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EndOfMyTether

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  1. I got the following response yesterday: Royal Bank of Scotland Account XXX Balance XXX Our Ref XXX We are in receipt of your recent letter requesting a copy of the signed agreement relating to the above liability. We have requested this information from our client. (In fact, I didn't ask them for it - In my letter I told them that RBS was already in default having failed to provide it in response to a request made in Jan 07) Please be advised that as this above amount is likely to be a historic bank account/loan it is possible that a copy of the signed agreement cannot be provided. In this event your responsibility for the liability remains, although we acknowledge (on behalf of our client) that in accordance with current Consumer Credit legislation no legal action can be taken as part of the recovery process. If you do not hear back from us you should assume this to be the case. Finally we note that whilst the above liability is under our management the arrangement that we have with our client is that no further interest or charges are applied. Upon this matter being passed back to our client, they do reserve the right to apply interest retrospectively. Yours sincerely for Regal Credit Consultants Ltd Louise Martin Client Services Apart from fighting the urge to send her a bag of commas, does anyone have any suggestions as to what I should do now?
  2. Thanks so much, I'll be sending them a response in the post tomorrow morning.
  3. I was repaying a RBS credit card debt via Moorcroft at £30 a month from Jan 06 and then, at the start of this year, after finding this fabulous site, I sent Moorcroft a CCA request for this account. Evetually, in the middle of March 07 I got a letter from them stating that they could not supply the CCA and that they were no longer handling this debt and that it had been passed back to RBS. I immediately cancelled the standing order and figured I'd hear from RBS about it soon enough. I never heard another peep and kind of forgot about it. However, yesterday I got a letter from Regal Credit Consultants Ltd about the outstanding £500 odd quid saying 'we are INSTRUCTED by our client to demand the immediate settlement of this debt. You should forward the amount in full, quoting your reference number. cheques & postal orders should be payable to RC Ltd and sent in the enclosed envelope. Alternatively you may pay by SWITCH/MAESTRO, VISA DELTA, MASTERCARD or SOLO. If you fail to make payment or contact us regarding this matter we will need to explore all options to recover this debt. This may result in us recommending to our client that legal action is taken against you which will add further interest and legal costs to your debt and may be detrimental to your creditworthiness (what creditworthiness I ask myself ) We strongly recommend that you DO NOT IGNORE this letter, but telephone our offices as soon as possible' So, given that Moorcroft and RBS have already been paid for and failed to come up with a CCA once this year, what should I do now? Do I send Regal a CCA request along with another £1, do I file the letter and forget about it or do I write and tell them about the previous lack of a CCA (if this is the thing to do does anyone have any suggestions as to how to word the letter?) Thanks
  4. I got home today to pretty much the same message. Mackenzie Hall and their lapdogs Meritforce are currently the subject of a complaint from me to Trading Standards/OFT/Information Commissioner and Ofcom for harassment so frankly I'm surprised that J2 have been given my details in terms of tracing me because MH know perfectly well I am here and do not owe a penny on the debt they are allegedly chasing! I plan to ignore this and if MH start writing again it will really kick off...
  5. Just giving this a bump back up the board in the hope that someone will see it and be able to offer some help/advice. I really am starting to wonder what I did in a past life!
  6. ok, this is where I really need some help. I've just (finally) got through to the court phone number and the woman I spoke to told me that a copy of the order was sent out to me on Weds 11th. Great... BUT... She also told me that Nationwide/Eversheds have sent the judge information about refunding into my account and have got the Judgement set aside. At the hearing last week I explained the situation with the alleged refund into the closed account to the judge and offered her copies of the correspondence about it which she declined, so she had been told all of this. Apparently I'm going to get another notice of hearing for the small claims track now... What do I have to do to get them to pay me my money?????
  7. I think the judge said something about them having 14 days to pay - surely this would have been confirmed in any written notification from the court. Eversheds have obviously received something from the court as they have mentioned the Judgement in their letter - should I have also received a copy? I haven't had anything - maybe I ought to ring the court?
  8. Have you got Winzip? I seem to remember it being a zip file when I downloaded it. If you haven't got it just go to winzip.com and download a trial version which you can use for 45 days. Once you've opened the zip file you then simply save each individual document to your pc.
  9. Aaaaaaaarrrrgggghhhhh! To quote Victor Meldrew, I do not believe it! On Friday when I got home from work I had a message on my answerphone from Richard Norwood at Eversheds asking me to phone him about my claim. I did this yesterday and basically refused to discuss it with him on the phone and told him that anything he wanted to say to me was to be put in writing. He tried several times to badger me into talking to him but I just kept repeating that he needed to put it in writing. So... when I got home this evening there was a letter from him and guess what? It's complete bull! Here's what it says: We refer to our letter of 26 June 2007, to which you have not replied. We have also attempted to contact you on the telephone and have left a message. We understand that you attended XXX County Court on 3 July 2007 and asked the Court for Judgement for the full amount of your claim, despite our client already refunding £2035.79 to your account. In our letter of 26 June 2007, we explained that the further charges you were seeking were outside the 6 year limitation period and as such you are not entitled to recover such amounts. We shall now be grateful for your confirmation that you no longer intend to proceed with the claim and that you agree the Judgement can be set aside. Please sign at the bottom of this letter and return one copy in the enclosed pre-paid envelope. Needless to say, I am not a happy bunny right now, so here is my response and I would be happy for any comments on it before I stick it in the post to him: Thank you for your letter dated 9th July (copy enclosed) which was received by me this morning. In your letter you state that I have not replied to your previous letter. I would like to refer you to my correspondence dated 1st July 2007 which was, in fact, sent in response to your letter dated 26th June 2007. This was sent not only to you but was also copied to Mr Charles Bacon at Nationwide. Another copy of that correspondence is also enclosed with this letter and I would like to reiterate that at this time I most certainly do not agree with your suggestion that the claim has been settled by your client and that the Judgement that was granted in court last Tuesday should be set aside. Also in your letter of the 9th July, you state that I am seeking to reclaim charges that are outside the 6 year limitation period. This is absolutely not the case. The earliest charge that I am reclaiming is from May 2001 which was within the 6 year period when I filed my claim with the courts. Please refer to the enclosed copies of the lists of charges, one of which is mine and the other is from the Nationwide themselves. If you compare the two lists you will see that the only charges that appear on my list that do not appear on Nationwide’s one are those that were applied to my account in February of 2005 which, I am sure you will agree, is well within the limitation period. Throughout the entire time I have been corresponding with the Nationwide regarding this claim for unlawful charges they have continually suggested in their letters that I may wish to make alternative banking arrangements and that is precisely what I had to do in 2005 when they ceased all access to and activity on my account with them. Therefore, I fail to understand how they can claim to have refunded any amount of money into an account that has not existed for 2 years. Please take this letter as notification that until such time as I have received a cheque for the full amount of my bank charges plus interest and court fees I will not be satisfied that the claim has been settled and will pursue the matter further. I trust this clarifies my position and look forward to hearing from you by return. If only you could see the steam coming out of my ears right now... given the current state of my mind (emotionally and physically) I think that I have done rather well to be that polite!
