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Everything posted by mjc007.5

  1. P. S Before anybody wonders I am on a break
  2. Hiya, Just to add my two pence worth Firstly, best of luck with the surgery. In regard to the smoking - it is of course a personal choice and like any personal choice as long it does no harm to anyone else along the way then good luck to you. It is of course preferable that you stop, at least for a period before the op and ideally completely. Your anaesthetic risk is signficantly raised by smoking and the post operative recovery is equally more prone to complications. Except for life saving procedures your surgeon is able to make reasonable stipultation about behaviour that
  3. Hi James, You need to proceed as suggested by ErikaPNP - agree with everything she says (and you have my empathy as well). My family took a case to an out of court settlement (including "re-training") for a surgeon - this is emotive and complex stuff but where there is clear negligence or malpractice you can arrive at something of a satisfactory conclusion to a complaint/legal action although it is often a long and difficult road. It might be that you arrive at consulting a solicitor (one that specialises in medical negligence) and there is no harm in accessing one for an ini
  4. Agree with all of the above - harrassment and intimidation it certainly is, relying on your either not knowing they are talking bunkum or your wish to avoid them "writing to your HR manager" will outweigh your desire stand up to them! Seems that the "stuck record" approach works best with these firms - repeat harrassment/no visiting letter, repeat offer of what you can afford to pay, confirm complaint to OFT about their vexatious pursuit of "recovery" action and refusal to agree to your resonable repayment proposals. You can also add they are legally obliged to accept whatever you are tr
  5. Hello Lingylulu, Good for you, must be catching some folk on a good day! (rare indeed in this sector) The extra charges and overall balance going vertical the second you tell any of these firms you might have a problem and how to deal with it is a personal choice (and may even be best judged case by case). The preferable thing is to dispute it if you have time and energy because ultimately even if the charges, interest etc is in the "contract" does not make them reasonable, fair or in some cases even legal (and would likely be challengeable all the way to court as a result). Howeve
  6. Hi moonsa, Consumer Credit Agreement - template letter is on the site and you need to send a £1 postal order. If they do not respond with 12+2 days the account can be placed in dispute and is unenforceable until they respond appropriately. Even if they do respond (and particularly in this sector) the agreement will very often be flawed in some way - worth scanning to here (minus personal info) and letting the good folk here help you with it This is one of a number of tactics to allow you regain some control of these exchanges and start to sort out the liabilities in your favour. In
  7. :)Hello Lingylulu and welcome to CAG, Nothing wrong with your approach so far as an opening salvo - You have been honest, reasonable and polite. Unfortunately experience suggests this will not be reciprocated by most of these firms! Do be prepared for the barrage of contact and harrasing behaviour that is likely to follow. As a result in most cases your next communications should be at least of the type outlined by postggj (I have combined a telephone harrasment and doorstep letter in one) with confirmation of what you are offering because you know what you can afford to pay. Depen
  8. Hello Vjohn, Sorry to hear of your woes with QQ - no experience of them specifically but involved with to many others in this area and all to aware that these are standard tactics! If I read your post correctly they are in breach of their own contract in that they did not give you the "advance notice". Interesting that the contract says 3 business days when "industry standard" (according to the British banking associations web site) is "normally 10 days". I might well be wrong but I am not sure that the direct debit guarantee is actually law as such but even it is they rely on cont
  9. Hiya Aine, What Suzanne is talking about (apart from the dietary advice which like robjam I may follow as got to many of those lbs - ironic when I do not have enough £s! ) is snowballing and is one way of approaching this (although if you are going to do this I would still suggest start at the smallest and work your way up - starting with the one who penalises the heaviest or makes the most noise just perpetuates these behavioural extremes!). No problem with snowballing and it works for many but with a lengthy list of firms in this "sector" the path you are on is generally the more
  10. Hiya, Agree with Robjam, you are doing fine, keep emailing and stick to your guns :) Might need to get a bit sterner in your tone if they escalate things (we can help you with that! ) but for now language of both emails is courteous and non-combative so if it stays like that with them agreeing to your proposal then excellent! Just a thought, is this one within it's cancellation period? (usually 14 days from the loan being provided). If it is and if (I realise big if) you can find the funds from somewhere to chuck at them you should be able to cancel and just repay what they ac
  11. Hiya Robjam - not a problem, those of us who have been to the "dark side..." with these firms all appear to have similar themes in terms of finding a path back - I think it helps (both from a support point of view and validating the suggested course of action is likely to work) if a number of us are giving similar messages! It seems like an eternity ago that I finally put my head above the parapit on CAG and asked for help but it is a matter of short months. Although part of a much wider mess this "sector" are particularly vexatious and devious when things go wrong and if I had not had t
  12. Hiya, Keep going as Robjam and Riddick have suggested (depending on how long you are functioning with the "at risk" account versus the parachute account). The banks are increasingly deflecting any issues over these companies claiming payments on cancelled cards or direct debits as "commercial dispute" between you and the company. As Robjam says whilst you would have claim agains the bank it is complicated and time consuming - better to stop them getting their mits on it at all! Riddick is also 100% correct with these firms - standing order always payment of choice (followed by cheque dr
