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Everything posted by andrew1

  1. Yes it sounds like you can go for it without any problems. Just follow the FAQ's with your letters and they should supply the information. If they have passed it to a collection agency find out if the collection agency bought the debt from the bank first. It makes a difference. They ( the DCA) should have written and informed you it has been purchased by them. If not then you should get a statement from them of the account and charges added since they took over the debt, write to them and tell them the account is in dispute and they can not take any legal action. You can get the information from the bank even if the account is closed and Bobs your uncle you can start getting these unlawful charges back. (Sorry Alan, we seemed to have been answering at the same time, yours popped up whilst I was typing!)
  2. Thanks Neil, Yes I have been studying the site for months now and have already gone down the route of getting all the statements and working out all the charges. I think I'm fairly well set up for this but angry with myself more than anything for getting caught short for these two current charges. I can however, turn the negative into a positive and try to extract some precise wording from my telephone conversation on Tuesday. I work in recruitment and interveiwing is part of my job so if I can help others by getting on tape a few questions answered it might help! Just getting the terminoligy right is the first step and I've got the weekend to structure questions. There are some classic pieces on this site I wish I could roll out the way the posters have worded them but trying to find them all now is going to take a bit of time. I have a few though.
  3. Is the business still active or has the company closed? Was it a Limited Company or not? I think if it was liquidated you are not going to get charges back because the company doesn't exist any more. I was trying for a mate of mine who had a Bank of Ireland account and the charges ruined him but as the company was effectively dissolved, it wasn't liquidated but he just ceased trading through it and got de-listed at Companies house therefore he couldn't claim. Unless someone can tell me differently.
  4. Carried out the prescribed instructions with DPA, sent in letter requesting repayment -got reply from Marc Winder will come back in 4 weeks. Letter going back requesting response in 14 days. I have a cheque banked which clears 31st but a Direct Debit and a small cheque actually made payable to Abbey! presented which would take me over the limit. Abbey cleared both but charged me total £50 fee for clearing a cheque whilst insufficient funds and for clearing the DD. Having phoned and spoken to people in India I asked them to refund the charges only to be given the T & Conditions argument. I have told them the story about it being unlawful and the woman insisted they are to stand so I have organised a phone back with a manager on Tuesday. Managers had all gone home (? what?)and it's a bank holiday on Monday so Tuesday I'll be recording their answer. Anyone got any questions they'd like me to ask? I asked her if she knew that charges were unlawful but she wouldn't give a yes or no answer, with a little bit of preparation I can get some answers on tape if we need to. I am ready for this one!
  5. I had a credit card where the interest was charged at 1.873 per month. 22.476% pa. starting in year 2000. The money used is effectively the overdraft ie 500 limit 450 used. Late payment fees £18. Returned payment ( cheq) £25 - Total charges £295up to 2003. Can I work out the interest on 1.873% and include that in my claim or do I have to leave it to the charges only and hope to get the 8%? innit!
  6. I'll join you, Marc Winder's been a busy boy at the photocopier - mine sounds as dreadfull as yours, maybe they are making more copies out of the ink cartidges. 14 days not 4 weeks. Keep you posted
  7. You sound like one of these banks... I set up the original thread and you haven't asked me!!! - obviously didn't get your letter!
  8. Quote: Zena "Thanks for the observations, and comments, but I will fight the good fight until I can no more." You are right of course, all these things you say, but don't lose sight of the important things in life. Time will be gone before you know it and so will your loved ones. Then you'll think to yourself... that bloke was right! Sorry back to the point...
  9. Oh Anna Marie I wondered where you went! Cabot - Dear Cabot. One of my earliest posts said we ought to have a Cabot thread and here we are - well done! I wrote to them on 10th April DPA request with my £10 cheque, clearly stating on both cheque and letter it was DPA request. The cheque was banked 13th through my account. I sent them a LBA on 22nd May and on 23rd received this: " We do not appear to have received a written request for a Subject Access on this account and we were therefore unaware of your requirement. Our records show that a cheque for £10 was applied to your account on 10th April which we assumed was a payment due to lack of covering letter. We are currently processing your Subject Access Request and this will be sent as soon as possible. We thank you for your understanding in this matter. BULL SUGAR!!!! Do they think I sent the cheque on it's own? I haven't shown any understanding either and won't - they gave me none when they first got the debt so none coming back! - letter gone " clock still ticking ". I'm gonna love having these b....gers. Actually, knowing them I reckon they just don't know how to handle this. They are well known for their Administrative weaknesses other than sending out standard letters 1 2 3 etc. so I think both you and I are going to be joined by many others with similar stories. I've heard nothing yet so I will come back with interest ( so to speak) to see wwhat responses you have had too.
