Trying to get control

[CourtOfficerSpeaks]

Deleted

[OLIVE.FAMILY]

Can anybody tell me what is the best ay to pay the £1 for a CCA. I was thinking by cheque but I seem to recall somebody saying not to give them your real signature. So do you think a Poastal Order would be best ??

[honey5]

i sent postal orders, as they dont contain your signature

(nor for that matter any bank detail as does a cheque)

subbing to your thread too, wishing you all the very best

honey x

[OLIVE.FAMILY]

Brill. thankyou Honey5

 

All the best

Olives

[Lula]

Yep, honey is right, Postal Order and keep the stub so it is trackable

[OLIVE.FAMILY]

Well thats it then. All are now in the post recorded delivery. Now I just have to wait.

 

That is going to be really difficult as I am actually very excited now. I have found a handful of statements(it is amazing how eager I am now to open these after being scared of them for sooo long)and they already add up to half of the debts of each thing so its already looking good.

 

I think its now gonna be a long wait8-)

[Hopeful1]

You know what they say - all good things come to those who wait!!

[OLIVE.FAMILY]

UPDATE

 

Sent SARs by recorded delivery all with £10 cheques (hoping they dont all decide to cash them)

 

That was on the 19th February. Spoke to my bank today and one of them have presented the cheque already. Didnt take them long did it. Not sure who it was yet but things are moving.

 

Very excited now

[OLIVE.FAMILY]

Latest Update

 

As I said in the last post I have sent the SARs off. 4 have so far cashed the cheques (bummer). I had a letter from Next to say they had received the request and the same from Littlwoods. This was last week.

 

Yesterday I got a phone call from the delightful company that we all love Robinson Way. I told them that the debt is now in dispute with Next and they have written to confirm that. So untill I have had what I have requseted I will not be paying anything and from now on will only discus this in writing. The advisor from RW actually took this(first time ever must be new)

 

Today I got two letters

One from a company called Bryan Carter & Co solicitors who now seem to be dealing with my Littlewoods account

 

Now apart from the usual you must pay in the next seven days I got an unusual bit at the end of the letter saying

 

"If you dispute liabillity for this debt please state your reasons in writing and supply us with documents in supportof your defence to any claim. If you fail to notify us of any potential dispute prior to issue of proceedings and you subsequently file a defence to any claim we reserve the right to show this letter to the District Judge or Sheriff. To prevent any action being taken please telephone Fredrickson International."

 

Now I should also say that at the top of the letter it said

Re: Phoenix Recoveries(uk) Ltd S.a.r.l Balance £****

 

So who is running this debt Phoenix recoveries, Bryan Carter solicitors or Fredrickson International. Also this is obviously a reply from the SAR i sent aswell.

 

Also a company called Cabot Financial has my Littlwoods Visa card debt as they have bought the account from Barclaycard. Again that was a very good response from them for my SAR letter.

 

Has anyboy dealt with these guys and know how they play. Any advice would be very much appreciated

 

Regards

[OLIVE.FAMILY]

Yipee !!

I have started to get the statements from various people. I will tell you each of them as I am unsure what I can ask for back.

 

Littlewoods Visa (barclaycard). I owe £371 Charges £485

 

This is the total including interest and the full £20 charge and not the difference between £20 and £12. I have also included the £12 charges aswell. Basicly everything. What do we think my chances are.?

 

Littlewoods catalogue I owe £500 Charges £250

PPI £472.68

 

This is not including any interest as I dint know how much to charge them. The PPI was mis sold as I have just looked at the policy online and although I was self employed at the time I didnt work 16 hours a week so when Ii took the policy to cover the payments if unemployed I wouldnt have actually been able to claim.

What interest do I charge (if any)??

 

Littlewoods LX I owe £0.00 Charges £265

 

Again this is without interest .

 

Capital One Hubby owes £300 Charges £1136.85

 

This is with 8% int charged on all fees £20 and £12.