  10. Gee thanks Janet - that's why I asked for them to be merged!
  11. Sorry I haven't updated this sooner but Tuesday turned into my own personal first line of a Tale of Two Cities. I went to court, no-one from Nationwide or Eversheds turned up and the judge, after much eye-rolling at Nationwide's behaviour, decided in my favour. Great news, although of course, I don't actually have the money yet. Then, that night, after a very emotional heart to heart my OH and I decided to call things off. It was certainly a day of mixed emotions and felt a bit like a hollow victory in the end.
  12. Nationwide will do everything to stall and try to put you off but all you have to do is stick to the timelines in the step-by-step instructions and they can't do anything about it. They sent my Flexaccount statements very quickly with no fuss but at the same time (as part of the same S.A.R - (Subject Access Request)) I asked for my Classic Visa info and that's been the Devil's own job to get them to come up with it. I've complained to the Information Commissioner who instructed them to supply the information and they sent what looked, on the surface of it, a full history but on closer inspection had 2 or 3 month chunks missing all the way through. Six months after my original SAR I am still battling for the rest of my Visa statements and am going to court tomorrow to get a Judgement on my Flexaccount. The key to it is to be as stubborn as they are and not to give in to them. Good luck - you'll get some good advice here so keep posting!
  13. Needless to say, I have had no contact from either Eversheds or Nationwide today either by phone or e-mail, so it's off to court I go in the morning. I'm probably being over-cautious but, even though I haven't specifically been asked for it, I'm taking absolutely everything - including all the documents in the court bundle I got from here. I have 3 sets of the papers in files and am about to go through and highlight the charges on the copies of the statements (why doesn't highlighter pen photocopy?). I've reprinted my schedule of charges today so the interest amount is as up to date as I can get it and I guess it's fingers crossed from her on in. I'd really love some input from someone else who has actually got to this stage and been to court - I simply have no idea what to expect!
  14. At the risk of getting my head bitten off again, I've decided to update this thread. As previously stated, I got a letter from the court on June 22nd notifying me of the date for the Hearing (July 3rd, 10.30). That's all it said, no mention of needing to do anything other than turn up on the day and that 5 minutes had been allocated for said Hearing. Anyway, after ringing the court to find out if I needed to do/bring anything they said 'just bring copies of your claim and what you're claiming for' I'm a bit worried that it may not be as simple as that so I've got three copies of the court bundle ready to take with me in case I need them. Prior to that I received a letter form Nationwide saying they'd refunded (see link in first post on this thread) albeit the wrong amount and to a defunct account. I responded to that letter saying I did not consider it settled and would proceed with court action. This week I got two more letters, one of them was the standard 'bog off' letter from Nationwide telling me that, as they are fairly applied to the account, they're very sorry but they can't possible agree to refund my charges. (There's nothing like a little self-contradiction!) The other one arrived yesterday and was from Eversheds. This one says that their client has informed them that they have refunded (the wrong amount) into (the defunct account) and they want me to send them a signed copy of the letter agreeing that the claim is settled and any Judgment be set aside. Needless to say, I was keen to respond (and with there not being much time before Tuesday) so I e-mailed the person who sent the letter - [email protected] and copied the mail to [email protected] and [email protected] informing him that I did not consider the matter settled and referring him to my previous letters for the reasons why not. I stated that, as I no longer have an account with Nationwide, until such time as I receive a cheque for the full amount of the charges plus interest and court costs the case would proceed. It'll be interesting to see if they contact me on Monday but if not, it looks like I'm off to court on Tuesday morning! It's a good job I have an understanding boss...
  15. That's all there is - it's one side of A4 that says the Hearing will take place om July 3rd at 10.30 at my local court and that I should attend. It then says that 5 minutes have been allowed for the Hearing. The only other thing it says is that they try to get things done on time but that delays may occur and that I should contact the court by 2.30 the working day before my case to ensure that there have been no changes to the listing. As mentioned in my previous posts I don't have an AQ to complete so I don't really know what to do - Nationwide have written to say they've paid out, but it was the wrong amount and the account they claim to have refunded it to has not been accessible to me for over 2 years so I can't even check if the refund they claim to have made has actually been done. I'm getting worried because the court hearing is next Monday. Should I e-mail Charles Bacon a reminder of this and send him a copy of the letter that I sent to the Member Account Servicing dept in response to their letter informing me of the refund?
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