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About alfa1_steve

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  1. Hi All! Big Thanks to Pelham9 and Buzby There has been a few e-mails sent back and fourth between myself and o2. The final e-mail however had the information which i wanted: O2 have no signed contract O2 do not have the original default letters (true copys) O2 cannot provide me with a signature receipt for the telephone upgrade O2 do not have the upgrade telephone conversation recordered O2 are currently investigating why the first contract on my cra was removed So monday morning the ball will start to role with regards to court can any one provide any advise or assistance in this area, i have seen the adverts on the site for legal packs etc. I would again like to say the biggest thankyou to all who have commented but a special thank you to Pelham9 and buzby.
  2. Thank you for your reply pelham9 I just found it strange how the other credit marker from o2 has just disappeared into the abyss. The reason i suppose i did have a doubt was because i was naive enough to think a company like o2 would not make such a horrendous mistake or error, but i know i did not take out the contract, i just had a little doubt which i think is normal considering the amount of time that has elapsed. why do you think that o2 have picked up on this? As far as i am concerned they can read the forum if they want i have nothing to hide and spoke the truth. I will agree with you about the sar but you never know a little gem might be lurking in there somewhere. I think when career brake has started and i can spend time on the matter and ask for the following information a court date will be set and like i stated in previous post's i will take it all the way. many thanks pelham9
  3. Hi garden123 Firstly allow me to apologize for mis- reading your first post with regards to your wife. If your wife can prove financial input that is a huge plus and i think you may have the bank in a weak position, i have had a chat with a few colleagues about a hypothetical situation very similar to yours infact;) and they have come to the same conclusion as myself. If you sell the house now with out informing the mortgage company: First charge to your small loan = the lender will receive it's money first. Second charge your wife = will receive her rightful share. Money remaining = Yours The second possibility: Inform the lender of there blundering mistake: First charge to your small loan = the lender will receive it's money first. Second charge your wife = will receive her rightful share. Third charge = will receive what ever is left Money remaining = Yours From the mini debate we had a charge on a property is not based upon the amount of money owed but on a first come first served basis. Your bank is in a very weak postion as it would have to take the crumbs that are left. To be sure that my (our) conclusion is correct i will contact our companies legal department and ask a friend i know how the law stands just to be sure as i don't want to give you any false hopes. But to my mind you have half of what you want already, but you know the law it's sometimes as bent and as twisted as parliament. What i think would be helpful though would be a rough brake down of percentage that you think each charge will receive when the house is sold ie First charge 15% second charge wife 70% etc for each possible outcome. The reason for this is to try and judge what kind of a position the bank would be in. Also the name of your lender(mortgage) might be useful so we could ask other gaggers about there experience with them and common procedures and scare tactics etc. I will post later tomorrow approx 9pm or so.
  4. Hi garden123 "I have had the mortgage for 5 years. Due to business difficulties I am unable to pay my mortgage, tax or credit card debts." First things first garden have you spoken to someone like the citizens advice as bankruptcy may not be your only option. You could look at debt relief orders iva's etc. I would speak to the cab or another voluntary organization but do not call any adverts for iva debt management they tend to do what is best for them £££££ not you. "The house is in my name only. When a creditor registered a charge for a small amount we discovered that the bank that holds the mortgage had never registered a charge. My wife then registered a charge to try to protect her years of financial input into the household. We are not estranged." When did the creditor register the charge was it recent? and was it secured or unsecured the reason i ask is that a lot of loan companies are offering unsecured but reserve the right to make a charge over your property or assets. Have you contacted the land registerer to find out from them who has a charge against the property? Do not rely on other lenders Do you dispute your wife's financial input into the property as the property was in your sole name? "It is probable that I will end up being made bankrupt so my question is where does the bank come in order of creditors? If they have not registered a charge are they treated the same as other unsecured creditors?" The money you loaned from the bank was secured against the property so they will have first charge. It is a little complicated because they have not registered a charge against the property so in essence you are correct a solicitor would not know who to pass the funds too. This would probably turn into a big mess and lot's of court cases and i must say i have never known any one be in your situation so it is very difficult to advise. I have a lot of experience in the industry and the bank would have to peruse you for for the money in line with your other creditors they have 12yrs to hound you for the debt, if however you plan is to go bankrupt to make it all go away i feel you could face possible fraud charges as you know about the mortgage etc again very messy. You must remember what a charge is on a property it is in lam-en terms a way of registering an interest in the property it does not define ownership. How long have you and your wife been separated? The reason i ask is a lot of people try this approach for example but the court will see right through it as it is tried time and time again. for example Mr x owes thousands business fail's or he loses his job, in order to protect some capital in the property before going bankrupt they claim they have separated and his wife places a charge on the property. mr x wants all of his debts cleared under a bankruptcy order then himself and his estranged wife get back together and have money that was denied to creditors during the bankruptcy. They will look into your case very hard too as your estranged wife does not have her name on the mortgage they may require proof that she has contributed i bank statements etc money in accounts could be frozen. Although this is a unique situation i will try my best to advise.
