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    • orbit are another name for payplan debt advisors. supposed to be free but I bet she got charged for the visit on her bill.   yes to mediation 1 wit you 3 copies   don't forget you each need to do the N180. and each need to send a copy to the court and the claimant sols or the claimant if they don't appoint a new lot   your issues can be drummed out in the mediation session.  
    • I thought that as it was an eviction, court order etc that it was recorded, I ask as its asked on new tenancy applications if the applicant or anyone moving with them has been evicted in the last 7 years, and some councils will not re-home anyone or anyone that has a person moving with them if they have been evicted in the last 7  years.  So am wondering if that's because after 7 years the eviction isn't on record. As is an old debt dropping off records after 6 years.   Trying to get a reduced payment on the balance of old rent arrears to get it paid off asap but the old landlord is threatening it will affect any future applications for housing if this is achieved.  If we could borrow the full amount we would and get rid of it, but we cant.  The old landlord will never again be a landlord to us but its just if the bad experience with them will affect us in the future if we get a reduced amount and shake them off now.
    • i thank you for advice Bankfodder,  im sorry you or your team are to busy to correct my mistakes but given the fact that i have physical & mental impairments  and  only recently begun learning how to use a computer and the internet  i thought i was doing okay but obviously not, word of advice for you stop and think before you judge in the future and stop being so patronising, REGARDS.
    • Hi -    I have been having trouble receiving any compensation (or even any engagement) from a parcel I sent via MyHermes/Packlink.   I'll relate the story via a time-line:   19/01/2020 Sold item on ebay. Item details as follows: Jane Matrix Light 2 - Multifunction Infant Car Seat. Boxed and as new - Value £100.   20/01/2020 Looking into posting the item I see that ebay now offer a complete service whereby you can pay and print packing labels, etc. They allow option to Choose Courier so I did so and selected MyHermes. Paid for postage, printed label and arranged pick up by local courier. Postage costs £7.39 and insurance paid for.   22/01/2020 Courier picked up parcel and gave me tracking number. Check tracking daily from this point on.   27/01/2020 First mention of any trouble on tracking info: "We're not able to deliver your parcel to the address we have. Please get in touch so we can get it back on its way to you."   28/01/2020 Ring Hermes customer services. Confirm recipient address details etc. They say they'll attempt redeliver.   30/01/2020 Parcel has still not arrived so ring customer services again. They admit parcel misplaced but that they'll do a "depot sweep". This is unsuccessful so they direct me to filling out claim forms. It then emerges that Hermes are not accepting that it is them that I'm dealing with and direct me towards a company called "Pack Link". This is literally the first time I have heard of them, I do not remember seeing anything relating to them when paying and booking postage. However, I go do the route of filling out their forms etc.        From this point until today, I have been in touch with Packlink approximately every day. They keep replying to me that they need some kind of new proof of purchase/proof of value etc (screengrabs and the like) but despite complying with requests throughout they always say something like "that screengrab is too small" or "it's blurry". I have been meticulous in providing them with multiple proofs and multiple formats (even painstakingly making pdfs and word docs with very clearly visible information) but they still reply that they need other proof. They have now stopped responding altogether.    If I then take the complain to Hermes, they completely brush it off and tell me that my contract is with Packlink. I note that Packlink are based in Spain, making it near impossible to pursue any kind of grievance procedure with them.     Does anyone please have any advice as to this matter? Is it worth me taking Hermes to the Small Claims Court, or would that likely be brushed off due to "contract being with Packlink"?   I would be immensely grateful for any help and advice - as it stands at the moment I am £107 out of pocket as, out of decency, I have refunded the party that purchased the item. My complaint seems to be on standstill so I am at a loss of what to do now.     Thankyou in advance,          
    • don't think it is recorded anywhere other than with the lender.?   dx    
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Gaznkaz08

Are overdrafts covered by cca's

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Hi,

 

Well I've already sent them the "in dispute" letter, as this response is well outside the 12 &2 day cca time frame.

