I am aware of the value - it states that on the letter from yesterday. However, have never had a notice of assignment.

Not been on here in a little while.

This has now been passed to 1st credit - who have sent the usual letters with usual "threats".

Have spoken to them a couple of times, just to advise that there is a complaint with FOS, and they shouldnt even have this.

Have recently (over the phone) requested my CCA and NOA. Letter receieved today states that they have requested my CCA from HFC (so have i 4 times, still havnt had anything other than an app form:rolleyes:)

And also stated, they didnt have to send the deed of assignment due to law of property act 1925 (maybe not, but i still have to have the notice).

Any advice on the letters I should send them. assuming i dont not acknowedledge letter - but what about the NoA.?

Receved a Final Demand today from HFC saying they are passing the account to their Litigation Dept or an external DCA. I have 7 days to respond.

DLRS/marbles sent me a letter lsat week offering a 40% reduction. Week before they were threatening court action.

Ah right. Fair enough

(doesnt appear to have moved though lol)

Thank you for your reply '

My post has apparently been edited, (according to a PM i received) but I cant see it.

I appreciate what you say about phone calls and know its correct. As i said, Mondays call was curiosity, Wednesdays, more of "go away and dont annoy me - ps do you have all the legal docments)

A letter will be going to them tomorrow, just to clarify everything and advise them of their responsibilities (and those they have already breached)

No - only reason I got the information from them is beacuse I questioned, as they had sold my account, how could they enforce THEIR Ts&Cs.

I have just read the entire 10 pages of this thread, and very informative it is too.

Looks like I have a long way to go with my complaint/ CCA with HFC as only started in June 08!

I have just created a new post fro my Marbles CCA dispute (which the DCA collecting in breach of OFT guidelines) before i spotted this.

My "agreement" looks similar to the one on page one, an application form - which HFC is valid as it states "agreement", but as someone on MSE/DFW told me, "it says oxo on some buses, but you cant make gravy from one)

I too have had the letters re Aviemore - the response I had (last one) simply stated (in about 3 pages) that although my account had been sold in June, they were continuing to administer them until Feb, when the details would be passed to RBS

Firstly, I apologise if this is in the wrong place, please feel free to move as necesarry.

Second, I know I havnt been here for some time (am regularly on MSE/DFW), but would appreciate some help please.

Some time ago (June 08) I asked Marbles for help as was struggling to pay (due to their 34.9% int rate) which they refused unless I filled in an I&E form - i advised this would cost me my job

I then asked them for my CCA (mid june) which they failed to provide (just a badly scanned app form with no prescribed terms) on several occasions.

I stopped paying them (rightly or wrongly) end of Aug 08 as they were in default. HFC continued to call, but not very often as I just kept reiterating my request and advsing them of their legal obligations. In November, I filed a complaint with FOS for their non compliance (although I am aware FOS has limited powers in this instance)

On 17th Jan I recieved a letter from Debt Litigation and Recovery Services (DLRS). I have called them twice (although not always best) Monday and Today, Mondays call was brief (was respondiong to a call to my mobile - message wasnt clear so wasnt sure who it was) Todays call was more in depth - why arnt you paying? Have you just racked this up and cant be bothered.

Anyway, advised them quickly that the above wasnt the case, have they got the CCA and deed of assignment which are required (sarcastic answer of not personally but the company has) and also advised them of FOS complaint/dispute which was responded to with "i think i'll advise our solicitors to instigate court action"

I am quite happy to go to court, but would appreciate some advice prior to it getting to that stage. I am aware of some of their obligations (probably not all) and am also aware that DLRS should not be collecting an account in dispute.

Sorry for the long post, Any advice is greatfully received.

Thanks

I too have problems with Natwest / RBS group.

I have just been pointed across here from MSE / DFW boards.

I sent my letter to Natwest 26 September. The responded today (dated 31 OCt) so well outside the guidlines. I gave them a quick ring and was told that what they supplied was all they needed to.

I informed them I was well aware of their responsibilities as I worked for the largest credit card company in the country (which i do)

The response then was "you will have to write in" The only plus point in the call was that the person I spoke to agreed the "previous" T&Cs (which are rather generic and refer to numerous cards) were very difficult to read.

Second letter going in the post tomorrow!

No, not in any hurry. No legal action started. Timescale was just a query

Take it i am better requesting a full SAR then - But doesnt that give them 40 days rather than the 12+2 (+30) allowed under s77/78?

