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  1. Hi seriously fed up Yeah the same thing has happened to us with an old Abbey (MBNA) credit card - we got the same letter as you. Certainly sounds like financial machinations, as you say - and a bit of the old 'tax efficiency'..! Arrow tried it on with this one three years ago though and are now seriously in the poo. MBNA had (rather stupidly) included an internal memo saying 'the original credit agreement has been destroyed' with our SAR - when the debt was assigned to Arrow we told them to clear off because there was no way they were ever going to be able to produce an agreement. Of course they did try to reconstruct an agreement, but this related to the current MBNA terms and conditions (with the £12 penalty charges), not the 2004 t & cs we had - blatant attempt to mislead. Now they are back and I am very much looking forward to the battle! Good luck with your fights chaps! MC
  2. It is very good to see that those poor bankers at RBS are getting bonuses totalling £950m despite making a loss of £1.13bn - we really aren't 'all in this together' are we, Mr Cameron?! Here is an illustration of bank charges being levied at a ridiculous level. I am lucky not to be in financial hardship, but it is pretty easy to see that for someone where money is really tight this sort of shennanigans could totally destroy their finances (as Woolwich did to me six years ago). In October 2009 I stupidly agreed to sign up for a Natwest Advantage account - you pay a flat charge of £12.95 a month for this account which comes with some benefits like insurance, etc. I didn't use the account for a while, as I stuck with our joint account, but paid the monthly fee on time just to maintain the benefits. In January 2010 I miscalculated the monthly fee due and underpaid it by £2.50 - i.e. I was overdrawn for the grand total of £2.50 for a few hours until I realised my mistake and paid in money to correct it. I rang Natwest and was assured there wouldn't be any charges. The next month Natwest applied a £35 charge - this meant that there weren't enough funds in the account for a cheque for £20 to clear, so further charges applied. I paid in enough money to cover the £35 charge and ensured there was enough of a balance for the cheque to clear. I rang Natwest and once again they said no further charges would apply. You can guess the rest - Natwest have continued to pile on charges, despite telling me they weren't going to. I have paid the monthly account charge without fail, but due to the penalty charges the account is now £389.00 in arrears. Natwest have told me they are now applying a £6.00 charge per day. All this for a £2.50 unauthorised overdraft for 3 hours!!! We have paid billions of pounds in taxpayer support to bail out these immoral scumbags, yet they still fleece the British people at every opportunity and are as smug as they ever were, despite creating an economic crash which has left the country ruined and many people in financial hardship from which they might never recover. I deal with bankers in the City on occasion and there is little doubt that many take pleasure from the situation - they feel they have got away with it and the 'little people' will always pay for their stupidity and greed. Due to the actions of Natwest I have moved my joint account, car insurance, and business accounts from them - this has cost them far more than the £389 they are trying to fleece me for. I am also pursuing a mis-selling complaint against them for misadvising me about the benefits of the account, which is also likely to cost them. I wish the best to all who continue to struggle in this economic climate and let's keep fighting the banks to ensure that this type of legalised robbery cannot continue. It's all down to the Govan Law Centre and their brave stand now!!! MC
  3. Just wondering whether anyone has had any luck complaining about LCS Solicitors, which are the 'legal division' of 1st Credit? LCS are not registered with the Law Society and I cannot find any information about their principal, R D Marr. I know they are simply a division of 1st Crud and all their letters and phone calls are made by 1st Crud collection monkeys, but surely they are guilty of misrepresentation - both breaching the OFT debt collection guidelines and the Solicitors Regulation Authority Solicitors' Code of Conduct (not that they appear to be registered solicitors, of course!). Any thoughts would be very welcome. Thanks MC
  4. ROFL Bazooka Boo Oh that is brilliant - made my day! Thanks for all your advice guys - very helpful. You can sure see how cases like Beryl Brazier's happen. My poor mum-in-law is getting extremely depressed about this - she has got her family around her for support but when you are ill and elderly this sort of bullying is bound to impact on you. And DCAs know this - they are nothing better than gutter-****. MC
  5. It might be worth threatening MoreThan by claiming they've breached the Treating Customers Fairly (TCF) proviso of the FSA guidelines for general insurance. This would be in relation to them offering a much higher premium to your mother-in-law for renewal of the same risk than they have offered for new business. This is unjustified - the vast majority of the administrative costs of an insurance policy for an insurer are incurred during new business stage - renewals are where you make your money, hence why underwriters fight to retain profitable business. The beauty of TCF is that the FSA has never really defined it - which is why most insurers are extremely scared of customers threatening to complain under it. The insurance industry is pretty well regulated and takes it all very seriously - unlike the banks, etc! It might not work but if your mother-in-law is going to complain to MoreThan anyway I'd be tempted to include TCF in the complaint. Do let us know how you get on. Best wishes, MC
  6. It never rains but it pours.... My poor mum-in-law is now getting several calls a day from another DCA - these are automated messages asking if she is Mrs So-and-So - if she is could she press 1, if not could she press 2... She actually isn't this person so we can only assume they've got their details wrong (what a surprise ). She has got herself in a right state - understandably, as this is nothing more than harassment. I've had some cr*p from DCAs in my time but this one takes the biscuit. What part of the OFT guidance concerning DCAs not chasing people when they are not sure they are the debtor does this DCA decide they are exempt from...? Anyway I hope this DCA is wearing brown trousers when I get hold of them.....
