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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • std letter the court send simply telling you the claimant has 28 days to do 'something' else the claim get autostayed.   go read a goof few 10's of PCN claimform threads.    
    • Update. I get the feeling they will try and take me all the way. Just have to wait and see. court letter..pdf
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HSBC - 5 calls this evening!!!


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i cannot understand why people give their telephone number to these companies'

 

Well if I was in a position where I thought that I wouldn't be able to pay back the borrowed money then I would have never have taken it in the beginning?:confused:

 

Unfortunately circumstances change.

 

Not sure that I would be boasting about supplying incorrect information though, surely that's against the law:p

 

 

 

Anyway, the Account in Dispute letter was signed for on the 14th July 2010 (Today):)

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Guest jsa12

some people these days' dont have home phone's,these companies will use this method of contact to abuse,hsbc gave me £8000 this rapidly monthly from a limit of £1500 straight after a mental health problem and on benefits i have been on benefits for over ten years,as you say circumstances do change then they should no better to try the tactics that they do.

 

a telephone is not there for nuisance callers' to cause needless anxiety distress trying to hassle at every opportunity and at times attempt to mislead,telephone conversations lead to great distress for many they will threaten you your home without any legal right to do so. just buy another sim card and do yourself a great favour,virgin sims do not disconnect after six months non use and auto dialer will bypass you.let them send letters instead get in writing and then straight to trading standards if they try one on.

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i cannot understand why people give their telephone number to these companies',while it is illegal to cause needless anxiety/nuisance over a public telephone network they will still do so. i give them an old virgin sim number,once i had a call from metropolitan the woman snapped at me "are you refusing to identify your self" who you speak to on your phone is up to you.they sit there waiting for someone to pick up that's why sometimes there is silent calls'.

 

beware of those who attempt to mislead who they really are,some time ago i received a suspicious call in the evening from a someone who couldn't help giggle rabbit on about life insurance and proporting to be from an american life insurance company.this i suspect was metropolitan.also the suspect MBNA "home owner loans for preferred customers" letters with a birmingham returns address on the back and a reference beginning MC offering to increase the debt to a total of £28,997.60 from £8000 unsecured the last thing someone would want to do.

 

here is how to do a dark strip in word downloaded from here at the forum.

 

 

if you truly have to use your signature, create a way that it would be hard to copy.

One good way that was recommended is to use a shaded text box. Especially if you sign over the edges.

To make a shaded text box in word:

Go to Insert, then Text box.

Move the cursor over the chevrons on the outside of the box and move the box to the desired location. Double click the box if they don't show.

Resize the box as required using the little circles on the chevrons on the outside of the box.

Double click the chevrons and a new box pops up. This allows you to enter the background colour, line colour and thickness.

I have used a standard box with a FILL COLOUR of -25 GREY.

 

 

 

 

and the anti-tamper sign, the bank will have your signature anyway so its really pointless sending in digital form.i would only send a digital signature if i had never signed something.i have been waiting for my cca since march from account opened 1996,they (metropolitan)went quite about the first months stopped payment and wrote the following month about making further payments as agreed totally ignoring refference to the previous cca request and follow up reminder,the account dispute letter was sent and a further letter arrived thanking me for my letter and would respond when in a position to do so,its nearly two months and nothing, no statement, no cca.i am really fed up with them because of the way they carried on in the past demanding substantial increases in payments then trying to hassle another pound on the phone,i would not speak to them on the telephone ever again,they did offer to settle at a discount of up to 30% last year and i hadn't heard from them since the letter two months ago.i have a feeling i will be waiting a while longer.

 

some people these days' dont have home phone's,these companies will use this method of contact to abuse,hsbc gave me £8000 this rapidly monthly from a limit of £1500 straight after a mental health problem and on benefits i have been on benefits for over ten years,as you say circumstances do change then they should no better to try the tactics that they do.

 

a telephone is not there for nuisance callers' to cause needless anxiety distress trying to hassle at every opportunity and at times attempt to mislead,telephone conversations lead to great distress for many they will threaten you your home without any legal right to do so. just buy another sim card and do yourself a great favour,virgin sims do not disconnect after six months non use and auto dialer will bypass you.let them send letters instead get in writing and then straight to trading standards if they try one on.

