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ccholland

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Everything posted by ccholland

  1. Hi - well today I received a letter from them as follows (my scanner isn't working so please bear with me): ''Your comments have been duly noted, however, I would refer you to our letter dated 9th October 2014, in which we have already provided you with a copy of the agreement, which is the legally binding contract between you and NewDay. I can only therefore reiterate that we have provided you with all of the information that we are obliged to supply under UK Law. We do not accept any of the terms or fees outlined in your letter, which I must again advise does not reveal any reason, legal or factual, as to why the debt owed by you to NewDay is not due and payable. The points you have raised have no legal merit, and your obligations remain. We will continue to report the details of the account to the Credit Reference Agencies and any information already recorded will not be removed.'' I have left out the usual blurb about Citizens Advice, etc. Firstly what do you think of the content as all they have supplied is a copy of the original application form from 2001 processed in store and a copy of the current NewDay terms and conditions for a credit card so i believe my points raised to them do have legal merit. Basically they have not complied with the CCA request - i would post up a copy of what they have sent me but as i said earlier my scanner is playing ball - may try and photo them and upload.
  2. Morning, I sent them a letter stating that they hadn't fulfilled the original CCA request and now I'm waiting for the response - I didn't elaborate too much as to why they hadn't complied as that's for them to work out - interestingly I have found some original paperwork from the time I applied for the card so i'll wait and see. I'll keep you posted. How you getting on with yours?
  3. Morning, just thought I'd let you know that I am writing back to NewDay to advise that my CCA request has not been fulfilled - will keep you posted in case anyone may be interested.
  4. Thank you for that - this debt is not on my credit file and would have SB around June time off the top of my head - would it be worth sending a SB letter now or just ignore them?
  5. Mind you thinking about it if they never proved that they were indeed assigned the debt should and the judge could not see that they had proof should they be continuing to deal with this account? Interested to see what people think on this. Thank you.
  6. Hi Andy, Ok thank you - as long as that is all it is if you know what I mean - bit thrown as first one they've ever sent! Thanks again.
  7. Hello, following my last post in July this year I have had a letter from Marlin advising of the account balance for the period from March this year until the end of September and that I should contact their agents Shoosmiths to discuss further! I am frankly amazed at their arrogance unless this is an automatically generated letter - should I ignore them for now? Thanks.
  8. Hi - I have today received a reply from NewDay Ltd (not to the email I sent by the way!) dated 9th Oct '14 where they advise they have included a copy of my Credit Agreement, Terms and Conditions and Statement of Account. I beg to differ to be fair! The 'Credit Agreement' is a copy of an application form, the 'T's and C's' are on 3 separate pages which are not referenced / dated and relate to a Santander Credit Card and NOT the Debenhams Store Card which was provided by GE Capital in 2001 which is when I took the card out!! The 'Statement of Account' is one line in the covering letter advising how much they say is owed!! What I would like clarifying if someone wouldn't mind is are the pre-scribed terms which should be shown for a Credit Card the same for a Store Card as I am going to write back to them and advise that they have not complied? Many thanks.
  9. Of course - no problem and thank you for taking an interest. Have a good rest of the weekend.
  10. I can't either. Normally the named contact on the register for a company (in this case NewDay) is supposed to be quite high up in the company so shouldn't ignore any correspondence - I have had confirmation of delivery of the email so i'll see what happens - I gave him 7 days to get back to me.
  11. Thank you. I have made a note of his contact details. I have just sent off a formal complaint email to the named contact for NewDay Ltd showing on the FCA's Consumer Credit Register - should be interesting to see if I get any reply.
  12. Morning All, I have had no response at all to my CCA request, not even an acknowledgement, and their time was up yesterday - not too sure whether I should wait a bit longer or get a letter of complaint off to them - any thoughts would be appreciated. Many thanks.
  13. Hi - I just sent them a version of the template letter in the library. I'll keep you posted when (if) i get a reply. Good luck with yours.
  14. Hello - I haven't heard anything yet (surprise!) - are you having any dealings with them?
  15. Thank you - I had those details but I thought if I sent to the so called 'head office' and addressed it for the attention of the Compliance Officer it was less likely to be ignored - that'll teach me!
  16. Hi, I used: First Floor, 11 Tower View, Kings Hill, West Malling, Kent, ME19 4RL. I have letter from them dated 5th Sept 2014 and on the bottom it states that they are at this address until 31/10/2014 and then after this date they will be at Two Pancras Square, London, N1C 4AG.
  17. Hello, I was wondering if anyone could let me know what they think of a little dilemma I have at the moment with NewDay Ltd please. Yesterday I posted a CCA request along with the £1.00 PO to their current registered address and today I checked the Royal Mail website and apparently the letter is to be 'returned to sender as addressee has gone away'?? I then went on to the Interim Consumer Credit register and the postal address I used is the one still on there. I have noted the email address of the main contact from the register when the letter gets back to me I shall email this person to ask what on earth they think they are doing. Does anyone have any thoughts on this as I would be grateful for some input before I continue trying to contact them - I could phone but I do not want to be drawn into a long winded conversation with someone trying to fob me off. Many thanks.
