Where do I start?!

[underdog13]

I'd wait for the CCA if I were you.

 

Don't worry about where they put the £1 - you made it clear what it was in payment for; if they want to apply it to the account, that's up to them. You paid for the CCA and you are entitled to receive it - they can't argue with that;)

[underdog13]

Hi Underdog

 

Thanks for your post.

 

So I cannot write to them and ask them not to apply charges? I am going to write anyway because the phonecalls are getting ridiculous now.

 

I wasn't aware of the insurance for loss of rent in time to take it out on that tenant but I since have done with all my other tenants.

 

You can write to them, but in all likelihood, they will keep adding the charges.

[cupcake68]

Thanks Underdog!

 

I am learning fast with all this!

 

It makes me more mad the more I learn but also makes me tougher. I WILL fight them all the way (with everyones help please!!).

 

We work so hard every day, my other half is so exhausted after working all weekend (and a physical weekday job) he fell asleep by the time I put our kids to bed tonight (8 o'clock). Why should we give in to these crooks?

 

I just need to keep on top of it all and learn a little each day. One day we will be in a better place and I will be in a position to help others in similar situations.

[magiciansgirl]

Thanks MG

 

I'm not sure what you mean about hardship claims but when we had the A&L account we weren't receiving any benefits or anything. Does that make a difference?

 

Hi Esile,

 

Bank charges reclaims can go back for 6 years, and because you are in hardship NOW I think you can make a claim and not have it stayed. Again not something I have done myself (yet!) but lots of help here.

 

Best, MG

[cupcake68]

Thanks MG

 

I will have a look but I don't think I have any bank charges in the last 6 years.

 

I've never missed a payment on anything, that's why I'm in this mess. When I couldn't afford to pay it I just kept borrowing, thinking life would be over when the day came that I couldn't pay!

 

Absolutely sick of the phone calls now! Do they really think if I haven't answered the phone so far I am honestly going to answer it in two minutes time?! OBVIOUSLY BECAUSE THAT IS HOW OFTEN THEY CALL!!!!!!!!!!!!

 

I am going to have a look for a template letter to send Barclaycard re there attempt at fobbing me off with t and c's from 1997. I don't really know what to do about Sky. It would appear that it is enforceable so I don't know what to do. Being that, that is the only one we have had back so far I am tempted to pay it this month but not sure if I'm just making things worse if I pay them and not one of the others. (I think I have read somewhere that sky is part of barclaycard and they are the worst for telephone harrassment! If they find out I have the money to pay sky will that make them call me more?!)

 

Anyway thanks for your continued support I'm off to find a template letter.

x

[cupcake68]

Hi

 

I have received another reply to my one of my many cca requests today.

 

Could someone have a look at it for me please?

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192818-esile-monument.html#post2084030

 

Thankyou!

[cupcake68]

Hi

 

It is all happening here!

 

We have had several responses to our cca request today. I have started new threads for each one if someone could have a look I would be really grateful.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/193020-esile-barc-6-5-a.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/193018-esile-amex.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/193017-esile-cap-1-a.html

 

I have also had a reply from my partners monument. It is the same as my monument posted on here yesterday so I am not going to post it, I will treat it the same as my one.

 

Everyone's advice and support is very helpful and important to me. Without you guys I would be in a very dark place right now. As things stand I'm still living and breathing (therefore fighting!) and I feel like there is hope so thank you x

[magiciansgirl]

Hi Esile, how's it going? Have you looked at the template letters in the Harassment library on this site? If the phone calls go on much longer could be worth you adapting and sending. Hugs, MG

[cupcake68]

Hi MG

 

We're doing ok - thanks for asking!

 

The phone calls haven't got any lighter, I have sent a couple of harrassment letters out to the cards I've had to write to in the last week and when I send the rest of them the letter to say they haven't responded in the 12 +2 days I will be including an harrassment letter to them too. I hope that is going to stop some of them!

 

I am still keeping a diary of all calls. 18 calls on sunday from Barclaycard is a bit much even if I am in a good mood!

 

We've had 7 out of 30 responses, one has been enforceable, three have been original agreements that don't look enforceable and the other three have been just terms and conditions.

 

The hardest part now is the waiting. I like to know where I stand and we don't really have a chance of that for a very long time but compared to the pressure we have been living under for the last year trying to meet these monthly payments and getting further and further into debt this is nowhere near as stressful.

 

I am keeping this thread updated as and when I hear anything hoping it might give someone else some hope.

 

Your support is appreciated as always

 

Esile

x

[supasnooper]

Hi there,

 

Keep going, you're getting some great advice on your threads from other members who have been here a lot longer than I have.

 

Just takes some time to get sorted and to see exactly how the land lies.

 

Regards,

 

snoops

[cupcake68]

Hi Snoops

 

How are you doing?

 

I am getting fantastic advice on here I don't know where I wold be without you lot!