 

I'm unfamiliar with the McGuff ruling (sorry to be out of touch!), what impact will it have on the situation of those who are challenging banks when they don't/won't produce a CCA for their OD ?

 

What defence do we have with ODs and no agreements, compared to those that we have on similar situations with credit cards & loans ?

 

Abs x:)

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Hi,

 

Well I've already sent them the "in dispute" letter, as this response is well outside the 12 &2 day cca time frame.

 

I'm unfamiliar with the McGuff ruling (sorry to be out of touch!), what impact will it have on the situation of those who are challenging banks when they don't/won't produce a CCA for their OD ?

 

What defence do we have with ODs and no agreements, compared to those that we have on similar situations with credit cards & loans ?

 

Abs x:)

 

McGuffick was basically the judicial system saying "up yours.... claim firms".. i.e. the ones who said do a s77/s78 request and if they dont comply take them to court to demand unenforcability... the judge basically said that recording bad/late payment markers on the credit file is allowed as its not an enforcement action.

 

Basically it appears the defence of not complying with s78 has been removed BUT they still need something to show the court to say an agreement existed.

 

S.


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Ok ... would you advise sticking to my "no agreement, no payment" stance - and just see where it takes me (and others in a similar position who are reading this thread) ?

 

Abs x:)

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Think the McGuffick case actually invited the banks into a potentially explosive 'false sense of security' actually. Many people will challenge the 'rules' surrounding an OD and ask for proof of any agreement and typically the banks state an OD is not regulated by CCA law, usually choosing to uncomplicate things by ignoring the exemptions aspect of their 'right' not to have to produce a regulated agreement.

 

Whilst any dispute continues the bank will register a default on your credit file safe in the knowledge that this is not considered to be an act of enforcement, thanks to the McGuffick ruling.

 

This of course does not mean that the registering of that default was appropriate, justified or correct. For those who have such an entry made against them that is subsequently found to have been incorrect an injury to credit claim or counterclaim could be anticipated. All the more so for someone with a previously unblemished credit file.

 

Given the increasing level of argument and lack of documentation the banks have frequently failed to preserve it can only be a matter of time before such claims will become commonplace. If they do it will no doubt be in part to the implied presumption of the banks that the McGuffick ruling effectively made it 'OK' to deface individual credit files on masse when in fact there always should have been an overriding emphasis of responsibillity in recording such notices on credit files, as intended by the CCA legislation in the first place.

 

Bankers appear to have short and very selective memory however and clearly this 'now justified permission' to issue DN's like candy will at some point in the future become a larger issue of contention than it appears to be today.


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well we've still had nothing back from DLC/Hillesdean/DL&C for ours other than the std mcguffick letters, that case doesn't apply to me as

 

WE won't be taking them to court

they haven't got any paperwork yet so can't apply a default as per the case

in any case i've already got a default on my CF anyway re this acc so thay can't put another one on

 

we've had a few calls, and a "contact us urgently" letter but nothing else

 

they've been CCA'd and it's been put in dispute and all they can do is quote inapplicable case law at the minute

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Hi ..

 

I also won't be taking NW to court over the OD, but bearing in mind their response to my CCA request saying that ODs are only partly covered by the CCA74 - in respect of reporting ... what would be the best next move for me?

 

My original CCA request included the following regarding the regulation of ODs under the CCA74 ..

"you will be aware that an overdraft is a debtor creditor agreement as defined under section 8 and 13 of the Consumer Credit Act 1974 (CCA74), and is a running credit account as defined in section 10. Accordingly, s78(1) of the CCA74 sets out quite clearly what is required in order for you to comply with my request, and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. (I then went on with the standard CCA request letter)

 

The register of a default doesn't bother me, but what does worry me, is NW or their reps getting this into court .... in this case shall I just keep re-sending the "in dispute " letter, including ref to the above as defence to any possible litigation

Any thoughts ?

