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DoubleU

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About DoubleU

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  1. Thanks Hefty - I didn't mean it the way it looked. If that was on the cards, you would have to come round and revive me with some smelling salts or something stronger. I agree, and I will ignore it. I am sure if they are in the process of taking action, it would not result in anything under the current circumstances. Having just had another look at the letter, I just realise that there is a heading in bold capitals. It reads: YOU HAVE INFORMED US OF THE SALE OF YOUR PROPERTY. This is of-course wrong. I have done no such thing. I told them I have put it on the market, so, I have to draw the conclusion they are jumping the gun and are getting in a panic, in case I sell the property without paying off the mortgage. Ridiculous! Because, the way the system works, that is impossible, unless you have a crooked conveyancer. Yeah, I wish . . . . Sticking the whole 250 grant in my pocket would be really nice!!! So, back to earth with my feet on the ground, I shall ignore it for the time being. Thanks again Hefty, regards DoubleU
  2. Thanks Hefty - I could not put that better if I tried. I think they are just nosey - not only that, but if at all they would press for reposession - of which there has been no indication whatsoever - they would have to go via the court. I believe that any court would not entertain their case, bankruptcy is simply out of the question, I have wondered whether I should apply, but received a definite NO!!) a) because of the government instructions for reposessions and b) I will be able to pay one and and a half times the standard mortgage once I receive my full wage. I just held back on that, because I also have other bills to pay, so I need to sit down and work it out. (I thought that was the responsible thing to do rather than make promises I may not be able to keep) I am still in the position where who screams loudest and has a case (i.e. has delivered valid credit agreements), gets the money first; AFTER the mortgage, utilities counciltax and whoever goes first - only then will I calculate how much arrears I can pay off. I agree that they can see how much it is on the market for on Rightmove or any of the others. I am on all websites via the estate agents. They know the address, they know the morgaged amount including arrears and they can find out about other charges that may or may not be on the property via the land-registry where it is all recorded. So, I tend to agree that either they are presumptuous or nosey or just plain lazy and that I should do the work for them. I was just trying to find out whether legally I am obliged to give them this information. The answer there I believe is a firm go away followed by: "what part of F.O. don't you understand?" (I wouldn't do that really but it is a nice thought) Thanks again Hefty you've been a real help. I hope you don't mind if I come back with more questions. Earning money does not mean I will pay whatever they alledge they should receive. That much I have indeed learned from the caggers. I certainly did NOT discuss with the Halifax who it was on the market with or whether I should supply them any information. I think their letter was an afterthought, because otherwise they would have asked there and then. Thanks again - really terrific to have this sort of re-assuring support. Bye DoubleU
  3. Good morning all! Working on the SAR's and these will go out today or tomorrow. First the good news: I am starting a well paid job on Monday. Hooray! peace at last????) In the meantime I have a small question. I have been talking to my mortgage bank (Halifax) regarding the arrears I have. I have informed them that I will start work on Monday 17th, and that as soon as I know how much I will receive net in my wage packet, I will contact them to make some sort of arrangement about the removal of the arrears. During the conversation, I also told them that my house has been put on the market (kids have fled the nest and only my wife and I left) Then to my surprise I received a letter from the Halifax in which they ask me to supply them with the following information: Name and address and telehpone number of the estate agents Name and address and telephone number of the conveyancer Full authority to the estate agent AND conveyancer to give them authority to speak to them about the sale In the opening paragraph they say: Quote: As discussed, you must let us have the following information within 10 business days from the date of this letter. Unquote. There is more than plenty equity in my property to pay everything I owe twice over, even if the value goes down another 25%. It's just that as a result of me being made redundant, I have not been able to pay my bills and in the process received a credit rating worse than Greece. So, I can't remortgage, I can't borrow, I even had a problem opening a new bank account!!! I would welcome anybody's comments, positive as well as negative. With my current state of mind and my opinion of any company that is involved with the financial markets, I don't trust them as far as I can throw them. So, please, what does this mean, are there potential implications if I ignore this etc etc Thanks once again to all of you regards DoubleU
