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shalom12

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Everything posted by shalom12

  1. Yes. It was a few months ago. I'd written to them a few times before they went to court about the dispute with Halifax regarding the account. The judge had agreed they had failed to provide the neccessary details and therefore ordered them to comply. The photocopied one-page (& partly hand-written) 'agreement has not helped their case. If the account is not time barred as they claim, they should be in a position to provide the terms & condition with the 'agreement'. They have refused or unable to provide this. Mine is a counter claim against thier original claim for my time, having given them ample reasons for my charging.
  2. No. The current account was totally empty as at February 2008. But by end of 20011, the account had grown substantially negative - well over minus a thousand pounds. And Halifax wanted to collect on that as well. It is now more than seve years since the account was closed and the 10-plus debt collectors have all petered out Really need detailed legal advise on how to handle these issues beginining with my counter claim against capquest.
  3. It is credit card account. I believe Halifax had lived up to thier threat in the original monthly statements and raided my current & savings account which I had with them. I had closed down these accounts appx Jan 2008. As at Feb. 2009, they were still digging these accounts further into red thereby using a series of debt collectors to to pursue these areas (Current & Savings accpunts). They have registered a default against me so I believe they are on my credit file. No judgement yet on capquest original claim claim. Tx.
  4. Dear All, Kindly help with my counter claim against Capquest. I am making a counter claim against this company having failed to take my written advise regarding my long-running dispute with the credit card company. Summary: I took out the credit card facility some 16 years ago stopped making repayment 7 yeras ago following several months trying to get the card company to investigate a couple of large transactions that I did not make. I also used a claim company to investigate in order to get the card company to respond. The company feighned ignorance of my letters. I have found that the card company had been raiding my other personal accounts to keep the credit card repayment alive so that these personal acconts were sent into deep negative balance even though I had gone into a branch of the bank to close these accounts two years before. (Can they fleece these accounts to death to fund to keep the crad repayment going?) However, their lack of response made my claim company to report the bank to FSA at the time. The card company immediately responded by harrassing me with a dozen or so debt collectors some of whom got their figures wrong on their letter. In face of the challenges, I too put the debt collectors on notice about my post and admin charges for each letter. This seemed to work as they kept changing the battons, hence the so many debt collectors working on behalf of the credit card company. Immediately after the 6-year rule, I informed the card company the account is now statute barred The card company responded by assigning the account to Capquest whom I am now making a counter claim against. The Capquest initially avoided my written charge notices and SAR for a copy of the agreement and went to court to claim the outstanding credit card balance. The court, sensing Capquest's game, ordered them to supply a copy of the agreement, statement and T&C. The so-called 'agreement' is pitiful. Only half-page with part of it hand written. They failed or were unable to supply the T&C. The statements however shows repayments years after I had stopped, supposedly taken from my afore-mentioned defunct personal accounts with the card company. How much can I claim against this vulture capquest? What are the legal basis for doing so? Are there any known legal victories by consumers against these excesses? My total claim - runs into thousands in letters, professional fees, time and, not to mention the harassments and the traumas I had been going through since 2006 when the initial letter was sent to the card company on the unidentified transactions.. Your professional advice/help will be greatly appreciated.
  5. Sorry my mistake. Just the PPI element which they denied for almost six years just in time for MFS to do the substitution. They still refused to adress the disputed figures which were discovered in a couple of the statements, nor the excessive charges.
  6. Many thanks brigadier2cjs. The requests (four in total) were made between 2007 & 2010 but without quoting under which rule it was made. However, I also lodged a complaint with FSA years ago, and more recently (Jan 2013) with FOS.
  7. Hi all, I need advise on a long-running dispute I have with MBNA but which is now passed on to MFS protfolio. Several years back - 2007, I disputed the credit card balance with the company as I did not recognise some of the entries. They were intransigent and, by 2008, I employed the services of a company who combined this fight with PPI reclaim at the time. MBNA failed to respond positively and instead managed to get a ccj and a charging order against my property in my absence due to lengthy work related stay overseas. Fast forward 2013, MBNA finally conceeded that they had misold the account in the first place and offered me a PPI refund. I declined this offer on the ground that it was such a small token and did not reflect insurance contributions made since 2001. Two months later I received a court order granting MFS protfolio the substitute claimant (instead of MBNA). I immediately lodged an appleal. A couple of weeks later while my appeal was still going through the system at the local court, I received a warrant of execution, effectively authorising bailiff visit to enforce the right granterd MFS Portfolio. The bailiff was made aware of the appeal and he went away. New hearing date has now been set. I need advice on how to handle the appeal especially given that 1) MBNA has conceeded the miselling of the account 6 years later, 2) they are yet to supply my requests i.e copy of the greement, full copy of the statement and copy of deed of assignement of the account to MFS Portfolio. Look forward to your kind response.
  8. Thank you all for these encouraging responses. I have contacted 'Direct Access Baristers' and hopefully should get the ball rolling today.
  9. Hi All, It's been a few weeks since this debacle started. Several efforts have been made, including getting my local MP involved. Here are the latest. Bailiff woun't talk to the police, nor to the third party on the their stolen property. Bailiff sent a letter yesterday with an increase of nearly a thousand pounds on top of the disputed fugure since mid Dec 2012! MP contacted me today. Head of Westminster council has refused to ackowledge the mp's request for information, etc. on the case. Could someone please advise on the best option - legal or media attention - going forward. And how.
