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About pinnate

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  1. I've traded on Ebay since 2006 but have recently fallen victim to a buyer's fraud which Ebay refuses to do anything about because they receive their fee. Bthe buyer pays for item but puts freeze on Paypal transaction and refuses to return item. Ebay won't do anything because the payment is recorded as being made and they also take their fee. Paypal won't do anything because the transaction concerns an Ebay item and they refer you back to them. In summary, I loose the item, the initial postage and my Ebay fee. The 'buyer' gets it free. I've spent literally hour
  2. For two and a half years I have been harassed by Activ Kapital for a CC debt I know nothing about. They have failed to provide a CCA, did send an application form after a year, state they have no obligation to provide a CCA or any financial statement. They don't acknowledge that the application form is not a CCA. I have now written a complaint to the OFT. I understand the OFT issued a warning to them in December about trying to claim money in this manner. I hope they will now have their licence revoked.
  3. Hi. Yes I should have mentioned a bit more. The first (and best) was Connaught Collections (for a Barclaycard debt of around £6K). All this year they've been offering low percentages to settle. I was lucky that by the time I had funds they actually sent me a letter offering a 10% deal. I do wonder if they are in financial trouble themselves given the number of unsolicited offers. If anyone out there is dealing with them I'd try and get 10% even though they said it was a July only offer. I think they are desperate. The other one was more complex and an HSBC bank overdraft. I had got a yea
  4. Thanks. I'll try the CCA route but CapQuest have just taken over from Sainsbury's whose card it is so in this case I'm not sure I can challenge their right to collect. I even had a letter from Sainsbury's saying that they were transferring it to them. It's come jsut as I was offering all my DCA's a settlement but two of them (CapQuest & Cabot) refuse to negotiate anything. I've been round this route for years with other DCAs but I'd now just really like to get things off my back.
  5. Sorry this isn't so much a reply as a question. I've managed to settle 2 credit cards (10-25%) but the other one wants proof that I settled at these low percentages and has asked for my correspondance. I'm reluctant to share anything with anyone (data protection - over the last three years I've had two DCAs trying to collect on cards I didn't have, and am plagued by phone calls from debt management companies). However, I'm wondering if I should share the info in the hope of getting this settled quickly. Overall, I'd endorse the replies here. I've spent a miserable four years being hounded
  6. Over the past few years I've had several credit card debts taken over by a different DCA all of whom have just arbitrarily increased the amount I supposedly owe. I understand from this site that they pay minimal amounts for the debt. So surely this massive increase in the debt is illegal? I've now paid off all but two of my cards (with a much reduced percentage of the debt owed) and just as I was hoping to pay off the final one, the card (Sainsbury's) has just been taken over by CapQuest who've loaded more interest on to it and refuse to accept my re-payment offers let alone my settleme
  7. Hi I've been approached by AK for a Barlcays Visa I don't have. After a CCA request they sent me (over a year later) a copy of a form from 1981, requesting a card. Nothing else. Now they say that the CCA doesn't apply to pre 1984 agreements. So I'm also interested in this answer. I assumed I could just shrug them off.
  8. Hi, I'm in a similar position: after several years of unemployment I've inherited a small amount. I'm intending to write to the DCAs myself since I don't have enough to pay a settlement agency. I have heard from others on this forum that DCAs will have bought my debts for peanuts, so I'm intending to go in with an offer to all four of my DCAs of 30%. However, I wonder if anyone has had their offer of lump sum payment for settlement of the debt turned down because it wasn't enough? I don't want to be in the position of giving this money out but still having to pay small sums each mon
  9. I have a previous thread "HSBC Court proceedings - what sum," which has followed my problem with DG Solictitors (ie. HSBC) who have issued a CCJ against me for an overdraft and unathorised overdraft, totalling about £6,000. I'm now starting a new one because the issue now revolves around whether they should have sent me a default notice. I sent them a letter saying that: "I aver, however, that this is a regulated agreement and as such falls under the remit of the CCA 1974. In particular, I refer to Coutts v Sebastyen and the summing up by the Judge in relation to effect on overdra
  10. Okay, thanks Hungrybear, you're really helping me to keep going on this. I'm looking through these forums for a template to say to DG that the o/d falls falls under the CCA and that they should have sent me a DN... does this sound right? Or should I send an SAR .. but I assume they'll just send me the same response.
  11. Hi again, I'm not sure why 2c) of the CAR's POC means that they should have sent me a DN - HSBC (DG's client) did send me a letter ( ie Feb09) but about 8 months after I went into freefall on an unathorised o/d at which point they did freeze the charges. I sent them a cheque for two months running with a token payment. They returned them and in May 09 DG contacted me with the usual DCA threats. From May onwards I sent them a token payment. DG admit they didn't send me a DN but where is the legislation that says a bank account should have one??? Many thanks Hungrybear - you'r
  12. Hi again, Sorry, I've missed the point that this is a CCA regulated agreement - and therefore they need a default notice - can you tell me where the evidence is that a bank account is CCA regulated? Thanks aslo re the scan, I'll take it down and repost.
  13. HI, I received the following stroppy answer to my CPR. Given the court judgement yesterday as well, I'm not sure I have any options. Does anyone know?? I really can't dispute the core overdraft - they've sent me copies of my bank statements back to 2001. My only points are: 1) No default notice 2) I have been paying £1.00 since May when HSBC frozze the account. It seems pretty clear to me that they want this CCJ so they can move on to the next step of a charge against my property so please if anyone can help me, please do. I have very little time - 4th December but actually I'm
  14. Many thanks. Got the CPR letter off yesterday. Another thought - has anyone complained to the OFT about these bulk court claims? It seems to me that regardless of the rights and wrongs of an individual case these solicitors who work for the creditor are sending out court papers and unless I submit a defence to take it to court, they themselves will issue the CCJ on me. It will never have been through a court/independent arbitor. Aren't the solicitors taking on the role of the court and is that permissible? Is it worth my complaining to the OFT? Anything to make their lives more miserab
  15. Many thanks, I'll send them a CPR. I do have a property as they'll know from my mortgage payments, so maybe a charge on the house is what they want. They've already accepted my £1.00 a month and I can't see what they'll get out of a CCJ. Is there a possibility of a defence which says that I've been repaying the overdraft each month and since DC have accepted this, there is no requirement for a CCJ? In other words, I guess what I'm asking is if there is a legal defence which consists of saying they are being unreasonable.
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