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Posts posted by oscar52

  1. It is true I signed the application (as it is) and I dont deny having used the account or anything else. But I object to having the interest whacked up to a level that causes hardship (which is the crux of the entire arguement really).


    CCA was the only way to see if they had my agreement (or that I had agreed to the T&Cs to allow them to do this. Obviously, I didnt.


    Agree with the court issue, just wish to point out to FOS the irregularities of their arguement.

  2. an SAR would be useful to re enforce the lack of time


    if (as is very likely) it wasnt posted until next day (23) that would completly bugger up the timescales!!


    Thanks for the two posts - I will leave the SAR until after i get the next response from FOS.


    I agree with the the timescales for the DN - but it would have been deemed served on 24 (if posted 22nd) or (29/30 if posted any later only gives 11 clear days (taking away bank hols and non banking days).


    Then there is the arguement of delays because of the Christmas post

  3. Isnt the default after - or am I missing something?


    Remedy date was 09/01/09 (which was less than 14 days from service anyway) and default was 31/01/09.


    TY for link on defaults - not making a lot of sense at the moment, so will have another read tomorrow and see if it sinks in.

  4. More questions and further details.


    In my post above (default notice), from what I have read on here, this would appear to be invalid as it allowed insufficient time for remedy (12 days as apose to 14)


    I have been having a bit of a clear out of and found a statement from BOS (Marbles0 dated 17/03/09 - this caused me to look through the paper work I have.


    DN is dated 22/12/08 - this states the failure to make the minimum payments of X and that have exceeded credit limit by Y - they require payment of Y by 9/01/09 as this is greater than X. Further deatils also state that HFC will require the full payment of balance on the shown date.



    Default was registered on my credit file on 31/01/09.


    I then have a letter from BOS (dated 26/02/09) stating the next step will be to terminate my agreement.


    Further letter recived (dated 13/03/09) stating agreement has been terminated as on below post.


    Now I also have this statement (dated 17/03/09) - doe strhis indicate that the agreement wasnt terminated? And also, am I correct in thinking (from what I have read, or I may have misunderstood this) that the agreement should have been terminated before being registered with CRAs?

  5. Assuming the next letter sent (certainly next one received) was from 1st credit on 30/03.


    Have two or three letters from them, last one dated 23/04 (after my phone call to them) stating that thye had requetsed my credit agreement which would be sent in due course (still waiting) and that they didnt have to provide the Deed of Assignment (refering to S136 of Property of Law Act 1925) - I actually asked for the notice of assignment)

  6. I had a letter from HBOS (as they had now taken over the running of the account) threatening to do this on 26 Feb, stating thhis may be avoided by making a payment within 7 days.


    Then had letter dated 13 MArch stating that "the DN recently issued...... you have failed to make a repayment...... as a result, we have terminated your agreement and the card facility is withdrawn."


    Actually, I have just noticed - this letetr states that "failure to meet these demands (return of card etc) witihn 7 days will result in further details of the default being registered with CRAs" - this had already been done on 31/01

  7. When you say Marbles failed to send you your agreement, did you send a CCA request including the £1 ?


    Did you receive the Default Notice & was it served correctly?


    I receieved an "application form" - which looks the same as in wayoutneeded's post, excpet that one is much clearer (mine wont even scan)


    I am pretty sure I didnt recieve a default notice - actually, just checked - i did on 22/12/08 - states "this is a default notice served under S 87...." Have no idea if this was correctly served...



    debt then went inhouse to DLRS (Debt Litigation Recovery Service) before going to 1st Credit (18 March) who I asked for copy app and NoA in April - am still waiting

  8. Not too sure this is in the right place or not.


    One of the MSE / DFW lot said I would possibly get better advice here than on MSE.


    I wrote to FOS with regards to Marbles and their failure under CCA to provide an agreement - a route taken as Marbles refused to help me when I stated i was struggling (actually told me they couldnt help until I was in arrears, then when I was, was told I needed to be up to date)


    Anyway, letter is below - can raise some points myself, but would be grateful for any advice or direction.


    Page 1

    Page 2

    Page 3


    Thanks in advance.

  9. Hope someone can help me - I am fairly rubbish at searching forums.


    I have just recieved my Credit file - on it is a default from Halifax Re my HFC/MArbles card.


    I gave them a quick call - got the usual we will not deal your accout has been passed over to blah blah blah.


    My complaint with FOS has still not been resolved.


    Are there any letters I can send to Halifax and/or First Credit - one to dispute the default, and second to ask for the default notice and notice of assignment (neither of which I seem to have recieved)


    Secondly, should I also cc in the OFT and FOS (and hope for a reply from either HBOS and / or First Credit?

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