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About kittiebelle

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  1. Thanks for that, I didn't know there was a free one, I thought you had to pay. I'm at a conference all weekend so I'll check it when I can, but I'm a bit worried I might wake up a couple of other sleepers if you know what I mean Yes that's right. The DD's came from an F D account. I had 2 bank accounts with them - they were hammering me with charges on one of them. I just couldn't keep up. They terminated both accounts although the other was ok,within the agreed limit. The other was my main bank account where the DDs came from and having it terminated caused a lot of probs. I had a warning letter saying they would terminate it, but no date saying when, and then,bang! It was gone. No banking facilities! FD lumped the 2 accounts together under one account number ( the acc. No. of the ok account). Starting chasing me, went to about 6 debt collectors before being sold to MKDP early last year. This is one of the reasons why the bank was really resistant to paying me under the D D guarantee. They were very heavy over the phone and accused me of lying. I stood my ground tho. They tried to argue their right of set off, but I said the account had been absolutely assigned and they had no legal rights to the money. They didn't like that! Incidently, the document MKDP tried to pass off as a deed of assignment was toilet paper, and I don't think the account was properly assigned, but if FD tried to claim the money, then this would expose their [problem] with MKDP.
  2. I did two DD claims at the same time. The other was an old magazine subscription that I cancelled over the phone, but they carried on taking another 7 months subs. I've not heard anything from them. Only egg / Barclaycard's cage has been rattled.
  3. Hi I don't know the status of the account as I have never checked with any credit reference agencies It was taken out via an application form that arrived in the post - the separate page they sent with signatures is, I believe, a page on the applications form. It had an auto signature from the bank, auto dated 1st May. It was pretty tough getting the DD back. I was like a stuck record. I kept saying that "the merchant misrepresented the nature of the transactions". The bank kept trying to trip me up. The DD's came from a First Direct account. As I no longer am a F.D. Customer (although I do have an account with HSBC, which is within an agreed O D limit)FD opened a savings account and put the money in it. I was not able to access this for 8 weeks as FD said that egg could come back at them during this time for the money and raise an objection. The times up now, I haven't heard from FD, so I have written to them to see if Egg have raised any objections with them,and to confirm the all clear from them to access the money. FD sold my alleged debt ages ago to Mkdp, so F D have no claim on it. As an aside, MKDP issued a claim and I applied for a strike out. They withdrew the claim before the day and the judge issued an order that their claim is dismissed. What I would like is for egg/BC to just do one!
  4. This happened to someone I know, although, unlike your circumstances, she did it deliberately. She said she had five children in childcare, and was working self employed - but really she was on an extended holiday in Italy, supposedly home educating the children. It got found out when the tax credits dept rang the nursery and they had never heard of the kids. All that happened was that she was asked to repay, which she did, in instalments. They did not hassle her about it, just asked for repayment. You have done nothing wrong - we all make mistakes, especially when we are busy with working and families etc. I am sure it will be fine.
  5. Thanks Brigadier2JCS I have written to them, as they asked me to ring them to "discuss my proposals", saying that I am happy to do this but only in writing. I sent it recorded to the Churchill Place address, as there was only a PO box address on the letter, so I haven't heard anything yet. I feel that if I do end up asking the Ombudsman, then they are already prejudiced against me and in favour of egg. It even said on the Ombudsman's website that PPI premiums could only be taken from arrears, and the creditor had to put you back into the position you would have been in without the PPI.