  7. oh now we've received a threat of court action from 1st Credit and are getting the usual threatening phone calls and voicetext messages left on the answerphone. I am tempted to let them take me to court and then absolutely screw them for costs, but at what point do I notify them of the unlawful recission?
  8. Thanks very much for your advice, Miss Muppet. Luckily we didn't pay anything to 1st Credit - largely because they started being all 1st Creditish and therefore we decided they weren't getting a bean! Funny to reflect that if they'd been reasonable and polite we'd have paid instalments and therefore this account wouldn't be dead as a dodo. Hoist by their own petard, methinks!!! MC
  9. Thanks for the replies everyone. Don't worry, as they won't get away with this - the whole family is furious about their actions, so have a cunning plan!!! We've contacted the police and are also taking legal advice (thanks for the suggestion about exploring whether this might be a case of criminal extortion, Jimbo). I remember the tragic case of poor Mrs Brazier - an example of how these **** can push people into absolute desperation. Those of us lucky enough to have support from CAG may have lost our fear of DCAs and can see them for what they are, but sadly there are still plenty of people who are easily bullied and intimidated.
  10. Damn! I've done some digging through our files and it looks like we got into some correspondence with 1st Credit the first time they dealt with the account (post DN and termination) which included an offer of monthly payments... Does this mean that we've effectively accepted continuance of the agreement, despite the unlawful recission? Luckily the agreement is still unenforceable!!
  11. Another horror story caused by a DCA bully-boy (cannot idenitfy at this stage as we have got our MP involved and are looking at legal action and media exposure). The DCA which owns the debt has a track record of pursuing people who are the wrong debtor. My mother-in-law is 79, disabled, in very poor health and vulnerable. Back in 2007 she had a heart bypass operation and whilst we were staying with her whilst she was recuperating at home we noticed she was getting phone calls that were distressing her. Eventually she told us she had been paying £5.00 a month to a DCA since 2002, wasn't sure what the debt was for (she has no other debt) but now the DCA was demanding higher payments and wouldn't accept her plea that she was not in any physical or mental state to sort this out. I ended up speaking to the DCA with her permission and they were unbelievable (usual bully boy moron on the other end of the phone) - they only agreed to stop calling when I threatened to call the police. The DCA told me the debt was for a electronics store card and for £2,500, which they were collecting for another DCA who owned the debt (having been assigned to them by the OC). I was pretty sure this was not her debt so we CCA'd the DCA and did not receive anything back. The DCA eventually responded to an e-mail and confirmed they couldn't supply any paperwork - no agreement, no statements and no NOA. 3 years later another DCA has contacted my mother-in-law. They have stated they are collecting for the DCA who owns the debt and threatened court action and sent a series of extremely threatening letters - and started the phone calls. I sent them a reminder that the owning DCA had failed to provide a copy of the agreement in 2007 and also sent authorisation under the DPA from my mother-in-law that they only deal with me, as the whole issue is distressing her. We have now received a letter from the owning DCA - they have sent this to my mother-in-law, despite her request they deal only with me. They have admitted they cannot provide any paperwork relating to the debt, but as payments were made this debt had been acknowledged and therefore, although they weren't going to take legal action at the moment, the debt still needs to be paid. It is pretty clear that the owning DCA are well aware, and have been since the origjnal CCA request in 2007, that they cannot supply the agreement. However they have appointed another DCA to threaten legal action, and are still implying that they can take legal action themselves - all the time without an agreement. They have also provided data to two third parties without express permission from my mother-in-law (i.e. in the absence of an agreement) so have breached the DPA. At the moment the phone calls continue and the owning DCA refuses to deal with me - clearly they think they are going to get more money by harassing a sick and vulnerable OAP.
  12. Just wondered whether anyone had a bit of advice/useful comments to make about this one, please?! We've just been contacted by our old mates 1st Credit for a debt that goes back some years. We defaulted back in 2007 and the OC sent a default notice which gave 14 days to remedy, but no allowance for postage, and then we received a demand from a debt collector dated the last day of the 14 days demanding the full amount outstanding under the account. The OC then sent us a letter saying they wouldn't default us if we paid the arrears, but I'd already sent a letter accepting the unlawful recission of contract (honest guv ) We haven't heard a dicky bird from anyone until now, but did do a CCA request back in 2007 and apart from the unlawful recission issue most of the amount outstanding is charges and the agreement is unforceable as it is a multiple agreement and fails on most counts! 1st Credit say the account has been novated to them and therefore they are now the creditors. However presumably once recission has occurred there is no way of resurrecting the agreement for another party? I could use the charges and CCA unforceability as an argument but thought the unlawful recission would kill this stone dead the fastest (not that 1st Credit will probably take any notice of it - that'll be another nail in their coffin when I dob them in yet again :)) Many thanks MC
  13. I agree with vusys1 - make a complaint to your insurer and ask them to sort out Enterprise. I've had a couple of appalling experiences with Enterprise myself - to me their staff appear poorly trained and often lack any sense of customer service. However when I complained direct to the managing director (having had no luck with anyone else) they dealt very efficiently with my complaint. I wouldn't ever use them again, even if specified by my insurer, but it might be worth you making a formal complaint to their head office as well as trying to get your insurer to sort it out. Best of luck
  14. Thanks for the advice The DCA in question is our old friends Aktiv Krapital
  15. Sorry to bump but please could someone advise on this one? Thanks!
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