  4. Hi all, First, Hefty Hippo - I am sitting here red faced - No I have not sent a SAR to Barclays, but in the meantime I have sent out the reply to Mercers. I have had a lot of problems over the past 5 weeks and somehow this (and there is no denying that this is more important) took my eye off the ball. I just hope that I will not pay dearly for my stupid mistake. The SAR WILL go out to Barclaycard this week. Then I also received a letter from Westcots, who have inherited a different case (but exactly the same situation) from Robinson Way, after I sent Robinson Way a letter telling them that they were in default for not sending me a copy of the original Credit Agreement. I understand that Robinson Way dropped the case and the Halifax passed it on to Westcot. So, I will send Westcot the same letter as Mercers to keep them busy and also prepare a SAR request from the Halifax. Only one question: What is the address of Westcot? On their letter it only gives a PO Box number and a postcode. Not even a town!! Postcode is HU2 8HF. Thanks guys, I cannot do this without your help and support DoubleU Blanked Ltr from Westcot 7 May 2010.doc
  5. Hi peeps, Well I never . . . Just as I am about to settle down, and in comes the mail. Attached letter received from Mercers. I suppose the action required now, is to send them this? ACCOUNT IN DISPUTE Date: Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I am in receipt of your letter dated XXXXX This account is in dispute with **original creditor** and has been since DATE . Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My previous dispute from **DATE** has NOT been answered. As **original creditor** are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default,enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. I now respectfully suggest that this account is returned to the **original creditor** for resolution of these defaults and breaches, as **DCA** cannot lawfully pursue any enforcement activities. If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards Office, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading’s Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I appreciate your due diligence in this matter and I am look forward to hearing from you in writing. Yours faithfully DoubleU Thanks guys regards DoubleU Blanked Mercers ltr dated 6 may 2010.pdf
  6. Hi debt4get, Thanks for your very swift reply. You confirmed what I thought, just hope you will understand that I am still very insecure, especially when a 'new' DCA calls. Although I did not think of Mercers as an integrated part of Barclays, I was aware of it. I just wonder whether, since they present themselves as 'independent' I need to deal with them on an 'independent' basis, whilst in the knowledge that whoever I speak to at Mercers, probably only has to walk 20 yards to speak to all the people I have corresponded with over the past 4 months. Anyway, thanks for the advice, it will certainly be followed up, I feel a little more at ease now. Best regards
  7. Good morning all, Below an update on my continuing communications with Barclays. 3 more letters that I should comply, but nothing sent to me that even remotely looks like a credit agreement. I have not ignored their letters and have replied each time that they have not complied with my request under the CCA 1974 and that as a result the account remains officially in dispute. I have also complained to them that the issue is dealt with by a different person on each occasion and that I do not feel confident that that is the best way to deal with my request. All the letters have the same content. Every time I wrote, I carefully expressed my doubts as to whether Barclays does indeed posseses a copy of the original agreement, and that as a result of their consistent refusal to forward a copy, my doubts whether this is indeed in existence only grows. I have even offered to send them a stamped addressed envelope so their costs of sending me the agreement is covered. However, last week there was one small change. I have received 2 phone calls from Mercers, who told me they were acting on behalf of Barclays. On both occasions, I have told Mercers the following: 1. Barclays have not informed me that they have appointed Mercers as their representatives and as such have not acted in line with their obligations as a bank. 2. If Mercers have indeed been appointed by Barclays, can they please write to me and not phone. 3. Barclays is in default as a result of not supplying me with the correct documentation that I am legally entitled to under the CCA 1974, and that the account is therefore officially in dispute. 4. If Mercers wishes to visit me at my home address, they would have to make an appointment, and that I have no intention of making such an appointment, and therefore can they please write to me. After that, all went quiet. Questions is, what do I do next? I feel that I cant write to Mercers because I don't know their address, nor their reference number, and that writing to them could be construed as some form of acknowledgment of their legitimacy of their current actions. Should I write to Barclays and complain about their current actions whilst not complying? Any advice is of course greatly appreciated. Thanks guys, any advice is of course greatly appreciated DoubleU