  5. Hi Suetonius I fully understand the limitation act 1980, as geofthechef did not state wether it was secured or unsecured that is why i asked for clarification. "If the loan is unsecured the company is trying it on if its secured would need more details." This is the reason i asked for more details surrounding the loan if it was secured. Although the the lender can legally peruse the debt for 12 years i think it would be highly unlikely that all the correct paperwork was in place and all the correct procedures had been followed. Geofthechef state's that he managed to get the debt reduced from 50k to 1k, this would lead me to think the paper work was not in order and procedures had not been followed and if it where to go to court they would get nothing so better to accept some money rather than none? Please take time to read posts before replying to say your wrong.
  6. Hi garden123 I would need more information in order to advise. The lender can register a charge at any time so it does not leave you any way Who else has registered a charge and in what order? Ie the lender normally has first charge, secured loan companies second charge etc etc Why has your wife registered a charge is there an ongoing dispute?
  7. Hi Getofthechef What alphageek is refering to is a law which states they can only chase you for six years after that the money is gone. Only in certain circumstances can it be revoked. If you have contacted the loan company the six years would start again ie you got away for 5years 11 months and then you contacted them they can then pursue the debt for a further six years. If the loan was not secured that is was it? Why run from the debt anyway. As far as not putting your name on the voters role wether it be edited or not will not help you stay hidden. Every time you applied for credit you will show up and a tracing company will find you, also they can get a postal match on your name whatever the letter, royal mail supplies this. Any utility company ie n-power will pass on details to other company to help trace debtors. However you have managed to stay hidden for as long is unbeknown to me. If the loan is unsecured the company is trying it on if its secured would need more details. I must point out that i think what you have done ie running away from your debts i heavily disagree with and believe that this is the reason why apr are stupidly high, i will however advise you on your rights but would need some more info first.
  8. Zander that answer is not necessarily correct. steve76 who is your current mortgage provider? If it is a reputable one ie high street bank or building society i would contact them and ask if there is any deals that you can switch to for existing customers, fixed discounted etc. The reason an iva does not stop this process is that the loan has security and you are not taking additional borrowing. If however you want to change lenders the iva could be a problem as they would see it as a huge risk. However you existing lender already has the debt and as long as you do not want to borrow any money would make sense to put you on a new rate and tie you up for a little bit longer. Ask the bank/building society if they will credit score you for the new product if they say no do not mention the iva, if they say yes then mention it and whatever you do , do not go to a broker. If you have any more questions i would be more than happy to help.
  9. Hi Stranger2009_09 was this a business loan, personal loan or a loan to a separate entity ie a LTD company your boyfriend and his friend formed? Was payment protection taken out? If it was personal or business loan the following applies: The loan that was taking out between your boyfriend and his friend means that both are jointly liable and the bank can pursue either applicants for the remaining debt owed. The fact that your boyfriends friend has spent all the money means nothing to the bank they will not care. The banks probable course of action is to contact both applicants and start to peruse the debt if your boyfriends so called friend is out of work or something they will come after your boyfriend with both barrels as to them it would appear that your boyfriend has the ability to service the debt. If i was in your possession i would contact the bank and explain the dispute and offer all or a token payment until the matter can be resolved, if it where to go to court this would act in your favor no matter how little the payment. The problem with this loan is that your boyfriend could end up repaying the hole loan by himself. Please post back the information i have asked for and i will try and help and advise as best as i can.
