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  1. please excuse the spelling of site. its probable the merlot talking.
  2. Thanks for your replies, it is amazing and gratifying to get help so quickly from the users of this sight. I have been very careful since this debt resurfaced a few years ago to never admit any liability and have used templates from this sight to request information from both the dca and the original creditor so hopefully I have not slipped up there, the Sar request detailed all my payments the last one was made was at some point in october 2007.
  3. Another question sorry, Would a SAR request be viewed as acknowledgement of a debt and effect statutory barring????
  4. Hi all, I have been having an ongoing saga capquest and I was hoping one of you knowledgeable people could advise on the best course of action going forward. I sent a the standard CCA request letter from the templates here on GAG over 3 weeks ago and have not received the information requested, They have though sent a letter asking for an extra 28 days with which to comply with my request, this request is of course worded in very reasonable language. Should I send the CCA default follow up letter with out further delay or simple wait to see what they dredge up eventually, I would be quite content to drag it out as this debt will be stat barred in about another 3 months! Your advice would be greatly appreciated. Many Thanks le_bonn
  5. Hi all. I was hoping one of you guys could give me a hand with this, I have been Having prolonged wrangling's with Bcard and their DCA's for a good few year, I have perhaps let things lie for a bit to long but with no contact from any of them I just forgot all about it. I sent the SAR request and received back all the statements from the account, I have compiled a spread sheet of transactions. Detailing money in and out, any charges applied and of course and PPI payments made. I would be grateful in anyone could give me any indication as to the best course of action with these figures. Not counting the interest, the money spent when compared to the money paid when combined with the fees and the PPI are about the same. Should I send of a dispute notice to Bcard? I can PM any of you guys with the figures if you think it would help? I am a bit at a loss with what to do with this information. Any help will be gratefully received. Cheers Le_bonn
  6. Well hello guys thanks for you reply's. I sent the SAR letter to my original creditors along with a £10 postal order way back in 2009 , I received a ream of statements but no notes or other paper work pertaining to the debt within the 40 days. I only sent the initial letter to capquest and was preparing to send the £1 fee along with the request for a copy of the original CCA. when examining the fees and PPI payments contained within the statements provided on the debt I found that at 70% of the remaining debt is made up of these. I admit I have let this lie for a couple of years but I have received no response from capquest and have had not further correspondence from my creditor since I receiving the response from the SAR. Would a reply consisting of a refusal to provide any address history along side a request for CCA documents be the best course of action? Many thanks le_bonn
  7. Cheers for that guys. I will tell them to do there jobs properly. That I won't provide them with any further information or correspondence until they can prove liability. Its always good to get reasurance.
  8. Hello there guys, I was hoping one of you could offer some advice on how to deal with my capquest issue. I will give you some of the background. I started receiving hundreds of phone calls (up to 30 a day) from the lovely capquest in October 2010, I ignored this for about a month then decided to tackle them head on. I sent a Modified CAG prove it letter to them and I also sent the FOI letter to my creditor along with the 10 quid. So both the creditor and the DCA are aware of my identity and current address, surely? Things went quite, I assumed that Capquest could not provide me with any signed agreements and the creditor certainly neglected to include it in the information sent to me. I heard nothing for over two years. In December I then began receiving letters from "debt managers LTD" who are apparently perusing my debt to capquest, not to my original creditor. Debt managers where threatening doorstep visits so are dispatched a combined prove it a no doorstep collections permitted letter to them. I got a response from their complaints dept. saying that the matter has been referred back to capquest and I have now received another letter from capquest complaints offices. I am a bit baffled by capquests letter; it is full of apologetic platitudes but does make a strange request. They are asking me to confirm my address history in order to ensure they are pursuing the correct person. Why would they do that? My original creditor is in possession of this information. I am tempted to make a strong worded response along the lines of isn’t it a bit late in the day to be asking if I am the right person and why the hell should I help you do your jobs. Would this be silly? They have given me 30 days to respond which was kind. Should I play ball or just stone wall them and re-demand proof of liability? I am worried about some kind of Capquest ruse. Your help has been amazing in the past and I was wondering what any of you could recommend. Cheers Le_bonn.