Has anybody claimed from these guys and if so what did you get them to agree to. This isnt including PPI. I havent worked that out yet. To be honest it is only like about £2 amonth for about 5 years so it aint gonna be that much

 

That is it so far. Next has started sending me statements two at a time it seems but i dont think it looks like they have been chargeing late payment fees. Again has anybody else claimed from these. ??

 

It is looking prety good though. My aim is to clear all the little debts which will leave me with two big ones that I will have to do Debt management with so I am hopefully gonna be very happy.

[lickthewallfatboy]

I think you're looking up there!!

[OLIVE.FAMILY]

Thanx. Do you think I should go for interest ???

[OLIVE.FAMILY]

Sent the letters of today to request money so again it is a waiting game. I have a feeling they are all gonna get rejected as life is never that fair(if it was i wouldnt be in this mess)

 

I have decided to sack my bank as well now. I got into a spot of bother last month asked to extend my overdraft and they decided a loan thing would be better. It took weeks to sort when I got told it would only take 1 week. DDs got bounced and charges spiralled. In the end we agreed to extend my overdraft which took 2 days to sort but they want to decrease it my £80 a month.

Dream on. I am now trying to shut the account before Thursady(first payment expected) as I have opened a new account without over draft. So the other guys can sit in queue and wait for Debt Management untill such a time that we can start the bank charges again.

[Hopeful1]

Hi Olive. I'm glad you are starting to get your info. I haven't had to claim from Cap 1 but i have reclaimed from Egg and MBNA - I reclaimed all charges plus interest. I did use FOS for the Egg claim in the end as it had reached a stale mate and i didn't want to go down the court route.

[OLIVE.FAMILY]

Just got a reply this morning from Littlewoods about Extra care Advantage. Looks like it could be the usual BOGOF letter. I started a new thread about this one though as i think I may of got them on one point. Thread is http://www.consumeractiongroup.co.uk/forum/general-debt-issues/136661-littlewoods-say-no.html

 

in case any one wants to take a peek. Will post again when I have decided what to do on this one

 

Olives

[OLIVE.FAMILY]

I received an offer today from Barclaycard. It was for £120. Well it wasn't even an offer they said that they were deducting £120 from the debt. The thing is £120 is the difference between £12 and £20 without interest. I actually asked for £485 which wa full charges and interest but to be honest i was gonna accept £405 which is just charges as this would have cleared the debt altogether.

 

So two questions what do you think my chances are (should I go for the lot) and if i do go for it has anybody got a template

 

I must admit I was a bit surprised as I got a call from Cabot who have bought the account from Barclaycard and they gave me the impression that they would also help me. This is a bit out of character for a DCA isn't it ????

[tomterm8]

Most DCA's will accept a 60% F&FS offer anyway, so in reality they would knock 40% off even if you owe the money for a quick payment.

 

personally, I would continue fighting, but it IS a risk. If you continue, the OFT might lose the test case, in which case you will owe the entire money.

 

It's your choice. Personally, I would fight for all the charges back, plus interest.

[OLIVE.FAMILY]

Hi

I havent been around for a while due to school hols and ill kids.

Anyway thanks tomtem8 for the last reply.

 

I have also had replies from the late payment charges and PPI from littlewoods. They say no and they say I cant go to FOS as when I opened accounts they were not part of a complaints group so FOS will just turn me away. Is this true.

 

Does any body know of a template I can alter to suit to appeal there decision as I am going to fight as these charges will clear the account and give me a little pocket money.

 

Regards

Olive

[OLIVE.FAMILY]

Latest update

 

Barclaycard aka littlewoods visa: Firstly sent me a letter after a request of charges saying the will pay £129.60. That was the difference between £12 and £20. I decided to take the plunge and sent he standard bogof letter. Got a letter today saying as a gesture of goodwill they will pay £311.04. So that is that card cleared with some left over.

 

One down and several more to go

 

Will post any further developments from the others.

 

It stands at the mo

 

Hubbys Bank of Scotland prefernce: Didnt reply yo first SAR but cashed the money. Sent them a little reminder.

