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Davey vs Mint (RBS)


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OFTMint.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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No updates... nothing heard.

 

Have a complaint letter that's been sent off (a very specific kind of letter) so will see what comes of that but be prepared for fireworks in any event tehe

:!: -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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I am trying to write a book on being in debt.

 

I would appreciate any short comments and peoples experiences in their own words on how debt has effected their health and lives. In particular the stress it causes and what being ignored by Lenders and DCAs when you are trying be responsible has felt like.

 

Only short comments wanted please. Say about 300 word max. No massive letters and i am more interested in the psychological effects and mental state, the frustration and stress that attempts to communicate with creditors has brought, rather than the legal side or section 78 failures etc.

 

I would prefer comments sent via hotmail or yahoo (link on the left of these posts) and not posted on the open forum please and rest assured your name/username will never be quoted. All in strict confidence and for my own use in writing about the subject matter and any information will be changed as to keep any comments i may add to the book as anonymous and not traceable back to any individual in any way.

 

Thanks folks... something may come of it. I may be a rubbish author! If it's not good enough for publication and if i ever finish it i'll post it online for download to try to help those being hounded by the evil doers.

 

 

Lots of amusing stories here:-

http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca-360.html

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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  • 5 weeks later...

Hi Davey, I thought you may be interested to see this letter I received this week from RBS having sent them are request of a default notice copy and not a CCA request !! However, WHAT A RESULT.

I'm just quickly posting and trying out Photo Bucket to see how it works.

I'll post my reply to them later as well as starting my own thread on this.

Regards, GM

NoAgreementRBS-1.jpg

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Interesting, as the OFT outline that a creditor is legally barred from enforcing the agreement at all whilst they are in default of your s78(1) CCA request and section 78(6) of the act is active, this would include requests for payment and reporting information to the Credit Reference Agencies.

 

http://i26.photobucket.com/albums/c104/telso/1-8.jpg

http://i26.photobucket.com/albums/c104/telso/Image2.jpg

http://i26.photobucket.com/albums/c104/telso/Image3.jpg

 

Look at paragraph 4 of the 2nd page.

 

That said we all know that banks can be selective when it comes to rules, regulations and laws if it doesn't serve to their benefit.

 

Either way I would be interested to see a response to what the OFT are stating, it might be an idea to enclose a copy of that correspondence with any enquiry.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hi Davey, I thought you may be interested to see this letter I received this week from RBS having sent them are request of a default notice copy and not a CCA request !! However, WHAT A RESULT.

 

I'm just quickly posting and trying out Photo Bucket to see how it works.

 

I'll post my reply to them later as well as starting my own thread on this.

 

Regards, GM

 

 

 

 

NoAgreementRBS-1.jpg

 

result:D

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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Hey GM, I have seen a few of these now and it's a good result but they will still try to pursue you for the amount even tho they don't have an agreement so it's up to you how you want to play it.

 

Similar here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/177986-unenforceable-loan.html

 

Always nice to know they haven't got a hope of ever getting you to Court after sending that letter tho!

 

No progress on my front apart from this today from Scotcall. 1 letter going off to them removing access, stating the facts and informing them that no further correspondence wil be entered into etc

 

 

ScotCall.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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Nice to see they offer Visa & Mastercard as payment options:eek:.

 

Did I read somewhere this is against guidelines / rules?

 

Yep, against OFT Debt Collection Guidelines to get a debtor to take out further borrowing to pay off a debt, its considered unfair practice.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

That said it doesnt surprise me that they are using credit cards as a method of payment, anything to get their commission or slice of the money.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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My reply to Scotcall:

 

"N O T I C E

 

ACCOUNT IN DISPUTE

 

I do not acknowledge any debt to your company, your client or it’s agents or representatives

Dear Sir/Madam,

Further to your recent standard template communication.

 

Your company and/or representative’s implied access to my property is hereby formally removed as I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly and i will ask the attending Police Officer/s to arrest your so called ‘field representative’ on grounds of trespass and attempted fraud. Such action on your part would also contravene OFT Debt Collection Guidance.

