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Posts posted by davey77

  1. How did you get on with the letter Davy ? My two are now with moorcroft so I,ve just written to them explaining about Amex non supply of my cca ,interesting to see what they reply with !


    Didn't get much back to be honest. And i am on auto pilot regarding DCA rubbish these days.. i hardly bother to even file or read the stuff. If it's from a DCA i just bin it/ignore it. :)

  2. Keep in mind though that if they really really really wanted to track someone down.. they could. DVLA sells drivers details to any creditor that pays a small fee. And you have to register your car to a new address in Law which you can't get away with not doing.


    But it's all about what assets they think you have, the strength of their case against you and value of debt as to whether that's all worth while for them... or not.

  3. Sorry i missed your last post.. all change here and haven't been very active.


    I suspect there is a 'duty' somewhere (might even be in the credit agreements?!) that says you should inform the creditors of a change in circumstance (including address).


    But to be honest if you are stressed out and can't pay and they haven't listened to your demands for information etc etc then its understandable (in my opinion) if you were to forget to inform them of a move. ;)


    I guess that's why we have Statute Barred legislation at least, in part, in situations where the creditor looses touch with a valued customer.


    My only experience with Apex was one letter back in 2008. I didn't reply and they never bothered me again. After that it went to Moorcroft.

  4. Hi Annyfrog


    Not quite my area but i'll try and point you in the right direction and give an opinion.


    If you are sure everything else is in order re the agreements (prescribed terms/signatures etc) and the problem is with the calculated interest rate then i would say the amount in question is the issue.


    If it's a small minor discrepancy (a few pounds more or less) then i doubt a Judge would come down very hard on the creditor for it even if technically the agreement is not in order. (And likewise the creditor won't be too concerned if you push it, or look like you are pushing it towards a court room.)


    If on the other hand the amount is considerable in relation to the loan amount (Difference between what the paperwork says and what your actually paying) then at least you have a good bargaining tool to use against the creditor and a situation that creditor would prefer not to be looked at by a Judge. So they will/could be likely to come to a compromise (eventually) to avoid that happening. Depends on how much money we are talking about as to how much the creditor digs their heals in.


    You can use a major discrepancy in the agreement as leverage to get a better deal/full & final.. maybe a write off although that last one is tough to get and depends on how confident you are about your stance and what you want to try to achieve as well as the state of the legal issues currently of which i am no expert and i certainly haven't been watching very closely for a few months.


    In the first instance i would post up here your agreement (minus personal details) for others more in tune with these specific issues to view and give their opinion on. They might see other potentially helpful flaws to use against the creditor.


    In the mean time here are a couple of threads i have found with similar issues you might find useful to read through. Hope that's of some help.





  5. ah well it says 'placed' so its not been bought just passed for collection. No NOA as usual. in fact, i have hardly ever been given one of those so stopped asking a long time ago lol


    sorry, can't write more at the mo. Just sliced a big gash out of my finger with a massive kitchen knife so got it bandaged up and typing with one hand at the mo lol :D

  6. Hi BRW.. nice to see you.


    Thanks for the usual info. Haven't replied yet so i will certainly add that info and don't expect to hear from them again there after... probably. lol



    Thanks for the link and info. Just back online again now so will look into that with interest. :)

  7. Well looks like Amex' poodle didn't go away after all. (yawn yawn).


    Shall i bother with a reply.. hmm if i feel especially bored today i might:



  8. Any update Davey?


    hey smouk.. none whatsoever. Nothing. zilch. They gave up and i haven't heard another peep from Amex or their pond **** in quite a while. :D

  9. Well i never noticed 'ade potts' was an anagram for 'post date'. How naughty. If i had seen that i would have asked for documentary evidence that Ade was in fact an bona fide individual capable and authorised to speak for, and on behalf of, Cap1 and not a fictitious non-existent person. Could have had some fun with that.


    To be honest my battle with Cap1 seems such a long time ago and combined with the fact i am really not contacted or harassed by any creditor these days (they all gave up) that i am a little out of touch with legal proceedure and protocol to give sound advice on such matters.


    Pleased to see tho johnerog that you are getting good help from a nice bunch here.


    All i can say is that you have to constantly remind yourself that although you need to push and come across with a hard nosed front, you have to bare in mind that most Judges don't like debtors.. even when then debtors are in the right. And any defence/claim a debtor puts in should always be carefully worded to avoid being seen by said Judge as an attempt at a 'free ride' or 'avoiding your responsibilities'. Hard when you are in the right legally i know.


    Try "BRW"s threads on avoiding antagonising a Judge and also keep in mind that you don't actually have to win all on one day. If it even goes partially against the creditor and/or they cave in and back off then they will be much more likely to be in a conciliatory frame of mind and you will be able to negotiate further conditions (their total surrender) out of Court.

  10. Merry xmouse BBdoll, London & tortilla. Hope its a good time for all. Enjoy.


    tortilla.. i can't recall if they are in house.. don't 'think so'. I have run into them in the past though and can say they really don't give quite easily and don't have much in the way of staying power.


    Here's a few that ended with 'bye bye' westcot. I found the polite.. stupid but polite (generally.)





  11. All quiet here.. nothing new. Didn't here back from Scotcall and haven't had a peep from RBS or any of their DCA's bottom feeders.


    Suspect this will go statue barred one day and doubt i will even bother replying to anything else in the future (unless i am really bored and have nothing better to do!)


    Merry Christmas everybody! :)

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