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sprouting

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  1. Ah, ok thank you. I shall tell him to do that. Might write to MBNA and ask if they'll remove it anyway on compassionate grounds, probably a waste of time but I suppose it can't hurt...
  2. Hi, Thanks for your reply. I understand that the MBNA are entitled to issue a default if they don't receive the money but (sorry should have said before) Wise 2 Debt did actually send a re-payment proposal to MBNA which they accepted, does that make any difference? Yes the FOS are aware that the money hasn't been repaid - ages and ages ago Lloyd Anderson agreed to pay up but wanted to do it in monthly instalments of £100 which was relayed to us by the FOS. This was declined by us and to be honest I think they had no intention of even paying that, they just wanted to shut us up. The FOS are still apparently on the case but I thought there might be another body with a bit of clout who could force them to refund and then shut them down for malpractice. I was thinking about letting the police know they are fraudsters but not sure if there's any point as I know how devious and slippery these shysters can be.
  3. In 2011, MBNA got a bit heavy with my husband by doubling his minimum payments even when he said he couldn't afford them. He got a phone call a week or so later from a company called Wise 2 Debt who claimed to be a government funded debt management company who would deal with the MBNA on his behalf and get the interest frozen and to ignore any letters from MBNA and they would deal with it if he just paid them a fixed amount every month. An agreement was made and the letters kept coming from MBNA but they were ignored, as advised. Eventually he rang MBNA who said that hey hadn't received any payments at all when he had paid Wise 2 Debt approx. £1500 over the best part of a year. He was served with a default notice which shouldn't be there as he was paying it but they weren't passing on the money. Wise 2 Debt shut down and re-opened as Lloyd Anderson. We wrote to the Ombudsmen who agreed that Lloyd Anderson should refund the money but we are still waiting over a year later since they told them this. If any one could advise me as to a) who is the authority on these matters and who can force them to cough up, and b) how would we go about getting the default notice removed from his credit record? Any advice much appreciated!
  4. Hello there, My contract with t Mobile is for 500 minutes and what I thought to be free unlimited landline calls. for £26 a month. This month I received a shock bill for £255. I rang them and they said I had gone over my allowance by 517 minutes. I requested a bill and yes I had gone over my allowance by this many minutes but they have charged me 40p per minute for every minute, landline or otherwise. I can't find my original agreement with them which I guess I can ask for (will they charge me?), but my main question here is whether they are really allowed to charge 40p per minute, which is daylight robbery! Also they at no point le me know when I had used my allowance, obviously I wouldn't have used my phone if I had known. The bill has been paid by the way as I didn't have a choice, but I shall be writing to complain, but I just wanted to ask if anyone could give me some advice on how to deal with this. Many thanks
  5. No it's not on my CRA file, nor do I ever remember seeing it on there. Must admit I have only started to check it in the last three or four years when my finances have improved. I did have a ccj on there a few years ago but it wasn't for RW, I think it might have been an old phone bill from when I was a student. I have thought about complaining to the Fos, but thought it might be a drawn out process. Actually I might do that anyway, I have threatened them with reporting them so many times so I'll do that and write to them again and tell them I've reported them, good idea?
  6. Actually I think I posted the original stuff about Rob Way when the forum was called something else and I had to change my username. I can't remember what the forum was called before..
  7. Hi Citizen B. Yes it is. That one is sorted. I just wrote to them telling them to take it or leave it and they backed off and sent me a new agreement for the same amount I was already paying. Hurrah. I haven't been able to find the one about Rob way though, it was rather a long time ago...
  8. Thanks, for this. Yes I used the CAG template Statute barred letter, sent it this afternoon first class recorded. If they did turn up at the door, I 'd probably look a fool calling the police, I don't think they'd bother with a mere trespassing case when they have bigger fish to fry. How long do you think it will take them to reply? Every other letter I have sent had a deadline for their response on it. If they don't reply at all I will be constantly peering out of the window! Thank you very much for all of your help!
  9. Thanks for your replies. According to my records the last payment was made before 30th Sept 2005. Well before I think as that was the date on the info from GE that they sold the debt to a DC agency (Viking at first I think). It isn't on my credit record and I don't remember it ever being on there. I haven't acknowledged any responsibility for this since the last payment was made over 8 years ago. What do you mean by "much more aggressive"?? Are they entitled send a court order still?? I've already send the statute barred letter this afternoon. Argh, what now? Thanks!!!