 

 

Just to confirm that no more calls are being received, a signature is not required and the account is now in dispute :-D

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Guest jsa12

thats good,i had suspicious calls on my home phone before it was disconnected some years' back in 2005 its a favorite tactic of metroplitan's although in the last few years i beleave they now have a call centre somewhere in the philippines,i am in a similar situation and have tried to share some of my experiences' with them.

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thats good,i had suspicious calls on my home phone before it was disconnected some years' back in 2005 its a favorite tactic of metroplitan's although in the last few years i beleave they now have a call centre somewhere in the philippines,i am in a similar situation and have tried to share some of my experiences' with them.

 

I shall post an update as and when I receive one:wink:

 

Since reading threads/posts on this forum I no longer ignore telephone calls, In fact I become quite disappointed when it's not someone asking for money:lol:

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LOL I'm with you on that one, there's nothing better than turning a mindless chattering untrained chimp into a mindless silent untrained chimp and then getting THEM to hang the phone up :D:D

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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LOL I'm with you on that one, there's nothing better than turning a mindless chattering untrained chimp into a mindless silent untrained chimp and then getting THEM to hang the phone up :D:D

 

I must admit I have had a few occasions where they have caught me off guard on a bad day:p

 

Halifax a while back for something like 73 quid... Companies chasing me for thousands and they're worried about 70 odd bloomin quid! Muppet's:grin:

 

You always end up chuckling. I particularly like it when they tell me not to swear or they'll hang up lol lol lol

 

They call US on OUR PRIVATE Numbers asking for money that we don't have and expect not to be sworn at??? and like I'LL be bothered if THEY hang up:grin:

 

I can think of a few words to express my views regarding this matter:lol:

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Guest jsa12
On the final day of the 12+2 Metropolitan have produced!

 

Not what I asked for but a response nonetheless

 

ScannedImage-4.jpg

 

The letter that was sent was signed by my other half but not using her usual signature.

 

I asked that she sign it with her first, middle and surname in her own hand writing.

 

This was completed and sent recorded with the £1 postal order.

 

As they have not complied with the request I am now going to proceed with the "Account in default" letter.

 

Can anyone think of any reason as to why I shouldn't do this? I'm sure I have also seen information on here that advises on such tactics used by these collection agencies so I'm off to search ;)

 

 

they are just stalling along,i sent them a signature on a grey background,having said that i still have not received a thing from metropolitan.the positive side is you have stopped paying them and importantly got them off the phone,the best place for them.i noticed in the last sixteen months' or so correspondence from them died out also.

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they will not have a copy of the sig anyway

typical MET

winging it at every step of the way.

 

they'll leave you alone now

 

ask for you £1 back!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they are just stalling along,i sent them a signature on a grey background,having said that i still have not received a thing from metropolitan.the positive side is you have stopped paying them and importantly got them off the phone,the best place for them.i noticed in the last sixteen months' or so correspondence from them died out also.

 

they will not have a copy of the sig anyway

typical MET

winging it at every step of the way.

 

they'll leave you alone now

 

ask for you £1 back!

 

dx

 

 

I don't think they have the signature any more either. If they have not replied within another 12+2 working days then I shall write again demanding that they return the money/

 

Thanks for your help :)

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  • 3 weeks later...
Guest jsa12

i am still waiting since march i have not received mine either,they are so supposed to send a statement of account too,i haven't not seen that either the service is atrocious,while there was no shortage of threats' and they will be back there is nothing else in sight.you may find that a "forget about it if you will" and a letter demanding a missed payment its "imperative" these must be on time to "avoid further action",then after the s10 letter a thank you for your letter and we will respond when in a position to do so.i do hope they are not misleading me as this oft statement comes to mind.

 

 

"hiding or disguising the fact that there was never a proper signed agreement in the first place".

 

 

i will give them a while longer,if nothing i will send this.

