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About blimthepixie

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  1. Well I am paying back my overdraft with the view to close it once I am in the black again. I do admit to opening a student account to take benefits of a 2 grand interest free overdraft... I just wanted Apex to prove to me in writing that they have been instructed by Natwest to "manage" my account. I already have a payment plan in place with Natwest so can't I just continue to pay them back? Screw Apex?!
  2. Hello all, I have another DCA on my back now, this time with an existing Natwest account. This is my existing student bank account and I already have an arrangement with Natwest to pay token payments of £1 pcm until my circumstances improve. Unfortunately this has been going on for a number of years due to never having enough cash to settle the debt quicker. I've received from Apex. They wrote to me advising that Natwest had instructed them to "manage my account", I sent them a "prove it" letter as I was still paying Natwest. They replied with some flimflam about being disapointed with me ignoring their attempts at contact and they have "external sources" that prove I can pay the debt. So I CCA'd them, they replied with this: "I can confirm that this request needs to be made directly to the Royal Bank of Scotland as they are the principle company with whom the agreement was reached. Your request will need to made in writing to the address below (RBS address) along with the enclosed applicable fee of £1.00 made payable to the "Royal Bank of Scotland"" I replied with this, coupled with the original CCA request "I recently requested that you supply me a copy of the alleged Consumer Credit Agreement, pursuant to Section 77-79 of the Consumer Credit Act 1974 (CCA 1974). If it is your view that you are not the creditor, Section 175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by Section 189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that Section 189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to Sections 5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). Attached is a copy of my original request and the original payment in the sum of £1.00, which is the statutory fee - remember these funds are not to be used for any other purpose." I waited a few days, got a reply and it was the same as their initial reply stating I have to CCA RBS myself. Can anyone shine any light on this? I have been following advice given on this site and it's been great so far. I am happily paying Natwest. I wish I could legitimately send Apex a letter telling them where to go... Thanks in advance for any advice given Tom
  3. How do you suggest I continue? a) Reply with something along the lines of "why do you need me to confirm that information when you've been sending letters containing personal information to this address?" b) Wait the 12+2 days and then send off the failure to respond to a CCA request c) Complain to the ICO? Again, thanks for the help Tom
  4. Nope. I have tried getting that from them but as I have sort of explained previously they are stalling and asking me to prove previous addresses and my D.O.B but all that is on my file and no-one has checked my file for ages. Can you clear something up for me? Do I have to prove I am who I am, or is the onus on Wescot? I would have thought the latter? Cheers Tom
  5. Yeah, when I moved back up I updated my file so all my previous addresses are on there so I would know where I was at with my existing debts. I have 191 records held under the "linked addresses" section I took out a student bank account with HSBC with an OD of 1250 back in 2004 and made regular repayments until it was classed as settled. I cannot think if I had any other financial services with the bank but I am sure it would be on my credit report??
  6. Firstly, thanks for replying. My parents are on the verge of having kittens, all they see is a figure and panic. Which is what Wescot want I guess? Fletch is correct. They were sending letters chasing a balance and threatening action if I did not comply. I wrote to them from my parents address and they suddenly need me to confirm information as not to breach DPA. I'll definitely draft up something highlighting that. dx, I'm not too sure what I am looking for on my credit report but I've gone onto HSBC, it was settled on 11/04/2010 and I did not default on the account at all. The statement code is green and "0" however the debt when the account was settled was little over a grand and Wescot are requesting just over £5,700. I'd like to see where they got that figure from...
