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Everything posted by jo5ephedward5

  1. if this is Halifax and Bank of Scotland, can i send the DSAR to HBOS and get onfo on accounts held with both or do i have to send one to halifax and one to bank of scotland? Cheers
  2. i did get a letter of assignment - it was to say the lease a fake - i wrote to HOBS to confirm they sent it but got no reply - this was 45 days ago...the one i had is on my thread and was from Euan McPharson but had no job title, no contact number no department etc etc
  3. does it tally with her payslip...could just be a good bonus month? (and if it does i dont see that they can do anything)
  4. I have this problem with CapQuest (DCA) - following failure to issue documenst under the CCA, i have written a similar letter to them and one to trading standards - CapQuest refuse to return my debt to HBOS! - i also sent HBOS the CCA and have had nothing (over 30 days) what now?...this is what i am going to do (sure you can apply some of this) Full DSAR to HBOS to see if they have had any payments from DCA & find out total owed? then total up charges on the account (there is bound to be lots) Claim off HOBS and have this knocked of the total owed...then see if there is a difference between the 'new' total and the figure paid so far to DCA, then calim for the difference back via small claims court does this make sence?
  5. i guess this depends on weather or not you have signed a new agrement - it may be worth in this instance insisting on signing (i never thought i'd say that!) just so they cannot say you are breaking the original agrement - also get your credit file as if you are paying less it shoudl say agremnent made (it does on mine where i have changed the figure to less on a loan)
  6. I've not had a responce from Trading Standards yet - there are some people who have had trading standards ask what they would like to be done about it - think people have said have their DCA license (or what ever its called) revoked - they leave messages you cant herad just fuzz except the number to call, even whe nyou answer a call they do this till they can tell you have answered - their tactics are shocking! One guy had a trading standards respose saying that his complaint had been forwarded to a different branch as they were taking a particular interest in CapQuest - i think things are moving just slowly... Alan is a great help, he has commented on my situation - see my thread (link in signature) for his comments, i'm sure you can use some of it Good luck! - u may need it
  7. i think its 40days for a DSAR - not working days just days.
  8. They have not complied with the CCA - so, you are within your rights to stop payment (if u started), and when they contact you again (not before) I would reply stating that they are in default, and that should the persist in trying to enforce the debt whilst in default you will contact Trading Standards. they can still sell on the debt i think, and it all starts again - tho if CapQuest dont have the info i doubt if they sell it it will appear! if they dont give you the info within 30 days they cant case you for it... i'd like to know if they provide it after the 30days do you have to look at it seriously or is it too late?
  9. I have had this with CapQuest twice - they are still chasing me every day - i had a letter off them telling me that there computer made an error and the debt would not be returned lol - they are shocking! my thread is in my sig and ther is a huge thread about them on Grumbletext, UK consumer complaints - post online and via SMS text message! if you search CapQuest. they are by far the worst DCA i have ever come across - on grumble text there are 20+ peopel that they have not furnished with the documents and are still calling daily and writing from their solicitors (that are fake and have the same address as CapQuest!) I dont think they request teh info tbh - after all when i asked my original credtior they didnt wnat anything to do with it! My advise is ignor them keep all correspondance and see what happens
  10. Both can be difficult - but if you do things corrrectly then theres not much they can do! you will still have to pay the warrenty i think... this was taken from National Debtline England & Wales | Debt Advice | Factsheet 16 How To Deal With Hire Purchase Debt You have the right to terminate and end your agreement under Section 99 of the Consumer Credit Act 1974 at any time before your last instalment is due, although you will have lost the right to terminate your agreement if the creditor has already terminated it or if the full balance of the agreement has become payable. If you decide to terminate your agreement voluntarily and hand back the goods to the creditor, you should only have to pay up to half of the total amount payable under the agreement, minus sums that you have paid and sums that are due. Sums that you have paid include any deposit plus the instalments that you have paid: sums due are any arrears/missed payments due at the time of termination. The one half or 50% figure is stated on the agreement in the box headed "Termination: Your Rights". You will then also owe any arrears (missed payments) plus damages if you have failed to take reasonable care of the goods (over and above normal wear and tear). The creditor might argue that there will be an extra charge for damage or unusual wear and tear. It is important to look at any charges to see if they are reasonable. See the example in Appendix I. It is very important that you tell your creditor in writing that you are terminating and ending your agreement. If you do not terminate in writing the creditor will not treat it as a voluntary termination and you will not be able to benefit from the 50% limit on your liability. Keep a copy of the letter of termination in case you need proof of this later. We have included a sample letter in Appendix III, which you may want to adapt and to send to your creditor when terminating your agreement. Warning: You may have a default notice sent to you by the creditor because you are behind with the payments on your agreement. Once the time has run out on the default notice this may mean you will have lost the right to end the agreement voluntarily and return the goods yourself. It depends upon your agreement. Your creditor may have called in or "terminated" the agreement when the default notice runs out. Some agreements say another notice to terminate the agreement has to be sent to you after the default notice has run out. Phone us for advice. Warning: You do not need to have paid the "50%" to be able to terminate your agreement although some creditors say you do. All that is necessary is for you to give notice to the creditor in writing that you are terminating the agreement. Also, where an Hire Purchase agreement contains a separate subsidiary agreement for insurance products (e.g. for payment protection insurance and/or a guarantee or warranty), it is not necessary to pay off this agreement before terminating the Hire Purchase agreement. However, terminating/ending your Hire Purchase agreement does not terminate a subsidiary insurance agreement. You will remain liable to pay it. Some creditors try to charge you for collecting the goods after the agreement has been terminated. It appears that this is not allowed under the Consumer Credit Act. If asked to pay an additional charge, you can complain to your Trading Standards Department or phone us for advice. Your agreement may say that you have to return the goods to your original supplier or somewhere similar. You should not be asked to return the goods further away than is reasonable on the grounds of cost and distance.