  8. Hi, Thanks very much for that, I will certainly do that today and see if I can catch the postman. What you say certainly makes sense. Let's see what they will come up with next, although I don't think it will be a copy of the signed agreement after having been sent a CCA and a letter stating the debt was now in dispute because they were in default. Let's see . . . . Thanks diddy!! regards DoubleU
  9. Thanks Diddidicky that tells me I am running ahead of myself and I am in danger of acting prematurely. (that's what unfamiliarity does for you) So, I need to go back a few paces. Apart from the letters that I have received from Barclays, containing a lot of blurp saying that this is all they are going to supply me with (the T & C's that are attached) They have supplied me with nothing that even carries my name or address, other than a monthly statement dated March 2010. Although I suspect these are original 2004 T & C's there is absolutely no proof that they relate to my agreement. No cover sheet, no agreement just blurp that under Casey V HSBC that is all they are required to send me and that is the end of it and can I please pay up now. Can you confirm that I do absolutely nothing or keep telling them they have not complied with my CCA request? Please advise. Thanks in advance DoubleU T&C's FROM Barclays reply to CCA.doc
  10. Right, I found the tunnel, there is electricity, but my light is only flickering, So, this is what I understand: You send a CCA and they send a reconstituted agreement and start putting the pressure on again. Unless you want them to take you to court and take a chance that they will produce the original signed agreement in the court (doesn't look good for you) you need to do a SAR in order to make sure that they do not have the original (right??) Then you know for sure, and if they don't supply an original signed agreement in reply to a SAR, then there is little chance they will produce it if or when they take you to court? I do need to get my head around this, because I am getting reconstituted agreements and need to decide what to do next. Best thing would be an SAR and keep the debt in dispute for as long as they do not reply or supply the original signed agreement - once you have this, you can go into the discussion on whether it was executed correctly or not. If that's then all OK, you are in trouble, because there is little left but to pay up. Please confirm/correct/amend or adjust where necessary. Thanks DoubleU
  11. I have just been reading through this thread and I am getting more and more confused. On the one hand, I am told that as a result of the Carey V whoever it was case, the creditors can send a 'reconstituted agreement without a signature and yet I am still reading discussions on whether the documents supplied have the signatures in the right place and or whether they were properly executed or not. Surely if indeed a reconstituted agreement is sufficient for the courts, they can dig up a set of T&C's, put your name on it and that is the end of the whole affair. No further defenses - just pay up. On the other hand, any financial plonker can dig one up, put somebody's name on it and you have to pay. Can somebody please explain where my thinking pattern is askew or plainly nuts?? Thanks in advance DoubleU
  12. I have just been reading through this thread and I am getting more and more confused. On the one hand, I am told that as a result of the Carey V whoever it was case, the creditors can send a 'reconstituted agreement without a signature and yet I am still reading discussions on whether the documents supplied have the signatures in the right place and or whether they were properly executed or not. Surely if indeed a reconstituted agreement is sufficient for the courts, they can dig up a set of T&C's, put your name on it and that is the end of the whole affair. No further defences - just pay up. On the other hand, and financial plonker can dig one up, put somebody's name on it and you have to pay. Can somebody please explain where my thinking pattern is askew or plainly nuts?? Thanks in advance DoubleU
  13. Well, as I said, I follow your advice, and what you are saying makes sense. So, here's to my first SAR. I am saving a bit on suspended payments, so a tenner for a SAR is not entirely wasted. I was wondering when I would have to go for that, and now is the time, by the sound of it. I already have a template, so I'll fill that in and send it off tomorrow. Worrying, but we'll have to adopt the 'stiff upper lip' attitude and go for it. I'll keep all of you posted (of course). By the way Hefty, they have not sent me a reconstituted agreement - just 3 sets of T&C's (mind you, if that is a re-constituted agreement, then they obviously did. With the exception of all the copies of the T&C's, you have seen everything they have sent me. Thanks DoubleU
  14. Hi Senior, I decided to leave the 'harrassed' bit of, because you are obviously much more knowledgable on this subject than I am, and therefore much less 'harrassed now(?) Well, I'll follow your and all cagger's advice in the believe that you guys know what and what not to do, and in the process eliminate another sleepless night. Thanks to all of you once again. Best from DoubleU
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