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  1. To update They have ignored my S10 notice & have continued to chase full settlement through a dca saying they have given me their final response
  2. Hi, I there any chance someone would be able to take a look at my post #13000 please? Many thanks
  3. Hi, I hope that someone here may be able to offer an answer to my question. I do have my own thread on the subject but haven't been able to keep it up to date and often do not get responses. I have an alleged agreement with a bank for a loan for which I sent off a CCA request in 2006. The bank responded after the timescale with an incorrect agreement (for a lower amount which was cancelled and incorporated into a larger amount before the funds were cleared). They eventually sent a copy of the agreement for the larger amount but did not include the cancellation rights. Despite my attempts to get them to send the cancellation rights (including sending a S.A.R - (Subject Access Request)), they have given me no copy of these rights (mentioned in the agreement) or any evidence that they sent them to me. There were 2 agreements (1 cancelled by the second) and one was actually signed when a member of staff visited me at my place of work. I cannot recall which agreement was signed on the bank premises and which was not - I seem to recall that this has some bearing on the bank's obligations. My question is this: on these grounds can I, if they send the cancellation rights, cancel the agreement and repay the initial amount borrowed minus any payments made (but not including any interest or charges). I think I may have read somewhere that someone has done this, but I think I may also have read that there is a time limit. I would be grateful of any advice anyone can give or if you can point me in the right direction to find out for mself that would be greatly appreciated. My complaint really is that I was given no opportunity to asses whether I could afford the increased monthy repayments or to extend the payment holiday. I also do not believe I was given a copy of the agreement at the time of signing although I do not have any evidence of this. I really want to point out to the bank that their irresponsible actions in not giving me these opportunities to asses the situation are indicative of their general failings and I would like them to receive a shock which they would learn from. To this end, I would ideally like to show them that they have no right to any repayment from me. Should it be necessary however, I would of course repay the initial amount as mentioned above. This has dragged on for far too long now and has been passed on to a dca so I would really like to get this cleared up as soon as possible. I would be most grateful if anyone can give me any help with this. If it's easier and offers less distraction from this topic, please feel free to respond by PM or in my thread Suspect I have no loan agrrement
  4. Hi all, I've just subscribed to the thread & I've got a couple of questions I'm hoping someone can help me with. Firstly, can anyone tell me if the judge in the Rankine case was Judge Brown? I ask because I've just received a letter saying the credit card company's complied with my s78 request by sending an application form and (undated) T&Cs & stating the issues have been interpreted in the high court by Judge Brown. It would be a great help if I can find out what they're referring to. As they've given me no more information, they're obviously hoping to intimidate me into giving up. My second question is, can anyone send me the links for Wilson v FCT & Wilson v Hurstanger please? Many thanks & thanks for a great thread
  5. I got a copy of an application form instead of a full agreement in response to my CCA request. T&Cs are not dated. Just out of interest, can anyone tell me if this section of the T&Cs gives this company the right to pass on my details to DCAs or CRAs please? We may transfer to any other person any or all of our rights under this agreement at any time and our duties (including, without limitation, our duty to lend to you). We may do this without telling you. Your rights under this agreement and your legal rights (including under the Consumer Credit Act 1974) will not be affected. I think it probably does, but just want to be sure, although as they're not dated & on a separate sheet from the form, they're not confirmed as being current when the application was signed
  6. Oh...now I feel stupid, but I haven't seen that part of the site before
  7. Thank you soo much Spiceskull, I knew it was going to be something really simple like that, but so much more appreciate after I've just wasted another hour of my life on the phone trying to get this sorted. You know how they measure how many years you spend awake, asleep, at work, eating etc? They should add a new category for being on hold/talking to someone who isn't listening on Virgin's customer services line
  8. Hi, Thanks tiglet, that'll be my next move, but I was hoping someone may have an email address. I seem to remember someone saying somewhere on here that they had it. Also, it would save a bit of time & hassle (most of my recorded delivery letters don't seem to make it to their destination!)
