court action date

[Robot_roo]

Hi, Have posted off my letter template and have included a postal order for £1.00, Although now I have posted it I think I wrote out the postal order putting brian, instead of Bryan carter, hope this does not delay things, I did send it recorded post, do you think they will still cash it ok?

[ukaviator]

I think it will be ok, too late to do anything now anyway ..

[Robot_roo]

Want to say a really big thankyou for helping get started, I must admit it is scarey waiting for a relply now, but it feels better to be doing the right thing and not just hiding!!

when I say i put brian I mean Brian carter so its only spelled with one letter wrong so hoping there wont be too much fuss about it!

What happens next when i get the reply should I let you know?

I have been reading all the posts on this forum and its fascinating to see so many people coming together and helping each other!! The story of the guy who started the ball rolling is really amazing, I have had the same problems with abbey too, Wish I was bright enough to have done that!!

[fuzzybobble]

Sometimes they send the postal order back anyway. It's their way of trying to say, they'e not covered by the CCA '74 when they fail to comply with your request. They are totally wrong of course.

 

I send blank postal orders, then when they send them back I can use them again. One postal orderof mine has been to 4 DCA's now. I have it framed on the wall as it's now over 6 months old and cannot be cashed. However I may send it to another DCA anyway. Just out of spite.

 

What to do next depends on if they comply with the CCA request or not. They may produce sometime. But it may not be enforceable. So best to post scans of the documents on here with personal details removed, so the experts can tell you if it's enforceble or not.

 

If they fail to produce anything, they'll probably after a couple of weeks resume the threats of court, etc if you don't pay them something. Then you send them the Formal complaint letter. When the time comes I'll dig out a suitable letter for you to send to them.

 

For now, it' a waiting game.

[Robot_roo]

could I ask another question about a different matter? Im not sure if there is a limit to how many I should ask and I dont want to push my luck with all you peeps on here as I really dont feel I have any knowledge to pass on! I just wanted to ask about my experience with abbey, A couple of yours ago I was earning a good wage they gave me a £1250 overdraft facility and then my cicumstances changed and i ended up on single parent benefit( im a single dad with 12 year old daughter). I was really struggling and they sent me a letter to say I had six weeks to payback my overdraft, unfortunatley I did not notice the letter until they withdrew the over draft and my account was £1200 pounds overdrawn, I had to call the benfits people in a rush and change my bank account to yorkshire as i was worried we would have no money to live on. I called abbey and asked why my overdraft had been removed and they said it was because it only lasts 12 months and when they reviewed it, my circumstances had changed and that was it. It was only 3 weeks before christmas and the woman was rude to me i was really fuming inside and i told her they will never get a penny for treating me like this, I was with abbey for about 15 years, They also took lots of charges over the last 12 months of the account been open which seemed to be costing me about 120 per month, when i asked about these charges they gave me the overdraft facility bit at a time and then i just seemed to be always paying them!Does anyone have anyadvice on this? I have still not payed them a penny, Im still really hurt and angry about the way they dropped me in the lurch!!

[Robot_roo]

sorry this is so long it was hard to explain

[KER]

Do you have a catalogue account? Littlewoods/Kays etc? Phoenix is usually them and then sold on to Fredericksons/Bryan Carter!

[Robot_roo]

Do you have a catalogue account? Littlewoods/Kays etc? Phoenix is usually them and then sold on to Fredericksons/Bryan Carter!

Hi yes I had a catologue account too, when i lost my job it all went backwards and everything really spireled out of control, I was hanging on by my fingertips but then I just gave up and never bothered answering the phone and would not dare look at my post.

[KER]

Hi yes I had a catologue account too, when i lost my job it all went backwards and everything really spireled out of control, I was hanging on by my fingertips but then I just gave up and never bothered answering the phone and would not dare look at my post.

 

That's most likely Phoenix s.a.r.l then.

 

 

Don't worry about the post anymore, get those CCA's off and relax until such time as they send you something back. Of course the ideal is when they tell you there is no agreement... I keep those letters VERY VERY safe - they are worth a few thousand pounds in a couple of cases

 

I love waiting for the post these days, and get so disappointed when I don't have any letters :grin: I think there are a few on this site who feel the same. Once you actually KNOW your rights it becomes a whole different ball game

[Robot_roo]

Thanks kyr! i'm going to try and not worry about the post! Also I noticed the bank part of this forum last night and i'm going to start the ball rolling to get all my charges back.

[Robot_roo]

Just had a phone call that I did not know the number of and answered it! I have not done that for months!! It turned out to be a dca for my citi card, which i have been hiding from for about 2 years!! I gave them my current address and said could they please send me a letter and he said yes we will be sending you a couple of letters and then phoning you again, I said no need to, i will be dealing with this as soon as i get a letter from you!! This forum has been such a big help to me!!

[KER]

Just had a phone call that I did not know the number of and answered it! I have not done that for months!! It turned out to be a dca for my citi card, which i have been hiding from for about 2 years!! I gave them my current address and said could they please send me a letter and he said yes we will be sending you a couple of letters and then phoning you again, I said no need to, i will be dealing with this as soon as i get a letter from you!! This forum has been such a big help to me!!

