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Shellyo1o

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Everything posted by Shellyo1o

  1. Thanks Pink, I haven't heard from them for a while, I think I'll put it off till after Christmas now, I'm pretty sure they won't go away, but I really can't cope with them right now. Good luck with your's, and thanks again for the info.
  2. Thanks Andy - The dca bought the debt, so I'll send them the S.A.R.
  3. Thanks Phunkey, This is the letter I sent I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxx. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now also formally requesting that all further correspondence be made in writing only. I demand that all phone calls from your company stop immediately. I am now familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts. If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading. You will be deemed to have been served notice of my request and I will deem it served by 11th August 2006, I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence. I copied the letter from somewhere on here, and I though the statements were covered in the 'Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.' So - should I send an SAR also????
  4. Hi, Can someone answer me a quick question please. When you send a CCA to a creditor do they HAVE to send you a full statement of the account from day 1 of the account, or from when they bought the debt? Or can they just say 'you owe x amount'?
  5. Urggg I hate the tax credit people, they have messed me up more times than I can count in the last 2 years. Michfergie - if you get a copy of your husbands P60 for tax year 2000/01 it will have his earnings for the year on. This should be proof of his earnings for that year and you can foward a copy to the tax credit office. I hope you get yours sorted, mine is just starting to get messy AGAIN!
  6. I've now got a letter from Hamptons saying if I don't pay the £947 in full the amount will rise to £1208 with court costs etc. Does anyone know anything about the statement request within the CCA? Should it be a full statement of all activity on the account?
  7. Just bumping this up to see if anyone can let me know if they should have sent a full statement. Thanks.
  8. OKay Joncris - thanks for the advice. Does seem a bit daft the insurance company paying the bank then asking me to pay them - they have a win win situation - they get premiums AND they claim back what they payout, can't see why the bank just didn't add it on to my debt and save on the premiums. I'm a bit dubious about contacting the bank, they may go back on our agreement and hit me for the 22k loss, instead of 11k as agreed.
  9. Thanks for the reply Joncris. The bank agreed that I was only liable for half the debt, there is a note on the banks records about it, as when I rang to query soemthing last year the girl on the phone knew all about it, and also said she could send a letter to me saying as much if I needed it. And yes, the bankrupcy petition did scare the hell out of me!! Any idea on what I should do going forward with this? Can they claim this from me if I havn't signed an agreement?
  10. Thanks. I bought a house with a partner, we split, house got repossesed. The mortgage co. could not find me ex, so they came to me for the £22,000 shortfall. As I was a single parent at the time they were not too hard on me, they agreed to me only be liable for half the debt and I agreed to pay £15 per month. This has been going on for about 6 years now. Last year I got a letter from Curtis soliciters claiming I owe them £5000+ for a mortgage indemnity. Apparantly the mortage company took out a MIG and when the house was repossesed they got £5000 from it, now the insurers want me to pay them the £5000. I wrote to them last year and asked for some sort of agreement signed by me as I knew nothing about it, they replied that it wasn't that sort of agreement! I filled in a budget planner for them, but my husband refuses to have anything to do with this debt as it was before I met him (I don't blame him either), so I just put my salary down and offered a token payment of £5 per month, which they refused, asking for £300 per month instead. After a lot of tooing and froing they sent me what looked like a petetion for bankrupcy. I went to my local CAB and they advised me to let them make me bankrupt, as I have no property or asesst, and it would also clear my mortgage and credit card debt. So I did nothing. That was last October. After hearing nothing for nearly a year they have written to me again saying my £5 offer is not acceptable and they need more information about my financial situation. If anyone can give me any advice on this I would be very grateful. Thanks
  11. Can anyone help me with to do next? Should they have sent me a statement of the credit card account? Thanks
  12. I had the same thing happen to me - about 12 years ago though. But I think it was the driver who took my bag off the stop before I got off. I did manage to claim back a few hundred pounds - no where near what the contents of my bag was worth, and it did take a couple of months to sort out. As far as I remember I didn't have insurance, I definatley didn't report it to the police and the driver was not very helpful, just left me in the bus station with no money,(as it was in my bag) at 2am in the morning. I just asked for a claim form from them.
  13. Hi Which forum would be the best place to post a problem with a Mortgage Indemnity Claim from a soliciter on a repossion? Thanks
  14. No, there was no statement. To be honest I know I owe something, and I'm quite prepared to pay, but I'm pretty sure it's no where near what they are asking. Should I write to them again and ask for a statement? Or does part 1 of my CCA letter cover that?
  15. Thanks for the reply Nailpost. The agreement is a copy of one I signed, but I was wondering what a 'deed of assignment' looked like. The one they have sent me is some thing they have just typed up on a pc and back-dated. My main concern is the amount they are trying to collect, should they have sent me some sort of statement, or do I have to take it as true if they say I owe £947? Thanks
  16. Hi agian. I recieved a letter from Lowells today - with a copy of the original agreement with Barclays, but what does the deed of assigment look like? They have sent a letter, on Lowells headed paper, saying that it is a notice of assigment. Is this correct?
  17. Thanks bpakoue, Seems you are in the same position as me, nad yes, please, send me a copy of the letter, I'm sure it'll better than anythingcan knock together. I'll send a letter to Hamptons on Monday. I thought there was a 40 day limit from the first request I sent? Does that mean that after the 40 days I can just ignore everything from them? Or should I contact them and tell them they can't enforce the debt? Thanks again.
  18. Hi I've been using this forum for a few weeks to help me with a problem, now I need more help so I've registered K, here goes: I got a letter from Lowells last year sometime claiming they had bought a barclaycard debt and I owed £947. I threw it in the bin as I can't remember owing that much to barclaycard, and they haven't been in touch with me for about 5 years. Anyway. About 3 months ago I started to get phone calls from Lowells, but as I don't answer the phone if the caller ID comes up as private I left the machine to answer. Always the same message, every couple of days, please call us on this number. More letters, more phone calls, so I had a look on here and found plenty of people in the same boat I sent a letter to Lowells on the 8/8/06, it was basically : I do not aknowledge any debt please supply documents 1: true copy of deed of assigment 2: true copy of alleged agreement (It was one I copied from another post on this site) I also asked for the phone calls to stop - with the relevent harassment letter. I got 3 letters from Lowells on the 11/08, 1 saying they had removed my number from the database and would not call Yeah. 1 saying they had recieved my communication and would look into it, and 1 saying they have ordered a copy of the original agreement and would be in contact again once they receive it. Then, less than a week later I got final demand for payment from them, then the next day a 'reduced offer' letter asking for £450, then another final payment warning saying if I didn't pay they would pass me on to thier debt collection agency. Then, on 04/9 I got a letter from Hamptons requesting I pay £947, and they were collecting on behalf of thier clients Lowell. It says on the letter that Hamptons are a trading style of Lowell, does that mean they are the same company? The thing is, what do I do now? Should I just ignore them, send another letter to Hamptons or Lowells? Sorry it's so long winded, I just wanted to make sure I got everything in. Any advice guys? Michele
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