  10. Mr Johnson, this makes for terrible reading and most people will just not understand what you might be going through and have gone through when you have been wronged, lost everything and feel the world and his dog is against you. I had a business once, quite a big business that went belly up after ten years of building it because of a stupid and unnecessary eighteen month tax investigation ( I had nothing to hide- I was just one of the unlucky ones they picked on! ). It took all my time and energy working until 2 in the morning and back at 9 the next day, I couldn't concentrate on the business and I crashed. The fall out of that is that you feel there is nothing left, you have lost everything 'you have no future' bankruptcy the shame of it, failure god, don't you feel you have failed? Depression, in fighting at home, blame, fighting everyone government departments, solicitors giving duff advice, liquidators hounding you for every bean they can, you are out there to get justice - I've been there too, got the T shirt and nearly finished the book. Someone said to me at the height of it all " you will get through this, you just can't see it yet " of course I didn't believe it but you do. Fortunately I didn't go bankrupt but on paper I was and if I had taken the 'advice' I was being given would no doubt have done, but I was a fighter and pulled through. It nearly cost me my home, my marriage and my sanity and I had 2yrs of depression over it. My advice to you now I am through it all, if I can offer any is to say try not waste time on things which really won't change anything. Institutions, professional lackys, and all those faceless authorities couldn't give a damn - you are merely a number and you will be wasting valuable and precious time with your family - they have no doubt supported you through thick and thin and listened to the stories over and over again. To say "forget it" is all too easy for me to say but try and see the valueable things around you and enjoy them again. You will be surprised at what the meaning of valueable time is. You haven't failed at anything - you have got where you were when others settled for less. Be thankful for the experience of being there, forget these personal fights look at your partner and kids see what you saw from the beginning and move forward. It's beautiful out there - take a look. You will be stronger for it. From someone who knows.
  11. I'd also watch out for defaults on an account like this at the credit reference agencies.
  12. At the year end each employer has to submit its annual return P35 which has details of all employees employed throughout the year. The Tax office WILL have details of this but they probably won't be up to scratch yet because the deadline was May 19th for employers to get them in. I'd ask the tax office if the company has submitted them. On top of your p45 will be their employers reference number, the Tax office should easily be able to trace the information. I'd also tell them that the employer is witholding the P60 due to a dispute you had with them and as previously stated above, your employer will not like the Inland Revenue breathing all over them. They will soon do what they have to. the Revenue get a copy of the P60 which to them is a P14.
  13. I've just sent off the LBA to Cabot because they have failed to respond to my DPA request - that should eb interesting!
  14. Why don't you phone Experian and Equifax - they'll tell you exactly what goes onto a credit report.
  15. Redundancy Payments service is the outfit I was referring to. They are part of DTI.
  16. I was told by a Director DCA 'friend' - ( I have some strange friends!) that Cabot never sue! Now, never say never but telling them to sod off might be the right thing to do! I just got a letter from them telling me they MAY sue for an old Citi Finance credit card most of which has been made up of late payment charges etc. I might tell them to sod off too.... I was also told they rarely get the information regarding any defaults which have been registered on the debt therefore giving them no hope of suing you anyway. What fun!
  17. If a company is wound up it is either by creditors or the DTI - Department of Trade & Industry regarding insolvant companies. Invariably the company has no money, but in liquidation the liquidator / administrator will have a duty to pay the employees out of anything they recover or make them redundant. Phone the DTI and ask them the procedures for claiming your money as there is a scheme which will reimburse you.
