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Everything posted by Scrappy01

  1. Hi, Yes I did. They sent me statements. None of the figures are the same. For instance they paid out of the current account 7232.70 in to the loan account and then paid in 8167.34 in to the current account under an Account Transfer. The loan account statement is marked as loan early closure with 8692.47 being paid in. Both statements say the accounts were closed on the 24th oct 2002 when all this moving around happened. Its all very confusing and nothing seems to add up correctly! I asked for an explaination but never got one so placed the account in dispute. They think its in dispute because of the charges but that isn't the case as far as I'm concerned.
  2. Hi, Yes PPI reclaimed and in the bank. Its all very confusing. HSBC placed this loan in to a current account I had when it defaulted. So now the account numbers don't match up. Metropolitan are chasing me for the current account which has a figure way more than any limit OD I ever had. They admit they moved the money over for accounting proceedures. But of course the docs for the loan have a different account number. I've brought all this to their attention but they choose to ignore it and me. Also the agreement mentions the word interest but only states APR. I didn't know where the APR/interest argument had gotten to.
  3. Its been a while since I've posted on this as Metropolitan weren't chasing me. I just got a letter from them today because of the charges failure. Can someone take a look over my agreement again? Is it enforcable? Is there anything new I could use? Thanks in advance.
  4. I called Virgin yesterday after posting and they said that its not anything such as late payments etc thats preventing me from getting their card. Apparently its because I already have a credit card with a balance but I only pay minimum payment. I only have a £500 limit and its not up to that but they say that with my salary they would expect me to clear it each month. I did point out I had a mortgage and other bills to pay so clearing up to £500 a month wasn't really possible. I thought that was a rubbish excuse to be fair. Surely they like people who only pay minimum payment. If I paid it of every month then they would never make a penny out of me. But then I suppose their card is 0% for 16 months so they wouldn't make anything anyway as I was going to balance transfer but hey ho. I will drag out my paper work for Vodafone and let you know what I did. I will say though that the default was incorrect. They defaulted me twice on 2 different months and they also had the dates incorrect by some months. They wouldn't admit any wrong doing on their part, but all of a sudden the record disappeard from my credit files!
  5. I have had bad credit, a number of defaults and a CCJ. Everything has now been removed except for 3 cards with some late payment information and arrangement on up to 2007, in late 2006 or 2007 these cards were all paid off. I have checked my file with Experian and they give me a credit score of 900 out of 1000 and they say that I am "very credit worthy and low risk" and that nothing is having a negative impact on my scrore. For some reason though I still cannot get credit. I applied for a Virgin credit card so I could get away from my high interest Capital One card. They refused me. I also applied for a job with the Co-Operative bank and they refused me the job (I believe on the grounds of my credit history). I'm going for another job tomorrow and might have to be Security Cleared so really panicing that this will fail too. Can anyone help me to figure out what's going on......?!?!?
  6. Hi Thailand This is what I keep doing, telling the DCA's its unenforcable. I actually missed one in my previous post, Wescot also tried to collect after Robinson Way. Totally forgot about them as I only had one letter from them!!! Just getting a little fed up with it all as you do! The signature thing was one of those forms that states "I'm happy to accept this in full and final settlement of my complaint" etc etc. When going through my the file I also found a letter this morning for them offering me another £900 odd back in interest, again asking for a signature. I guess if they try it on with court I aslo have the fact they offered this money back and admitted wrong doing etc on the charges and interest front and that it took them many many months beyond the CCA request to send the docs to me. I thought about complaining to TS, FOS and OFT. But on reading on here with the responses some have had it doesn't seem worth it. I suppose eventually they will run out of DCA's (I can only hope) to pass it to. Statute barring on these won't be until 2013, a very long time away!!! Any other experiances or advice greatfully recieved. Thanks Scrappy x
  7. I have an unenforcable agreement. The bank in question (IF) have admitted that it is unenforcable in a letter to me. They are saying that the fact that the agreement is unenforacble is not a valid dispute and will continue to persue me. This was their final response to me. The account has been with Blair Oliver and Scott and then Robinson Way and now iQor. The other thing is there is approx £1700 of charges and incorrectly added interest on this account. They admit this but I refused to sign the document they sent me to get the money back in to the account due to me thinking that they could then use my signature in ways they shouldn't (call me paranoid). I stated that they had acted improperly with the account after it was passed to a debt collector, and they shouldn't need my signature. The account has just been passed to iQor. I'm sending them the "I'm bemused" letter but seeing as IF have given their Final Response just before passing to iQor I can see this being a tough one to crack now. This has been on going since Nov 07, in dispute since Jan 08. I'd like any advice on how I can continue to battle this........ Also is an unenforcable agreement a clear dispute or not? Any links to other threads and or advice would be really great. Thanks Scrappy x
  8. Hi Magda Yes, they returned my postal order. I thought there was a new rule that said they had to deal with a CCA request even if they weren't a creditor, under the Consumer Protection from Unfair Regulations, brought in in May 2008. But I can't find a reference to it. Anyway I wrote back to them again yesterday. Stating the position again and that I will no longer converse with them as they are well aware of the position. This is the 5th letter to them! Thanks Scrappy
