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TheLion

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Everything posted by TheLion

  1. Thanks for the advice. Is TS 'Consumer Direct'? Can you phone them to make the complaint or just put it in writing like we are doing for the OFT?
  2. CCA request was sent in my wifes married name by recorded delivery in September. It's a long story...but as mentioned in the earlier threads there is no agreement, there never has been, in either my wifes maiden or married name. RW know this, that's why they continue to send mail in my wifes maiden name, they will not discuss anything with her in her married name. They also know that it is their duty to prove it, not hers, but as that involves them having to expend resources with the end result being that they still own an unenforceable debt, they are not going to.
  3. Another letter from HF today. They state that their client, RW, have instructed them to commence legal action, this can only be stopped if my wife contacts their office within the next 10 days either to pay in full or to explain why she cannot. Have also just finished writing a complaint to the OFT which includes all letters from RW & HF and all letters that we have sent to the cretins. Gonna send this off on Monday.
  4. Well, the calls stopped on the 15.12.09. Today we received a letter addressed to my wife in her maiden name from Horwich Farrelly solicitors. They state that their client, Robinson Way Limited, are now considering court action. Any ideas with regard to this? Gonna put a copy of this in with the complaint to the OFT for after Xmas. Also noticed that the OFT complaint form seems to be geared towards a 'third party' perspective. Do you have to use this method, or can you just write a complaint letter to them and include details of the situation?
  5. Hello. Got a debt with Cap1 and requested a CCA from them on 30.11.09. Yesterday (16.12.09 date that Debitas entered default with regard to CCA request) I received a letter from Debitas stating that they are planning immediate action. Today I have received a leter from Cap1 which contains terms and conditions in a leaflet and some more terms and conditions on the back of their letter that states: "Please fin enclosed a copy of your credit agreement as requested. In accordance with section 78 of the Consumer Credit Act 1974 and the Consumer Credit (Cancellation Notices and Copy Documen
  6. My wife has informed them of her name change several times, although all of their letters have continued to be addressed to her maiden name. They don't seem to want to acknowledge it for some strange reason. I think that they have always been 'certain' that the debt is hers but became 'uncertain' when confronted with a CCA request, whereby they would have to prove it. As for the FOS...well I don't think they have done anything, as the 'prove the name game' started prior to any FOS involvement. All I can say is that they may be responsible for the last 7 (one more this morning)
  7. I couldn't say 100% that it was the FOS. Although they were the only ones to be given the number and have contact with RW. As it's exdirectory I think that there is a good chanch that it was passed on, I can't see how RW would have got it anyother way...only a limited amount of direct family have it.
  8. Thanks Silverfox. She has informed them in the past by letter, I think that they are just being ignorant. I think it's a 'plead stupid' sort of situation, they can't prove she is the debtor in her maiden name or her married name. They know that it won't make a difference if she did 'once again' inform them of her name change, which as you said, she does not have to. I just find it strange that they can quote the Data Protection Act with regard to not providing a CCA or complaint, but they seem to overlook it with regard to using a phone number of someone that they have
  9. Bit of an update on the situation: My wife contacted the FOS about Robinson Way not proving liability of the debt. They said that they would contact RW and ask them to prove that the account belonged to my wife. About a week after this a letter comes from RW stating that they need my wife to confirm that she is the debtor before they can investigate the complaint. We then sent a letter to RW stating that it is their job to prove that my wife is the debtor and not to contact her again until they do so. Things went quite for awile untill.. .RW started phoning us (
  10. Fantastic. Going to get a letter off to the Housing Association within the next week and see if this can be rectified. Thanks for the help.
