*** Let's Start Fighting Back - With 1p Cheques ***

[angry cat]

you should have got a notice of assignment. From looking at the letter you received from hillesden regarding no cca it looks like hillesden are only collecting on behalf of citi as they state 'their client'. 'If' this is the case then hillesden will simply send the account back to citi if you cause them grief.

 

I think in any case you need to get citi to remove the default as they defaulted you not hillesden.

 

Just thinking outloud... Have you asked hillesden or citi to remove the default or told them why you are sending 1p cheques ?

 

The letter actually states:

 

"Account numberXXXXX Formally CitiFinancial Europe/Peoples Bank.

[Mr_Homer_J_Simpson]

George, make sure you fold them up a few times and then staple them about 6 times for good measure. Makes it an effing nightmare for them. But hey, if they want the money they'll have to work for it !

[Mr_Homer_J_Simpson]

Also George, the 44p odd is the cost to the bank, not Hillesden. I think most business accounts charge something like 5p - 10p for each cheque banked. But it's still 5x - 10x what they get from me & the time it takes them to process them.

[Mr_Homer_J_Simpson]

angry cat, can you provide more info on your success with the ICO against any DCA/CRA please ?

[Rooster-UK]

Think how miffed you'll be if some future litigation results in them repaying the money to you....

 

.......... in 1p cheques!

 

[Mr_Homer_J_Simpson]

Think how miffed you'll be if some future litigation results in them repaying the money to you....

 

.......... in 1p cheques!

 

 

 

haha, not at all as it doesn't cost me anything to bank them.............

[Rooster-UK]

Just think of the size of the paying-in slip.

[Mr_Homer_J_Simpson]

Lol, it would annoy me if they folded them up and stapled them loads though

[angry cat]

You will not get the Default removed by paying hundreds of 1 penny payments;

all that will acheive is, constantly re-affirming the debt.

 

Not a wise route, for anyone to take!

[Rooster-UK]

Lol, it would annoy me if they folded them up and stapled them loads though

It would annoy the banks, as well, if the staples went straight through the magnetic numbers at the bottom of the cheques.

[Mr_Homer_J_Simpson]

You will not get the Default removed by paying hundreds of 1 penny payments;

all that will acheive is, constantly re-affirming the debt.

 

Not a wise route, for anyone to take!

 

Having asked a few times, can you show how you've used your method via the ICO to beat them ?

[Mr_Homer_J_Simpson]

Also, now that I'll be using the FREEPOST address, I am able place a recorded delivery sticker on it and as it's a FREEPOST address, I ONLY pay the 74p for the recorded and DLC pay the rest under their freepost agreement with royal mail.

 

Having done quite a bit of DIY, I have plenty of heavy bits of plsterboard etc to send them, along with................. a 1p cheque (per box).

 

To all those that doubt this will work, all I ask is please come back in say 3-6 months.

Edited May 2, 2010 by Mr_Homer_J_Simpson

[angry cat]

If you have a valid and genuine dispute, why havn't you logged a formal complaint with the ICO ?

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

I have already told you!

 

And quoted the following:

 

You need to understand the, Data Protection Act as well as the CCA/Regs!

 

:

 

"Unresolved disputes

42 Lenders are faced with difficult decisions when considering recording defaults which are disputed by the customer. It is not our role to arbitrate in disputes between borrowers and lenders. However, when we consider complaints, we will conclude, where there is clear and sufficient evidence that a default has not occurred, that it is likely that the lender has not complied with the data protection principle which requires that personal data are accurate.

43 If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.

44 These are difficult judgements to make. Although none of the following will necessarily be conclusive, we will take into account these factors.

Is the customer able to produce evidence that they disputed that a default occurred?

Did the customer dispute the default before the lender announced their intention to file a default or after?

What is the nature of the dispute? For instance, does the customer allege that the agreement has been breached, for example, because the goods supplied were faulty, or does the customer simply dispute the amount of the default?

What evidence has the customer produced to support their side of the dispute?

Has the lender simply ignored this evidence or have they produced evidence to support their version of events?

If the goods financed were supplied by a third party, has the lender taken reasonable steps to check the accuracy of the information supplied about the dispute?

Version 3 Defaults: A guidance note

02.08. 2007

16

Does the customer argue that payment is owed not by them but by a third party such as an insurance company, and, if so, is there any evidence?

Has the customer told the lender that they are exercising set- off rights?

Is the customer defending a court action by the lender to obtain a judgment, and what is the nature of their defence?

Has a court refused judgment to the lender and, if so, on what grounds?

If the dispute has not been before a court, is the lender prepared to test their claim by seeking a CCJ or decree against the customer? If not, why not?

45 We will not necessarily ask a lender to remove default records while they are carrying out their initial investigation to establish whether a dispute is genuine, reasonable or unsolved. However, there should be no unnecessary delay in this investigation. In these circumstances, defaulted accounts under investigation should be marked as ‘under query’ on the credit reference agency file."

[Mr_Homer_J_Simpson]

I asked you if you had been successful with this and you said yes, but you keep just posting the same thing. Can you show me your success ?

