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    • Hi dx   Post 23 letter has been hidden as has a name in it. I did read the thread and in post 7 saw mention of 'must complain within 3 years of being aware it was mis-sold' if this is what you are referring to? Also my policy is live currently.   I think you know this, but it seems the RBS/Halifax agent doesnt know, that 'I became aware it was mis-sold just before I raised my claim (2019) having read a media article'  as I dont think the PPi team showed them the original claim form maybe, who knows.   Expanding, sorry I missed the word PPi after 'loan' in my post you quoted and highlighted. To be clear, the life protector was not for a loan, but a mortgage, and that mortgage did have a mis-sold PPi on it which they have admitted and refunded.   If it helps, I have several mortgage offers here from 1999 and they say 'Minimum life cover to be assigned to the bank'    The odd thing here is, I started the mortgage and PPi in 1999 but it was 2003 this life assurance started. I do categorically recall being told it was something I had to have though.   Many thanks   E 
    • MP's are good for other things but for some reason are not very good for Council Tax.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
    • forget bailiffs they can do nothing on a consumer credit debt covered by the consumer credit act. most certainly no right of forced entry nor clamping or seizing vehicles etc etc .    and it most certainly doesn't matter, even if someone did , which they didn't, contact them and said he's got money.   you've picked up some rather wild ideas on debts and CCJ's etc from some where which are totally incorrect and way off the rails of what really happens..   your next action is to goto your credit file and write down the 3 CCJ number. then on monday go ring northants bulk RECORD YOUR CALL. quote the three CCJ numbers and ask them for a copy of EACH judgement to be sent by email PDF. also ask them to either send copies of the 3 CLAIMFORMS TOO. or if they cant do that  get them to readout for each one: the address it was served too and the EXACT details of the Particulars of claim box    once you have those details comeback to this thread.   by the way who is the fleecing DCA that pulled these 3 stunts...lowell, cabot, Link, Intrum. hoist..?? who.  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Reliable Collections and Williams v Questioner ** NO SIGNED AGREEMENT - THEY GAVE IN **


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This concerns efforts against Reliable Collections.

 

On 22nd August 09 I ccaed RC and received nothing but phone calls which were of course ignored.They sent me a letter dated 2nd Sept as below saying termination.

 

Is this right when I asked for a CCA first?

 

 

I am about to write back saying - IN DISPUTE.

 

 

 

 

reliablecedit2ndsept09.jpg

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in dispute is good, if the cca request is not complied with, they would terminate the account anyway

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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And they have just sent their version on a CCA - this is the main page, nice and glossy but with NO signature from me.

 

The back is terms and conditions. They also send a statement of account which is largely tons of added interest and charges of 12 quids.

 

WILLIAMS_CCA1edit.jpg

 

What do you think?

 

They have hand written in MY details in the yellow bit - not me. I dont think it cuts the mustard due to no signature. Anyone else seen these from this lot?

 

 

I gather that this sheet is a regular mass-produced ploy to gain complience to their threats?

 

Highlighted errors will be taken down and used against them. Struth - I'm starting to sound like a cop now.

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Questioner

 

I like the way these bottom-feeders warn what MAY happen, gets rather boring after a while.

 

If they are 100% certain of their position, why all the maybes ? all wind and p!ss if you ask me :)

 

Your doing ok, just keep plugging away.

 

Spark

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Questioner

 

I like the way these bottom-feeders warn what MAY happen, gets rather boring after a while.

 

If they are 100% certain of their position, why all the maybes ? all wind and p!ss if you ask me :)

 

Your doing ok, just keep plugging away.

 

Spark

 

Hey Spark - good to hear from you. Thanks for the support.

 

I WILL JUST TELL THESE LUVVIES THAT ITS IN DEFAULT STILL, DUE TO NO SIGGY.

 

Heading itself may be incorrect for a start but I have not been able to confirm this yet. I read something about the term "CREDIT CARD AGREEMENT" only becoming law in May 05?

 

I require more errors to highlight in their CCA attempt so anyone see any???

 

THIS CAME TOO.

 

I dont know about APR and all this??

 

WILLIMSLETTEREDIT3SEPT.jpg

 

With no signature and no date - which letter should I BE WHIZZING TO THEM. I would love to challenge this alleged agreement - but I need pointers to blast back with.

 

With this one not being a card or a set loan as such I just am not sure how this works?

-----------------------

Hunter (DCA Scumbags)- becomes the hunted with CAG!

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Ho Ho - I may have something.

 

In T&C below no. 5 states that the administration charge is currently £12.00.

 

Now they said this was a "true copy" of the agreement. Oh really?