  11. did you put a time on it for them to get back to you? it should take 14days but can take up to 30
  12. I've had this before - i wrote into the manager and got a free meal for 4 - at least it was something!
  13. If you have been up to date and you hand the car back in good condtion at any point after you have paid half the ballance then you should be fine - not sure if its when you have paid half the price of the car back or half of the agreement but i assume it will be the higher figure! having said that it will say on your credit file that you terminated early and should show as satisfied - i'm unsure if this will look good or bad to creditors...also if you have poo credit just paying your car on time and nothing else will have done little for it - if however you just had nothing on credit to prove your worthy of paying it, then you may be ok with a bank this time
  14. Taken from National Debt Help Line National Debtline England & Wales | Debt Advice The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Re Account No/Reference No:− XXXXXXXXXXX Since making that above agreement with you, our circumstances have changed. We cannot now afford to agreed monthly payments because ... [your paragraph added here] We enclose a Personal Budget sheet which shows our total income from all sources, and our outgoings. As you can see we have only £XX per month left for our creditors. The offers we have made to our creditors have worked out on a pro−rata basis, and we have written to all our creditors asking them to accept reduced payments. In view of our circumstances, please would you agree to accept a reduced offer of £XXper month. If interest or other charges are being added to the account we would be grateful if you would freeze these so that all payments made will reduce what I owe you. Should our circumstances improve we will contact you again. We would be grateful if you would send a paying−in book to make it easier to pay you. Thank you for your assistance. We look forward to hearing from you as soon as possible. Yours faithfully Mr A N Other the website is great and full of letters to use and buget planners good luck
  15. yeah - i get a feeling that Black Horse havent got a copy of this - obviously time will tell but so far i think that it is the form that they use to enquire what i want / need - they have then filled in the stuff with Black Horse and had it all included in the totals - i've signed the Black Horse forms assuming i had got what had just taken 2hours of my time and 10 forms / signatures. the Black Horse forms include the products i have not asked for but i signed these in good faith assuming that he hadnt fixed what i agreed to! - i know what a fool!, he also didnt say i could take them away to read and i now knwo i could have! I think if i send the DSAR to Black Horse i should also send it to CarLand and see what they hold...or as they are technically a non finacial body do they have to issue it and indeed after 18 months will they still have it?
  16. I have a similar issue so this advise has been good - Defo send the CCA and they should have to drop the Extra Care collection efforts to - tho they may keep handing it to other collection agencies! they have also defualted my account - can i use the grounds of no paper work as lea-way to get this removed? - i hav eseen the Defualt threads but as there is no paper work so no enforcable debt how do you tackle it?
  17. I know - but how do i prove that i didnt sign it? I think as its an ammendment it shouldnt have been signed by him to confirm the alteration - it should be me that does that...like with a cheque?
