Help please, Me v Unamed CC company

[Out4Revenge]

Hi everyone:)

Long story but heres the basics,,

I have a CC with X, due to lack of funds and O/H being "between" jobs I started having difficulties paying them, CAB setup payment agreement which ended about April or May last year, CC Company didn't inform me it was ending, and I didn't know it was ending, I don't remember being told it was for 12 months only. Anyway it ended and I kept paying the agreed £1.00 per month, when I recieved my statement I noticed, so rang them to ask why I was not told the agreement wascoming to an end so I would have the funds to pay them, they replied they didn't have to tell me:-o.

So I asked them how much I would need to pay to bring the Account back into line, they said £xxx, which I paid then and there.

Next statement there was an over limit charge, I rang them to ask how this had happened they said that they had "forgot" to include it:evil:.

I again made the "extra" payment to bring everything within limits, Guess what was on the next bill,,,,,, yep more charges:evil:.

Anyway this is when I started the letter writingTo summarize,

1, I was not informed the the agreement had ended, therefore I was unprepared, so had no money put by to pay the first full repayment, I have incurred charges and interest.

 

Sorry my scanners broke so can't copy thier letters, but they were all standard template letters totally ignoring anything I'd said. So I've recieved 2 more letters and a statement this week.

Edited March 30, 2009 by Out4Revenge
trying to shorten the post

[Out4Revenge]

OMG that is very long,,,, SORRY

[Out4Revenge]

Hi, Ive decided to keep it short and leave that dodgy paragraph out,,,,

 

 

Dear Sir/Madam

 

Thank you for your template letter dated xx/xx/2009 received xx/xx/2009, Which completely failed to Address any of my concerns.

I have today received a statement for the Credit Card. The contents of which you will have on your system. I have noticed that you have continued to add Penalties i.e. £xx.xx late fee, and interest i.e. £xx.xx, onto the Account, you have continued to do this throughout this Dispute. This is despite the Account being in Serious Dispute.

I have also noticed a Credit to the Account of £xx.00, could you please explain where this has come from? I have not paid anything to this Account.

Also in your letter dated xx/xx/2009 you clearly state “To finally resolve your issues I have escalated your compliant to our customer Relations Department”.

This being the case perhaps you would like to explain a letter received today xx/xx/2009 dated xx/xx/2009 from “Retail Bank Collections” which seems to be a “Notice” of some kind? To the best of my understanding of this confusing letter, you seems to be trying to collect payment for the above Disputed Account and to be threatening to Default me. All this while in your letter dated xx/xx/2009 clearly accepts that the Account is in Dispute! Could you please clarify the meaning of this letter?

 

You have failed to respond to my, Notice pursuant to s.10 of The Data Protection Act 1998.

Have you stopped processing my Data as per request? If not why? The data protection act clearly states that Data should be accurate, clearly this is not the case!

 

I also wish to remind you that the clock is ticking on my proposal for ending this dispute. I will withdraw this offer if you do not respond by xpm 0n the xx of xxxx 2009.

 

Please find enclosed CCA request and Data Subject Access Request. Please note that the postal orders included are ONLY to be used for the express purpose stated on the requests. and must not be credited to the Account!

[Out4Revenge]

Hi does anyone know the rules and regs regarding adding interest and charges onto disputed accounts? I've been looking all weekend but I can't find what I'm looking for.

thanx Jimi

[Out4Revenge]

Hi all.

I recieved an offer from them on friday and this is my reply,,,,,,,,,,,,

 

 

"Dear Sir/Madam

 

Thank you for your letter dated xxxxxxxxx

 

Having read your letter I was at first delighted with your offer, unfortunately after having had time to consider and review the contents, I must turn down your offer. The reasons being,,,,

1. Your offer to refund £xxx.xxby way of penalties and interest is nowhere near the amount of penalties and interest incurred since December 2006, the penalties & interest must be more than £xxx.xx. For example last month alone you unlawfully added around £xx.xx in penalties & interest, and this while the account is in SERIOUS DISPUTE! Whichever date is correct I would only accept if ALL penalties & interest that have been applied since the payment agreement ended were refunded. You seem to accept my contention that I was not informed that the arrangement was coming to an end. This being the case, you must accept any Account balance after this date did not in fact reflect the TRUE status of the Account, it then follows that all penalties and interest after this date can not have been applied correctly.
   
