Jump to content

Zorro01

Registered Users

Change your profile picture
  • Posts

    251
  • Joined

  • Last visited

Everything posted by Zorro01

  1. Cheers all. I will just bide my time and see what happens. I think they are just grasping at straws. Oh well the interest keeps mounting so I am happy.
  2. There is some hope though. I for one have been going at it with 3G mobile for several months and then all of a suddon when I sent off my "your going to court letter" I got a lovely call from the cheif execs office where they apologised for the mix up (it wasn't a mix up) and removed ALL entries ever made against the account. I then got an apology letter from the cheif exec himself. I got all governing bodies envolved in the telecoms industry breathing down there necks and I think the just wanted rid of me. I think it is a luck thing and if you letter gets past to the right people. On the other hand, Littlewoods who I am dealing with stated that they have an obligation to warn other creditors of my spending, borrowing, non-paying paterns even though they have admitted no CCA. Food for thought....
  3. Right all, As above I LBA'd them and then I issued my POC at court. The court have now issued HSBC jokers with my POC. HSbc solicitors have acknowledged service at the end of last month. It says that HSBC are intending to defend all of the claim and they now have 28 days apparently until they file a defence. Is this normal and if so what do I have to do next? Do I just wait 28 days and if they haven't filed a defence do I just call the courts and get them to make them pay or what. Truth is I do not know exactly what they are trying to defend for??!?!. Any ideas?
  4. ignore this - just trying to get my sig working
  5. Just got off the phone with them - they said they can only send incomplete info for now and send the rest at a later date. I am not happy with that answer and feel they are really dragging their feet now. Coinsidently the info they say they can't send is the only bit I really need which I feel is more than just a coinsidence. SO far I SAR them 22/05/09 Spoke to them about something different on the 05/06/09 - They said they was collating info and it will be out to me shortly. Spoke to them on the 14/07/09 and sent letter before action. They called around the 17/07/09 saying the SAR will be with me no later than the 30/07/09 and could we set that as the new deadline before I act on my LBA. I recieved offer of full and final payment a few days after the discussion regarding the amended deadline. I called them today and was told they haven't got all the information yet. I asked how long I would be waiting they said - We don't know but we can send you part of the information you have asked for (not all of it) relating to one of the accounts and they blamed it on "we are having to scan in all of the info for all our customers etc. I have been more than reasonable with HFC and now they can't even tell me when I will be recieving the information. I am going to act on my LBA and try for a court order. How do I do this?
  6. Thanks S I am so ready for taking them to court. I will look into it. Also I would like to know how to go about getting a court order to get HFC bank to send me my SAR. see here--> http://www.consumeractiongroup.co.uk/forum/hfc-household/209351-wheres-my-sar-hfc.html Do you have any knowledge of how to kick start this. I don't know where to begin and you have been around the forum much longer than I have and I could really do with some advice on this.
  7. what about cpr route. is this a viable option?
  8. If they have not sent you a CCA in the alloted time frame then you could do two things. Send them as you have rightly said another account in dispute letter (also include your previous letters for their reference) send it recorded or special delivery, don't sign your letter. And say that whilst the account is in dispute they can not enforce the debt etc. Secondly you could report them. I know HFC is bogged down as I have been waiting for my subject access request since MAY!!! If you want to you could just do nothing and see what they come back with.. Keep an eye on your account to see if they start applying charges etc because they can't apply them if the account is in dispute.
  9. They have since told me they have got to register the info with the credit reference companies as a duty to other creditors. I don't buy that for a second and I feel that they are just doing that out of spite. I will be checking my credit file and if they have changed it to say DEFAULT then I will be dragging them through the court. How can they get away with registering info with the credit companies WITHOUT a CCA? Can they actually do this???
  10. This just keeps getting stranger and stranger. The other week Barclaycard sent my a final response to the CCA problem as you have read above. Then yesterday I recieved a long letter from Barclaycard. "I write further to the letter whereby you note disatissfaction to the documents you recieved in relation to a request made under section 77 / 78 of the consumer credit act 1974. Firstly credit cards are regulated under section 78. Section 78 (1) states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letter of which we sent in response to your section 78 (1) request to cover the issue of executed agreement. "HOW DOES THE ACT DEFINE AN "EXECUTED AGREEMENT"? "executed agreement" is defined in section 189 of the act as "a document signed by or on behalf of the parties, embodying the terms of a regulated agreement". "WHAT DO THE RULES SAY ABOUT PROVIDING A COPY"? The consumer credit act (cancelation notices and copies of documents) regulations 1983 ("the regulations") made under the act deal with how we are able to provide a "copy" of an agreement supplied to a debtor should be a "true" copy. Regulation 3 (2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy. it then goes on about what happens if the origional agreement has been varied since origionally signed etc "CONCLUSIONS IN RELATION TO THE DOCUMENT WE HAVE TO PROVIDE" A "copy" of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by regulation 3 (2) of the consumer credit (cancellation notices and copies of documents) regulations 1983. The definition of "executed agreement" refers to a document embodying the terms of the regulated agreement. When this is read with regulation 7 - for agreements that have been varied - a copy of the origional agreement would not embody it's terms. A copy of the agreement as varied would embody it's terms. it then goes on and on just really driving the point home about the varied / non varied agreements. "to address any issues about our lack of compliance with section 60 of the act. Section 60 relates to the form and content agreements. All Barclaycard credit agreements are in compliance with this. You may state that the application form which we provided you, for reference , when you made a request under section 78 does