 

Thanks

x

[magiciansgirl]

You're doing so well! I'd have hysterics if I got 18 phone calls from Barclaycard.... Keep calm and carry on! (We have this poster on our fridge) Very relevant to the times...

[c_allen]

Hi Elsie, just a quick word of support:) you're doing great, on the bank charges thingy, you can claim back charges beyond six years if you can get hold of the statements, hopefully you've kept them, if not you can sar the bank for them but you have to make it clear you want ALL info they hold, no matter how old the info is.

hope this helps, and keep your chin up, you're sounding stronger each time you post:D

[cupcake68]

Thanks C Allen

 

I'm only stronger because of what I have learned from this site and because everyone is so great!

 

I also, in a very strange way, feel so much weight has been lifted from my shoulders because I am no longer trying to find an extra 4k each month to pay these faceless credit cards and no longer fearing the postman coming each day in case it's another reducing my limit and making it even harder for me!

 

Now I know it's going to be a long haul but at least there is hope whereas before the only hope I had was in the mortgage brokers hands and they all let us down so many times I coldn't be hopeful any longer!

 

Now I look forward to the post!!

 

The only thing in today's post was a reply from HSBC. They are still saying they need a signature before they can send out any information!!

 

So we are going to sign but not the usual and see where that gets us.

[amsgirl]

subbing

[magiciansgirl]

You are doing the right thing. If you missed payments with Blemain they would go straight for a repossession order as you've probably seen elsewhere on the site. Stay strong! MG

[cupcake68]

Cheers MG!

 

Blemain are for another day!

 

Esile

[cupcake68]

Hi Guys!

 

I have lots of questions for you lovely people tonight after todays post!!!

 

I have had a 2nd response to HSBC, they are still saying they will not send cca until we sign the form to request it. The crazy thing is we have a bank account with them so if they just wanted a copy of our signature they could easily get it from elsewhere!

 

So what do we do? Can we just ignore the letter and tell them the account is in dispute because they have not supplied it as we requested? Or should we sign it but not with the usual signature? Or should we send another letter?

 

Here's a copy of their latest letter AC HSBC pictures by cupcake62 - Photobucket

 

Next...

 

M and S have sent this letter re cca request AC MandS pictures by cupcake62 - Photobucket

 

any suggestions?

 

next...

 

Virgin have sent me this today EC Virgin pictures by cupcake62 - Photobucket

 

Is this a dca or are they part of virgin?

 

What should I do about it?

 

Similarly o/h has received this from his mbna TC MBNA pictures by cupcake62 - Photobucket

 

so the same questions apply for this one?

 

Thanks for any advice you may be able to give me.

[GamekeeperToPoacher]

FWIW Esile,

 

I would do nothing they should know the law and the clock is running.

I think that we spend too much effort writing to these people advising them what the law states. I cannot believe that they are prepared to threaten court action if they have no agreement and it is time that they were taught a lesson.

 

GK

[cupcake68]

Hi GK

 

Are you talking about the HSBC question? Or all of them?

[cupcake68]

Should I start a new thread for each of my questions in post 118?

 

I have started a new one for each cca I have received but not sure about these letters!

[cupcake68]

Hi Folks!

 

Just an update really.

 

I have today sent an account in dispute to all those that have not bothered replying to my letter and also to some of those that have sent the silly excuse letters.

 

I guess now I just sit back and wait to see what responses we get.

 

Is there anything else I shouold be doing?

 

I am so grateful for everyones help I cannot believe how liberated I feel, after feeling like I was carrying the weight of the world on my shoulders so thank you. I know things are going to take a long time to come to an end but at least I have hope now!

 

Esile

x

[supasnooper]

Nope.............sit back and relax, you've done the hard part.

 

Some may reply to your In Dispute letter, but just ignore them and file them away as evidence of harrassment.

 

Keep us posted on developments.

[cupcake68]

Hi Supasnooper!

 

I'm under no illusions that this is it but you have certainly put a smile on my face tonight.

 

Now I can concerntrate on trying to improve on our income and maybe enjoy my girls a bit more than I have had time for lately!

 

Is that not what life should be about? I have lived in fear for long enough!

[cupcake68]

Hi

 

Well I enjoyed a couple of days of peace except for the phone ringing of course but we've turned it down so low now I hardly notice it!!

 

Today we have had a reply from monument re my "your agreement is unenforceable" letter which I will post in a mo on the monument thread.

 

We have also had the next chase letter from Nationwide. Slightly concerned about it because it mentions they have the right to withdraw any other nationwide account. Our mortgage is with Nationwide and we now know we will not be able to get another!

 

Is this just a scare tactic?

 

Am I right in saying they would have to get a repossession order to withdraw my mortgage?

 

I know they are trying to scare me to win this battle but I do need to understand it!

 

Thanks for anyones advice