allied international

[Bazooka Boo]

Huff&Puff that is so defeatest!!

 

There is stacks you can do to stop them ringing, it just takes the right tool for the job that's all....

 

Administration of Justice Act 1970 (c.31)

 

Protection from Harassment Act 1997 (c. 40)

 

Now, any breach of both the above Acts is a criminal offence, the Admin of Justice Act makes it a criminal offence for a creditor or their Agent (DCA) to make demands for money which are aimed at causing 'alarm, distress or humiliation, because of their frequency, publicity or manner'.

 

And the second act makes it even clearer, that 'any person who pursues a course of action which they know 'or ought to know' amounts to harassment of another person could be classed as having committed a criminal offence under the act.

 

So a complaint to the DCA in question swiftly followed up with a complaint to Trading Standards Institute - Home page

And the The Office of Fair Trading: Contact us

[happy hippy]

Hi Everyone, thanks for your help, its very appreciated. Looks like I have some letters to write!! Will keep me out of mischeif, lol. Thanks a lot, will get on to it right away.

[Desperate Daniella]

Great advice from Bazooka Boo. Send your letters, and if they still keep ringing you can just say you've written to them, and you'll only accept communication in writing, or just refuse to go through security, or just hang up.

 

I actually did start talking to them though after joining CAG, and what's been surprising is that after I have told the first DCA on each account what the situation actually is - no proper agreement, CCA 1974, regulations state... etc., when the original creditor takes it back and passes it to a second (or third) one, I never hear from these unless it is in writing.

 

Clearly the credit card companies don't tell them the account is in dispute and why when they sell it on, which is making me wonder if the DCAs all share some kind of database which says it's not worth bothering with phone calls to DD because she'll just quote the CCA 1974 at you.

 

That seems incredibly far-fetched but I was being hounded every single day but loads of them, and I haven't heard from any of them for months - not even the new ones call now.

[happy hippy]

Hi all, an update. I sent the CCA letter to Fredricksons and have received a credit agreement paper from Nat West now. They were 2 days over the 12 working days and apologised for the delay! wow!! Thing is, the credit agreement does not have my signature on it anywhere, just my name and address. Am wondering if it is the right thing and would like to know what to do now? Please help. I tried to scan it to put it on here but am useless with computers.Basically it says the amount of loan, insurance cost, total charge for credit and total amount payable, annual percentage rate. There is a place at the bottom of the page that says customer signature but no signature on it by me or anyone from the bank.

[Bazooka Boo]

In a bit of a rush so can't find the exact link I am looking for, but, just because they have replied with the agreement minus your signature, does not mean it is unenforceable, they are allowed to remove signatures from the agreement, there is a template on here somewhere which says why you shouldnt use s78 request if you want to receive the agrerement with your sigs on.

[Huff&Puff]

It really would be helpful to see it, with your details removed.

[happy hippy]

Hi, after trying everything i could to get the letter on here have given up and done the only other thing i could think of!1 typed it out myself and pasted it! Long winded but hopefully worked. Everything is word for word although the layout might be a bit suss, sorry!! I noticed there was no date on the agreement, don't know if that is relevant, and no signatures either. So, here goes...

 

 

Date 14 December 2009 Nat West Bank Plc

Etc

 

 

 

 

Our ref: *****

 

 

Your ref:

 

 

 

 

Dear Miss ***

 

 

Re: Request for copy of Credit Agreement under Section 77 of the Consumer Credit Act 1974

Account: *****

 

 

We write with reference to your recent correspondence, dated 21 November 2009 and apologise for the delay in our response.

 

 

Please find enclosed a copy of the Credit Agreement, Insurance Certificate and a schedule of Arrears as requested.

 

 

We trust this is satisfactory; should you have any further queries please contact this office at the above address

 

 

ours sincerely

 

 

scribble scribble

 

 

Recovery Manager

 

 

And....

 

 

Credit Agreement regulated by the Consumer Credit Act 1974

 

 

Please sign below where indicated

Parties to Agreement
 
The Bank Nat West Bank
The Customer Me
 
 
2. Purpose and Amount of Credit
 
(a)£4,500 cash loan for Refinance Debt this Bank Main Loan (a) + (b)

(b)£ for repayment to the Bank of account number £4,500

 

( c ) £1,275 being the premium payable to the insurers for optional Loan Protector insurance in relation to this Agreement against the death sickness accident and unemployment of Me (the insured ) in accordance with the Banks Loan Protector Insurance leaflet.