adhere to section 60. This is not a complete copy of your application form, but rather an excerpt to show you signed a contract with us. When you completed your application form, the document would have been presented to you in full, in legible form, and would have adhered to the requirements under section 60 olf the act". "I hope this letter has helped with your concerns about the documents you have been supplied with under section 78 of the concumer credit act 1974. As our response fulfils the obligation under section 78 of the act, you should carry on paying the debt you have accured on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under section 78 of the act and we will carry on with collection services. If you send us further corresspondance questioning compliance with these areas of law, we are not obliged to respond beyond the statutory response we have already given you. We would require you to provide comprehensive legal and documentary evidence to support yoour claim to ascertain whether response from us is necessary. Yours sincerely Lynne T Barclaycard customer services. Anyone got any ideas on this? They sent a final response and some screen prints last time and now they are sending me this. The application form they refer to in the letter was doctored and LOADS of things wrong with it including dates being wrong (by two years) and they also sent me their current cca. Anyone got any ideas as what to do now???
  11. Right all, Just continuing on from my posts above and I thought you would like to know that I have still not recieved the SAR. I sent them the letter before action on the 14/07/09 giving them 7 days to comply or to contact me to discuss the problem to try and get some resolve to the matter. I was then contacted by the data protection manager on the 20/07/09 asking could we draw up a new deadline being the 30/07/09 and I was promised by them that it would be recieved by myself before this date. I didn't recieve anything from them and I am now going to act on my letter before action that I sent and issue court proceedings against HFC to get my SAR but I am going to need help with this as I have not done it before (other than for bank charges). Just to add, 2 days after I spoke with the data protection guy I did recieve a letter offering me a full and final settlement (equated to around 25% of outstanding balance) but this only made me more determind to get my SAR becuase they have been a bit naughty with my account as I have pointed out in other posts. Couple of questions- If I now go the court route and then I recieve the SAR say in a week s time or so then I will lose money (registering the claim at court etc). Is this a chance I will have to take or can I claim it back from HFC... Any advice on this please. What should I do. I sent my SAR to them in May on 22/05/09.
  12. send them the account in dipute letter in the templates section. that'll get them moving.
  13. Quote: no m8, that credit agreement above on my 1st post has my sig on it, i just blanked it out. so i know i am liable for debt, That isn't a valid CCA. Infact it is far from it. You are not liable for any debt and if they have made a mistake and got no signed agreement then tough luck for them.
  14. dont sign that form and don't send it back. If they can't provide you with a valid cca then they can't enforce the debt. In fact any letters you send to them send recorded delivery and never sign any of them! They obviously don't have a cca otherwise they would be waving it in front of you.
  15. p.s - make sure you send it recorded (that goes for everything you do in relation to these companies) don't agree to anything over the phone and get everything in writing. Infact just tell them to communicate in writing only if they start houding you. And please remember not to sign the letters you send only print it. Good luck. If you need any further help then just post.
  16. The way I would do it is. If they have failed to send you a Consumer credit agreement like you requested then the debt is unenforcable so I would send them an account in dispute letter from the templates section (amend to suit) and then it is upto you.... Pay them what you are paying now or don't pay them anything. They can't add charges and interest and they can't pass your details on to credit refence agencies or debt collection companies. the simple fact is if they haven't got a signed CCA then you can tell them to get stuffed and sit back and put your feet up. Maybe send them something like this. Account in Dispute Ref / Account number: Dear Sir/Madam Re: My request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. An unsigned credit agreement with no details relating to myself, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. You now have until xx/xx/xxxx to comply with my request. Should you fail to provide me with a true copy of a properly executed credit agreement by this date; your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me at the earliest convenience. I look forward to your reply. Yours faithfully PRINT YOUR NAME HEAR *DO NOT SIGN ANY LETTERS TO THEM*
  17. Go to the CCCS and then set up a token payment via them. If LW don't have a credit agreement then they can't demand payment and you don;t have to pay them a penny if they can't provide a valid CCA. By not providing you with the CCA makes the alledged debt UNenforceable at law. If they don't have it then they can't make you pay. I got them to write off over £5k worth of debt by doing this. They won't play ball though so be prepared for a fight. Send them the Account in dispute letter from the templates libaray and then await there response.
  18. i asked for the recordings as part of my sar but they failed to produce them. Any ideas on a letter to give them a nudge in the right direction and forward them to me??
  19. Took out the account in 2006 and I don't think I ticked any boxes as it was merely My name address and contact number then within say 20 mins I had a guy call me back to go through my details, and boy was he pushing the card protection thing. The thing is I am probably going to have to accept now that what they have is legit and go for all my charges and card protection monies back as I can not prove that the guy on the other end of the phone didn't fill in the details for me including ticking legally binding boxes. The screen prints I have from BC look similar to a database I use to use; Kinda like a tool to assist me (or the BC customer service guy) whilst dealing with people over the phone in a manner of data inputting. It is going to be real tough I feel to argue this in a court though I feel so would you recommend that I just go after the charges etc including PPI like I origionally planned or should I fight this one out giving all the facts I have stated in this post including forged documents and numerous incorrect info relating to me? You can see my predicament - Its a tricky one this????
×
×
  • Create New...