  11. Hello. My stepmother is disabled and uses a wheelchair to get around. About a year ago my father asked the Housing Association (Guiness Trust) if they could have a ramp built at the entrance to their block of flats to make access easier. Their flat and all of the bottom floor flats are adapted for wheelchair users (lower light switches, wider doors etc.). The reply they got back was, "that they could not have one built, even if they paid for it and/or my father built it. The said cost of maintenance would be too much, and other tenants may slip on it. Also, new security doors are going t
  12. The last thing we did was to dispute two points: 1. That the rubbish they sent was an 'executed agreement'. 2. To inform them that my wife has never given them her permission to process her data. Their reply (which came on 03.11.09) to point 1 which sort of confuses me was: "With regard to meeting your request under Section 78 of the Consumer Credit Act. We are required only to provide you with a true copy of the executed agreement. We are not however, required to provide you with a copy of the executed credit agreement between us in the form of a photocopy of that docum
  13. My wife is having problems with Vanquis also. We requested a copy of her CCA from 1st Credit who were originally acting on their behalf. They placed the account on hold until they received the details from Vanquis, but in the meantime...Vanquis passed the debt to CARS to collect. We informed Vanquis (sent copies of letter to 1st Credit & CARS also) that they were in breach of the OFT Debt Collection Guidance: Physical/physiological Harassment 2.6 Examples of unfair practices are as follows: a) using more than one debt collection business at the same time resulting in repetit
  14. I will pass the advice on to my brother. Thanks once again for all of your help :grin:
  15. The case cost about £60 and he would like to get the dammage to his bass repaired if possible. Also, he noticed the dammage to the guitar a couple of months ago and thought it was down to the putting the jack in (not sure what that is) until he noticed the fault with the case. Any advice on where to go from here?
  16. Can anyone help with this problem? My brother bought a guitar case from an independent high street store about two years ago. Recently he has noticed that there is a fault with the product, a couple of screw heads have been scratching his bass on the inside of the case. He phoned the store that he bought it from and they told him that they are not responsible, and to contact the manufacturer. He has contacted the manufacturer and they have told him it is the shops responsibility. Today he spoke to Consumer Direct and explained the situation. They informed him that it is the respons
  17. Thanks for the help. We have been following the process on the 'moneysavingexpert' site and untill the court phase it was going quite smooth. Will spend a few days reading up about the court process...hope I haven't wasted your time.
  18. Hello everyone. We have threatened to take Cap1 to court over charges on our credit card. How do we go about this process using the 'Money Claim Online' site? Is it pretty straight forward?
  19. Thank you for the great advive. A pro-rata offer was made to them over a month ago but as of yet...no reply. Not sure what is on
  20. Hello. I have been helping my mother sort out a Marshall Ward debt. A CCA request was sent to Shop Direct Finance Company Limited (SDFCL) on 06.08.09, the reply stated that they could not locate the CCA but the debt remained present. A complaint was sent to SDFCL on 21.08.09 informing them that they cannot enforce an illegal credit agreement. The reply stated that they would not be enforcing it...but that the debt still existed and would my mother like to pay some of it off. Today (22.09.09) my mother received a letter from SDFCL's arrears collection dept. stating that they are goin
  21. They have been contacting her using her maiden name, although she has informed them in the past that this has changed they have chosen to ignore it. We are under the impression the OFT guidelines state that it is the job of a DCA to prove liability, not the other way around. She has made payments on the debt, but after contacting the National Debtline she realised that she has 100% never signed or even seen a CCA, therefore making it unenforceable. As far as we can gather, making blind payments on a debt that unknown to you is an illegal credit agreement does not mean you
  22. My wife has been contacted by Robinson, Way & Company Limited with regard to an alleged debt relating to her maiden name. We know that no CCA exists for this debt and it is pre April 2007 (around 2000/1). We sent them a CCA in request in her married name last week and received in this mornings post the same CCA back, including the £1 administration fee aswell as a request for my wife to prove her name change. 1. Can anyone tell me if my wife needs to prove this to them? 2. Does the returning of the CCA make it invalid even if it was sent by recorded post and was s
  23. My wife has an alleged debt with Studio. After asking for a CCA they sent through an agreement which had been completed by one of their staff which they wanted my wife to sign and return...she did not. Then, after complaining about this they informed her that the agreement would have been sent with her first order. Whereupon recieving it she was supposed to fill it in and keep it somewhere safe...not send it back. To date she has not received any confirmation from Studio that a signed CCA exists. After a further letter to Studio they passed the debt to iQor for recovery. My wife se
  24. Sorry about the small scans... I have tried to enlarge them although due to the poor quality of the original photocopy they are still very blurred. The main reasons behind my post might not involve posting the CCA's. I was really seeking clarification on the following. Please note that the loans were both 'handy cash' loans: 1. As the CCA's are both pre 2002 do they have to state the interest total/percentage seperatly as part of the CCA prescribed terms? 2. Can the agent also be the witness? 3. Does anyone know if the APR given earlier is correct? Hope that this
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