  18. Hello Andy, Thank you. back in 2000 I had a Credit Card with Yorkshire Bank and Unfortunately with one thing another I could not keep up the repayments and defaulted in April 2008. I attempted to stick to a repayment plan but in the end YB were unhelpful to say the least and I 'gave up' for want of a better phrase. Consequently I buried my head in the sand and ignored all letters, threats, etc. Now out of the blue last year I had a letter from Marlin advising they had acquired the debt and very very quickly after that letter came a Letter Before Action from Shoosmiths. I unfortunately ignored that (I can see you shaking your head now) and then came the Court Forms from Northampton. I cannot remember how I came across this site (google search on what to do next I think) and after reading through a lot of posts I filed a defence refuting their POC. Then I exchanged numerous emails with a 'professional' at Shoosmiths with regard to my CPR31.14 request and guess what they never supplied all of the info - they provided a Default Notice and a very dodgy looking letter proclaiming to be from the bank advising assignment - they provided a very poor copy of an application form which they were adamant was the original agreement - never saw sight of Deed. Now due to personal family circumstances I stupidly did not file a bundle or Witness Statement on time and did not send anything to the court (please don't tell me off). After resigning myself to the fact that I had had it and they would get a Judgement out of the blue on 26th July I had an order from the court advising that a hearing to strike out my defence was to held on Monday this week! I had nothing from Shoosmiths so was very shocked to say the least. I attended the hearing along with a letter from Shoosmiths which I received on 28th June advising of their costs cheek or what. The Judge advised that Shoosmiths had asked for my defence to be struck out without this hearing but the court decided I should be present for which I was very grateful. The Judge advised I could not rely on any evidence at the trial which was due today (2nd July) to which I totally understood and did not make any objections to - she said the trial would go ahead and I had to be there no matter what!! The rep for Shoosmiths wanted to seek the costs and she said NO - you should have seen his face! I guess she must have thought the same as me that they had tried to ambush me as their case was flawed - and guess what I was right! Their paperwork was an absolute shambles! They stated in their POC that the creditor was Clydesdale Bank t/a Yorkshire Bank and that the debt had been assigned to Marlin on 18/10/2006 however in their Witness Statement they advised the DOA was 18/9/2009! Also when the credit card was taken out YB were not a trading of name of Clydesdale as this did not happen until 2005!! I saved these little gems for when the Judge today had finished asking Shoosmiths rep questions and said to me did I have anything to say. I told him about the dates, trading names, application form instead of CCA which had the date signed missing and all the relevant prescribed terms missing as well, the application form clearly had Yorkshire Bank Plc on the bottom - well that was the nail in their coffin I think as the Judge immediately asked the rep what his thoughts were - bless him he stumbled a bit and then the Judge said I think you had better go and phone Shoosmiths to see what they say! After a break of about 15 minutes while he did this we went back in and the rep said the details on the POC were a 'typo'! The Judge just stared at him and then said to him please do not continue! He told him that the case had failed for the following reasons: 1. Incorrect date of assignment and no document to prove assignment had occurred. 2. The original Creditor could not have been Clydesdale t/a Yorkshire Bank as one PLC cannot trade as another! 3. The apparent letter from Yorkshire Bank advising of assignment seemed to have been made up as not in format of other letters from the bank provided in bundle. 4. No Credit Agreement as the document provided in his view was an application form which was not sufficient. He did not award costs, etc but I did not want to push anything and he just said there was nothing more to say on the matter. I think I was in shock - happy but in shock. I thanked him and left. When I got home I had a another letter through the post from Shoosmiths claiming additional costs for today!! Funny how they can post those letters but can't post anything else - ie proper copy of Credit Agreement and to let me know that they wanted my defence striking out!! I do not know if they would attempt to come after me again but this debt is no longer showing on my credit file and I have learnt such a lesson. Last week I had a letter from Cabot saying they had been assigned a debt from Halifax and their 'agent' Marlin was dealing with it - I then had a letter from Marlin advising would advise Cabot to take me to court. I quickly send off a 'prove it as I do not acknowledge any debt to you' email to both of them and then a CCA request to Cabot. Nothing yet on the CCA but I did get an email reply from Cabot saying the action would be on hold, etc, etc . I am not going to let them railroad me again! Sorry for waffling and thanks for reading and also for the all help (albeit indirect) as without me reading your site I would have been lost and a bit of a wreck!
  19. Hello, I think I am still a bit bewildered after this mornings events To cut a story short I faced a rep for Shoosmiths in court this morning claiming for Marlin on a Clydesdale / YB credit card the Judge tore their paperwork to shreds and told them to go away!! If anyone is interested in hearing the full story so that it can hopefully help others in any way please let me know. Thanks for the great site as without it I guess they would have walked all over me! Good luck to you by the way robingetz. xx
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