wescot .please help

[maggie]

Thank you Minky,

Sometimes I do feel like giving in,but then when I post on my thread,I know there is always someone there to help me,and pick me back up again.

Maggiexx

[maggie]

Oh!and Minky ,thank you very much for your good wishes.It means a lot.

 

Maggie

[TideTurner]

Hi Maggie,

 

Give in!! We're about to attack!

 

I can't see all of the dates on the statements to work out the interest you are owed. Can you do these so the dates can be seen. It is important because this could change the position in terms of who owes who considerably.

 

Thanks

 

Tide

[Tau]

Hi Maggie.

 

I'm so pleased that the tests all showed up clear. It must be a real weight off of your mind.

What a turn up for the book, Studio owing you money, greedy bar stewards.

Well go get them Superwoman, not far to go now, with Tides help you cant fail.

 

Good luck, nah its not luck, Its the Bull dog spirit and courage thats got you through.

 

You are one gutsy Lady:) As Kenny Everett would say. Its meant in the nicest possible way

[maggie]

Thank you Tau for your lovely compliments,but my courage is all down to this forum and you guys, especially Tide/SL and Andrew1.Without their never ending help and support,I would be a quivering wreck.Before last Xmas,I was really down,but Tide/SL and Andrew ,helped pull me through.As for my test results ,I am over the moon.I still have three tests to go,two of them very unpleasant and I am extremely nervous about them,but they have to be done,so I,ll just buckle down ,and get on with it.There are many,many people worse off than me healthwise,so at the moment I am counting myself lucky so far.I am determined to get there in the end.

 

 

Tide,

I have just sent you an e-mail with all the dates and amounts taken of charges/PPI.I appreciate your help in working the interest out ,as when it comes to things like this,I am a bit of a dumbo.The APR is 39.8%.

 

Maggie x

[cally78]

Hi Maggie

I have been following your thread. I am so glad that your test results were good. I wish you all the very best for the future. Your courage and determination is an inspiration. Well done and all the best

 

Louise

[maggie]

Thank you very much Cally.

 

Maggie

[TideTurner]

Maggie,

 

I have used the compound interest rate of 39.8% for this calculation.

 

Invoices £1102.86

Payments £1177.09

Balance £74.23

Charges £650.06

Interest £1189.60

Int & Charges £1839.66

 

I make this the amount owed to yourself as £1913.89.

 

Even at the statutory rate of 8%, the interest is £807.73 giving a total owed of £881.96.

 

We need to make Studio and TS aware of these figures.

 

Tide

[maggie]

Bl--------dy Hell!!!!!!!!!!!!!!!!!

 

Tide,thank you ever so much for working the interest rate out for me.I will inform T/S this morning by e-mail of this.

 

You are a Godsend.

I will post later and send you an e-mail.

 

Maggiexxx

[andrew1]

Bl--------dy Hell!!!!!!!!!!!!!!!!!

 

 

 

Maggiexxx

 

" Kisses for me - send all your kisses for me, "

 

Off now for a few days, well done Tide and good luck Maggie.. be good !

[maggie]

HaHahaha!!!!!!!!!!!!!!!!!!

 

Enjoy your few days off Andrew1

 

Maggie

[maggie]

Well,I don,t bl---dy beleive it.My son was on his way to work this morning ,when the telephone rang,he answered and a lady asked to speak to me.He called me as he knows I am waiting for a call from the Hospital about moving my test forward,when I came downstairs ,they had put the receiver down their end,and on dialling 1471,guess who,s number came up----Interim Justitia.Call logged at 08.34 a.m.

I have already informed the gentleman from Trading Standards of this ,as he has already written a letter to Interim to STOP contacting me,as the matter has been referred to the F.O.S.

i HAVE BEEN GIVEN THE DATES FOR BOTH MY TESTS FROM THE HoSPITAL,CAMERA DOWN INTO MY THROAT AND STOMACH,SCHEDULED FOR THE 21ST aUGUST,THE REMAINING SCAN SCHEDULED FOR THE 26 TH AUGUST.

Sorry about the above paragraph,my caps lock seized again.

 

Maggie

[maggie]

I have just received a response from Trading Standards on Interim Justitia.

He has informed me that he is now going to write them a letter informing them that he is reporting them to the Office Of Fair Trading Credit licence Dept. on their refusal to stop harrassing me,and of their unfair practices.

 

Maggie

[maggie]

And Stonelaughter,

 

Thanks for listening to me crying ,and for being a true friend ,and just being there!!

 

Maggie

[andrew1]

And Stonelaughter,

 

Thanks for listening to me crying ,and for being a true friend ,and just being there!!

 

Maggie

 

He's a true brick that one, a true brick. Keep your chin up Maggie.