 

Unfortunately for Scotcall you will be just as unsuccessful in extorting moneys from me as the other 15 DCAs that came before you over the last 3 years in regards to this invalid account. You are quite welcome to contact RBS for copies of all the requests i have made to be supplied an enforceable credit card agreement if you wish along with all the other requests that I, or my solicitor, have asked for that have been ignored including information requested under the Civil Procedure Rules (Pre Action Protocols).

 

I suggest you take OFT debt collection guidance more seriously after the recent action taken against other unprofessional DCAs, namely, 1st Credit and Mackenzie Hall, as the OFT are cracking down on unlawful and unfair debt collection practices and your organisation could be next.

 

In respect to any irredeemably unenforceable alleged account you may be demanding unlawful payments towards i suggest you pass this invalid and worthless alleged account back to RBS. Any other template communication from you that i feel is not pertinent shall be read and filed for future evidence but not replied to as you may consider this is my final response and i have no intention of wasting further printer ink on the subject. (Unless Scotcall can produce a document signed myself that contains the prescribed terms as per section 61(a) and section 127(3) of the CCA 1974. But as that document does not exist you will be hard pressed to do so.)

 

I shall not be making any payments towards the above alleged account under any circumstances but wish you the best of luck in your chosen career. Such that it is.

 

Yours sincerely, davey"

:!: -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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Nice one davey:D

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My reply to Scotcall:

 

"N O T I C E

 

 

I do not acknowledge any debt to your company, your client or it’s agents or representatives

 

 

Dear Sir/Madam,

Further to your recent standard template communication.

 

Your company and/or representative’s implied access to my property is hereby formally removed as I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly and i will ask the attending Police Officer/s to arrest your so called ‘field representative’ on grounds of trespass and attempted fraud. Such action on your part would also contravene OFT Debt Collection Guidance.

 

Unfortunately for Scotcall you will be just as unsuccessful in extorting moneys from me as the other 15 DCAs that came before you over the last 3 years in regards to this invalid account. You are quite welcome to contact RBS for copies of all the requests i have made to be supplied an enforceable credit card agreement if you wish along with all the other requests that I, or my solicitor, have asked for that have been ignored including information requested under the Civil Procedure Rules (Pre Action Protocols).

 

I suggest you take OFT debt collection guidance more seriously after the recent action taken against other unprofessional DCAs, namely, 1st Credit and Mackenzie Hall, as the OFT are cracking down on unlawful and unfair debt collection practices and your organisation could be next.

 

In respect to any irredeemably unenforceable alleged account you may be demanding unlawful payments towards i suggest you pass this invalid and worthless alleged account back to RBS. Any other template communication from you that i feel is not pertinent shall be read and filed for future evidence but not replied to as you may consider this is my final response and i have no intention of wasting further printer ink on the subject. (Unless Scotcall can produce a document signed myself that contains the prescribed terms as per section 61(a) and section 127(3) of the CCA 1974. But as that document does not exist you will be hard pressed to do so.)

 

I shall not be making any payments towards the above alleged account under any circumstances but wish you the best of luck in your chosen career. Such that it is.

 

Yours sincerely, davey"

 

I give that letter a 9 out of 10. It would've been 10 / 10 but I think that's a little too subtle for them to understand and some of the words are over 2 syllables. I'll give you back that point and make it a perfect 10/10 if you write it in crayon.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Thanks CB :)

 

lol yeah .. perhaps i should have taken my cue from the borg Locutus and stated "resistance is futile" ;)

:!: -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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Add that for an 11 out of 10!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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  • 3 months later...

All quiet here.. nothing new. Didn't here back from Scotcall and haven't had a peep from RBS or any of their DCA's bottom feeders.

 

Suspect this will go statue barred one day and doubt i will even bother replying to anything else in the future (unless i am really bored and have nothing better to do!)

 

Merry Christmas everybody! :)

:!: -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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  • 1 month later...

Feb 9th 2010.. still all quiet here.

:!: -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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hiya davey

 

just caught up with a lot of my threads glad you are fine, and hope 2010 brings further luck, keep on smiling

 

catch up soon laters angel x:lol:

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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