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    • good idea take some pix and put them in a PDF read UPLOAD dx
    • thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
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    • Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
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Davey vs Amex


davey77
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Anyone have any thoughts of what would be accepted by the CRAs as a Notice of Correction. I understand they are restrictive on the wording you can use (to cover themselves i should imagine).

 

I have two possibilities. One softer than the other.

 

What i would prefer:

 

"Account in dispute. Failure to supply properly executed and enforceable credit card agreement conforming fully to Consumer Credit Act 1974 requirements - Legal action being considered to resolve dispute."

 

Or the tame version:

 

"Account in dispute. It is my belief the credit agreement pertaining to this account does not conform to the CCA1974. Negotiations underway to resolve issues."

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hello Davey77!

 

How about the one you would prefer with some knobs, bells and tinsel:

 

Account in serious and valid legal dispute owing to a complete failure to produce either a properly executed Regulated Credit Card Agreement in full compliance with The Consumer Credit Act 1974, or a valid data consent in full compliance with The Data Protection Act 1998.
Cheers,

BRW

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Hello Davey77!

 

How about the one you would prefer with some knobs, bells and tinsel:

 

Cheers,

BRW

 

Oh yes! I like that. Thanks. ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Are you going to write back to Julie and say she appears not to have read your paragraph asking about securitisation?

 

DD

 

I will leave it a couple of weeks for the moment to see if anything else arrives. By then the SAR will be in the post.

 

I consider their last response not to be a valid reply to my letter so am pretty much ignoring it for the moment. My view is they have not replied so if and when i do write again i will ignore the content of that letter as if they hadn't written to me at all.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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If that works I'm knicking it :p:p:p

 

Cheers..

 

S.

 

lol ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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So much for the LBA then if this means what i think it means:

 

Judge freezes credit claims

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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IMG-1.jpg

IMG_0001.jpg

 

IMG_0004.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Morning Davey,

 

Well Julie's letter said it was their final response, and that response was to ignore the points raised in your letter, and they sent this the following day. If they are just not answering perfectly valid questions I think you have to go to the FOS.

 

I sent a reminder to them this week as I have had no response at all.

 

DD

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Morning DD...

 

My plan is to send a SAR. Quite a specific and detailed one including a request for information regarding their securitisation.

 

Nope not the FOS for this one.. been there, done that... got the t-shirt. They will not help re a CCA complaint. In fact they will only make matters worse. I'm avoiding the biased and ex-banker infiltrated FOS:

http://www.consumeractiongroup.co.uk/forum/general/183738-why-does-fos-take-2.html#post2016037

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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They can, sometimes, be helpful. It's a very long wait and like reallymadwomen you have to do a lot of work to help them out. Complaints re other matters including PPI may have a better chance of success but a complaint re valid agreements don't stand a chance.

 

They make matters worse because the Creditor use the opinion of the FOS employee against us later. The CPR letter i sent to HFC at the beginning of this year was responded to with "i understand the FOS decision last year was unfavourable to you". In point of fact, that was one adjudicator that was neutral in his stance but HFC tried to use that to ignore the issues i was raising.

 

Also, during Cap1 mediation they refused to compromise stating "the previous FOS decision backs up our position (re validity of the 'agreement').

 

So all in all i wish i hadn't gone to the FOS and waited 9 months for them to give the creditor more unfounded and false ammunition to use against me.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Thank you so much for that Davey. That is very useful info. I have tipped your scales. :)

 

DD

 

Thanks! :-D

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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  • 2 weeks later...
Amex-10.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Experian Consumer Help Service:

 

Dear Mr Davey

 

Thank you for your email, which we received on 07 May 2009.

 

Re: Notice of Correction Request

 

Thank you for sending us your Notice of Correction. I cannot add this as is may defame the companies you are referring too.

 

WHAT I HAVE DONE FOR YOU:

 

- I have changed the wording a little and would like you to consider using this instead.

 

"ACCOUNT IN SERIOUS AND VALID LEGAL DISPUTE OWING TO WHAT I BELIEVE TO BE A COMPLETE FAILURE TO PRODUCE EITHER A PROPERLY EXECUTED REGULATED CREDIT CARD AGREEMENT IN FULL COMPLIANCE WITH THE CONSUMER CREDIT ACT 1974, OR A VALID DATA CONSENT IN FULL COMPLIANCE WITH THE DATA PROTECTION ACT 1998. MR 'davey."

 

 

WHAT I RECOMMEND YOU DO NEXT:

 

- Please let me know in writing or by return email whether you are happy with this.

 

 

FURTHER INFORMATION:

 

- You might like to use a different statement of your own. However, if you still want me to use your original statement, please let me know and I will send it to the Information Commissioner for a ruling.

 

Kind regards

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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AmexDefault.jpg

AmexDefault_0001.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hmm, they didnt give you much time from their politish request on the 17th to the issue of the DN on the 19th did they ?..

 

So in what way were you defaming companies, Davey ?. It is of course ok for the company in question to defame you by reporting without consent / CCA ?

 

Are you going to go with their version ?

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Another duff Default Notice from Amex, not allowing you 14 clear days from date of service. The termination/cancellation should arrive in about 5 weeks if they are true to form.

 

Alan

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Hi CB, no they are moving fast on this one.. scared of me probably!

 

The difference for the notice of correction is in the addition of the word 'I believe'.

 

"ACCOUNT IN SERIOUS AND VALID LEGAL DISPUTE OWING TO WHAT I BELIEVE TO BE A COMPLETE FAILURE etc...."

 

A statement of belief rather than a statement of fact. I can live with that to be honest. ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hello Davey77!

 

A statement of belief rather than a statement of fact.
I'd stick with the original statement of fact!

 

If the Debt Industry poodles at the CRA send it to the ICO for a ruling, that could be interesting if only to hear what they say. If you have the evidence, then I can't see what the ICO would have to complain about...although the most likely is they will side with the Debt Industry, as they tend to do if they think they can get away with it.

 

But, you must run with what you are happy with. I'm always up for any fight with the bankers, DCAs or CRAs, so I tend to look at these things from an all out assault basis. No prisoners, because they never do anything decent when it comes to the Consumer.

 

It's war as far as I'm concerned.

 

Cheers,

BRW

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Ah, I see. Yes, I guess if you are ok with that. At least you do have something attached to the reporting which is one good thing. :)

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hello Davey77!

 

I'd stick with the original statement of fact!

 

If the Debt Industry poodles at the CRA send it to the ICO for a ruling, that could be interesting if only to hear what they say. If you have the evidence, then I can't see what the ICO would have to complain about...although the most likely is they will side with the Debt Industry, as they tend to do if they think they can get away with it.

 

But, you must run with what you are happy with. I'm always up for any fight with the bankers, DCAs or CRAs, so I tend to look at these things from an all out assault basis. No prisoners, because they never do anything decent when it comes to the Consumer.

 

It's war as far as I'm concerned.

 

Cheers,

BRW

 

For which you need the right equipment......:D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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