 

Abs x:confused:

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Abby

 

I suspect FOS will be useless (as usual!) - but it might be worth contacting them in any case just to see if they can help - especially if NW do threaten court action. If nothing else it delays things while FOS investigate - at NW's cost of ££££ and hassle!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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subbing for reference. Thanks

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subbing

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I don't suppose someone can have a peek at my thread below?? Please, pretty please....

 

I got a ccj 2 years ago about a NW overdraft debt.

There is a discrepancy about the balance anyway: Solicitors claim total is x amount; NW claim total is y amount.

ccj is on x amount which solicitors say is the total debt to NW.

But NW keep sending interest accruing statements on y amount, despite having the ccj and a payment plan with solicitors on x amount.

x amount is a fifth of the y amount NW say is the total debt.

 

Now I have read this thread I am wondering if I can get the ccj set aside and the OD proven unenforcable ??

 

Advice is really, really appreciated as the solicitors have just sent a letter asking me to increase the monthly payments or they will re-start legal action against me...

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/258751-hp-mum-nat-west-new-post.html

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well had an update today on one off the acc's, after a bit of letter tennis. Barclays can't provide DLC/hillesdean with the required paperwork, so the acc's on hold with nothing else going to happen unless the correct doc's appear. (never gonna happen)

 

and the default fell off the credit file last month as well :D

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I'm in a current tennis game with Credit Security (DCA for \Barclaycard). How old is your CCA? I suspect mine (predating 1999 but not sure exactly when) is lost too? (I hope so!)

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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I'm in a current tennis game with Credit Security (DCA for \Barclaycard). How old is your CCA? I suspect mine (predating 1999 but not sure exactly when) is lost too? (I hope so!)

 

BD

 

 

this thread was regarding a barclays OD, but i have had a dca comeback with no CCA in exsistance for barclaycard. I've even got a letter from them when i asked about a PPI claim saying they had no record of any account for me.

 

mine was around the same time as yours.

 

maybe try contacting B'card yourself with the account number, if they write back saying no record as well, forward that to the DCA then tell them to do one :)

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G

 

OK thanks.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Hi, I have my own thread regarding my od - which has a faulty DN - and whereby the bank has disputed regulation under the act, save for the issue of a default notice which they say they must strictly adhere to .

 

I have recd today a offer of a reduced settlement ...

 

Anyways, I have been directed to this thread by one of the site team, and had a good read ... its all a bit much to take in at the moment, but wondered if you thought this letter is ok to send back to the bank ...

 

Or if you can suggest any amendments, or know of a better one ?

 

Also, I read here that the original od letter must contain the procedure to terminate the agreement.

 

My original OD letter has the agreed od limit, monthly and annual interest rate, but with regards to termination it says " your overdraft is reapayble upon demand. But if we increase or reduce your overdraft, we'll write to you three weeks beforehand". Does this mean the requirements for detailing the procedure to close?

 

Desperate for any help ... as I say I have a thread of my own, so don;t mean to hijack, but seeing that lots of people are contributing to this though it would give me a good chance to post this letter up, to get lots of points of view ... hope ok.:)

Edited by robinredbreast
attachment removed

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RR

 

HBOS are currently using the "overdrafts not covered by CCA" excuse to try to wriggle out of the current case against them in Glasgow Sheriff Court ( see the thread and Govan Law Centre's own web site for more info). It looks as if we'll get an answer to this before long.

 

Keep your od facility letter safe - few people still have these - and the banks tend to lose them too after a number of years!

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Ok thanks for that ... do you think I should send the letter I posted up?

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RR

 

I would look at the letter on the GLC web site (after the SC ruling) and see if there are any points in it worth incorporating in your suggested letter.

 

Good luck!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Thanks for your help BD .. will do as you suggest .. who/what are the GLC website ... just to make sure I get the right one ..

 

Robin

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Govan Law Centre - just google it


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Sorry to be a pain ... thanks BD ... off to google right now .. !!

 

Thanks again for your advice ...

 

Robin

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You're most welcome!


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Subbing this argument is going to run and run.

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