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About sigsoldboy

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  1. Very disappointing. It seems more and more power to the Banks. Banks won the unfair charging case, now banks can change terms and conditions "for any valid reason" with only 30 days notice. OFT should change its name to the Office for the Protection of the Banking Industry. The greatest [problem] ever, make sure people can not survive without your service, make sure your service costs you zero (print money for free), make sure your can charge what you want and that any group set up to regulate you have absolutely no power over you. Something something DARK SIDE !!
  2. p.s. for a garnishee order, as I understand it, you need to have a court judgment against you in the first place. (will bow to better knowledge here however)
  3. That letter is perfect I would send that immediately. My experience is that they will not relent however and will just ignore it. Call Trading Standards on them, clearly a breach of the OFT guidelines 2.4 (f), 2.6 (g). Tell bcw about those breaches. Also they cant arrest anything....clearly the muppet that wrote the letter has no understanding of law they need to apply to court for this. Have you requested a copy of your contract ?
  4. I have note heard a pip from Trading standards since reporting CSL but they have at last stopped sending me stupid letters every day. CSL that is. I know how the industry works, the people on the phone at first line are as good as 'brainwashed'. They are taught in training that the people they are sending letters to are thieves, con artists, bad people that should pay debts. They are also only taught 'deflection' techniques that is aimed at one thing only, getting you to pay money regardless of any legal stand point. They are not taught to interpret law or understand law or engage with you as a person with legal rights and they certainly do not treat you as a customer. Example 1: In traning the agents ask's 'many people are calling and claiming that thier Student Loan is statute barred' traineer resposne 'its government money so it cant be statue barred'.....and away they go. Example 2: With another DCA I called them and requested a statement, the agent said they did not have to, I said under reg x,y & z you do. Agent tried to deflect my call saying you should pay the money in total then you will not need a statement. After tooing and frooing I said fine we are getting nowhere, please provide me your details so I can contact Trading Standards. At which point Manger x comes on the phone, yes we will send you what you need. Call CSL as many times as possible and discuss legal terminology with them and you will always get the same response....its government money so its outside the legal frame works. We all know that is wrong. So until they send me (as legaly obligied to do so) copies of all communication between myself and the SLC in regards to the supposed debt, as well as proof of a contract which substanitates thier claim the Student Loans are 'not agreed under the CCA1974' and the '1980 limitation act' and hence prove I owe a debt I will do nothing and every time they send me a letter or talk twaddle on the phone I will continue to record every breach of regulations and continue to fight them.
  5. do you have a debit card? They can take payment from there for free. Cheque book or even a postal cheque would be cheaper, there about .50p. Again in the OFT guidelines this is an example of unfair practice, sounding like a broken record here, section 2.10. a, claiming costs from a debtor in the abesence of express contractual or other legal provision, b, misledaing debtors into believing they are legally liable to pay collection charges when this is not the case. d, could also be loosely interpreted. Basically there is no reason that you should be paying charges to pay off a debt. Call Trading Standards and complain.
  6. Please read the following document http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf This gives you a starting point to understand your rights when dealing with a DCA. Remember these guys are bullies and the only way to play the game is to understand you rights and be confident in dealing with them. Dont get angry, get even, it can be scary but ensure your learn your rights and defend them. False representation of authority and/or legal position - Section 2.4 B) falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted E) falsely implying or stating that failure to pay a debt is a criminal offence or that criminal proceedings will be brought Physical/psychological harassment 2.5 Putting pressure on debtors or third parties is considered to be oppressive 2.6 Examples of unfair practices are as follows:b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing Print of the following letter 2 or 3 times, stick one on your door and read it to any visitor for a DCA, then hand them a copy through the letter box. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit- You are under no obligation whatsoever to talk to them at the door. Tell them that if they continue you will report them to the Office for Fair Trading as they are in breach of OFT guidlines. Call Halifax and inform them that you are doing this "If consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question." This should buy you the breathing space you need to get a repayment process in place. 2nd, by defending your self you will get more respect from the DCA and they will start to treat you like a human being, if only just. One last piece of advice, always record your conversations, tell them you are recording the conversion. I do this on every call and have never been stopped by a DCA from doing so.
  7. Its just wrong, very wrong that people are now only in positions to repay the interest on the debt and not make any headway into repaying the principle, this is exactly what the bank want, they don't make any money on the principle just the interest as money only exists as debt. Please let us know what happens we must continue to flag, protest and do all we can to stop Halifax milking thier more unfortunate customers.
  8. yup will email as well. Already spoke to Trading standards, but again these guys told me the Student Loans were not covered by the 1974 CCA due to section 16, which I have checked and not at all sure he is right. I told him if that if that was the case fine, but they still need to send me a legit copy of my contract to clarify a) ownership of the debt b) my rights c) confirm the debt with a full break down of all costs and all charges. I stressed to the guy that my compliant is purely about 'harassment' and that I have no legal complaint other then they are not biding by OFT regulations and ignoring my legal rights as outlined in section 5 and that the burden of proof is on the creditor to prove that the debt isn't statue barred. On those we did at least agree. They have also whopped an extra £1000 odd pounds onto the debt now with Overdue and Arrears being different. So CCA request and a SAR request. Almost at the truth and glad I took a stand, the DCA are just a bunch of bullys that lie, cheat and misrepresent the law.