  13. More expertise to assist you baldwelder - trust you are well Vint (Baldwelder Vint has held my hand with Halifax CC to what is looking like a positive result ) Did not perhaps express myself so well but was intimating exactly what Vint says - whilst Halicrap shoud at least have the courtesy to respond confirming their position the CCA request could have been ignored as in fact it would not have been relevant to the current account/overdraft (my understanding being, hopefully not flawed, that this would not be covered as an "agreement" under the consumer credit act). It might also (unfortu
  14. Hiya aine and welcome to CAG, Excellent advice from Robjam (as always). Main principle is try not to worry to much, stick to your plan having worked out what you can realistically afford and do not let them bully you. Strongly agree about the parachute account (in fact when you have long list of companies of this type it almost a must for salary/normal banking as it will give you a lot of control back). Remember you want the account in a different banking group to the one they have details for (so the bank cannot "offset"). My own experience of a number of those that you mention is
  15. And talking of experts Cerberusalert beat me to it - one of the many experts here who has become required reading on my journey back from the "dark side"
  16. Hiya, Not a problem, always a personal choice about how much (or little) to scan up here but very often is the best way of having folk provide best advice and have been helped with a number this route myself already! Need more info around date sent, date you have to remedy by (and ideally if you have the envelope) so that folk can try help further (this was the basis on which my DN was adjudged faulty). I do not think CCA request will be relevant for overdraft on current account (but may stand corrected) but you may well still have basis for further action dependent on the answer t
  17. Hi Baldwelder, Welcome to CAG. Is this a credit card? First thing is worth posting the DN up here (minus personal details) - good chance it will be faulty in some form! (mine was! ) Others more experienced will be along but I would think re-send account in dispute letter (recorded), along with complaints to letter to them (and copied to FSA/OFT). After this depends on how far and in what direction you want to go (militant v moderate) - you can withold payment pending their resolution of your complaint/a valid CCA for starters! If they terminate on the back of a faulty DN you can ac
  18. Good morning Evil Scotsman and welcome, Further to the sound advice from Bub 1 and Robjam: Although less likely now you have "lost" the card there is a risk that they could still try and draw funds from it and equally that this will be successful. If not already make sure the bank are also told not to accept any attempts to take payment by any of these companies I think from the three you have Wonga particularly are a bit unpredictable - many on here have managed to come to an arrangement with them but I have seen some horror stories as well. There are various contact detail
  19. And Scarletpimpernel - got sidetracked at work so delayed in posting!
  20. Hiya, Top advice already from Katpuss and 42man. The "cheques act" 1957 - obscure piece of legislation (amended 1992). My best reading of this is that all it actually does is provide the company providing you with the funds some protection against your claiming they did anything wrong or showed incompetence in paying you funds against the cheques!! I can find no mention of fraud in either this or the bill of exchange - as Katpuss says you have a technical breech of agreement with not paying as arranged but this is no more severe than if they cannot provide proper evidence of assignment (
  21. Hiya, My understanding is that once the 12+2 days is up then you can move on to the next step and put the account in dispute (this is what I am doing and seems to be working - might have it wrong, others more knowledgeable than me will be along!). There was something about a further 30 days and they were committing a criminal breach of the relevant act - think this is now not the case but not completely clear if there is any particular stipulation as to the 30 days but either way does not stop you acting after the 12+2 days. There are circumstances where you might want to
  22. Sillygirl 1 offers you an equally viable course of action which would in fact be better in certain circumstances (and much less of a moderate than me ) I think the point is that very often there is no one size fits all for these problems - take your time to decide what is right for you and what you are looking to achieve then stick to your plan
  23. Hi, You are getting into areas where I am still on a very steep learning curve myself so not the best person to give advise - worth reading a number of the stickys in the forums and threads by any members of the site team (all good stuff, to numerous to commend individually) as well as a number who helped me in my darkest hour (they know who they are ). The approach that is working for me at present (and this is only what is working for me, does not mean it is right or wrong) - In most cases I will be paying back a sum owed to a creditor and acknowledge this to them. However what i
  24. Hiya, This is a very personal choice - I have used them alongside the advice I have been fortunate enough to gain from finding the wonderful people here but it really takes some time before they are taking any of the heat for you (in fact not worth doing for this alone). If you have a look around there are mixed views (primarily because very many folk seem to have experienced that they are not very receptive to people challenging their debts - general principle for them seems to be that the debt is acknowledged and paid). There is an approach around snowballing which would also work very
  25. You are very welcome - will always try and help (and it was a quiet night shift!) Keep folk posted and best of luck
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