  10. Hi All Does any one have any thoughts on the following point? "Another strange thing has happened also upon close scrutinizing of my credit file(normally only glance in case something has gone wrong like this) i have found that my old o2 account ie the 12 month contract has vanished and the only one that remains is this one?????????? Something funny i think. I have e-mail the cra and asked when this entry was removed and the reason." many thanks:rolleyes:
  11. Thankyou pelham9 and buzby for your replies. Pelham9 what you have said has made a lot of sense to me as before you put this logical statement to me for some reason i could not see the wood for the tree's. "If they cannot produce these they can do nothing and must look to their systems for the error - it could well be an identity theft. If they cannot produce a written or telephonic contract you can deny any debt and insist that they remove the erroneous CRA file simply because their was no account or default. If they subsequently try to recover the 'debt' in court you will defend on the grounds that no debt exists and counterclaim for removal of the CRA file AND substantial damages for libel. If they rescind the debt but refuse rmoval of the CRA file (how can they take this position!) you make a claim as in the counterclaim above. If they ignore you entirely after a reaonable time (say 10 days) you should take them to court not only to remove the default but for substantial damages." I think in all honesty although i have quite a complex job in the financial services sector and deal with contracts, compliance, FSA, Law etc this situation made me panic because of the consequences to my career. From looking back on the last 2 weeks it just seems like a blind panic with the feeling of helplessness, but as i said earlier in the post you have enabled me to see the wood. My career brake starts in 2 weeks as it has taken longer to find a replacement and she is currently shadowing me at the moment. The good new's is i have made a few good contacts within the legal department of the company i work for thanks to my boss, so hopefully they may be able to help. I think it is like you said lets get back to basics here get a timeline drawn up of events. Next port of call is to request this specific information while still waiting for my sar and see what they have? I know they have nothing because as stated in earlier post i did not upgrade and i have received no notices from them despite what the system tell's the staff at o2, they have not passed it off to dca although i think it will be probable to o2 to do so soon. Once i receive confirmation from o2 that they have no recording, contract signed telephone receipt etc then off to court If they have a recording which i know will not be me then off down to the police for a crime reference number inform o2 then to court. Another strange thing has happened also upon close scrutinizing of my credit file(normally only glance in case something has gone wrong like this) i have found that my old o2 account ie the 12 month contract has vanished and the only one that remains is this one?????????? Something funny i think. I have e-mail the cra and asked when this entry was removed and the reason. Buzby as you suggested i will now cross this out on contracts before entering in then and they will be read from start to end i can assure you. I am horrified as to how unregulated the communication sector is and hope that this will change but i am not optimistic. I am really pushed for time at the moment and will post a timeline with all information in segments. Well a big thank you pelham9 for focusing my attention on the real issues and as always buzby vital, respected view and input. Thank you really does not say enough, the time everyone has taken to write replies, offer help and advice to a complete stranger is amazing. As always any help or comments more than welcome and appreciated
  12. Hi Buzby Although this is not a cca agreement the ico rules still apply. When i have spoken to them they said the guidelines are worded in such a way that it does not only cover a cca agreement. I did not say that o2 are protected from the ico and dpa but that a standard response that i am presuming i will receive ie this is not a cca agreement is not acceptable and there for the ico guidelines about placing default etc do not apply to us(o2) . With regards to the letters i believe o2 should have true copys however they are produced, what ever they think they know. If they can not provide a contract how do they no i have accepted there terms because i allowed a dd from my bank? I don't think this is correct other wise there would be no point in having a contract in the first place. Terms and conditions might be on there website but i am sure these would have been updated after my contract was taken out and it does not have my signature at the bottom. If i have given permission for o2 to use my data then i should have the right to request them to stop recording information with third parties ie credit reference agencies. Because if not then what your telling me is a mobile phone company can to what ever the hell it wants to any of its customers and there is nothing they can do about it? Buzby as stated in earlier posts i respect your opinion because of the amount of years you have had in the industry, this is all very new to me and i need the problem resolved asap, so how about throwing me a bone and pointing me in the direction you yourself would peruse. I still believe my points around data protection ie asking them to stop processing information is a valid argument that i will look into further. Again thanks for taking the time to reply buzby much appreciated.