[angry cat]

I asked you if you had been successful with this and you said yes, but you keep just posting the same thing. Can you show me your success ?

 

 

 

No, because I question your motive.

 

However, having given you the key: ICO Technical Guideance it is up to you to follow same.

[Mr_Homer_J_Simpson]

My motive ?

 

To beat them, what else ?

 

See first post:-

 

Q. Why do you want to achieve with this ?

A. The primary goal is to have the account either settled for a very small amount (say 5%) and have it completely removed from my credit file, not marked as 'settled' or 'partially settled' as well as remove the default. The second goal is to cost them time & money each month until I achieve my first goal !

 

having given you the key: ICO Technical Guideance it is up to you to follow same.

 

And as I've said, they (ICO) along with the FSA & OFT are as much use as a chocolate teapot.

Edited May 2, 2010 by Mr_Homer_J_Simpson

[PriorityOne]

Also, now that I'll be using the FREEPOST address, I am able place a recorded delivery sticker on it and as it's a FREEPOST address, I ONLY pay the 74p for the recorded and DLC pay the rest under their freepost agreement with royal mail.

 

Having done quite a bit of DIY, I have plenty of heavy bits of plsterboard etc to send them, along with................. a 1p cheque (per box).

 

To all those that doubt this will work, all I ask is please come back in say 3-6 months.

 

For anyone still reading this ridiculous thread....

 

Homer has an UNENFORCEABLE AGREEMENT. Yet he is paying anyway .... albeit in loads of 1p cheques, plus the 74p in postage each time (see above), plus paying for printer ink. So in a nutshell he is paying them to cash these cheques. It may be costing them more than it is Homer, but Homer is paying them anyway, when they don't have any legal right to receive his money anyway... 1p or otherwise.

 

They may well get p*ssed off with your 1p cheques Homer.... but will not remove the default merely because they are p*ssed off with your 1p cheques. The best you can hope for is for them to stop cashing them and leave the default standing.... thereby achieving absolutely nothing at all except making payments for.... well.... nothing at all!

 

That's why you're funny...

[tindwcel]

If I was Homer's own bank I wouldn't be very happy about this, and would think seriously about letting him have a new cheque book!

[Pinky69]

Priority ! And there is more! The bit that would be amusing if it wasn't a sign of total stupidity is that he keeps preventing the debt from ever becoming SB'd with every cheque he sends AND this is his quest to get them to remove a default - only he forgot to tell them why he is doing it! LOL!:lol: You couldn't make it up!

[Mr_Homer_J_Simpson]

That's it folks. Ignore the troll.

 

Didn't take you long to come back did it ?

 

Not forgotten to tell them at all, was checking to see if they would actually cash them. And I'm glad they did as they are now already out of pocket. Once highlighted to them, they should realise that it's not an empty threat and that I will continue to send them money by means that will lose them money.

 

But of course you and priorityone will continue to make usless posts and no doubt clear off once I posted that they give in.

Edited May 2, 2010 by Mr_Homer_J_Simpson

[Mr_Homer_J_Simpson]

1p cheque in a box with a load of plasterboard = one less trip to the tip = save money on fuel.

 

74p on recorded delivery ensures I can prove they received the item, and therefore payed over £5 for the 'FREEPOST' and then another few pence to cash the cheque.

 

 

Total cost to me, 75p (which is offset by the saving in fuel) = over £5 for them as well as the hastle.

 

If they don't want to accept the plasterboard as partial payment, they could always send it back to me at their expense.

Edited May 2, 2010 by Mr_Homer_J_Simpson

[angry cat]

by Priority One:

For anyone still reading this ridiculous thread....

 

Homer has an UNENFORCEABLE AGREEMENT. Yet he is paying anyway .... albeit in loads of 1p cheques, plus the 74p in postage each time (see above), plus paying for printer ink. So in a nutshell he is paying them to cash these cheques. It may be costing them more than it is Homer, but Homer is paying them anyway, when they don't have any legal right to receive his money anyway... 1p or otherwise.

 

They may well get p*ssed off with your 1p cheques Homer.... but will not remove the default merely because they are p*ssed off with your 1p cheques. The best you can hope for is for them to stop cashing them and leave the default standing.... thereby achieving absolutely nothing at all except making payments for.... well.... nothing at all!

 

That's why you're funny...

 

Priority ! And there is more! The bit that would be amusing if it wasn't a sign of total stupidity is that he keeps preventing the debt from ever becoming SB'd with every cheque he sends AND this is his quest to get them to remove a default - only he forgot to tell them why he is doing it! LOL!:lol: You couldn't make it up!

 

Homer, your course of action is ridiculous and makes for no sense!

[Pinky69]

I came back to have a good laugh! I promise you I WILL go away when they remove the default entry as a result of your penny cheques!

[Mr_Homer_J_Simpson]

Wow, three long term 'helpful' posters are here to stay then.

 

Enjoy yourselves..............

[PriorityOne]

Wow, three long term 'helpful' posters are here to stay then.

 

Enjoy yourselves..............