  9. Will be contacting Trading Standards today. Yesterday I was informed that the student loan was a government debt and therefore exempt from the provisions of the 1980 CCA. I asked the gentleman if he had a copy of my contract, which he did not. I asked him how he was therefore able to make such as a statement and was he aware he was engaging in 'Unfair business practice'. Also proceeded to discuss Section 2.14 of the OFT guidelines, which he dismissed as rubbish and that I can talk all the Legal jargon I want but it did not detract from the fact that I owed the money, had to pay and that he could not understand why I was trying to worm my way out of paying. Today they stepped up a notch and sent the 72hrs or we advise our customer to take legal action.
  10. using the templates from CAG is a great start. Speak to the National Debt line, see if you can get this account closed and get the debt on a repayment scheme with no interest. CAB can help with putting together an offer for the Bank. Once in offer they should cease to put interest on the debt. At the moment they are just milking you, if you are genuinely in financial hardship you can agree to a repayment scheme that is fair. They backed of because they know in court you will win. Usually if you have a good income and expenses break down, which you can prove, Judges will ensure you pay priory debts first, followed by non priority. Overdrafts are non priority. I have the same discussion every month, can you increase your payments, no, ok thanks. Need somebody with a good legal knowledge of the CCA for Overdrafts but if they terminate the agreement then I suspect they terminate the right to collect interest hence forth (Please do not expect that to be true I'm guessing). If you genuinely want to pay this debt back and have just been servicing the debt tell Halifax that you which to agree to a repayment schedule for the Overdraft and that under your circumstances all interest payments from this point onward must be also terminated. Good luck... lets know how you get on so we can continue to offer advise to others.
  11. Also interestingly using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties !! Power to contact and CSL ! Kurvface will like that clause. Thanks cerberusalert great link. Also do you know, do I have to contact the SLC or by informing CSL of the situation are they now obliged to respond on their clients behalf ? I have only sent the Statue Barred to CSL not the SLC.
  12. I understand completely, I will honour what I need to legally and running does not help it makes it worse. Its cases like yours that make me so angry with the banks as they do not help you but lets help you if we can and most importantly help yourself. The first thing I would do is write down an accurate time line of your problems. I am confused as the default came in November, but the charges did not happen until December? I am reading the thread as this, I send apologies if this is not the case I am trying to help, hence asking for the info. You have an overdraft which went over the limit and you were not able to bring it back within your agreed facility. The bank requested you return to your limit and as you have not been able to accommodate the bank has therefore terminated your overdraft facility and passed the account to the debt recovery team. This is standard practise as I understand it. In response you have offered a payment which will bring the account back within the arrangement by November 2010. As you overdraft is £5000 and you can only offer £50 a month repayment it would be clear that you are not able to support such a facility, it would be against best practice for the bank to continue to offer you this facility based on your financial situation. As you are not able to even pay the fees back I can only conclude that you are not able to use the OD on a regular basis anyway or you are not paying it back but living inside it each month. You are living on borrowed money and paying for it each month, this is not economical viable for you. Unfortunately its not viable for the bank as you have defaulted, up to then they had no issue despite your financial situation but once you start missing the payments the gloves are off. If what I say above is anything like your circumstances then I urge you to put together a time line of your problems with the bank. Put together all the letters you have sent and received and get along to the CAB and call the National Debt Line. The banks may have screwed up with the default notices but you have to face the bigger picture that £5K is a lot of money and you are looking at 10years of repaying a debt, so regardless of whether the facility continues of not you need to get rid of it in the best possible way for you. The reason I say this is that I pay no interest on my debt. I pay £40 per month and because it has been going on for 2 years they were prepared to knock a £1000 off so I paid in one chunk. No interest and a £1000 discount.........that is the route to go but you need the proper advice and you need to present your case to the bank. One last piece of advice, the Bank know that if your situation is difficult no judge in the land will rule a higher fee and you should push for no interest to be charged. Do the right thing otherwise they may default on you and this will go on your credit file. It shows up on mine as big 8 and my credit score is -250 from where is should be as a result. let me know your thoughts ?
  13. I'm being harassed by CSL and Power to Contact. I have sent the statue barred letter and told them as the agent of SLC they need to pass those details on. CSL told me yesterday on a phone call that the SLC had not got back to them on the Stature Barred situation so they will keep pursuing the debt. I told them yesterday that I have made my position very clear, until I receive an official legal response to the 'statue barred' situation I do not need to contact them or engage in any phone calls and that it is illegal to turn up at my house and as such I will phone the police. Chap agreed, said that If I was unhappy I can contact trading standards. I am trying to following the legal route but they just do not seem to want to play. I think its very simple. Company x creates a credit agreement under the 1980 act, customer x signs the agreement. Company x fails to pursue the debt and after 7years period they pass the debt to company A. Company A pursues customer x for the debt. Customer x informs Company A that under the credit consumer act 1980 he believes the debt is non-enforceable. Company A ignores the law and continues to pursue the debt. Does anybody have any understanding of when legally they have to acknowledge statue barred ? I understood it to be 14 days ? Its been about a month for me ?
  14. Hi can I ask you the background to this please so I can offer some advice ?Exactly how did you defaulted on an overdraft? From what I am reading here you went over your Overdraft limit and took no action to bring it back under the agreed limit. Not judging you just trying to understand exactly what happened. It is a very large overdraft and £50pcm is very small. You are looking at 10years to pay this debt off and that does not include any charges. The reason I am asking is that there are approaches you can take here but it really depends on your personal situation and how you got into this situation. I have first hand experience of this so can run you through some pit falls and options but the decisions you make right now will affect how this turns out. My credit rating has been destroyed by a similar problem and I am having to work very hard to repair it, I hope to advise you so you don't make the same mistakes I did. Finally, last comment I would make for the Bigger picture do pursue the FSA, FOS etc but please do not rely on them for help right now, you will be on your own here but CAG will help.
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