  13. Hi all In the last few days i have had a problem with the landline telephone which is needed to call my partner as i am out of the country a lot. I called virgin and to my disbelief found myself talking to some one in south africa who was not one little bit helpful just said there is a problem with the exchange and an engineer has to replace a bit of equipment and should be back up and running within 7-10 days. I then asked when virgin started outsourcing work as the only reason i chose virgin media and mobile was that i thought they only had uk call centers ( i like to buy products/services that keep uk people in uk work) he would not comment but told me virgin have contact centers in england(quite rightly so), south africa, india and manila. so i called and canceled my virgin media services, they tried everything to get me to stay but could not move all the jobs back to the uk so in 30 days finished. I then called virgin mobile to ask if they have call centers abroad to which they replied with the same list as above and i told them i want to cancel my contract which again they did want me to do but told them the reason ie call centers abroad and the team leader who i was speaking to said and i quote "The only reason virgin mobile/media outsources work is because of it geographical location and they can't find anyone to employ" HA HA HA HA HA What a joke i said so your telling me that in todays financial climate you can't find any one and she replied yes! I asked if this was virgins official line and she said she did not know? lol So all in all virgin media have lost £80.00 per month and virgin mobile have lost on average £900.00 per month. I hope that makes a tiny dent in the cost savings you achieved by out sourcing............
  14. This is the e-mail i have fired back off to them hank you for your e-mail dated 17 of june 2009. Further to our conversation you state that i must of used the telephone because my sim card was in the telephone and from speaking to my partner who has been with o2 for a number of years she explained to me that when ever she upgraded her telephone a new sim card was in the box. So your records may be correct and show my sim card as being in the telephone but because you do not require a signature when delivered how do you know with out doubt it was me that used it, because as stated earlier i am as sure as i can be that the contract was canceled and no upgrade was agreed to. A friend who used to work for o2 explained that it is standard practice to send a new sim card especially when the upgrade was a 3g telephone. From my memory you said the telephone i allegedly upgraded to was a w850i which is a 3g telephone and my telephone i had under contract with o2 was a w800i which is not a 3g handset. So o2's records may be correct it could of been my sim card that was in the telephone, the one you sent out with the telephone that you did not require a signature for upon receipt. I would suggest you contact the courier o2 used and start to ask some questions. During our telephone conversation you made no reference to the points i raised in my previous e-mail dated 28 of may 2009 for which i would like a response as to o2's position on the matter. The alleged upgrade started in january 2009 but o2 did not write to me to issue a default notice and then issued the default 1 year after the account was opened which is in breach of the information commission office guidelines as it states "Defaults should be applied in a timely manner ie within 3 months of the account going into arrears" and that "the data subject must be informed of the companies intention to file a default" I would like a written response to each point please. From doing further research into the matter i have found that your airtime agreement is not covered under a consumer credit agreement and because of this you may be under the impression that the ICO's guidelines do not apply to you but from speaking to them today i have found they do, so please do not state that you don't have to comply with the ICO guidelines as its not a consumer credit agreement as this will not be acceptable. You told me on the telephone that you have sent letters which i have not received and that they are sent automatically i would like true copys of the individual letters you have sent to me including the default notice. Because the contract i had with o2 was not covered under the consumer credit act it must mean that i have given permission for o2 to divulge my personal data to the three credit reference agencies i would also like a true copy of the contact i signed with o2 with these terms included. Under data protection act 1998 i am afforded principle right over my information i request that o2 now stop processing my information in relation to account 07906780571 and inform all three credit reference agencies to delete all information under the above account number. I would suggest that you seek guidance from your data protection officer and i also request a response in writing or via e-mail
  15. This is the e-mail received by o2 today. hank you for taking the time to speak to me yesterday. As discussed, I can confirm that we will not be deleting the adverse information applied to your credit file. This is because you agreed to a new contract when you accepted the upgrade we sent you in January 2007. Though I appreciate that you can’t remember agreeing to this upgrade, the phone has been used with your SIM card and it was taken abroad. I understand that you will be taking this further and you’re currently receiving legal advice. Once you’re ready to pursue your case, please contact our legal team. The outstanding balance of £841.66 is correct and we require full payment of this before your account can be closed. Please contact us on 0870 2203297 to make a payment. If you’ve any more questions about this, please call me on 0845 330 0684. I’m available Monday to Friday, 8.00am to 4.30pm. Alternatively, the department is open Monday to Friday, 8am to 6.30pm, and one of my colleagues will be able to help. Kind regards
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