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miss muppet

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Everything posted by miss muppet

  1. You will probably get passed to FIRE next, another one of their companies and then you will go thro the cycle of nice/nasty letters i.e. "once and only offer, so much percentage off" then pay up or else", this is what has been going on with my OH's account and now they have passed it to Phillips DCA/Bailiffs, sent them "I am bemused letter" back again few days later "pay up or the boys are coming to get ya" now I've CCA'd them. Well done so far, as has been said tho' mostly don't communicate with them unless you want (as you are doing) to tie them up in knots.
  2. Hi me again, Thought the following link might be of interest:- http://www.consumeractiongroup.co.uk/forum/showthread.php?128587-info-CCCS-PAYPLAN-experiences
  3. Hi Minimoo, Sorry noone has replied yet. The way to go is up to you - I don't think it would hurt to CCA and see what they come up with, you can continue paying what you can afford and no more, this is not a priority debt as you know. You could go thro the CCCS but this involves letting them have sight of income/expenditure and setting up a payment you can afford. You could later down the line send a CCA request and still continue paying them the minimum amount until or if they don't come up with an enforceable agreement which after 12 + 2 days then puts the account into dispute. I had a payment plan set up with MBNA with interest frozen but was cross because I found out that they had added PPI without my knowledge so I CCA'd them and found they didn't have any kind of agreement. They still took me to court seeking a summary judgement, I was lucky, I got an excellent DJ with thorough knowledge of Consumer Credit and they lost, had to pay my costs and discontinue. Admittedly, mine was only the small claims court so costs were limited. MBNA are particularly bad for telephone harassment so the above can be a scary route. With regard to being able to clear up the other cards with the amount saved from not paying one, if you go the CCCS route you would be expected to be fair to all the creditors. Well done for taking the first step and realising that things can't go on the way they are, £230. is way too much to be paying when council tax is one of the priorities, maybe try talking to MBNA first and seeing if they will come up with a reasonable plan, freezing the interest and of course, you will want this in writing. Let us know how you get on.
  4. Hi firstship, Have you made a formal complaint to Natwest about this? Once you have exhausted their complaints system and have their final response letter you can send the complaint to the FOS to deal with, if nothing else it will cost them for the FOS to look at your complaint.
  5. Don't phone the fools wisingup and start your own thread. Send Lowells a CCA letter in library and don't sign, recorded delivery £1 postal order. SAR to Freemans, Lowells are going nowhere with this.
  6. Did you send a subject access request, they have 40 calendar days to comply with this and then you report them to the Information Commissioner if they don't comply.
  7. Hi MC, personally had no luck when complaining about Capquest to the SRA, you could try a complaint to TS/OFT as they (1st Crud) have already been pulled up by the OFT, worth a try anyhow, I usually leave my ansaphone to deal with them.
  8. Just when you were complaining that you were becoming brain dead due to daytime tv, along come lowells to save you Postggj!
  9. You're right about the warnings and then a default notice, may be best to keep quiet on the last aspect at the moment as this could be your route to unlawful repudiation of contract especially if they terminate and demand the full balance.
  10. Natwest, helpful banking, don't think so!
  11. Good to see you back postggj, make sure you rest up and plenty of nourishing food.
  12. I was pretty much on the same scheme Martyn, I was paying them £60 pm and then I noticed they had started adding PPI as soon as I started on that (I had had cancer which is why I'D found myself in difficulties) so then I CCA'd them, not even an application form, they reacted in their usual way by harassing both at home and work and then took me to court to get a Summary Judgement. Long story short, could have been tricky cause I'd managed to get back penalty charges in the past but explained to DJ that I didn't know about my rights under the CCA at the time of payment plan and won the day getting £200 costs of them. Not bothered about my credit rating as I would never go that way again, not a peep from them since. Its a trickier situ for you and as you say your ex could just say you no longer live there but unfortunately they have their ways of finding you again, tell us how you get on and what you decide to do.
  13. Salutory tail, (sorry couldn't resist) - don't blame yourself over Jake's condition, I have an OH with the condition and certainly wasen't caused by me, unfortunately unlike Jake he is able to visit the shops and buy things he shouldn't!!! Jake is a lucky chap to have such caring owners, sure he will improve soon. It is awful when pets get ill, we have just lost our dearly loved geriatric cat to an overactive thyroid and kidney failure.
  14. Oops, senior moment, here's that link:- http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter
  15. Hi Martyn, is this for a credit card and how long have you had the account? Time to hit AIC with a CCA request, link follows - don't sign, enclose £1. postal order and send by recorded delivery. They will no doubt write back saying that they have referred the matter to the original creditor. They have 12 + 2 days to comply with your request and if they fail to do so you can if you so wish stop paying them as the matter is in dispute. I realise that you may probably not wish them to have your new address but it may be fairer on your ex if you do although she need not worry about bailiffs turning up as this won't happen without any kind of court action. It is likely that if they have any info on telephone numbers they will start harassing as soon as your request goes in at which point you send them the harassment letter which comes from the same place as the template letter i.e. the library. If they do come back with an agreement remove identifying details first and post on here using a free photoimaging site such as photobucket for peeps to give their opinion.
  16. No wonder you and your son are annoyed. I don't really know the quick answer to this but I would have thought a formal complaint in writing to Natwest would be in order. Hopefully some more experienced caggers will be along soon to give their thoughts on this.
  17. As you probably don't know the name of the Judge, put District Judge in the address but address them as Dear Sir/Madam
  18. miss muppet

    ppi claims

    When you say you have written to them, have you sent a subject access request ? http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca
  19. Hi Jo, as you say the default is dated 2005 when did you make the last payment because if it was 2005 its not statute barred. Did you ever CCA Robbersway? Almost certainly they won't have an agreement - you probably know the drill already, £1. postal order, don't sign and send recorded delivery. Also did you get a written default notice from Robbersway, it should be in the original creditor's name. You could also SAR Kays £10 postal order and same as above.
  20. Hi TTD, You've probably found the link by now but if not here is a link which may help:- http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage
  21. It is worrying I agree, talking to my local TS recently and they had attended a case where there was no default notice, no assignment, no agreement and the defendant lost, as you said, down to the Judge Lottery but I would imagine that the Judge would set some sort of repayment system applicable to your ability to pay and wouldn't be payable up front. My feeling is you have come this far and might as well continue. Remember default notices are issued to protect the lenders and if they have failed to carry out this in the prescribed manner then a fair Judge with a good knowledge of the Consumer Credit Act may strike out their claim, make sure you know all the back up law on default notices although your head is probably spinning already and will keep all fingers and toes crossed for you.
  22. Following thread may be food for thought:- http://www.consumeractiongroup.co.uk/forum/showthread.php?270471-Me-vs-Restons(MBNA)-defence-the-claim-on-the-grounds-of-quot-Unlawful-Rescission-quot
  23. OK, standard Optima Legal scare tactics, in my case they sent a statement of costs which I got on the morning of my SJ hearing £1,500. Judge said he'd only got his at the same time, they lost and tried to get away without hearing costs because they wanted another go at me, Judge wasen't having any of it, they had to pay £200! Costs will be limited due to the ceiling of £5000 to be heard in small claims court. Did you ever get a termination letter? If so you could use the angle of unlawful recission/repudiation of contract. Are you sure that the agreement is watertight? Is there any PPI on the agreement?
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