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Everything posted by fatboydukey

  1. Thanks Scott, I will have a read thru and adapt one of the templates to say what I want it to!!
  2. Hi all I did have a dmp with Harrington Brooks/all clear finance which I cancelled last month because they kept changing the dates they were paying my creditors and then I was getting letters saying they were gonna add charges etc (I fully understand how to claim back charges (am a bit of a pro hehe)) but my question now is about going it alone and sorting out the small piece of debt I have left....less than £2000 so wont take me long to pay! Earlier I rang one of my debtors, thinking they would quite happily accept a request to set up a direct debit with them but the little twerp on the phone was sounding quite disgusted that I didnt have to the money to pay in full right there and then....live in the real world buddy, or is mummy still at home wiping your behind and clearing up all your own mess??..... The offer I was willing to make was more than I was paying thru my dmp but he wanted to go thru a expenditure plan over the phone....I didnt do this coz basically I didnt want to! I then said I would write to them instead! He said they could do a 2 or 3 month plan....yeah I wish!! Now I am looking for a template I can send to all my debtors saying along the lines of....I cancelled the agreement with the dmp but obviously I have other debts I need to pay aswell and can offer you this a month.....some of them will be paid within 6 months so me doing it myself is meaning they getpaid more and quicker!!! I have written all my debts down with what I can pay each month to get me debt free within a year but I cant find a relevant template I can use to send to them. Can anyone help out there please? Cheers FBD x
  3. Hey JM I do try and remember to come back every now and then but my life has been stolen by f*cebook haha!! My claim was on hold by HSBC so I didnt go to the court stage.... Not sure where to go from here tho?!!!
  4. Hi guys Happy new year to you all!! Ok, Ive had a letter from my bank saying they wont pay back charges because they have been ruled as not unfair etc etc....are there any templates we can use to send back to them? Thanks FBD x
  5. Hi all..... Its been a while lol.... There are sooo many posts to read thru that I dont know where to start...can someone explain to me (in a nutshell) what the result meant?? Can we start claiming again?? Do we have to reword letters etc?? Need to get myself prepared incase any new 'debt letters' fall on my doormat...... Cheers guys FBD x
  6. Hi Kenny I didnt no what to do about asking for it by cheque so had the amount deducted from the balance, which was good as it cut it in half!
  7. Thanks guys, Will have a look through those links! Cheers FBD
  8. Hi guys This claim is my cousins. Some info, my aunt died last year and my cousin is now the legal guardian for his brother. He receives job seekers that is paid into a post office account and Guardians allowance and child benefit paid into his Lloyds account. Its about £30 a week and this is used to pay 2 direct debits, one is house insurance and the other tv licence. My cousin isnt the sharpest tool in the box so I help out where I can! The last couploe of months have been particularly bad for him and one month he lost track on the dates the DD's were being taken out - he ended up getting charged £40 for them being returned and he hasnt managed to get back on track yet so he is getting charged the same amount every month! I heard that bank charges cant be taken from benefits somewhere so sent the letter mentioning this and stating the Social Security Admin Act 1992, Section 187 and have asked for the charges to be refunded. My cousin finally received a response this week - I havent got a scanner so will type out one of the paragraphs, most of the other paras are to do with them spurting out about the test case... "We have considered the point u have raised in relation to the social security admin act which we believe was directed at section 187. It is our view and the view of our legal advisers that debiting these bank charges from an account into which benefits have been or will be paid is not contrary to that provision of the act." Where do we go from here? Also, he received another letter from Lloyds about an unauthorised overdraft and from what I can work out they are saying that although they dont usually do this on his type of account - if he goes overdrawn in that month he will be charged a set fee of £15 instead of the £20 usually charged for each cancelled dd etc.. has anyone heard of that? If he doesnt go overdrawn then he wont get charged the £15. Cheers FBD x
  9. http://www.consumeractiongroup.co.uk/forum/hsbc-bank/151630-hsbc-2nd-claim-charges.html How bout that?!