 

 

You see, once you KNOW your rights it becomes a whole different ball game doesn't it

 

I told you you would find you won't be afraid of anything anymore (and what did I say about looking forward to those letters arriving... I bet you'll be checking the post every day now! )

[fuzzybobble]

could I ask another question about a different matter? Im not sure if there is a limit to how many I should ask and I dont want to push my luck with all you peeps on here as I really dont feel I have any knowledge to pass on! I just wanted to ask about my experience with abbey, A couple of yours ago I was earning a good wage they gave me a £1250 overdraft facility and then my cicumstances changed and i ended up on single parent benefit( im a single dad with 12 year old daughter). I was really struggling and they sent me a letter to say I had six weeks to payback my overdraft, unfortunatley I did not notice the letter until they withdrew the over draft and my account was £1200 pounds overdrawn, I had to call the benfits people in a rush and change my bank account to yorkshire as i was worried we would have no money to live on. I called abbey and asked why my overdraft had been removed and they said it was because it only lasts 12 months and when they reviewed it, my circumstances had changed and that was it. It was only 3 weeks before christmas and the woman was rude to me i was really fuming inside and i told her they will never get a penny for treating me like this, I was with abbey for about 15 years, They also took lots of charges over the last 12 months of the account been open which seemed to be costing me about 120 per month, when i asked about these charges they gave me the overdraft facility bit at a time and then i just seemed to be always paying them!Does anyone have anyadvice on this? I have still not payed them a penny, Im still really hurt and angry about the way they dropped me in the lurch!!

 

Abbey did this on me. I had an overdraft, got made redundant, and they hit me for £800 in charges in less then 2 months. Got a court claim stayed for a total of £1350 and it's earning me 8% interest + costs. Will be a big party when they have to pay me that lot back.

 

Send Abbey a S.A.R - (Subject Access Request), then you can add up all those charges they added over the last 6 years. Chances are they'll probably be more than the overdraft. Throw the account in dispute and ask for the charges back. They'll refuse and give you some excuses. Then send the letter before action, then 14 days later file the N1 court form. Then sit back and wait for the OFT to sort things out over the next few months.

All the template letters are in the bank charges sections of the forum.

 

As you're on benefits, it's worth filling in the court form so you don't have to pay court fees.

[Robot_roo]

Hi kyr, yes I have been reading the posts on here like mad!! I'm starting to feel much better about it all and hoping to start dealing with eveything.

 

Fuzzybobble I have been reading the bank charges forum like mad too and am just starting to get my head round what i have to do. I am back at work now, but im a construction site manager and things are looking pretty scary in the building trade right now so I may end up back on benefits fairly soon, I really hope I dont, but there are so many layoffs at the mo, its a big possibility.

[Robot_roo]

Hi again, I just called 1st direct, as I have not had their letter they said they would send, They said they had sent it out, they have been posting their letters to the wrong address! I went round there and got the letters, they sent me, after I told them my address. The woman on the phone was really threatening!! i just kept telling her to send me a letter so I can deal with this matter and she was getting more and more Irate!!! It was so nice to hear her getting all angry and fustrated( it makes a change to be that way round!). I just stuck to my guns and stayed polite and said what I wanted so I could deal with the matter. She terminated the phone call on me and said she was going to start legal proceedings! I only asked if the letter had gone to the correct address and that I would deal with it as soon as it came!!

kyr you were so right about it!!!!

Not sure if I should ask for the cca yet as they keep sending stuff to the wrong place, although the woman at the house they are sending them too, was really helpfull and said she would give me a call if she got anymore, its on the next street to me.

I'm really tempted to harrass them for a letter!!!

[Robot_roo]

sent off a cca to 1st credit today, it really makes me feel better using the advice from this forum, I almost feel human again!!

[fuzzybobble]

Good to hear it. Soon you'll be like me and actually look forward to DCA phone calls and letters.

 

The "Cheekiness to DCA's" thread on here is the place to find out more. 100 pages and a 5 hour read, but makes you realise that DCA's are nothing to be scared of.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html

 

Click the link if you have 5 hours to spare and don't mind sore ribs from laughing. (also cling film your monitor and keyboard if you plan on drinking wine or beer whilst reading. The thread has been responsible for a few ruined keyboards and monitors, due to drinks been spilt/spat on them.)

[Robot_roo]

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/131409-cheekiness-towards-dca.html

 

Click the link if you have 5 hours to spare and don't mind sore ribs from laughing. (also cling film your monitor and keyboard if you plan on drinking wine or beer whilst reading. The thread has been responsible for a few ruined keyboards and monitors, due to drinks been spilt/spat on them.)

 

thanks fuzzybobble I'm going to start on it tonight!!

[Robot_roo]

Just got a letter from mackenzie hall, its from an old capital one card, they have given me a full and final figure of £203.26 and have till 11th of september to pay it. Its been a while since i had this debt and have not sent for a cca about this. should I still send for a cca? The full figure was £508. If I offered to pay it could I get all capital ones defaults removed by them? And would any of their dca's have put defaults on too?

Also if I went for the cca route would the offer still stand?

[Robot_roo]

actually i think this debt might have been about 8 or 9 years ago!! should I even bother? The trouble with hiding my head in the sand for so long, I cant even remember who I owe anymore!!!!

[Robot_roo]

gosh, I just rang them it was 6th novenber 2001!! No wonder I could not remember!!!

[KER]

when was the last time you paid/acknowledged it? you might get away with it being statute barred if it was from that long ago!

[Robot_roo]

when was the last time you paid/acknowledged it? you might get away with it being statute barred if it was from that long ago!

 

Hi kyr, great to hear from you again.

Im not really sure, it was definately a long time ago as it was around the time of my divorce and i just went into giving up on everything phase!!

How can I find out? should I call them and ask?

[Robot_roo]

I could not resist! I have rung them, The woman on the phone said she is very sorry but they have no information about the account at all, All they could suggest is that they give me the number of the capital one card and I ring them and find out!! They asked me if I could call them back when I have sorted it out!!!

[KER]

Perhaps send them "I do not acknowledge the debt" and S.A.R them.. might cost £10, but at least then you'll have all the info and can possibly argue the statute barred angle properly?

 

Others with more experience may be able to advise differently of course