  10. Hi, I did post on here some time ago about this problem with Robinson way but I thought it had been resolved and now I can't find the thread. I'm just abut to write to Robinson way but I need some advice/reassurance before I do so I would be ever so grateful for some! Recap: Got hassled by Robinson way for years (from 2005) until I sought advise and started writing to them and told them I would only deal with them in writing etc etc in about 2010. Asked them to produce my signed credit agreement (2011) to which they replied saying they couldn't, but did send me all the other stuff requested in the SAR, everything they had. In their letter they wrote "....we have been unable to obtain a copy of the agreement from the original creditor. Whilst this means that credit debt may unenforceable through court, it does not mean that the debt does not exist or that we are not entitled to pursue you for the amount outstanding." This letter was dated 20/4/11 and 4 days later I received a 'doorstep visit' but I told the guy to get lost and that I would only correspond in writing. Immediately I wrote to Rob Way and said the following: Please be advised that I will onlycommunicate with you in writing. I have noted your repeated attempts to contactme by telephone over the past year. Furthermore, I received a “doorstep call” at 19.05 on 24thMarch 2011 - please be advised thatunder OFT rules, you can only visit meat my home if you make an appointment and I have no wish to make such anappointment with you. There is only an implied license under English Common Law for people to be ableto visit me on my property without express permission; the postman and peopleasking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB384. per Lord Evershed M.R.). Therefore take note that I revoke license underCommon Law for you, or your representatives to visit me at my property and, ifyou do so, you will be liable to damages for a tort of trespass and action willbe taken, including but not limited to, police attendance. I have written to you twice requesting a truesigned copy of the Credit Agreement associated with the above account alsostating that statutory notice was given on 24th March 2010 underSection 10 of the Data Protection Act to cease processing any data in relationto this account with immediate effect. This means you must remove allinformation regarding this account from your own internal records and from myrecords with the credit reference agencies. Should you refuse to comply, youmust within 21 days provide me with a detailed breakdown of your reasoningbehind continuing to process my data, as you will see in the enclosed copies ofmy original letters. I also never a receiveda response detailing your continued processing of my data. I have, however, received several letters ofdemands for payment since the timescale for your compliance had elapsed on 14thApril 2010. I am familiar with the ‘Office of FairTrading Debt Collection Guidance’ which states that it is unfair to senddemands for payment to an individual when the account is in dispute. I have also written to GE Money for a SubjectAccess Request, for which they have 40 days to comply, a copy of which is alsoenclosed. I would also point out that the OFT say under the Guidance that it is unfair topursue third parties for payment when they are not liable. In not ceasingcollection activity whilst investigating a reasonably queried or disputed debtyou are using deceptive/and or unfair methods. You have 7 days to acknowledge your fullunderstanding of this letter. Otherwise I will have no option but to advise the OFT of your actions. This is the last piece of correspondence I can find that I wrote to them, and I have nothing else from them while I was at that address. I moved house in February 2012 and had heard nothing. On 21/10/13 they wrote to me at my new address asking if I was the same person as they were writing to at my old address. Knowing full well that this debt is over 7 years old and thought had been dealt with I put the letter to one side but was still thinking about it. Another letter arrived dated 7/11/13 saying "we are authorised to negotiate payment of the account with you. If you fail to pay it may mean blah blah but they have said their local doorstep collection agent may visit to agree a payment plan" Admittedly I have received much nastier letters from Rob way in the past but this seems to be opening up an old can of worms and my biggest fear is that someone will show up at the door when my partner is in - he will go mental if he thinks I've got debt collectors chasing me. I'm pretty sure (unless the law has changed) that they are just trying their luck but I need to make sure no one comes snooping around here. Luckily the last time he was out when the guy showed up but I was pretty shaken up for a couple of days, until I spoke to someone on here. There is a note at the foot of the letter saying that Rob way has been acquired by the Hoist Group - are they just going through their losses before they change hands? Any help with the letter I am about to write would be much appreciated! Thanks very much!!!
  11. Thanks for your reply. Actually they bought the debt 5 years ago but couldn't pin me down for another 2 years or so... it was from Egg but I no longer have any paperwork from the original account and did wonder about PPI and charges etc, but I didn't really know how to go about it (didn't want to open a can of worms) but i might see if I can track it down and find out. I'll draft up a letter now saying take it or leave it then. Thanks very much for your help!
  12. I have been paying DLC about £40 a month for a 6k debt for 5 years now and haven't missed a payment. I received a letter this morning saying that my current repayment plan has come to an end and needs to be revised. They want me to call them (no fear) and no doubt they want me to pay them much more every month, which I don't want to. They have said "failure to do so could result in the withdrawal of installment rights on the account". As far as I'm concerned they should be grateful I'm paying them at all, as I could have shirked the whole debt had I known then what I know now, but I would just like to ask if anyone has any advice for me on this matter. Surely they need to accept the payment amount I have been paying so far - I never signed a repayment agreement or anything with them, only a direct debit form, and if they stop the repayments from me and demand the full amount I would like to know where I stand. I am thinking that by law they are not allowed to reject the amount I have already been paying in order to ask for the full amount (there's about 4.5k left to pay) which I certainly can't afford to pay in a lump sum. I expect this is an empty threat but you never know.. Thanks!
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