  10. Hmmm, I dont know how to do that unless I copy and paste the http bit lol
  11. Hiya Ultimate I claimed the service charges because my whole outstanding balance was made up of charges!! The service charge is worked out as a percentage of the total outstanding amount on your account - for example: If your balance is £150 and £100 of that is charges then the service charge should only be worked out on the remaining £50 of the balance! They work it out on the total outstanding amount! When they replied originally I rejected their offer because they tried getting out of paying the service charge - I sent another letter explaining how they apply them and got it all back!! Hope that helps! Cheers FBD
  12. Hi Littleprincess, Good advice given above, dont let HSBC get to you!! I was in exactly the same position as you! Single mum, young kids - banked with HSBC and got charges of roughly £150 a month because same as you they let me go overdrawn but wouldnt give me an overdraft!! I ended up opening a parachute account with A&L and with that got a cheque book and debit card (my credit history was really really poor). My account with HSBC is still active (overdrawn because of the charges) I havent used it in over a year tho and wont ever use it again!!! You can have a look at my thread to see what Ive come up against so far! A bit of advice, if you log into your online banking and go to personal details you can remove all of your telephone numbers (if it wont let you delete just put lots of zeros instead)! I also changed my email address to one I never use anymore... Thats where you can get copies of the last 6 years bank statements also! Hope that helps and gives you some encouragement!! Cheers FBD x
  13. Lol, I decided that if they started court proceedings to get it back thats when I would put my court claim in!
  14. Cheers JM Havent been on here much (damm those 'social networking' sites lol) I was looking for one of my old account in dispute letters but I only had ones regarding catologue charges! This one seems a lot better! I never actually got to the court stage just sent the first and second letters. Because this is my second claim it only goes back about 2 years so was ok with the 6 years of claiming rule. Money issues etc prevented me from doing it.... D'ya think thats gonna go against me? I thought that if your account was in dispute the debt couldnt be passed on even if you hadnt put a claim in to the courts?? When I was sorting a claim for my mum with Kays they passed it on to moorcroft so I sent them an account in dispute letter and they wrote back saying they were sending it back to Kays... I need to update my claim anyway as even though I dont use the HSBC one anymore its overdrawn and they have been adding about £5 per month on (debit interest) and also I need to recalculate the interest since its been a while... I will do that and then see about getting it to the court stage! Always look forward to your helpful replies JM (and Pete of course)!!! Cheers FBD x
  15. Hi guys Just an update! Received a letter from Moorcroft today - I HATE THEM lol!! Now where is that account in dispute letter..... Same old blurgh theyve put in the letter, intended litigiation before legal proceedings commence... could send baliffs, attachment of earnings, charging order on a property I may own or buy... I dont care, take me to court coz thats when I counter claim for the charges you dufus' hehe!! FBD x
  16. Hi Hasselhoof Seems they must have a batch of these letters as I received one today from the same woman - also included a statement of earnings for me to fill out. Yeah right course Im gonna fill that out, NOT! I bloomin wish they would take us to court at least we could get things sorted out then! Thanks as always to Jonnymitch for the info he always readily supplies lol! Am off the have a look at Dougy 79's thread! Will keep u posted on how I do aswell! FBD x
  17. Hi Shalaz When I claimed back my charges from them I also requested a true signed copy of my CCA in the same letter. They sent me back an unsigned one so I knew I had them by the goolies then. Luckily I had copies of all my statements so I was able to work out all the charges and interest that I needed to claim. - If you havent got statements you will need to send a SAR letter (letter template on here somewhere - it may be in bank charges section). This costs £10 (if you send a cheque make sure it is someone elses as you dont want them to have your signature)!!! and they have 40 days to provide you with the information. I didnt make any payments while I was doing this as the account was in dispute because they hadnt sent the CCA or paid back the charges. At first they offered a measure of goodwill payment - which I said thanks but I still want the whole lot. Then they queried the interest charges I had listed and said if I didnt pay in full every month then this interest is added - I answered 'the interest applied included interest on charges they had placed on the account so I want it back'. A lot of the rubbish they put in their letters is done to scare and worry you but I stuck to my guns, replied onlong the lines of 'I dont care I still want my charges back! I then eventually did get the charges back - near enough the whole balance that was outstanding on the account were made up of charges so when they refunded them my balance was about £20!! I hope that helps - I havent looked at my thread regarding my studio claim so when I get the chance I will have alook and see if anything else springs to mind! Cheers FBD x
  18. Thanks Fwog and Chris That is correct Fwog, my sister is willing to pay this, she just didnt know it was still outstanding! He was due to come back at 7 tonight so will have to find out what happened!! I love it when you can tell the debt collectors where to go!!! Cheers FBD x