  9. BUMP. Can anyone assist me on this?
  10. If possible I need a little more advice.... or more a point in the direction of where I've seen it. OK I CCA'd Moorcroft seeing as NatWest haven't been able to produce an agreement that complies. I honestly thought that would be the end of it. Now Moorcroft have sent the postal order back and said they cannot supply it and to get it touch with NatWest. Moorcroft know I have done this already as I wrote to them and told them this and that it doesn't comply etc. Now I'm getting the old thretograms again. I'm sure I've read somewhere that they have to comply with a request regardless.........
  11. Hi Magda. Thanks for the advice. I haven't had dealings with Moorcroft until now. I wasn't sure if the letter was a threat or not. Anyway I just CCA'd Moorcroft as well as they won't listen that its unenforcable. The monkey I spoke to at Moorcroft told me that NatWest say that they have complied with my CCA and NatWest are unwilling to discuss the matter further. It just seems I'm going round in circles with Natwest. I want to complain to the various bodies (I'm not even sure who to complain to) about them passing debt thats disputed but unsure how to do it, can anyone help me with that?
  12. Another update and I need some help on this too....... I sent Wescot the bundle of documents sent to me by NatWest with a letter and they sent the account back to NatWest saying they weren't going to collect on it. I heard nothing from NatWest for months, then all of a sudden they passed the account to Moorcroft. I complained to NatWest about it and got another terse letter from Miss H. Bennett, essentially saying that as I didn't take up the FOS now my only choice is to take them to court. Moorcroft are becoming a pain, they sent me a Notice of Intended Litigation listing court costs, which I got today and they only give me until the 22nd to respond, a mear 3 days. A little unrealistic me thinks....... Anyway I called them just for a giggle and also just so as to say I had made an effort to respond before the 22nd. They say that NatWest are confident that what they have sent is the response required under the CCA and that they (NatWest) are unwilling to converse with me any longer (charming)! I'm thinking of sending a CCA to Moorcroft, but I get a feeling that they will just ignore me as NatWest are saying they have already sent it. What do you guys think I should do next?
  13. I haven't called the CRA's yet no. I may write to them but as I say unsure wether to add them in to the mix. I've read a lot on here about CRA's and how they tend to refer you back to the creditor and say that they can't amend etc but I've also read that the CRA's also have a responsibility to ensure the information that they hold is acurate and that they have to have the documents to prove that an agreement exists. Now I would have assumed that this would have to be the signed agreement, but Cabot are saying they have statements to prove that I had the money.
  14. Thanks mr.ton. Thing is I can't get approved for things. As you can see from my signature I have a few defaults mostly from 2005, nothing recent. I just can't see an end to this one. They will keep defaulting me every month and it will just go on and on and on and stay on my file. I've read a fair bit on here about people tackling the CRA's but unsure if I want to add anyone else to the mix! I did get Vodafone to remove a default by threatening to take them to court for incorrect information and also for all the additional money it cost me due to their reckless usage of default markers BUT I can't see that working in this case.