  6. Thanks for your help Brigadier2JCS It’s a complicated situation, and I am still a bit confused by it. So I shall break it down in stages. 1.I had an ancient Barclaycard that was opened in around 1994-5 which had a minimal credit balance on it for years as I didn't use it much(forget this account for now) 2. I opened an egg card account in May 2003 - I would never have opened an account with online only statements, and also I signed a direct debit, but was totally unaware that I was signing up to making only the minimum payments each month 3.(This is the account with the agreement that appears unenforceable for several reasons) 4.I took out £500 cash on the card to help a friend (bad idea, but, these things happen) and just forgot all about it 5. Because of the online thing, I could never manage to get through to people, because of passwords etc, and it was sometime later, with the help of a friend when I found out I still owed more than had been borrowed on the cash advance. 6. I made a s77/78 request and was sent the reconstituted agreement, with my signature on a separate page, and the banks automatic signature below mine dated a few days previous, and also the terms and conditions which were not the original t&c but a lot of A4 photocopies with many different dates and rates of interest pertaining to card agreements being taken out at different time 7. I wrote a similar letter as you suggested - meanwhile I was getting into arrears. 8. Egg wrote back and said that they disagreed. I complained and around the same time, I also put in a reclaim for PPI . 9. Egg said they were right about the agreement, arguing the Carey case and that they had both satisfied their ss.77 78 obligations, and that the agreement was not unenforceable etc. 10. I made a SAR and Meanwhile they came back with an offer for PPI, and they then took that sum off the balance owing on the egg card L 11.I complained because I thought that they could only take it off the actual arrears - I had not been defaulted yet. 12.They again disagreed, so I contacted the Ombudsman. The Ombudsman recalculated the PPI using a different formula and said that egg should pay me more money. But that egg were allowed to keep the ppi premiums they had refunded and applied to my egg card balance. So I asked the Ombudsman t look at the decision again 13. I got a default Notice dated 1st November, which I think could be dodgy as the key words are not given any more prominence than the title saying default served under s.87, and there is no stated term that I have breached. I was still waiting to hear from the Ombudsman at this time 14. I then got another letter off egg a few days later, dated the day before the default notice, regarding the Ombudsman's first decision, and with a check attached which egg invited me to use towards the balance on the card. I did not cash it , as I felt that the Ombudsman was incorrect regarding egg being allowed to apply the PPI refund to the full balance and not just the arrears. If this was the case why was he not allowing them to do the same with the extra amount that he had recalculated egg as owing me, so I waiting to hear from the Ombudsman 15.. Even if I had cashed the check I would not have been able to use it to pay the default sum as by the time it would have cleared my bank account, and with egg requiring 8 dys to clear a check, it would have been past the date on the Notice. 16. Meanwhile Clader contacts me during the Defualt period asking for the arrears amount, and I get a letter off Barclaycard saying here is your new Barclaycard. The Ombudsman said that egg could keep the ppi refund they had used against the balance on the account - the point about only being able to deduct from arrears did not apply to CC's only to loans, was his explanation. 17. By now I was very confused, as I am sure you are, so I wrote to Barclaycard - here is some of that letter "You mention having previously notified me that you have been unable to issue me with a new Barclaycard 'due to the condition of either your existing Barclaycard or migrating Egg account'. As far as I am aware, I do not have a 'migrating Egg account', and my existing Barclaycard has a credit balance of £X. I have looked at my records and have been unable to find any details sent by you relating to either any problem or condition regarding my existing Barclaycard account, or any wish I have made to move or 'migrate' any account from Egg. Therefore, could you please provide copies of the correspondence referred to in your letter, and further explain why you have opened a new Barclaycard account numbered XXXXXXXX. I am very concerned that your actions could amount to a breach of data protection laws, as I do not recall giving my permission for to you to process my details in this way. 18. I also made a CCA request, but I put s.77 and not s. 78 . They wrote back and said that letters were sent on such and such dates but they were unable to obtain copies, and although I may not have requested change of ownership but the actions were taken in line with the terms and conditions of my egg card account (the one with the dodgy agreement for which they haven't been able to provide the original t&C. The account was now with Aliied so I should contact them 19. They asked me to re make the CCA request, I don't know if I did, but in my huge pile of correspondence I have found a large bundle of A4 papers calling itself my credit card agreement and terms and conditions. 20, Got some more letters off Allied, Moorcroft and AIC chasing the egg now Barclaycard debt which I fended off, and then did not hear anything for ages. 21. I was getting occasional statements re my original BC account that I mentioned in point No. 1. Still in credit by a couple of quid. 22. As all my payments to egg had been made by DD, and egg misrepresented the transaction, I made a DD Indemnity Claim against the original bank from which all the payments were made. (who have obviously reclaimed it from egg/bc) The refunded money has been placed into a savings account by the bank, as I no longer have any accounts with them, and so far I haven't touched it. 23. I then get a letter from Barclaycard - they have added the amount I claimed back from the bank under the DD guarantee (which the bank obviously claimed back from them) to the account they opened on my behalf into which they placed the alleged egg debt. They we are, that’s the story. Are you still with me??? I have written to BC asking for them to explain their accounting. All of their claims of any liability against me would be on the back of the original dodgy egg agreement, as the DD Indemnity is between me and the old bank, and I think BC are being really cheeky. They probably think that I am being cheeky, because I have gotten (nearly) all the money I paid them under the unenforceable dodgy egg card agreement back, through the DD Indemnity Insurance, and are now trying to make me liable for their own errors. Phew! Sorry for the long post, I hope I have explained it OK, and thanks again for your input and support.
