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Josie8

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Everything posted by Josie8

  1. no unfortunately. However I would be inclined to send a copy of file and court order to the Minister Ian McCartney) in charge of the information commissioner & ask why don't they enforce parliaments will & ask what sanctions are available. Would also write to OFT questioning Natwests fitness for licensing for credit.
  2. If you didn't authorise any work at all just a look at then they can't charge you. Ask for your vehicle to be released if they refuse advise garage you are calling police. Call police tell them you didn't authorise any work only an inspection for a quote for you to consider. They will tell garage to release car & pursue matter civilly. However if you did authorise work garage would probably have a right to hold vehicle as a lien on debt unless on previous times they had allowed you to part pay and take vehicle
  3. An interest rate in excess of 42.5% is likely to be demmed extortionate - at 181% the courts will declare the agreement void and you won't have to pay it back
  4. Send a CCA request enclosing a 1.00 postal order. They have to send you a true copy of your original agreement which should detail amongst othrr things the APR interest charge. They have to comply within 12 working days. If they don't you can stop payments & they can't charge interest untill they do produce it. If they then don't produce it within a further 30 days they commit an offence & can only enforce agreement by going to court. Being Provident I expect their interest rate will be very high - certainly in excess of 42.5 %. I noticed on a different thread yesterday a figure of 177% was mentioned. A court is likely to deem interest rates higher than 42.5% exorbitant and this results in the agreement being declared void & you don't have to repay anything...... So 1st thing tomorrow send them a CCA request by Special Deliveryb& then start counting days....
  5. Issue a witness summons for whoever is the Head of Natwests Data Protection Regulatory Compliance unit & ask for court hearing for possible contempt of court as they have ignored the judges order which brings different possible sanctions I.e threat of jail for the individual concerned.
  6. They have to produce a true executed copy............... They can blank out signatures and addresses etc but firstly it should be a copy of what you actually signed....therefore it should have your hand writing on it. Usually when they are messing around sending unsigned copies etc its because they don't have your signed one.............otherwise why go to all the bother!!
  7. Choose the section you want to post in and click on thread/starter at the top
  8. No because once the default criminally i.e. 12 + 30 days they have to go to court to enforce it. If as a result of the CCA not being produced or an invaild agreement being discovered as a result of your request then because these agreements are regulated under the Consumer Credit Act 1974 the court will not allow enforcement of the debt. So in short yes it is well worth CCA'ing I think the only problem would be if you already had a CCJ issued against you longer than 2 months ago...........in that case the debt is deemed to have been proved because of the court order.
  9. Yup you have them on the run..................... :p
  10. and credit card mailers aren't true copies of your original agreement - they're only a statement of current terms and conditions so don't comply with the requirements of the CCA request......... They're just hoping they can pull the wool over your eyes ...... Game on and Good Luck
  11. Thanks Parkvale. I really appreciate help I've been given on this forum too
  12. Yes you do not acknowledge the debt from this point on. You can cease payments on the account. They can't leggally apply interest and they cannot legally report the status of your account to the CRA's. If at any stage they prodece a true copy of your executed agreement (not application) then they can apply interest from that date only and request payments again...............they can't ask for back payments. If they had a true copy though I'm sure they would have supplie it to you already..........................
  13. You write to them telling them no CCA = No Interest +No Payments to be requested + No reporting of Account information to CRA's You can stop making any payment. If at any later stage they produce a true copy of your executed agreement they can only charge interest and request payment from that date only
  14. Matin 3030 Here is a template letter to take or send to the bank to address this. It is important to let the bank have this BEFORE you expect to have funds paid in by DWP or the Inland revenue. A new letter should be sent for each payment that you expect to be protected,customise as required by adding the benefit/type of payment. RIGHT OF APPROPRIATION Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxx I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes; Rent £xx Utilities bills £xx Housekeeping money £xx I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this withdrawal. Yours faithfully, [signature] [print name) Additionally here is further info thanks to JonCris You may also wish to insert the following in your letter to the bank. Social Security Administration Act 1992 Miscellaneous Certain benefit to be inalienable ** 187- Subject to the provisions of this Act, every assignment of, or charge on- (a)benefit as defined in section 122 of the Contributions and Benefits Act; (b)any income-related benefit; or ©child benefit, and every agreement to assign or charge such benefit shall be void; and, on the bancrupcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors __________________
  15. Ok Understand the motive behind your generosity sending them a fiver - lets face it they're going to need it with all the money they are going to have to write off!!! Anyway MBNA have officially committed an offence - to be precise yesterday (12 working & 30 days). I have only received statements from them - I sent both requests in the same letter So the position is now? I take it I write a letter telling them criminal default= no interest +no payments + no information to CRA's (CD=NI+NP=NITC)........... :D
  16. Hi Pete, Thanks for that Josie
  17. I always send postal orders made payable to them because it gives them no wriggle room on when payment received (i.e waiting for cheque to clear). On some threads for SAR requests bank won't cash cheque. PO's can be checked if cashed by post office but it doesn't really matter because in law it is regarded as cashed on receipt.
  18. well have written requesting agreenent, guarantee, subsequent agreement & any other pertinent paperwork . Sent it Special Delivery
  19. Can anyone point me in the direction of the spreadsheet that works out compounded contractual interest for credit cards?? My heads spinning.....can find those relating to banks but not credit cards......................
  20. Thanks - at least its not me going nuts lol!
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