 

So are they saying that 12 quid was applicable back in 2002 if we are to believe that this is a true copy of such an old agreement?:D

 

Its just a new form as suspected and no way a true copy of anything 8 years old . Oh dear I have just also noticed a 2004 date on the FANANCIAL SERVICES BIT .. How clever of them to make a true copy of an agreement that is TWO YEARS in variation than the alleged TRUE COPY of such an agreement... lol.

 

Not that I would ever say it was dishonest in any way... perish the thought..

 

How silly. Tell it to the judge!

 

OFT will like this one.

 

See what you think.

 

williamsccatandc.jpg

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Now then - have a look at this which I can probably handle my self but do chip in if you wish......

 

No way was the form they sent to me "signed" by me and the harrassment issue was spelled out in the constant phone calls which I asked for them to stop..

 

reliableCollections7sept09edit.jpg

 

I also note that there are massive interest and admin chages (which total more than what they say I owe them) in the statement they sent which only goes back to 2004 - and not 02 when they say it all started. IT ITS IS UNENFORCABLE DOES IT MEAN CAN GET BACK ANY OF THESE HUGE CHARGES ???

 

Not sure where I stand on this one though???

 

ANYONE ??

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You need to work out if the charges would cancel out or leave a balance that you would be able to pay.

 

IMHO, If you are intending to use unenforceability due no signed agreement as a defence then I wouldnt attempt to pursue the charges.

 

If it goes to litigation then you cuold counterclaim for the charges at that stage.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

YES-any items on this one would have been paid for some while ago, meaning that all they are only chasing are excessive charges - 12 quids of everything in fact...

 

Can I use this fact against 'em in any way???

 

Whole thing is only worth around 200 squid!

 

Crazy that they have been so snotty about it even though they have failed to comply with CCA request. ..

 

I have found that the less the account is worth the nastier DCAs seem to be - that is the resason for this?

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Q, just as a matter of interest, have you worked out how much the charges would come to if you were to ask for them back or counterclaim ...

 

You can work them out using this spread sheet. There is somethign wierd and wonderful embedded in the spreadsheet that works out the number of days the charge has been on your account and how much you would get back with the 8% interest.

 

Scroll down the page to credit card charges and download the simple excel programme. Dead easy.. Even I managed to use it :p

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/118-interest-calculation-spreadsheets

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Fantastic news. Well done you. :D

 

Keep that letter safe.

 

Oh.. just realised.. I can change your title to reflect this success.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Fantastic news. Well done you. :D

 

Keep that letter safe.

 

Oh.. just realised.. I can change your title to reflect this success.

 

Thanks citizebB

 

I was most pleased with this result. I also wish to know what to answer to the following.

 

Their solicitor stated that although the collection activity would cease as they had no proper agreement, non- payment in respect to an "undisputed balance" would be reported to a licenced credit ref agency who would record it for a period of 6 years.

 

This seems quite wrong when they cannot furnish me with a signed agreement copy. Is this legal to be penalised when their is no agreement?

 

They also ask what my intentions will be regarding "future payments to this account." Second word is - OFF!

 

Opinions and suggestion for a follow up would be nice.....?

 

To be honest, credit ref means little to me as I tend to be cash only so their threat is rather feeble.

 

Nevertheless, my victory shows that without a correct agreement such bossy firms are stuffed! :D They pile on huge credit charges and interest and in the end it amounts to more than any good ever ordered .. :mad:

 

They got very nasty so I played them at their own game. :-)

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Would that be admitting there is a debt, jogs ?.

 

Q, I have linked you to a thread that will probably tick you off no end in respect of no valid agreements and reporting to CRAs.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2475139.html

 

From post 721 onward, obviously to get the whole picture you need to read from the beginning.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If they have no enforceable agreement then they have no rights under the Data Protection Act to use your name and address in any correspondence to a third party.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 4 weeks later...
If they have no enforceable agreement then they have no rights under the Data Protection Act to use your name and address in any correspondence to a third party.

 

Is there specific legislation that I could use to tell these twits to stop processing my data? I have no enforceable cca (no signed agreement - pre 2006). They refuse to stop processing my data for the purposes of credit reporting even though they haven't produced an agreement.

Welshwizard QC (Quite Content):rolleyes:

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Is there specific legislation that I could use to tell these twits to stop processing my data? I have no enforceable cca (no signed agreement - pre 2006). They refuse to stop processing my data for the purposes of credit reporting even though they haven't produced an agreement.

 

WW, have a read of the following thread:)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

 

HTH

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...

I NOW HAVE A LETTER OFF THEM WHICH SEEKS TO JUSTIFY THE FACT THAT THEY HAVE PROCESSED MY DATA WITOUT ANY SIGNATURE.

 

NO MENTION ANYMORE OF A DEBT.......... LOL

 

Their argument is that they have permission to process my data because of their data protection notification in their catalogues.

 

12 quid charges and interest do come out about the same as what they said I owed them too.

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