  7. Thanks for your reply Brigadier2JC, I'm out on an emergency, so I will clarify the details tomorrow as its pretty complicated, as I think they may have combined 2 accounts and opned a third. I really apreciate your advice and input. Many thanks.
  8. Hi Brigadier . Sunny? Lucky you, it was wet and windy all day with us! I sent off a letter like that in 2011 and they sent back a sort of ner ner ner ner ner, yes we can and yes we will carry on hassling you and processing your data. I wrote back and said that while they had satisfied the ss 77/78 requests, they did not have the necessaries for the court to enforce it so would they please kindly stop processing my data etc They opened a new Barclaycard halfway through the default process of the old egg card (the default notice is none too good either), and at the same time as the ppi dispute I had raised was still being looked at by the Ombudsman. Also sent Calder's chasing the alleged debt while the default period was still in process. Is it any wonder I got confused and frustrated? Now, Barclaycard have got back to me, after hearing nothing from them, or from their goons, for ages, because I recently claimed back everything I paid under the improperly executed agreement through the DD guarantee. So, they have put this amount which I claimed back from my bank as a debt on the card that they opened, then added the old amount that was on the egg card and which last I heard about was from Allied or AIC over a year ago, plus interest, and now want to know what my proposals are!
  9. Hi Brigadier2JCS - Thanks for your reply. Hope you have had a good Bank Holiday This looks like good news!!!! No original terms and conditions to the time that the agreement was entered into No interest rate stated for credit on cash advances Interest rates and APR's not the same on agreement (which is a cut and paste job and very hard to read! )and copy Terms and conditions The barstewards have risen out of the darkness after sleeping for a long time and now I have some great ammo They opened a Barclaycard account after defaulting the egg account saying that it was a term in the old agreement says they could ! What agreement ? The very dodgy one !! Can I say yippee now??? !!!
  10. Hello, thanks for your information about finding posts. I have another egg query that is my CCA does not give a rate of interest for cash advances - only the APR and a handling fee charge. I ran into a lot of problems with this card as I never realised it was online only statements and that I had set up an agreement to only pay the minimum each month by DD. It was a bad idea to take out the cash advance I know. But is the interest on cash advance a prescribed term? Many thanks to anyone who can advise
  11. Thank you for your reply. I have never checked my credit file. Thank you for moving the thread for me. I don't know how to find my old threads, sorry. Should i still move it to the "debt" section?
  12. Hi Citizen B thank you for your reply. I will post in the appropriate places tomorrow, as I am on my phone right now and don't know how to do that on my phone... Thanks
  13. Hello, I would like to post up an old egg card agreement which I cannot quite make out the APR, and ask peoples opinion on. when i opened the account I did not understand how the repayments were being made and ran I to problems. I was paying the minimum by dd but did not realise it was only the minimum I was paying. I made a cca s77/ 78 request a few years ago a i got sent a page called "egg card agreement" with the hard to read stuff about interest and Apr cut and pasted into it. It refers to see term no 12 and there is not a no. 12. It also starts with term no.3 There was no other terms and conditions sent There was another separate page with signatures. There was a dd guarantee but it didn't say any amount. Other stuff has happened since with me reclaiming ppi and with Barclaycard opening an account without my consent later, which I did not understand, but first I would really appreciate some help in understanding any possibilty about the agreement not being enforceable. It was 2003. Would any one be kind enough to advise me. I can post it up. But because I have mental health problems, I struggle a bit with using the internet beyond the basics. Thank you.
  14. Thanks BRIGADIER2JCS - so you don't think I should mention in my offer them only being entitled to the sum i was in arrears by at the time they defaulted me. Do you think I sould I negotiate with the debt collector or Nat West?
  15. Thanks again for your replies. BRIGADIER2JCS - when you say a new DN would have to be dated same as the original, surely it would be impossible to comply with the new DN as the original DN said payment (of the arrears) to be made within xx days of this Notice to avoid the further action. Even if the DN had been sent with first class post they only gave me 13 working days to comply so how could this change under a new DN. I'm not really bothered whether my credit file is marked 'fully satisfied'. I just want to put and end to the cycle of playing letter tennis with debt collectors. I've not paid nat West or any of the debt collectors they have sent after me ( morcrap, westcott, RMA,) anything for over 18 months. The only thing I could see with the original agreement that might render it unenforceable is that it did not have the lenders signature - just a stamp - but I know that these arguments cannot be relied on any more
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