new to the forum need a little advise

[IdaInFife]

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

 

if you sent the letter RD then donlt worry. If you have said you are going to pay £x on the xxth of each month then just make you nect one on time

 

ida x

[hayway]

can tsb take loan payment out of my bank account when there is no money in it but there is a overdraft on it but is at its limit just a bit worried that they will take it and exceed the overdraft limit and i will get a load of chargers

 

 

hayway

[Suchamess]

can tsb take loan payment out of my bank account when there is no money in it but there is a overdraft on it but is at its limit just a bit worried that they will take it and exceed the overdraft limit and i will get a load of chargers

 

 

hayway

 

Hi First post here but I have been a lurker for a very long time

I couldn't comment about tsb but Barclays have done exactly this to me in the past. I'm sure someone can offer a suggestion here..?

[dx100uk]

short ans is no if it will put you into overdrawn/charges

 

though as said, banks CAN take payments for a credit card from your bank A/C if it is the same org, called offset banking, of something like that.

 

dx

[hayway]

got a letter today from cap1 they have had all the paperwork they have asked for but in the letter they said they need to speak to me urgently before a payment plan could be set up they needed some more information so i stupidly rang them they are now saying they want payslips which they did asked for.i told them they only asked for bank statements and proof of any benefits we get so now they say because we failed to give them all the information ,so they cannot help with a payment plan in the end i told them we was going round in circles and hung up on them i was so angry so now just going to carry on paying the token amount that i offered them and see what happens. oh and as i am typing this (9pm) bank of Scotland have just rung yet again they are really winding me up now

 

 

 

hayway

[dx100uk]

cap1 have NO BUSINESS to request your pers financial details of ANY kind.

sadly as you have found out its just a rouse to make you pay more than you can afford.

STCK with your payment and don't stop it.

 

as for ROS, have you sent off the telephone harrassment letter to them?if not do so.

 

and STOP ANSWERING OR USING THE PHONE FOR DEBT MATTERS.

if you really want to wind them up.

 

just say this phone call is being recorded, then say please note the following :then quote the contents of the letter above down the phone to them without stopping [esp the bit about what section it is eetc]

tell them to not use the number again & to remove it from their database and hang up.

 

also dont forget many organisations have online access to your A/C

go on their website to your A/C and change all the phone numbers listed to 0's, keeping to the correct format [0000 000000] etc if needed

that works as well, really confused the autodailers!

 

 

request everything in writing, they'll soon go away.

 

dx

[hayway]

just to let you know of any progress .capital one has now been sent the harassment letter was receiving up to 10 calls a day and lloyds are refusing my token payment so no progress at all

 

 

hayway

[hayway]

ok changed banks but there is a over draft on the old account of 1,500 and they keep adding chargers which take it over the limt so more chargers dont know what to do about this any advise please

 

 

hayway

[IdaInFife]

you need to start reclaiming the charges back.

 

ida x

[hayway]

thanks ida but were do i start because i have no idea

 

 

hayway

[IdaInFife]

ok,

 

 

you need to send the bank a sar, this will get you thwe last 6 years transactions all the template letters can be found in this link:

The Consumer Forums - Bank charges templates (consumer)

 

and then this will help tot up what charges can be claimed back

 

and have a scout around here :

 

http://www.consumeractiongroup.co.uk/forum/#consumer-forums-center-bank

 

and you could start a new thread on the bank forum and have aread of others and how they did it

 

ida x

[hayway]

Hi again well so far i have been replying to all the letters from all my creditors and continuing to send the token payments but they are still adding interest and £12 every month taking me over the limit even more so i am getting in more debt all the time. so is it worth me keep sending the token payment because i feel i am getting no were and really feeling very low and confused i just cannot Carrie on like this it is making think what is the point in anything i am struggling just to pay my priority things

 

 

thanks hayway

[IdaInFife]

If i were you (all cc debts)

 

One by one i would send of a sar as in post 36 to get the transactions to claim back any charges to reduce the debt. I wouls also send of a cca:

Dear Sir/Madam

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

There is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I look forward to hearing from you.

Yours faithfully

you need to include a £1 po

 

to whoever is asking for payment

 

and try and pick them off one by one

 

Ida x

[hayway]

thanks ida so you would only do one at a time

 

 

hayway

[dx100uk]

well done hayway, chin up off you go.

 

we're all here to help

 

just start a new thread in the relevent named forums when you begin

 

dx

[IdaInFife]

me personally , if could afford it, send sar to all.

 

then deal with the one by one to claim stage (just cause i confuse myself easily)

 

Ida x

[hayway]

hi just a bit of a up date on my mess mbna have agreed to my token payment but i am still struggling with the rest of them but at least it is one of my back for a while. again thanks for your help and understanding support.

 

hayway