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ben341

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About ben341

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  1. I guess I would need to do a SAR in order to see all the charges and interest rate since it isn't in the CCA. I guess the question is now then is there any point or will I have an endless battle on my hands trying to get the £200 of charges removed from this outstanding amount and therefore any money spent on SAR may as well be spent on repayment if not.
  2. Hi, yes well I did spend probably not too far short of the £500. I stopped paying because they kept adding charges that were higher than I could afford to pay back so it seemed pointless, all I could pay was the charge itself and that was never likely to end.
  3. Ah that's a shame then. I thought a CCA was a requirement these days, wish I hadn't wasted my time requesting it.
  4. I have just been reading another thread about enforcement of a CCA to see what information it should contain. What they have given me has got to be an application form (even their own title agrees with that). There is no mention of credit limit anywhere in the data they provided to me and the only interest rates and cost of borrowing is an example list of tier's, one of which will be applied to my account when they open with. Therefore they are just example's of cost of borrowing. I reckon there is no agreement here whatsoever. The worry is are they holding on to something else that they have not provided?
  5. Hi, I have a debt to Capquest (owned by them purchased from Vanquis in 2012). I have been trying to sort this out and three weeks ago sent off a CCA because I could not recall signing anything when this was taken out. I spent £500 in total which needs to be paid back but the amount claimed by Capquest is £701, presumably these are credit charges, interest and default fees etc. Because I don't recall signing a CCA what I would like is for the amount owed to be agreed at what I actually spent, which is what I feel comfortable with on moral grounds on repaying. I am still in a financially weak position and the £201 additional fees are more than I am prepared to accept. My "CCA" came yesterday. I expect other people will have had this, it is simply a spreadsheet containing information that was on the web application form. There is no tick box or anything pertaining to being an electronic signature yet the pages are titled "Digital Signature Application details". I happen to know rather a lot about digital signatures, having designed many compliant forms for many organisations in this country and from what I learned is that the burden of proof always lays on the organisation requesting the signature. The purpose of the signature is to provide trust that the document was signed by the intended party and that it has not been altered or tampered with in any way since. While a "tick box" may be all that is legally required to form an electronic and legally binding signature, the person making a judgement on whether it is valid or not has to be assured there is no doubt the correct person ticked that box, and therefore is not really enforceable. Normally you would use a trusted third party such as Echosign or Docusign which would take your document, encrypt it with a unique key and take other supporting information such as IP addresses, the email addresses used, metadata from the browser as well as more advanced forms of ID checking such as automatically dialling your telephone number to provide you with a pin number you need to be able to sign. This provides little doubt that if the telephone number you provided is in fact yours, you more than likely signed the agreement. But nothing like that here, no IP address, no tick box, nothing to rule that I ever agreed to the terms and conditions that are attached. I am confident that if this is all the information they have, that it is completely legally unenforceable. Also the terms and conditions they provided say "The actual interest rate you receive will be communicated to you when we open your account". I am surprised this information is not required in advance to signing a credit agreement. This just leaves me to think that all they have given me is information that would have been presented on-screen at the point of application, prior to credit checking purposes etc. I do remember that I was never asked at any time to go and sign anything after the initial online application process. Capquest are not nice people and will not agree with my point of view, even though I know, based on what has provided, they cannot prove that I have ever agreed to the CCA. The data they provided me is in response to my official and paid for CCA request which therefore I would have thought meant they had to provide everything. If they do happen to have a record of my IP address for example it would weaken my case, especially as the IP address was static at that time, however it still isn't exactly bullet proof on their behalf. What I would like to know is, has anyone got experience in approaching this situation. I will not agree to repay £701 and will not agree to pay anything more than I spent, especially on the basis that I didn't enter a CCA with that company on technical grounds. Any suggestions are appreciated. Thanks
  6. Thanks for your advice. BPO contacted me to advise they didn't want to deal with me any more and have sent the account back to Virgin. I have made a token payment to Virgin to show good-will but they have not contacted me yet.
  7. Virgin also initally accepted my offer to pay 10 a month via email and then declined this later. I can put together a dossier of the recordings and emails proving bpo to be at the least blatantly incompetent and provide this to Virgin and request I only deal with them. Is this possible do i have this right?
  8. Yes i have the late markers it is updated each month by virgin. Bpo have no footprint on my record.
  9. Virgin advised "sent on to bpo debt collection" don't know what this means.
  10. Actually im not sure if they own it the whole thing was confusing. Will check my saved emails now. I recorded the call virgin told me i had to pay within 3 months but english was not her first language and i struggled to understand.
  11. Virgin mobile. No default at present just 4 or so months overdue. I coulnt afford to continue paying in October after losing job it wasnt a priority. Contract was until May 14 therefore I owe the remaining amount. Virgin sold debt in Dec 13 and I approached Virgin to begin making repayments in June, they advised unless I can pay it off in 3 months then I have to deal with BPO. Was just trying to put things straight but I dont want this becoming a default and I advised in writing my offer was dependent upon them mot issuing a default as long as I adhered to the agreement. They accepted this. In writing in this case relates to email communication and is signed by a single representative at their end.
  12. Hi Been trying to set up repayments on a defaulted mobile account which happened when I lost my job a year ago. The company is BPO in Ayreshire. Things still tight so i offered in writing £10 a month by direct debit with a view to reviewing if my finances improve in 6 months. 10 is generous at the moment. They accepted in writing and asked me to call to establish direct debit. I called tonight and they said I had agreed to make an initial paymrnt of £107 a complete fabrication. I declined. They then emailed me to say I need to provide income expenditure form. I have nothing to hide but now don't trust them and don't want the hassle of sorting this out and justifying an offer they already accepted. I notified I will make manual monthly payments of £10 as per the original agreement. The full 280 is too much at present. What I would like to know is, will my credit record reflect the repayments. The account shows as overdue. Can they issue a default even though I am making payments on something they agreed to and then altered the terms of the agreement? Already they have proved to be untrustworthy but I have saved all communications and phone call recordings. I hope to clear the debt within a year but was hoping to stop credit record worsening evrn though it is a struggle to pay the token amount. Thank you Ben
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