Jump to content

 

BankFodder BankFodder

frankzappa

Registered Users

Change your profile picture
  • Content Count

    8
  • Joined

  • Last visited

Community Reputation

1 Neutral

About frankzappa

  • Rank
    Basic Account Holder
  1. Hi I wish to ascertain whether I am able to bring a legitimate complaint against Egg for a possible breach of OFT guidelines. I am currently in dispute over a credit card debt owed to Egg. I am in the process of reclaiming PPI and other charges and am therefore disputing the amount owed. Egg have recently sold the debt to Apex Credit Management before the claim has been settled. Does this action constitute a breach of OFT Debt collection guidelines? Specifically, 'deceptive and/or unfair methods' 2.8 "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."? Secondly, I believe that Egg did not pass on information to Apex that the debt was in dispute. Would this be a breach of guideline 2.6 "not ensuring that an adequate history of the debt is passed on..." ? If these are breaches would these be sufficient for me to bring a formal complaint against Egg? Any advice would be greatly appreciated. Many thanks & keep up the good fight!
  2. Hi I sent an enquiry to a general info e-mail address on the Home Office website (commsdata@homeoffice.gsi.gov.uk:). I've copied and pasted their replies below:- Me - " Dear Sir/Madam I would like to know if it is legal to use a taped telephone conversation as evidence in Court? I am currently being harrassed by a debt collection agency and understand that I am able to record their telephone conversations for my own personal use. Does this extend to being able to use this as evidence in Court? Any advice you can give would be greatly appreciated. 1st reply - It is legal to use a taped conservation in court, if you obtain consent from the other party ( in this case the debt collection agency) you are recording that you are intending to use it as evidence in court. Hence it will be illegal to use the taped conversation as evidence in court if consent from the other party is not obtained. Regards Commsdata and "Further to my enquiry, do I need consent for a transcript of the conversation to be used as evidence in court?" Their reply - " Yes consent would need to be obtained to use a transcript of the conversation as evidence in court, as the same principles apply. Regards Commsdata I'm not actuall being harrassed by a DCA at the moment but am 'preparing the ground' as I think I might be and will be recording calls if I am. Just wanted to be absolutely shure of the legal position in case this kicks off.
  3. Hi Have been reading with interest about the issues around the recording of telephone calls. Apparently, to use these as evidence in court you would need the permission of the person/organisation you are recording (confirmed by Home Office). Obviously, no DCA is going to do this. I have heard that a transcript of the conversation can be used as evidence. Does anyone know how this can be achieved or in what circumstances transcipts can be used as evidence. Has anyone had experience of this?
  4. P.S. I'll try and upload an image of their response letter once I've worked out how to do it!
  5. Hi This was the text of my letter (based on a template from this site): Dear Sir/Madam Account No: 4265 6590 0010 4815 With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied and any amounts refunded to the account. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose payment of £1 which represents the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. I look forward to hearing from you. Yours faithfully They got back to me within the allotted time. The documents they sent was a copy of their current terms and conditions, not the T&C's that applied when I originally signed up for the account. Also included was a copy of my signature on part of the original application form.
  6. Many thanks angryandy. I sent them a cheque for £1.00 (which they've cashed). Should I re-request and ask for written clarification if they haven't got it and then hold the account in dispute?
  7. Hi New to this site and this is my first thread. Wrote to Monument with a CCA request and what I got back was a copy of their current terms and conditions, i.e. not the terms and conditions from the original credit agreement that I signed, and a photocopy of part of my original application form. What I want to know is: 1. Does their response comply with a CCA request ? and 2. If it doesn't then is their credit agreement with me unenforceable? (assuming they won't supply me with a true and signed copy) Any advice would be greatly appreciated.
  8. Hi New to this site and this is my first thread. Wrote to Monument with a CCA request and what I got back was a copy of their current terms and conditions and a photocopy of part of my original application form. What I want to know is: 1. Does their response comply with a CCA request ? and 2. If it doesn't then is there credit agreement with me unenforceable? (assuming they won't supply me with a true and signed copy) Any advice would be greatly appreciated.
×
×
  • Create New...