 

 

 

Final Response - No CCA Received

 

 

Dear Sirs,

 

Account No: XXXXXXXX

 

I write with reference to previous correspondence, and in particular to the above numbered account which, for ease and clarity, I hereby deem unenforceable in line with s.127(3) CCA(1974) and this letter is my final response on the matter.

 

In my original letter, dated XX/XX/XXXX, I requested a copy of the credit agreement to which I genuinely expected to receive an exact copy of that which you hold in your records i.e. an actual photocopy of the agreement which is allegedly signed by myself and your representative.

 

To date, no agreement has been sent and as a result this account is unenforceable in line with s.127(3) Consumer Credit Act 1974.

 

Whilst I appreciate that under the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 you are able to omit a signature and date box from a copy, I don't somehow think you are allowed to simply not respond / respond with junk? Therefore my original request remains outstanding as I would like to hold in my records an exact copy of the document that you hold. I do not want a piece of paper that alludes to there being an agreement; I would like a photocopy of the actual agreement.

 

I do not think it is a lot to ask for you to simply go and fetch the original agreement, photocopy it and pop it in an envelope to me. The only reason that I can presume avoidance of such a simple process is if you do not actually hold a copy of the original agreement in which case may I remind you that OFT Guidance clearly states that lenders would be acting unfairly, and potentially in breach of their consumer credit licenses, if they misled borrowers by:

 

• hiding or disguising the fact that there was never a proper signed agreement in the first place

• providing only a copy of the current terms and conditions, not the original ones

 

In order to be able to adjudge my position effectively I require a copy of the actual agreement that apparently exists and I therefore appeal to you to fulfil my request. I am willing to pay any reasonable charge that you feel is necessary, in order to provide a copy of the “actual” credit agreement. In considering my request, I ask that you take a common sense approach and do not hold to the line that you have provided all that is expected of you nor the recent test case in Manchester, namely, and to be known as: Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009).

 

I make my request in good faith and I feel it is a nonsense approach to hold to the idea that you won’t provide this document because you simply don’t have to. I feel that would take advantage of your position and such an approach from your business not be in the best interests of a healthy business/client relationship. In light of the above, I consider this account to be unenforceable until such time you properly comply with my original s.78 request and send a photocopy of the original purported document, if it exists. If it does not, then you must confirm this to me in line with your licensing guidance, as detailed above.

 

In addition should you continue to pursue me for this debt you will be in breach of OFT guidelines. These guidelines (issued July 2003 & updated December 2006) relate to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states;

 

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place; irrespective, unless you do supply a copy of the original agreement I will not correspond with you again and any threats will be averred and unlawful and vexatious with a counter-claim forthcoming.

 

Yours faithfully

 

 

Sign digitally

 

 

 

the benefit is that payments have now stopped,the account is in depute and it cannot be sold on.

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I have had the same with these people, they keep sending letters, but phone calls stopped. My account has been in dispute since last October, but they keep passing it around amongst debt collections agencies (most of which I suspect are in house) certainly MCS are! Each time I have sent a simple letter stating the account was put into dispute and gave them the date, they still continue to pass it around but I am no longer replying to them.

 

I get a letter a month approx but the gave me the run around on my SAR saying that I had to sign, I phoned their number and verified myself over the phone, I then had a letter in January saying that all my info had been sent to a local branch, so I left work early one day and low and behold, nothing waiting for me, then a contradicting letter came saying that they weren't going to send it!

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Guest jsa12

they are just giving the run around and are a complete shambles' of an organisation,it appears they once confirmed there is no cca but that has looked to be stopped as its counter productive to them.at least their not receiving any payments' and that can only be a good thing as its what they are supposed to be there for. its gone quite here for the time being,however from reading other threads other internal groups' become involved at a later date"the central debt recovery unit" and "d&g solicitor's" these appear from reading to carry on the earlier pattern of tripe.all this can be presented at a later date if necessary so that's a good thing too.

 

it all boils down to arrogance/incompetence and to rely on bullying to achieve their goals' when that fails they are completely stuffed.

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First the no signature letter and now this one?

 

ScannedImage.jpg

 

Sounds like someone is stalling? Is there an attack mode that can be adopted to force their hand or is it just a case of sit and wait???

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