  19. Hi guys Thanks for the replies - we will get the letter printed off ready to give to the baliff (think I will get sister to selotape it to front door) Is my sister able to just pay the council and not the baliff or does she defo have to pay the baliff? She has the council tax reference so can do it either online or at the cash station at the council - will the council inform the baliffs to back off if they start getting payments or will the baliff still chase her? Cheers FBD x
  20. Hi all My sister was rudely awakened at 7.30 this morning by the baliffs regarding a council tax bill from 2005. Ther baliff had a handheld PDA thingy that he was reading from and he was quoting that the bill was owed from an address she did live at but had paid that council tax bill in full. Obviously the council didnt open till 9am so she couldnt ring them to find out what was going on. The baliff then started threatening to clamp and tow away her car (which is registered in her partners name). He also said if she didnt pay in full by tomorrow morning she would go to prison!! She asked if he would at least wait until the council opened so she could speak to them and he replied 'yes for another £140 charge'. She then slamed the door in is face coz it obviously upset and angered her! Her three children were listening to the whole thing! He then hand posted through the door 2 enforcement action documents stating how much was owed and on these it states 'imprisonment may be imposed for non-payment within 24 hours. My sister spoke to the council when they opened (VERY unhelpful - couldnt give a t*ss) and they informed her it was from a previous address to the one that the baliff had which she did live there (four years ago) but thought that council tax bill had been paid. The council then said they had tried to find her but couldnt (she has always been a council tenant with the SAME council) and pays council tax at the moment. The council basically refused to help and said it was inthe hands of the baliffs. The baliffs are coming back on thursday and have kindly (NOT) offered to either accept the FULL payment or a payment plan of £300 a week for the next four weeks! AND this would be secured on her partners cars!!!!!! She asked the council if she could do a payment plan with them and they said no because of the summons. Is there anyone out there who can advise what the next step to take would be?? I have advised not to pay the baliffs but to go to the council with the council tax reference number (quoted on the baliffs documentation) and start paying them a regular affordable payment - is this right? If anyone has any templates we could use to send letters to the council and the baliffs it would really be appreciated! Advice ASAP would really be appreciated!! Thanks FBD x
  21. Just subsribing to have a proper read thru at home later - am at work and boss wont like me spending the afternoon on here lol Cheers FBD
  22. Thanks dpick Thats what I thought! I still have all the original statements and did list all the charges and interest in my original letter to them! The charges came to more than the actual outstanding balance and I even offered to let them off the difference that was about £10 - not now tho Im gonna get it ALL back lol!! I will have a snoop around at your posts and try and get another letter typed up to them! Thanks again FBD x
  23. Hi guys I require some assistance please? I started a claim against Kays a few months ago for charges that were applied to the account. Basically the balance that was outstanding was COMPLETLY made up of charges and interest! I sent my original letter requesting them back also requesting a copy of my signed cca. We have had a few more letters going back and forth but I have now received their final response which basically is saying the debt is still outstanding. I havent got a scanner a the mo so will type the bits out that are relevant - hope someone can read and offer some advice!! Re: CCA When account was originally opened we sent blank agreement to sign and return. I can advise that since currently unable to locate a copy ofsigned agreement will not be enforcing the outstanding balance. However if it is found we will reserve the right to enforce it. Re: Processing of data on account Although cannot locate signed copy of agreement there is clear evidence of a credit relationship between littlewood finance company ltd and you, that is, orders, deliveries and returns. Several payments made to account using various cards. Accordingly, even if debt is unenforceable, by virtue of lack f signed credit agreement, it is still a valid legal debt in all other aspects. As debt remains unsatisfied, it will be noted on your internal file for future reference. The information will also form part of your records at Credit Reference Agencies who we shae info as detailed in fair processing notice (DPP) contained in Kays catalogue and on website. This info will remain on credit file for 6 years. Making payments to account will reduce amount outstanding on credit file. I trust our explaination meets with your satisfaction and confirm this letter concludes investigation into your complaint. As complaint is in relation to an event before 6 April 07 we are unable to refer complaint to FOS as we were not a member of a dispute resolution service until this date. If you do refer to FOS it is unlikely they will consider the complaint. They will require confirmation that final response has been given and we confirm this is it. They seem to have completely ignored the fact that I stated the outstandin balance was entirely made up of charges! I knowthey have said that is their final response but I want the debt cleared and the black mark removed from my credit file - anyone got a suitable response for me that I can send???????? Cheers FBD x
  24. Hi Melly-mo Stick to your guns and go for it I say!! If you click on my name and go to threads started you should be able to find details of my claim against studio! I claimed back all the charges made to my account INCLUDING the service charges - I also applied for a copy of my signed cca which they couldnt supply - and YES they paid up! Hope my thread gives you the encouragement to carry on with your claim!! Cheers FBD x
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