  18. I'd read the Sale of Goods Act in the Library. Your product has a manufacturers guarantee and after you bought it they have a responsibility to fix it or replace it under that warranty. However, under the sale of goods Act you have cover for faulty goods which are not fit for a ' reasonable period of time' for the purpose they were sold for up to six years. That's why these extended warranty insurance covers are often described as rip off's because you are covered by law anyway. There's a thread on them on this site. Reasonable period of time means that for example if you used your washing machine in a luanderette it's life span would only be reasonable for a year or so if you're lucky, but for normal domestic use one would not expect it to go wrong for four or five years. So whilst manufacturers warranties for 1 or 2 years are provided you can claim against the supplier for much longer if the goods were unfit for the purpose. The warranty, I believe is not renewed after each fault is repaired for a further one year as it covers all parts. I may stand corrected on that. Hope that helps.
  19. A usueful exercise is to get your credit reference file from the Credit reference agency Equifax or Experian and have a look at what is actually registered against you. It only costs £2 and at least you'll know what been said about you to other lenders like the mortgage etc which have casued you to pay higher rates of interest. Bad credit ratings for whatever reason are a gift to these institutions to charge you higher interest and it may be for something stupid like these charges you refer to. You might have cause to claim this differential from the bank who registered the defaults -but you'll need proper legal advice on that.
  20. In my business -recruitment and employment, when there are changes in law that have consequences on our customers, it is in my interest and my staff to make sure they know exactly how to handle questions relating to it. I cannot believe Banks such as Abbey in our case, have not familiarised their managers at least on how to tackle the question and explain the law that might be confronting them. This action by the banks IS unlawful, and they are aiding and abetting and being deceiptful in not abiding by the law. This is gross misconduct trying to fight everyone off when they know and have known for so many years that this is unlawful. As someone pointed out in another thread, these banks have a possie of lawyers climbing all over their paper work every day. To say they don't know what they are doing is crass to say the least. Imagine in my business as an agency if I told my staff not to employ black people or women - can you imagine how long I'd stay in business? I'd be in court and probably in prison for uttering such instructions ( and rightly so ) in this day and age the laws protect customers and the public from such proposterous outdated and sick attitudes of individuals and institutions with prejudiced thoughts, well the banks are doing the same here and it's about time someone put a stop to it. The people behind this site and all contributing to it are bringing it out into the open, but I know many people who wouldn't do what so many are doing here despite being charged in the past purely because it's not what they are used to and wouldn't be seen doing it, couldn't even consider it they just take it as being ' that's what happens if you go overdrawn' - They are the poor innocents who the banks are relying upon to keep their profits. If the banks were legally MADE to pay everyone back no matter whether they had the guts to take the banks on or not no one would have to be going through all this. If drug dealers have thier assets seized for their crimes why shouldn't the banks - they are no different. I'd better get off here because I'm in one of those moods this morning - we shouldn't HAVE to fight this the police should be in there. Have a nice day!!!!
  21. I do not find this response from you local branch manager unusual weeman. I was speaking to the manager of our local branch of Abbey yesterday, its a small branch but the manager was taken aback when I asked about unlawful charges. We were talking about something totally unconnected but I asked what he would say to a customer who came into the branch and asked them to refund the charges because they were unlawful. I got the T & C's answer almost like your response from your manager, but I got the impression that the manager had no idea of what I was talking about. So I filled him in with a few realities and I gave the name of this site. I genuinly beleive they're being kept in the dark.
  22. There seems to be inconsistancy at the very least from Abbey. I asked for records under the DPA and recieved them in 3 formats. One was the ordinary statement format, one from a printer which printed sideways and the other looked like a photocopy of microfiche. All 6 yrs all from Sheena Small.
  23. Please remove this thread I messed up on posting. I coloured coded words which when copied from PC didn't come out in colour - sorry.
  24. There are a number of threads about debt collection agencies and those who buy debt. Cabot particularly are a firm a number of people have posted about. I too am awaiting DPA disclosure from Cabot. It ran out today and still I received nothing. Cabot pay between 7 and 10% for the debt from the card or bank. Their charges are no different from a banks, automated and unlawful. Cabot will not sue you - or it's highly unlikely, they rarely have any default information which they must have to sue. If you leave them long enough they'll go away! However, if you want to settle with them, use the % above as a guide, build in a % for their profit ( they are a business and have to make a profit) and you'll invariably get a deal. Don't be intimidated by them. Search the debt collection agency and Cabot threads there's some useful info here.
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