  9. Needless to say, I'm not looking to contact him to congratulate him on Virgin's customer services. I'm starting to reach the end of my tether with Virgin not keeping to their word. It's a very long story, and has been an ongoing problem for at least 6 months so, having tried to reason with probably most of their staff, I'm hoping their top dog, Neil berkett may listen. The long & short of it is that I signed up for a package deal, was told it that would be the price for as long as I stayed with Virgin. But surprise, surprise, they now say that wasn't the deal. Have promised twice to send the contract out as evidence (never materialised) and to top it off, have made several mistakes with the direct debit & are now charging me monthly for not paying by direct debit since I cancelled it to prevent any more errors. If anyone has the contact details I need, please could you either post them or pm them to me? I'd really appreciate being able to wrap this up.
  10. I've had numerous problems with Virgin backtracking on their word, overcharging & charging month after month for paying by card because they can't get the direct debit right. I reckon they went a bit overboard with handing out discounts & now the big bosses are worried about their bonuses. :o You're not alone tal! I haven't got very far myself with complaining yet...but the battle continues. Good luck
  11. Hi, I need to send off a s.10 notice as my details have been passed on to a dca for an unenforceable debt (credit card company has sent me my application form in response to CCA request) for which I never signed any agreement or agreed that they could pass on my information to third parties. Obviously, I don't want to agree that there was a contract as per the standard letter, so I've adapted it. I was just wondering if anyone could have a look at my draft I've posted in my thread Suspect I have no loan agrrement please. I'd really appreciate it, so many thanks in advance
  12. Hi again and thanks for your help with this. I've sent the s.10 off & cc'd in the credit reference agencies & the debt collection agency, but haven't heard anything yet. I'll send off for my credit record once I know they've all received them & the 7 days have passed. I have one other query relating to an unenforceable debt with a different lender who have failed to satisfy my CCA request as they were only able to supply a very poor copy of the application form which doesn't mention anywhere any reference to the Data Protection Act or disclosure of information. I don't want to send the standard s.10 notice to them as this would imply that I believe there is a contract, so I've modified it. Can anyone check it for me & let me know if it is good enough to send please? I need to get it off asap as they've already passed all my info on to a debt collection agency who I know will start harassing me in the next couple of days. I'll be sending off copies of the debt collection guidance notes too. Anyway, here's my version of the s.10 notice: Address Account details etc cc Equifax, Experian, CallCredit, Debt Collection Agency Notice pursuant to s.10 of The Data Protection Act 1998. Whereas you claim that I have been a customer of XXXXXXXX since XXXXX and whereas you claim I consented to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998. Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law. This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted. Many thanks for your help
  13. Hi Steven and thanks for your response. I've found the template letter for the section 10 notice, which I hope to be able to post tomorrow. As I received a letter yesterday from their recovery department, I know they have passed my info on and they say in their letter that they've registered the accounts with the credit reference agencies. (I will be getting a copy of my credit record as soon as possible to confirm). The thing is, the 2 accounts which were overdrawn have been in credit for nearly a month, but are still showing on the letter as being referred to recovery (with a credit balance). If I send the letter to the original bank, should I also send a copy to the recovery department with a covering letter, or do I need to send this just to the recovery department? & would I need to send 3 s.10 notices, one for each account, or could I just put all the account numbers on the one letter? Also, what would be considered reasonable if I were to sue for damages? Would I be able to claim back the bank charges and interest, or would it just be the interest & charges they've applied whilst they've been in default? Are there any guidelines about what's a reasonable amount to charge for distress, admin costs, time taken up by dealing with it? Thanks for all your help, Acer
  14. Thanks for your help everyone. I guess I've got a bit of reading to do. I am of the opinion that as they're expecting me to follow the alleged agreement to the letter, then so should they have done in sending the cancellation rights at the time they said they would & again when I made the CCA request. Thanks for the heads up on the default notice. I hadn't thought of a claim for defamation. I will be sure to do some extra reading when I get a spare minute (time's very, very short at the moment). I have just updated my thread which is here Suspect I have no loan agrrement If anyone has any additional advice it would be much appreciated. Many thanks again for all your assistance
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