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SHERLOCK

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Everything posted by SHERLOCK

  1. Thanks thunderpuss, Speedy response, consider it DONE Also was about to send the CCA to BC&Co within the hour, shall I send YOUR letter instead, many thanks sherlock
  2. Also please make any amendments to letter below before I post, thanx BRYAN CARTER & CO. SOLICITORS Persimmon House, Dehavilland Drive Brooklands Business Park Weybridge KT13 0NT Dear Sirs, Reference: XXXXX I handed my payments to creditors over to a debt management company as I was not able to deal with the stress of intimidation myself at the time. However, I can find no record of any debt owing to National Westminster Bank PLC. I therefore do not acknowledge this debt and require you to supply the following documentation before further discussions may proceed. Firstly, you must supply me with true copies of the agreements you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 postal order in payment of the statutory fee. This payment is not to be applied to the alleged debt under any circumstances. I also require that you provide any such paperwork to which your particulars of claim state: THE DEFENDANT AGREED TO PAY MONTHLY INSTALMENTS UNDER ACCOUNT NUMBER NATWXXXXX BUT HAS FAILED TO DO SO I also require that you supply signed true copies of the deeds of assignment of the above referenced agreements. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974. 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. Yours faithfully
  3. Hi guys & girls Received Claim Form for CCJ from Claimant: NATIONAL WESTMINSTER BANK PLC. Documents/ Payments address : Bryan Carter & Co. Persimmon House. Account history: Account around 9 - 10 years old, balance around £4500.00. Been paying on/off last 4 years. Particulars of claim: Defendant agreed to pay monthly instalments under account no. NATWXXXXX but has failed to do so. Any comments welcome, ta
  4. Hi All, A new thread to check progress on RBS Creditcard that has been sold to Lewis Debt Recovery. CCA Sent 19/10/06 Reply Received 23/10/06 - LDR have requested a copy of the ORIGINAL agreement from RBS - Collections Department Received 24/10/06 requesting weekly/monthly expenditure before They can consider My offer of settlement (Never offered anything) - Collections Department
  5. Hi All, I am currently in the process of obtaining CCA info (EXPLICIT TIME ALLOWED 14 DAYS) on 3no. accounts with CABOT !!! Started this thread to let you see my progress, CABOT's attitude, subsequent claim for refund of charges and also Data Protection Act info on original creditors (Monument + Citifinancial). To date have received NO reply on CCA'S. Any Communications welcome, TA.
  6. Thanks Sarah, Was awaiting reply from 'PAYPLAN' regarding possible recourse re. creditors and whilst they do not have access to their internal policies they said that it would seem unlikely that they would take any retaliatory action. I thank you for your letter, will be sending out A.S.A.P. sherlock
  7. Hi Sarah, Many thanks for your reply, will take on board and go through even more FAQ's. Have sent an eMail to Debt Management Group asking for any advice they can give with regard recourse taken by creditors. Previously when I could not be able to meet monthly payment I was advised to pay £1.00 per creditor to make notice that I have not abandoned them. This seems the logical step I will take and can only show me in a good light for possible future hearings. Is the letter to DCA's a DPA/SAR or a standard request ie. no payment? Thanx all for Help
  8. Hi Elsinore, CREDITOR LIST AS BELOW: Capital One - debt returned Barclaycard - debt sold to First Credit Monument (Barclays) - debt sold to Cabot Universa (RBS) - debt sold to Wescot Citifinancial - debt sold to Cabot The above debts, some having been sold on, obviously include the charges in their totals - thus, am I claiming off the original creditor? I assume that since I still owe the money that any charges refund would come off the totals. I find this totally acceptable and I am looking forward to reducing these amounts. I do not want them applying for ccj's and attachments etc. though, and was wondering if this is the course they will take. Thanks again for all your advice
  9. Hi all, Advice required please with regard debts and claiming charges. I entered into a debt program (not an IVA) with PAYPLAN, who incidently are very helpful and have been paying through this plan for a while. I would like to ask if the creditors are likely to start to turn the screw on me if I reduce the debt amounts by claiming the charges that have been allotted to these accounts. At the moment they seem to be off my back and accepting the vastly reduced payments I make. THANK YOU ALL.
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