 

 

3. The Credit £5,775

(2(a)+2(b)+2© )

 

4. The total charge for credit £2,208.60 Comprising (a) Interest £2,208.60 (b) Administration Fee £0

 

5. The total amount payable ££7,983.60
(3+4)
 

6. The Instalment Repayments

Repayments due one month after the Credit is drawn and monthly thereafter as follows:-

60 Repayments of £133.06 Comprising Main Loan repayments

Insurance Loan Repayments £29.38

 

7.Annual Percentage Rate (APR) 14.4%

 

 

8. Charges on Default (a) The Banks Expenses in enforcing this Agreement. These expenses will include (but not be limited to) expense of taking steps including court action , to obtain payment , tracing the customer if the customer changes address without notice and communicating with the customer if the customer breaks the terms of this agreement and (b) Interest (APR) on any sum payable to the bank under this agreement from its due date to the date of actual payment

 

9. Service Account
(Account from which Instalment Repayments will be made) Sort Code ***

Account Number ***

 

 

10. Destination Account

(Account to which any cash loan is to be paid) Sort Code ***

Account Number ***

 

 

By signing this Agreement the Customer confirms:-

1. having read this agreement including the terms and conditions set out seperately
   
2. having received a copy of this agreement
   
3. having elected to take the option of death, accident sickness and unemployment insurance
   

 

 

 

 

 

 

 

See page 2 of this Agreement for the remaining terms and conditions related to the Credit

 

 

 

WOW IT WORKED, Phew..... Please let me know what you think. Thanks foe all the help

[Bazooka Boo]

Did they send the T&C's also??

[happy hippy]

Yes they did. Looks pretty standard stuff.

[Pinky69]

It's a multi agreement so there should be separate signature boxes for the loan and PPI - they are different types of credit and must have separate agreements and prescribed terms. The loan is debtor-creditor and the PPI is debtor - creditor - supplier, the supplier being whoever provided the insurance. Did they send you statements?

[happy hippy]

There doesn't appear to be seperate signature boxes. There was a bit on the terems and conditions page that just said customer initials. I never had any statements from the insurance company as far as i'm aware, in fact, until i got a load of paperwork from nat west, i did not realise that i had insurance. It does not seem that there are seperate agreements here.

[happy hippy]

Is there something I can do now?

[happy hippy]

Hi all, hope you've all had good xmas and new year. Would be grateful for any advice on what to do now. Have started to get calls from Fredricksons again, not answered then just checked the number but don't really know where i stand now. Is it worth still trying to dispute the case or should i make an offer of payment? Hope someone can help.

[happy hippy]

Any advice? Anything at all that might help?

[Pinky69]

Hello Hippy - you seem to have been deserted! As I said above, this is a multiple agreement and the PPI should have been shown separately. Do you think you were badly advised about the PPI anyway? Were you aware it was there? I would argue with Frederickson that this is an unlawful agreement as there should have been 2 separate agreements, one for the alleged loan and one for the alleged PPI. The document they have sent is not a properly executed agreement and until such times as you receive one the alleged agreement is in dispute and you will be making no payment whilst the dispute remains. Send you letter to Frederickson's Complaints Department. Tell them you want everything in writing and they must cease all calls immediately as they have no legitimate right to pursue the alleged debt whilst it is in dispute. Failure to do so will result in a complaint to the OFT's Credit Licence Fitness department. Frederickson's don't like any hassle and will probably sell it on. If they do, you are half way there because it will just get passed round the houses until one of them finally gives up.

[humbleman]

HH

 

If its any help.

 

I stopped paying RBS after their failure to comply with my CCA request back in 2007, they have since defaulted me and done the normal rounds with Triton, Green & Co. Solicitors and AIC. I have ignored all of them. I haven't heard anything for 1 year now.

[happy hippy]

Thanks so much for your help. Am writing to fredricksons and will say what you said about it being an illegal agreemant. I did not even realise that i had the PPI until nat west sent me that bunch of papers!! So definately think it could be classed as misold. Thanks for your help, will update when i get reply (or if!!) Bye for now and thanks again.

[Bazooka Boo]

Unlafull not Illegal!!!

[babybear39]

Unlawful even

 

Have you been on the pop already BB?

[Bazooka Boo]

No I have been scarred for life, a 'friend' told me to watch (Removed for not only my sake, but to protect others also!), I'll never be able to close my eyes again!

Edited January 12, 2010 by Bazooka Boo

[palomino]

I was just about to start cooking dinner ... that is seriously gross.

[babybear39]

*BB vomits*

[babybear39]

What on earth could he told the A & E

[Bazooka Boo]

Please, I am trying to eradicate it from my Memory! I had to sleep on my back last night,

the next time I see my so called 'mate' I'm just gonne kick him square in the crown jewels....

[Bazooka Boo]

Back to matters in hand, I was thinking that Unlawful and Illegal kind of mean the same thing, so would Unfair be better terminology to use?