 

Cap1: asked for money back waiting reply they still have a few days left

 

L/W catolouges: replied with a no and as they were not part of a disput gropu then we cant do anyhting I sent them a reply saying that I was not complaining in 2006 I am complaining now letter so I am waiting for a reply from that.

 

Next and Additions have been sent a CCA so waiting for a reply

 

Choices: I have SARed Moorcroft as they reckon they are adding charges as well so will wait and see what they have to say.

 

 

Olives xx

[OLIVE.FAMILY]

Hello again

 

I received a reply from Next Directory with regards to theCCA i sent them. It is as follows

 

Dear Mrs****

 

Unfortunately, we do not hold a copy of the signed credit agreement, however please find enclosed a true copy of the credit agreement. We are satisfied that this meets with our obligations under section 78 of the consumer credit act.

 

The correct interpretation as to "copy" requires reference to Section 189(for the definition of copy) and secondly to section 180 relating to the Consumer Credit (Cancellation Notices and Copies of Documnets) Regulations 1983(the Regulations). Looking at section 3 (1) of the Regulations it is clear that "...every copy of an executed agreement.. shall be a true copy thereof..". Section 3(2) confirms that a "true copy" need not include the items listed at sub sections(a) to (d), as applicable.

 

Of particular relevance are subsections (a) and (b). These two sections confirm that(1) non-statutory information included for the creditiors own benefit and (ii) signature boxes need not be included in the true copy. Based on this analysis it is accepted as a matter of goodlaw that a "copy"for the purposes of section 78 need not be an exact copy or photocopy, as long as the true copy provided contains every material provision of the agreement signed.

 

In light of this, and in the absence of any eveidence to suggest that the account holder did not order and/or receive the goods delivered, a default entry has been made on your credit refernce file. Having said this, I can confirm that as full payment as been received in respect of this debt, your credit file does show the debt as satisfied

 

 

Yours sincerely

 

[EDIT]

 

Now I have typed this out word for word(including the typo in the second from last line "as been received in "). I have not paid this account so where did they work out that full payment has been received. Does this mean that a DCA has bought the debt from them as it has been with various DCAs for some time now. Or have they just written it off ?????

 

 

Olives xx

Edited July 21, 2008 by alanfromderby

[OLIVE.FAMILY]

Well what can I say. Thses guys change there mind very quickly.

 

I received a letter today from Next which goes as follows

 

We have previously supplied you with or please find enclosed a true copy of the credit agreement. We are satisfied that this meets with our obligations under Section 78 of the consumer credit act.

 

The correct interpretation as to "copy" requires reference to Section 189(for the definition of copy) and secondly to section 180 relating to the Consumer Credit (Cancellation Notices and Copies of Documnets) Regulations 1983(the Regulations). Looking at section 3 (1) of the Regulations it is clear that "...every copy of an executed agreement.. shall be a true copy thereof..". Section 3(2) confirms that a "true copy" need not include the items listed at sub sections(a) to (d), as applicable.

 

Of particular relevance are subsections (a) and (b). These two sections confirm that(1) non-statutory information included for the creditiors own benefit and (ii) signature boxes need not be included in the true copy. Based on this analysis it is accepted as a matter of goodlaw that a "copy"for the purposes of section 78 need not be an exact copy or photocopy, as long as the true copy provided contains every material provision of the agreement signed.

 

in light of this, and in the absence of any evidence to suggest that the account holder did not order and/or receive the goods delivered, Next will continue to seek Payment of the balance £XXX owed by the account holder.

 

A default entry will therefore be made on the credit refernce file, which may affect the ability to obtain credit in the future. Making payments to clear the balance will enable the credit files to show as satisfied

 

Yours sincerely

 

Danny Coulton

Collections administrator

 

 

Ok so what is to be. One department said the debt has been paid in full so it is satisfied and the other say they are still chasing me for it.

 

Any feedback as to what to say to them next will be useful. I was expecting to send them a This acccount is in dispute until they surprised me with the first letter.

 

Olives

[Hopeful1]

I would write an extremely simple letter thanking them for their response and then ask them if they can simply confirm whether or not they have a true copy of the executed agreement.

 

These people waste so much time.