  7. Hello all, I have had an existing debt with HSBC for a few years now and it has been sold on through a plethora of DCA's before winding up with the well run, sensitive, tactile company that is Wescot... they were calling me and sending letters to my parents address (I, coincidentally had just recently moved back into the area) but it seems like they were phishing all my existing addresses on their file? My credit report says that my debt with HSBC was settled in 2010 but Wescot are chasing it. I send them a prove it request and their reply was an offer kindly wiping 40% off my existing debt. I hit them with a CCA and their response was a DPA (Data Protection Act) confirmation request asking to confirm my D.O.B, inside leg measurements and other personal info. Now, does this class as a failure to comply? How can they need DPA confirmed if they were happy to send presumably lots of letters to different addresses demanding a few grand? Do I have to confirm the data, or is it up to them? I've had no activity on my credit report for a few months, maybe ever a year now so they haven't bothered to check there? Any help would be greatly appreciated, if you need more information don't hesitate to ask or if I am misinformed please let me know, Many thanks T
  8. OK, I think I am starting to get my head around this. I will send the LBA with relevant forms and then I will keep you guys updated. Appreciate the help in this confusing topic. T
  9. Thanks again, So are you saying that if I do go ahead and claim for non-compliance then there is a risk I will lose the case? Or that I will only receive the original deposit and not the compensation? I don't have contents insurance so that is a dead end. If the claims for non-compliance are unprecedented then surely more people need to start claiming? I was hoping sending the LBA and a copy of the N208 would be enough for the LL to back down, but what happens if 14 days pass? It would have to go to court then surely? Cheers, T
  10. Thanks for that. So is it two forms and one court fee? Is there any way to reduce legal fees? I'm totally new to this..
  11. Thanks, I have been told this by a few people, I guess I was just worried about going forward. I am currently claiming benefits (JSA) which is a great thing to do straight after graduating, but lets not get carried away. I checked on the gov.uk website and apprently I do not have to pay court costs if I am receiving JSA, as long as I can prove it, which I will be able to... So seeing as I will not have to pay for court costs, I might as well go ahead if the LL does not back down within the 14 days. One final question, I briefly tried to look for an answer on the site but I could not find any - It was a shared tenancy, can I put both names on the N208, or will I need two copies? How does this work for court fees? Does one payment cover all tenants in the property? Thanks T
  12. Hey guys, I've been reading up on a few similar cases and I am just wanting come clarification and some questions answered. Firstly I will try and give you the situation I am in. My partner and I rented a small flat off an Agency who made us sign all the paper work and an annex to the original letting agreement stating that the deposit is to be secured. They then said that the LL wanted to do all the maintenance work on the property themselves. Ok contract signed, moved in. There was no inventory to be signed, no dated photographs to sign either (I have had to do this before) and after we moved in there was a very bad case of damp in three rooms of the house. It was so bad we had to move the bed from the bedroom into the living room to avoid breathing in spores. To be fair we did complain and it did get sorted. Anyway, trying to get back on track. Our tenancy was up, the LL was in Peru and was unavailable to come round for a walkthrough and to discuss any damages. She got back and informed me that the floor was damaged, the kitchen worktop was also damaged and swollen from dampness and there were black hand prints on the walls. Now I will say this now, the handprints were my fault (I work on my car) and they were around light switches and doors - I have admitted to doing this and I forgot to paint over them before I moved out (they are only three spots of muck). She is claiming the property will need a full repaint which I feel is unrealistic as the property was not freshly painted when we moved in. Can this be wear and tear? I was thinking of offering a goodwill gesture as I know this was my fault. Moving on to the kitchen worktop and floor. I have asked for photographic evidence, I have not received any of the floor yet, but the kitchen worktop she sent me is filthy, but upon closer inspection I can see plaster dust and white hand prints and smears on the surface. The LL had the builders in to extend the bedroom into an en-suite so I am guessing this is dust arising from the removal of plaster boards. The LL has no previous photographic evidence and only anecdotal evidence from friends, the handyman and relatives. The handyman has been round several times and has not said anything regarding the state of the flat, and we had the LL show a new tenant round and inspect the property and nothing was said then either. I want to know where I stand, from what I have read on here I can sue the LL for non-compliance but what about her withholding the deposit? Would this stand in court? surely there is not enough evidence on her part? I have been keeping all emails as proof but she did ring me up and pretty much beg me not to take her to court as she did not want to end the relationship on a "sour note" Any help would be greatly appreciated, and if you guys need any more info, or think that I have missed something out then please let me know Cheers T
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