  10. Dear ALL, Here is the latest on our challenge with Wesminster Council and the Newlyn bailiff. Following a full audit of our remaining belongings, etc at the raided location, I phoned the police yesterday to update them on the full extent of the bailiff's loot/theft. Alas Met police do not have any record of any kind that the bailiff or anyone placed a call to them regarding the incidence nor the location, even though two officers (one male a female) arrived the scene upon a purpoterd call to them by the bailiff. spent approximately 30 min. on the premises. Secondly, the bailiff has gone silence since last Thursday. Neither us nor any of the third parties could get a response to our phone calls. Westminster Council said they "will investigate and respond within ten working days!" I suspect our latest correspondence has been intercepted again by Capita people. This is becoming too painful. Our bisiness remain shut since last Thursday. The bailiff took away many of our assets and those of third parties, including the main tool of our business without which we can never operate. Staff layoffs is now inevitable. Our local solicitors are fully booked! Help is trully needed! Shalom12
  11. Thank you all for these encouraging postings. GLA - the landlord of the franchise unit is now considering what action to take against the bailiff for damages he caused to their building during the removal. Also two of the owners of the equipments he stole have alerted their lawyers to go after the bailifff given that he was shown proof of ownership just as one of the owners spoke to him on the phone prior to removal. Thank you.
  12. Thank you so much tomtubby for your advise. It was newlyn who enforced it. He had tow pieces of cards bearing his photographs which he did not show untill I demamnded to see it. He noted ££7678.40 as original liability, and £1477.92 as his charges. The original debt is in dispute as the company had already vacated the premises during the year 2010-11 rates period. Besides the company also qualified for the interim moratorium on business rates for the year. All of these had been address to the council only to be forwarded to Capita people to deal with. We have since found that he managed to disable to the dated cctv on site. However, pictures were taken with mobile devices. The liabilty Order is against a limited company.
  13. Please help. My bisuness went into an uexpected meltdown yesterday during a visit by a lone bailiff sent by Westminster council. The visit was in connection with a long running dispute about business rates charges which we felt had been settled. They are also demanding for the periods 2010-2011 before which time the branch of our business had closed down. They are aware of this as we notified them in writing ahead of time. Despite numerous requests made to both Capita (revenue collection agency) and Westminster, they simply continue to send the bailiff - Equita and now "Newlyn", who inturn continue to deemand conflicting figurse. The lone baliff turned up at a branch of the company which is also a franchise owned by someone else. He forced his way in by violently pushing the female employee against the wall while he shouted exlentives and racist words at the employee. I arrived ta the scebe moments later only to find the other employee crying, visibly frightened. He disregarded my niceties and demanded to pay up cash and in full or he would have our goods removed. Despite my explanations, including the fact that the franchice is owned by someone else, that the the equipment he is tryng to remove belong to third parties, he simply shouted a torrent of insults at me. I called in the landlord who also owns all the furnitures and some of the equipment. The landlord forced him into a retreat by thretrening to sue him and Westminster council if he removed any of his goods. Meanwhile my partner is now going around to raise some money. The bailiff changed his mind again and demanded well over £9000.00 which we definitely did not owe. The landlord called in the police who could not do much. In fact the female police officer tried her best to assist the bailiff. The bailiff calked in the van and they began to remove our belongings. Hoewer there were three branded freezers which did not belong to us. Despite the owners speaking to him on the phone about their clearly branded Movenpic equipment supported by contarct that we signed confirming the third party as the owners, the bailiff simply instructed the removal people to put big tubs of ice creams from all the freezers on the floor. They took all the freezers away while the contents were left behind on the floor, melting away. It was at this point that I realised that he wasn't keeping any inventory of the good he was removing. He got upset and shouted a few nasty words at me. At the end of it all, the baliff took away more than he listed on the inventory, caused some damage to the landlord's furniture and the wood floor, left all our dairy products - ice creams lollies, frozen pastries & savouries, etc on the floor. The whole scene were witnessed by the landlord's agents who stood by to discourage him from touching their property. Can someone please advise as the bailiff has effectively shut down our business, Westminster is not talking to us, Capita continue to apply different positions depending on who answers the pone when we call. Is there a legal recourse? How do we embark on this. Your assistance will be greatly appreciated. Shalom12
  14. I need help urgently regarding charging order problem. The story began a couple of years ago with a now defunct finance company who passed on our kitchen refit finance agreement to GE Money. Right from before the work began, I have complained about lack of clarity on some details of the agreement but which the company did not address by failing to send someone to us and have it checked out. A few years passed and series of charges (for late payments were) added. The agreement were on variable but large monthly increases were noticed even though the BofA continued to fall significantly. Eventually, GE Money sold the account to Link Financial who also demanded immediate payment. I wrote to them on several occasions (& phone calls) to discuss the subject. But instead they threatened to apply for a charging order which they immediately commenced against my property. I knew nothing about charging order or its implications. Eventually Link Financial asked me to make an offer to settle the account and I promptly contacted my mortgage provider who naw agreed to offer me a £2000 loan in order to settle Link Financial. I forwarded this details to them expecting that this will appease them. Sadly I got a responce from Link Financial a day before the charging order was to be corded against our property asking for both the £2000 upfront and agree specify a time for the £1400 balance to be paid. They have now obtained the order and continue to hound me with letters demanding full settlement plus costs. I respond to each of their letters by recorded delivery even though they continue to lie that I have failed to respond to their letters. I am self employed and things are very tough which why I have informed them that I can only afford £25.00 per month. I feel they are trying to prod me into a particular corner. Can anyone advise me what option I have left. Desperate.
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