbers Way are going to start to get heavy with the letters, do we: 1)Ignore 2)ask them to refer back to OC 3) or something else?? All comments welcome:D

Hi darlo tom, Yes Triton are a nasty bunch. Although unbelievable I did manage to speak with a pleasant woman. If you're looking to pay it off, and your Dad can help I suggest you let them know that your father is willing to help you. But he needs time. Get your father to transfer the money from his account, that way there will be a third party involved and a paper trial, it's to ensure that they never come back trying to claim that it's not been paid.

Gosh what's happened, have you all been that naughty that you've been banished to the cellar:eek:

Take a look at my thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197540-bos-halifax.html, if it's of a similar situation to ours, then you should take a look at the letter which DD kindly provided, http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197540-bos-halifax-11.html#post2738145 you could adapt and send to robbers way. Hope it helps

Don' want to hi-jack your thread mikexlr8, so nks22 will post on your thread.

It's http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/197540-bos-halifax.html

Hi Natalie, Can I ask where all the debts with DCAs or still with the OCs.

Update, Have rec'd a reply from Helifax, they've sent a copy of the Application form and 2 sets of T&C's (reconstituted). Interestingly, the T&C's which I presume are the historic ones have our last address, not the address which is on the application form. Does this help in anyway?? There is a lot of waffle in the letter but don't feel I need to list these as we've heard it all before, you haven't disputed before, blah, blah... But would appreciate comments/help for the following: They state: "The prescribed terms are present in all of the versions of the agreement provided to you. Whilst the actual credit limit is not shown as this is not known at the point the customer would have signed the agreement, an explanation of how the credit limit is set is included at paragraph (2.1)" This is interesting as the prescribed terms are not on the application form, and as far as hubby can recall he was never given a pack or sent one with the T&C's. In fact his situation is very much like a case which was discontinued BOS vs Mitchell - (I believe I'm quoting the correct one, but if not can someone please correct me). He filled in an application form within a branch, no T&C's were given or sent. OH went to Helifax to apply for a loan but they suggested a CC, application was filled in and card was sent to him. No prescribed terms on application, and no t&c's. They continue: "With regard to your comments that this request has not been requested under CCA 1974 of DPA 1998 but under Annex A para 1.2(7) of the CPR Pre-Action Protocol, I can confirm that we have never suggested that provisions of an application form complies with the requirements under Section 78. We have complied by providing the recon T&C's which I enclose." Am I being dim, but what do they actually mean by this? They continue: "May I remind you that failure for your "Client"??(oops they can't even change a standard letter) to make payments under this agreement will result in collection activities and any default may also be reported to CRAs." - Are they suggesting that they will (or will not) take legal action, or just they will continue to pass to our lovely friends the DCA's?? They conclude: "I am declining your complaint" Also OH has been receiving calls from Robbers way. I have told them to stop calling as he can't deal with them over the phone, it has to be done in writing. He has now rec'd a letter saying, contact us to arrange payments. How should he respond. Apologies if its all a bit winded, but those of you who are familiar with me know that unfortunately, this is just my way. Any advise on the above would be appreciated. Thanks Joemay:)

Bump - Good for you not rolling over and making them work

Hi Mikexlr8, just bumping this for you. OH rec'd a response from Helifax and I will be posting it later on my thread, can't really work out if they are going to be seeking legal action or if they're just going to continue chasing and marking CRF. Anyway, hope someone comes along soon to give you some advise. Joemay:)

There are gifts specially for teachers. You can get plates or mugs with the teachers name, class name and a message printed on, they also supply a special pen so that all the children can sign the item. I know a good site that sells them but not sure if I can post it on here.

budge up Elsa Oh cocktails lovely, luckily I have straws (which I was going to make a model out of if I was alone on the naughty step) but now I can put them to better use. Sorry I forgot my voddy but promise to bring next time.

You can say that again.

Thanks DD - yes it's absolutely ridiculous the naff judgement:mad: So do I not respond to "we need to hear from you with your proposals ........... within 10 days" and just sit tight 'til proceedings commence:(

OK Update, DD kindly posted a response letter requesting copies of documents (Civil Procedure Rules 1998: Pre-Action Protocols) in response to robbers way letter. Have now received a copy of a credit card application (signed) with no prescribed terms or terms & conditions attached from robbers way with letter "we need to hear from you with your proposal for settlement". No mention of any other documents that they would use as evidence in court. To go over again 1. No CCA 2. Defective DN not enough time given with DN 3. Letter confirming account has been terminated (but no termination notice) therefore unlawful rescinded account. Now my understanding is that as they haven't given the cca with prescribed terms they can not enforce by law, (they can't take to court), but they can still send the nasty letters am I right? Any ideas/suggestions would be appreciated on how to respond to their letter as they haven't actually responded to my requests, regarding pre-action CPR. Thanks Joemay

Mikexlr8, I've sent the same letter to Robbers way, we've now rec'd a letter from Halifax saying their Customer services are looking into it and will get in touch soon? I recommend you send the letter at least if it goes to court you can show that you have acted correctly and they just ignore you;)

Hi DD Thanks for posting the BANK OF SCOTLAND -v- ROBERT MITCHELL case, I have been racking my brians to remember this one, because OH's situation is exactly the same, and this will no doubt be useful in the not to distant future, robbers way appear to have handed back to HBOS:p

Do not worry too much, and certainly don't let debt ruin your life. You may feel confused & mixed up now, but in time with some reading on this site and the help you will get, you'll feel a lot less stressed. You've come to the right place for help.

Wrote to OC accepting unlawful recission, they wrote back stating they have checked their file and they can't see that it's been done:confused: and would I be kind enough to send them a copy of their letter:mad: (er no - I have much pressing matters to deal with). If you are making any payments to the OC/DCA's, you should stop, this will also be confirmation that you have accepted their UR. If they come flying back at you (at a later date) stating that you'd made payments after termination, you just point out that you didn't really understand at the time, but once it was pointed out to you, you acted upon it. I don't pretend to understand all of this, but I've had some great advise and no doubt you will too. All the best Joemay

Are you sure its "REAL" might be an idea to post here (removing identifying info) so it can be checked out.

Elsa, Yeah battling on! I'm not bad. How you doing honey, I haven't been around for a while, so haven't had time to catch up on everyone's threads hope all's going well with your battles. Noticed your still wearing the dark specs;)