  15. Hi Everyone I need some opinions on my little (or large whichever way you look at it) Cabot problem. Cabot bought the CitiCards account that I had. I CCA'd Cabot back in Nov 07 and I'm still waiting for CCA docs. The only thing they have managed to send me is a faxed T&C's which has tipex on one of the reference numbers, clearly hiding something there?!?!?!? Also the T&C's it states that it is a Consumer Credit Act. I know its not, it has no signatures, names and addresses etc. I also SAR'd CitiCards back end of 06 and no agreement there either. The account is in dispute for non-compliance of the CCA but yet they mark a default every month on all of my files and they won't remove it. Surely this is not right. I never signed anything with them to say they were ok to process my data and I never had a default notice from them. Are they allowed to do this? I'm not really sure on where to turn next. Its getting so I'm being dragged in to a stupid argument with them where they think they are right and I think I'm right and things are going round in circles. Where do I stand on the continuing monthly default markers? Thanks, any advice is appreicated.
  16. I wonder if anyone can offer me a little advice. I'm currently in the middle of a court claim for PPI against Halifax. I requested Small Claims Mediation. The Judge sent both parties a General Form of Judgement or Order stating that we had to contact the Small Claims Mediator within 7 days. I called within the 7 days. 3 weeks later Halifax still haven't contacted them and the Mediator has said she can't seem to contact them. How binding is the Order? Surely if a Judge says you must do something then its not going to help the case if you don't do it, even if they'd just said they didn't want to take up Mediation. Also as part of their defence they stated they were going to send me a cheque for an amount. It wasn't the total claim amount so I carried on with my claim. I still haven't received the cheque almost 2 months later. Can I write to Halifax's solicitors and ask what happended to the payment or should I just leave it to the court?
  17. Thanks Steven. I'm probably trying to over complicate it!! I saw some draft directions earlier, for charges, and they had a lot more on but much of it not relevent to my case. I had a moment of panic. I've been offered Small Claims Mediation as an option. I hope to try that first if Halifax accept.
  18. I need a little bit of help with an Allocation Questionaire. I need some draft directions for PPI if anyone has any. My case is that I tackled Halifax for the PPI on my credit card. They paid it back because they couldn't locate the "application form". I asked for the interest I'd paid on the money taken and also 8%. They mis-calculated the 8% and hadn't returned the interest. So after a few letters etc I lodged a court claim for the remaining 8% and the interest I'd paid on the sums taken. They have now said they are willing to pay the remaining 8% and the court costs but deny I'm entitled to the interest I paid on the PPI sums back. The only thing I can think that I want them to send to the court is a copy of the statements showing interest I paid. The application form can't be found so its pointless asking for that. Can anyone help me, or point me to some sample directions. Thanks in advance.
  19. Just a quick update..... After disputing this and stopping paying OSCC it seems that it has now been passed to Westcot. Natwest didn't send Wescot my new address so the letters went to my old address and they called my parents house and asked for me to call them. Gave them a call with the low down on the position and had a go at them for calling my parents etc. Going to write to them also.
  20. Am I crazy to use the missing interest rate for dispute only? As the loan was moved to to a current account HSBC have managed to get out of their obligations under the CCA. When I queried current account default they sent back loan docs. I raised this but have heard nothing. I have about £130 of charges on the current account to claim back but as the account is not terminated I have no notices so this wouldn't make anything incorrect as such. Not sure what else to do. I really really need help on this one!!!
  21. Its my only thing to dispute on this. Other than them moving the debit balance on the loan to a current account (still unsure where to go with this)!
  22. Previously discussed on one of the other threads with car2403 on here http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-572.html Post 11435 and on for a few posts. APR is a calculation and includes other factors such as fees etc. There are quite a few different definitions. I'm open to discussion on this because I want to query this with HSBC and have just queried it with IF.
  23. Looking at this again, it seems the agreement is missing a perscribed term. The interest rate is missing.
  24. OK thanks, that clears that up
  25. Can someone help me with Signature boxes on agreements. I have 2 agreements both with the This is a credit agreement blurb in the signature box. I read somewhere on here that there shouldn't be any text in the signature box but it didn't have any reference to regulation to back the comment up. Can anyone offer me advice?
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