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About cheesed_off

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  1. Hi The agreement states the following under point 16: "If we decide to close your account, we'll either give you at least two months' notice in writing, or, subject to sending you a default notice, we may close your account and demand immediate repayment of the outstanding debt, if you or an additional cardholder: regularly or seriously break any of the terms of this agreement, for example missing monthly payments or going over your credit limit, gave or give us any false or misleading information, are declared bankrupt (or an equivalent in another jurisdiction) or make arrangements with your creditors, (this does not include additional cardholders) are reasonably suspected of using or obtaining, or allowing someone else to use or obtain an account illegally, or your account is, or we reasonably suspect is, being used for an illegal purpose, commit fraud, or we have grounds to suspect fraud, are threatening or abusive towards our staff, die, move abroad. These are all situations that we consider are in breach of this agreement. If we think that you can rectify this breach, we'll send you a default notice that will give you at least 28 days to do so. If you haven't rectified the breach in this time, we'll close your account and ask you for immediate repayment of the outstanding balance. We may also have to close your account if the law states that we need to. So they are covering the point that if you enter into a debt managed plan, they have the right to default your account. My issue is that when I entered into the plan - the amount they were paid was double the minimum payment and I was going into the DMP to manage all my debts in one place. Some creditors got less than their contractual payment, some got more - just depended on how they faired in the pro-rata. Do you reckon it would be worth going to FOS? Or would they say the same, regardless of payment amount over the minimum, it was a dmp and therefore the account should be defaulted?
  2. Anyone able to assist me? Thanks CO
  3. I have just checked the above link at it seems to open up a copy that is a bit easier to ready.Really welcome your thoughts on the above default notice, as I am not convinced it is in the right terms. it also dosen't specify the amount I was over the limit to remedy the breach?Thanks CO
  4. Hi Sorry about that - hope this one is better? CO
  5. Good evening. I raised a complaint with Capital One, as I recently checked my credit file and noticed a default notice on there. Now I have been making repayments to this debt via a debt charity, and not disputing the validity of the debt, however I do not remember getting a default notice. They have responded to the complaint and said that they did send one, and I have provided me a copy. However it doesn't look like a standard default notice to me, and the reason they state as the breach is due to a long term repayment plan. Now looking at the Capital One website, as I don't have my CCA agreement - it states the minimum repayment is 1% of the outstanding balance of £5 whichever is higher. Based on the balance I had at the time (which was over its limit) this would have been a monthly repayment of £7.60. The debt charity made payments of double this amount monthly. Therefore I am wondering if to take this to FOS, as if the only breach they mention is relating to the long term payment plan - if I am still fulfilling the minimum repayment, is the default valid? I have uploaded what they sent me. I welcome your response Thanks
  6. Hi. This is what I was thinking. It was more because they suggested FOS if I wasn't happy. I was surprised it was such a good offer that I thought I was missing something! I'll accept it. Thanks for your help!
  7. It's £175. With that, it does take it down to me paying back 25% of the original advance that was in my account. I think I've already answered my own question, it's good enough to accept rather than go to FOS
  8. Hi Looking for some advice. Dont want to give too much information to prevent them from identifying me. I made a complaint to a payday lender regarding the affordability of my loan and the default on my credit file. They have responded offering to write off the balance and consider the account settled, remove the default and offer a goodwill credit to my account. I only ever had this one loan from the company. I have still not paid back the original advance, therefore writing off the account and a goodwill gesture would mean I only paid back approx 25% of the original advance, never mind the original agreement with interest. I am a little surprised that they have offered this, and they have advised that I can take the issues to FOS if I am not happy with their offer. Now I know FOS takes a long time - but I am curious as to the gesture, I doubt FOS would do anything more? I welcome your thoughts
  9. Hi I had received a response back from PaydayUk regarding a default notice I registered a complaint about. They have said that they were not required to send a default notice or a warning, as that's only required under certain scenarios (quoted CCA). They advised that as my payday loan term had ended and still had a balance on it, and no payment proposal (despite awaiting contact from a free debt management charity) that a default is not required. They stated the ICO require the company to report the true status of the account. Do they not have to give you notice of the intention to default, or have 15 days to clear it before its issued? Thanks. CO
  10. Well that's not good to hear regarding your complaint! Let us know how you get on with your email and the option you choose! CO
  11. Who is it you are dealing with at Blemain? Are you speaking to them on the phone or is everything in writing? Send an email to the collections email address and put it for the attention of Steve Allott, Customer Support Manager. A few people have done that and got somewhere. Worth a shot while considering the above options! Also I'd request an up to date statement. I received a letter a few days ago advising of the new charge for going into arrears, when my original complaint was about £30 phone calls. Have a look to see if you've got old charges on your account you could claim back as it looks like they've changed it (maybe to do with the fine?) Good luck. CO
  12. I take it the email was ignored then or have you had some success? Fingers crossed! Co
  13. brilliant - keep us updated on what they say!
  14. Oh no, Blemain up to their old tricks again! It sounds like you have incurred arrears charges, and yes they used to charge per letter and send you as many as possible to up the profits!! While you are working on completing the spreadsheet, fire off an email to them at collections@blemaingroup.co.uk and ask them to review the charges applied as you believe they have charged you unfairly. They will then have 8 weeks to respond to your complaint. That way you can go to FOS all the more quicker if you don't get what you think is fair! My partner has had old fees wiped from his account by doing this and the recent SAR we received doesn't show anymore! I wish you luck!
  15. HiYes my partner has a loan with Blemain (& GE) - which we had problems with a couple of years back and it wasnt a positive experience. I like to keep my eye on what they are doing. I was worried then as when we fell into arrears we got a monthly fee, I think I am going to request my statement to be on the safe side!CO
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