Thanks for that. Reason I ask is i am considering asking Marbles for my copy, given the current problems I am having with them. Basically told them I couldnt afford the interest they were charging me (after they put it up) - they response was pretty much - "tough, we can do what we like"

Given the long post I have just read on Marbles here, I think I may well send a letter off to them tonight, as well as my letter to Barclays to get my bank charges back - havnt lost any yet as was a student account, but its coming close!

Will post my new threads up soon!

Its been a while since I was last here, but have just had a browse around and came across a post that interested me - particularly one comment by a mod Rory32?

Re: Is My Agreement Enforceable - Useful

Quote:

The letter states that LLoyds have NO copy of the agreement

No copy of the agreement = no enforceable debt. Without a copy of the agreement the account can not be enforced even in a court of law (s127 of the Act).

Have a read here to find out how to start a new thread and lots more "How do I...?" A Dummies' Guide to this Forum

Reason I ask is I know for many HBOS acconts that have been taken over by MBNA, the above doesnt exist!! MBNA seem to "get round it" by providing the "current prescribed term" and various other stuff. Cant remember all the stuff they send, or how their letters are worded. Only reason I ask is, and dont shoot me! but I work there and am sure certain managers are telling us bull plop

DOH!! - thanks

Looked in and around the stickies, but cant see it for looking. Someone point me in the right direction?

Thanks

The charge off basically means you no longer owe money to barclaycard - they have written the debt off so to speak. However, the company that bought the debt will now chase you, although they still need to provide you with the CCA agreement.

waited 40 days? I waited 77!!!! This is what led them to say they had informed the commissioner they were having problems due to volumes (apparently) - I was fairly sure this was bulllplop given I work for MBNA (please dont hurt me!) I think I will be writing back to them.

Does anyone happen to know about the other stuff I mentioned?

Quick question that I need clarifying please.

I phoned B'card in their complaints dept in Manchester, who among other things, told me they had given a level of dispensation from the ICO due to the number of complaints they were recieving. I am sure this isnt right, but cant find any info. Also this person stated that they had successfully defended (when??!!) as had citi cards (other than N Ireland?)

Oh, and apparently, their decision to reduce my credit limit has nothing to do with me claiming charges and is due to tthe "economic climate"

Any advice please ? (other than of how to get rid of the funny smell)

Recieved letter from James Ball this morning. They dont agree with the OFT, and the ruling doesnt affect previuos charges (eh?) so they WONT be giving me a refund. Severla people here seem to have had a good response by calling him - is it worth a shot before sending an LBA?)

thanks paul, think what i will do is, when I reply to claim my charges, I will add a paragraph at the end stating my disgust at the shear disregard of the DPA - and forward a copy to the ICO.

Do you think it is reasonable to suggest that B'card pay me compensation for this breach.

..... on day 77 (yes, thats not a typo, seventy seven is what you see)

Apparently, they have provided the micro fiche statements "as a gesture of goodwill" as "the fall outside the realm of the DPA" - really? Havnt they already lost on this point?

Anyway, quick skim revelas £150 charges - however, should I point out the errors (or lies i should really say) on their letter, and should I add compensation (say £50) for having to chase them due to their TOTAL disregard of the timescales (i didnt complain to the IOC after day 40, but assuming I did they are still 9 days late)

Think this letter will be going off quick smart Thursday morning (once i have had time to take a detailed look at the statements)

You will probably (I did, and I know others too) get a letter on Tuesday lke most have had saying they are busy, they have had lots of requests blah blah blah blah ......

I havnt had the second letter (i didnt reply to the first TBH) but when I called Whalley (who was quite suprised) i did get all the fob off regarding "due you know how many customers..." "do you realise..." blah blah blah.

However I still havnt had them (and Monday will be 54 days), so i can see three options -

1. Wait a bit longer

2. Second in a nasty letter (which given the previous post probably wont do squat)

3. (and this sounds best to me) Just make up a figure - ie "I beleive i have payed £X charges in last 6 years which I would like refunding, also, I would like to claim an amount of compensation, which i shall leave at your discretion for the blatant disregard of the DPA"

This last point - I know they "say" they have informed the commissioner blah blah blah, but they aint the only bank to have this up against them, and they have manged quite well.

A cheque has been cashed - but im not sure by who (i forgot to note the cheque stub:( ) I think this may have well been by barclaycard - who havnt provided me with statements yet (and its just turned past 40 days) but have been inundated with requests, have notified the commissioner and i will get them shortly.

Basically - i think it is barclay card that have cashed the cheque, but am unable to verify.