2. You say in your letter “ As discussed, I have arranged for the arrears on your Account to be cleared.” I am confused by this sentence, do you mean that the arrears will be cleared on top of the refund of penalties and interest, or that the refund will be used to clear the arrears? Sorry if it seems I am nit picking, but this could be open to interpretation, and I am unwilling to sign anything unless it's absolutely clear what I'm signing for.
   
3. You say in your letter, “ I regret I am unable to agree with your request to remove any adverse information sent to the credit reference agencies since your fixed payment agreement ended. Under the Data Protection Act we have to provide accurate information to the credit reference agencies on the status of your Account. Therefore information regarding any late or missed payments will be correctly recorded with the credit reference agencies”. I will state again that the notice pursuant to section 10 of the Data Protection Act was not a request and has never been up for negotiation. The Data Protection Act does not require you to provide ANY Data to CRA's, What It does REQUIRE is that any Data you do add is CORRECT.
   a. The Notice I sent was a lawful request REQUIRING your company to stop processing my Data forthwith.
   b. Your company did not inform me that the reduced payment agreement period was coming to an end, therefore any under/late payments or the Account being over limit were as a direct result of your mistake in not informing me the arrangement was coming to an end. Therefore all Data entered with any CRA after that date was as a direct result of YOUR mistake and is NOT an accurate entry of Data which correctly reflects the TRUE status of the Account.
   
4. Once I noticed YOUR mistake, I attempted to bring the account into order, but once again your adviser made yet another “mistake” and gave me the incorrect figure, twice, it then follows that any Data entered was once again inaccurate and was once again YOUR fault.
   
5. Any Data added once the payment plan ended was wholly inaccurate. This is your final warning, I will not have your company knowingly entering false and inaccurate Data the CRA's, This is damaging my ability to get credit and is damaging my reputation, I have tried to get this account in order, your companies unending list of mistakes is damaging me personally and is having a bad effect on both my physical & mental health.
   
6. If these “mistakes” had not been made, then the payments I have made would have brought the Account balance lower than it would be if I accept your offer. This would in fact have the effect of wiping those payments out, therefore effectively wasting that money. I'm sorry if this statement is somewhat confusing but I'm sure that as your the banker you can work it out.
    
   

If you continue to ignore my lawful s10 request then at least have the decency to give the reasons why you feel you have the rights to defame me publicly.

 

I especially like the final paragraph of your letter which says “To comply with legislation, I would like to let you know that if you remain unhappy you can refer your concerns to the Financial Ombudsman Service”.

Why have you suddenly decided to “comply with legislation” and why have you failed to comply with the CCA 1974, Administration of Justice Act 1970, Protection from harassment Act 1997, the Data Protection Act, the Banking code and numerous OFT guidelines? Why have you continued to unlawfully add interest and Unlawful Penalties to a disputed Account? If you really wish to comply with Legislation then I would suggest you comply with ALL relevant Legislation and not just the bits you feel like complying with.

Moving onto the acceptance form, can I ask that you give me more details?. I have noticed that it says “In Full and Final Settlement”. Once again this could be open to interpretation, I will not sign anything so ambiguous. I ask that any acceptance form sent in future be exact as to what I am agreeing to settle.

 

Having said all that, I am still willing to attempt to end this dispute, If you within 14 days of the date of this letter,,,,

 

1. Refund ALL penalties and interest from the date the agreement ended.
   
2. Once this is done, apply any payments I have made to the account.
   
3. Remove ALL data added to my files since the payment agreement ended, held with any 3rd party companies, including any CRA's immediately.
   

If you do that then I will set up a standing order to pay £60.00 per month. I will do this even though it will stretch my finances to the limit.

This is a fair offer and I hope that you will give it the consideration it deserves.

Your companies “mistakes” have caused me considerable distress, I suffer from Anxiety and depression which I am being treated for, but this has been much worse recently so I feel that as none of these “mistakes” are mine, you should be making a "gesture of goodwill" by way of compensation at a level which reflects the length of time this whole mess has been going on, and the stress you have put me through."

They have made a very small G0GW so I thought I'd put the last para in. Any thoughts?