  18. Whats the likelyhood of winning for something like this? ie isnt it your word against theirs?
  19. There is no mention of the loan being secured on the car- on the terms and conditions it says i can sell teh car but muct inform BH within 7days of sale - i tried to sell it and found it was on the HPI register...if i was able to sell it i woudl be in breach for selling it with linked finance - Trading Standards said dont sell it - BH form says i can but they have made it impossible to do so by adding it to the HPI register! Also mis-sold PPI, i didnt sign for it - there is no terms and conditions for it - its just scheduled into my list of what i'm paying back - i didnt even know i was paying it till recently for the warrenty i had ticked 'no' and signed it and the salesman has crossed my tick out and ticked yes and he has signed next to it - now if i wanted a change i should sign it not him else they could put anything through! I'll send a DSAR this week and see what comes back but it seems a bit like the yes car credit saga - and they seem to claim back PPI without to many issues
  20. you shouldn't have any info on other peopel at your address unless its marked for fraud (i think) this was taken off the experian site (Ask Jill section) Dear Jill,Not to blame I am in the Forces and frequently move houses usually about every two years. When applying for loans or credit, I have to give previous addresses for the last five years. The only problem is that I have no control over what the people before us in the houses did with their credit history. Is it true that companies use addresses to check for credit history and if this is so, how do I ensure that I am not penalised for moving into a house that has a dodgy past? Andy, Warminster Dear Andy, You needn't worry. Lenders do not check addresses, they check individuals and it is only your creditworthiness they're interested in and only your information at past addresses that they see when you apply for credit. People who live or have lived at your previous addresses cannot affect your creditworthiness. People who move a lot sometimes get a lower credit score than those who stay in one place, though, so it's worth pointing out that your are in the Forces and this is the reason for your frequent address changes. And make sure you register to vote because that is one of the ways lenders check your identity and that the previous address details you give are accurate. Give them a call and ask why this information is showing on your file and ask for a fresh one with just your info...after all its you that is applying for credit not anyone else! Once you have this sorted defo look at applying for the Nationwide Flex - my credit is poo and i have 4 unpaid Defaults - they gave me a 1900 Overdraft, 2600 credit card 7000 loan of course i paid off all prevous debts with these and now have just the above and my car loan...its amazing i actually owe £2K more now and it will be paid off in 3 years less and the payments are less - i love being treated like a 'normal' person and not scrutinised for past mistakes! Good luck.
  21. I'm going through this with Black Horse / CarLand...see link in my signature I think that you should go after the Garage for any mis-sold items as the finance company tho it pains me to say it are only supplying what the garage has requested...i assume the higer the loan is the more the garage get in commision so thats why they are so pushy and lie...lots! i will keep you posted if i get any further info!
  22. I went to CarLand and they sorted the finance through Black Horse - i keep thinking Black Horse are at fault but the more i look into it its CarLand - so what do i do? So hows this: Send letter to Black Horse RE: getting my car off the HPI register (as shouldnt be on there) & request a copy of all the finacial paper work (is it worth sending a DSAR to get all info they have?) when i have compaired what Black Horse have got compared to what i have got i'll write a letter to CarLand RE: all the other factors and hopefully they will refund me whats rightfully mine (the Paint Protection) and with some luck the stuff they forged for the warrenty and the miss sold PPI all advise welcome - i'll be typing up letters properly tonight and will post up here. Cheers
  23. Ok i'm currently writing to Black Horse to complain about everything from mis sold PPI to paying for products i was told were free and never received regardless of cost! What i would like to know is are Black Horse at fault for anything other than putting my car on the HPI register when it wasn’t brought on HP – I know that if it was on HP they would be, but as i'm trying to steer them away from treating it like it should i take my claims to Car Land who were the dealership? My complaint will include: 1) PPI that i didn’t ask for and didn’t even know was added until i re-read my stuff! 2) Paying £100 for paint protection (even tho they said it was free) and regardless of this it was never as i never went back to have it applied 3) a £800 12 warranty on a car with 12months manufactures warranty remaining and after i ticked the no-thanks box the sales man has amended it and signed the amendment! 4) Selling me a car with a personal loan but placing it on the HPI register as if it were HP. Now i was going to send it to Black Horse but i suspect only the HPI part is their issue as they leant me what Car Land had asked for - or is it still their responsibility? Cheers
  24. the information is very different in some cases - my credit files show the following: Equifax total owed 22,568 Defualts - three mobile, halifax, index extra Experian total owed 24,769 Defualts - as above plus welcome finance Call Credit - total owed 2345 (thats gotta be wrong lol) Defaults - halifax only there are also many inacuracies on my experian file - will be disputing them soon!
  25. So what action can you take? ie what are the options? I completely agree - i have been dealing with a few collection agencies and they dont play ball - i have no problem in paying back what i owe to the original creditor if they would accept payments - the thing is most debt i have is from charges that i need to claim back then the rest is DCA charges for taking on the debt and writing to me etc - so if i write the correct letters make a few claims and do things right i should be debt free without trying to avoid my past debts - i'm sure many are in the same boat!
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