  9. Hi all. I hope one of you guys can give me a bit of advice on this one. The advice from received from members of this site have been a god send in the past. I will give the whole story. It's a bit involved so plaese bare with me. My girlfriend took out a CAREER development loan for £10k from coop, for an MA starting last September 2011. The course turned out to be very poor and consequently her and six other people left, but still had to pay a portion of fees. She found a more suitable MA to begin this September 2012. The coop advised her that the best thing to do was to pay her CDL off in full, then reapply for a CDL for the new course. They assured her that if her circumstances had not changed, she would definitely get the loan again. So we did what we could to pay off the loan in full, used all our savings, took out 2 credit cards and maxed out our overdraughts. My girlfiend started the new (much better quality course), we settled the children into their new childminders... Then we found out that the coop had turned down the application. Apparently due to a quarm with how the last account held with them was dealt with. I'm not sure why. Once we informed them that she had left the course and confirmed this by letter, interest began being charged on the account. We made no payments for 2 months while we collected together enough funds, and then paid the loan back in full and closed the account. Now the coop cannot help us on the phone as we do not hold a live account with them a.d the declines department do not speak directly to customers. Our only choice is to appeal by post, but we want to write this properly. We are financially crippled due to paying the loan back in full in 2 months rather than over 5 years. Can they decline the new loan agreement on this basis, when the reason for their refusal is a direct consequence of the advice given. I have made a formal complaint but am still waiting (been 48 hours now) for a call back. Any help with this would be amazing. We are at a loss. Many thanks.
  10. Thanks I will give that a try. I'm not sure what they think they will get out of defaulting my loan. I dont have a house or a car or any substantial assets that would make an impact on the balance. I have continued to pay what I can and I will approach the Debt helpline to see if they can get any sense out of Barclays. Thanks for your advice. yours Le_bonn
  11. Hi everyone. Firstly I would like to thank everyone who has helped me on here before but I'm back again with yet more difficulties with Barclays. Its not my Barclay card this time but a CDL loan that I am having real trouble with. Any help would be greatly appreciated. Anyway my predicament. I have a CDL loan with Barclays with a with a pretty hefty balance. I have been paid the correct monthly amount until this September when I was rendered unemployed an was no longer able to keep up with the payments. I agreed a reduced payment plan for 3 months, this came to an end last month and as my fiscal situation has not improved I requested an extension on my reduced payment plan. This has been rejected and a letter demanding full payment of arrears dropped onto my mat. I wrote to Barclays again re-stating my difficulties (I addressed this to one of their "senior collection advisors") this was spat back at me and now I have received a notification of Default which (and you have got to love Barclays for this) comes into play on the 25th of December. I would be really grateful if anyone could let me know what my options are. I am in no position to repay my arrears or increase my monthly payments. what can I do. I have asked for understanding from Barclays which I accept is always optimistic but what would happen if the account was defaulted on? I have other accounts with Barclays all In the red except a joint account. Can they offset money from a joint account? I am sorry for the barrage of questions and information but I am a bit worried at the moment. any advise or information would be hugely appreciated. all the best. Le_bonn
  12. Cheers. I have sent the SAR already, Unfortunatly without a signature on, So they will probable delay my request. also I was wondering at what point would it be valid for me to place this account in dispute. Cheer LB
  13. Thanks for your points i will put them down. I will send both these off. I will be sure to post any reply's that come back. and will keep you all posted as to CQ's reply. Hopefully this will prevent CQ being able to get a CCJ on any previous address of mine. they have taken to calling from local numbers from the area I used to live rather than from their central call center so I asume they are planning something unpleasant. Thanks again. I feel allot better about things now I have taken control of the situation and stopped ignoring things and this way if things do end up going to court I can illustrate that I have attempted to deal with my creditors. Cheers LB
  14. Hi there. Sorry for the long post but i decided it would be a good Idea for me to put up where I am with BC and CQ I have sent this to BC Dear Sir/ Madam Please supply me with a copy of all information your company holds on me including a list of accounts and details of payments. Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession, which relates to me and am entitled to under section 7(1) of the Act. If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. For the avoidance of any and all doubt, I reiterate: I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like). Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me or collected monies to which you were not entitled, then I shall be reclaiming them and also the enclosed £10 Data Protection Act subject access request fee. Please be aware that my previous address was: Xxxx Xxxx Xxxx xxxx Yours sincerely Mr le_bonn and this to CQ Dear Sir/Madam Ref: xxxxxxxxxx I have recently been receiving very regular phone calls from your company; I am not in the habit of answering or responding to unsolicited calls to my mobile telephone and I do not regard this as a valid form of correspondence. I have discovered the nature of your business something that you felt unnecessary to divulge in any of your telephone messages and as such request disclosure as to the nature of any alleged debt you are pursuing Please note that I have contacted you and provided you with an address (above) through which I request that all possible future correspondence take place. I would like to inform you that I will not discuss anything over the telephone and that all possible future calls will be logged but not answered. I would point out that I have no knowledge of any debt being owed to Capquest. I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I look forward to your reply. Yours faithfully Mr le_bonn Please let me know what you think, or if I have made any glaring errors. cheers le_bonn:)
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