 

I went to Stratford upon Avon recently, Interim have got a big place up there, next time I'll take a bag of rotten eggs with me with a little red dragon on and ' with love from Maggie' stamped alongside and lop them over the fence !

[maggie]

Oh ,if only Andrew1,

Thanks for making me laugh with your comments in the post above.

I have calmed down a little now,after a cup of tea and a few deep breaths,and listening to Stoney,s advice.

 

How did you enjoy your few days off?

 

I hope by Trading Standards reporting Interim Justitia to the Office of Fair Trading credit Licence Dept. will be like a good slap in the face to them.!!!!!

 

Been feeling quite ill the last week or so,everything just built up ,and the tears flowed.Stopped now though.

 

Maggiex

[andrew1]

Good to hear you laughing, as they say, if you feel sorry for the person you see with no shoes, think of those with no feet..

 

I had a very pleasant week, first for years, but Portugal was blue skies and not a cloud all week. Swimming pool, too much grog and lots of eating out. Refreshing believe me if you ever get a chance DO IT it's like a breath of fresh air. I left my mobile at home so no phones, no papers, no post and I came back charged up. There's another life out there. Picked up a summer cold from the 'air' on the plane so felt a bit naff this week, but it's given me a chance to catch up on a few things.

 

All this will be behind us all one of these days and the sun will shine once more. Look in the mirror give yourself a smile and realise how lovely you are. xx

[Movingon]

Thanks for the comments above; I'm happy to help

 

Maggie - you are as strong as an ox. I would not be able to speak if I were going through what you are going through... and yet there is fight left in you yet! Intrum Justicia are behaving in a way which I see as criminal. I'm being very careful not to libel them here; but I believe that they may be guilty of several offences under several Acts.

 

Reporting them to the Credit Licensing department of the OFT is a big step; it could theoretically result in the removal of their credit license and that is their core business. They would fold if that happened; completely and without trace. So - take heart! These people (I think of them as animals) need to realise that they cannot run rough-shod over other human beings. Like I said to you, if any more calls come in, log numbers, dates and times, and eventually call the Police - let Trading Standards carry on with their "angle" but also call the Police.

 

Under s.1 of the Protection from Harrassment Act 1997, a "person" who "takes a course of action" which could be construed by a reasonable person as harrassment is guilty of an Offence. Case Law (I can't remember exactly what but I believe it to be an established principle) has established that a corporate body CAN be a "person". With a prosecution for Harrassment under their belt and a complaint to the credit licensing body in the OFT in the offing, they are on VERY sticky ground.

[andrew1]

Stonelaughter -the man himself ! these are strong words indeed, you should join us in the Cabot Fan Club It would be interesting to see exactly how much ammo would be needed to actually have a license revoked especially upon someone like Interim. We have the same going on with Cabot and there are others like them heading the same way over serial breaches of Acts and regulations. What we haven't yet seen is any of these complaints to Trading Standards or the OFT being exercised and actually having the licenses revoked.

 

A year ago we were all aghast at the manner in which the banks were flouting laws of the land and getting away with it for years. Whilst DCA's and Bailiffs in the consumer market were regarded as the gutter businesses they remained unchecked and generally unregulated other than by their own 'boys club' - the CSA. ( Credit Services Agency). OFT had guidelines, but they rarely had any teeth through Trading Standards until recently with the advent of these forum.

 

What has transpired is that the DCA's began to be questioned and what has been unravelled, as we have found out is a vast deception and ignorance within these companies. We (in the Fan Club) have challenged so many things and got them against the wall. Take this published letter by the MD of Cabot he's their internal Lawyer/Director makes you want to squirm if this is what they believe: ( sorry Maggie taking up your space, but it's relevant )

 

 

I Quote "

Legal Misconceptions in Debt Sale and Administration

Glen Crawford, Managing Director, Cabot Financial Group explores the myths

All debt buyers and collection agencies have to deal with rogue customers who seek to raise spurious defences to avoid or delay payment of legitimate debts. Unfortunately, the growth in the use of websites for disgruntled or mischievous debtors to exchange often inaccurate, but plausible, information has created a number of misconceptions which have been picked up by well-meaning debt customers and advisors without access to proper legal advice.

 

Debtors are being encouraged by such websites, and ill-informed advisors, to use their rights to information under the Data Protection Act 1998 and the Consumer Credit Act 1974 as weapons against banks, other lenders and debt administration companies with a view to avoiding payment, having adverse entries removed from credit reference agency files and obtaining compensation in respect of those entries.

 

Of course, debtors may exercise their rights to obtain information for whatever reason they choose. However, it is not in anyone’s interest for debtors to be encouraged to use those rights in the false hope that they will thereby improve their credit ratings or obtain compensation.

 

Various websites assert that a creditor’s failure to provide information to a debtor in accordance with a request made under section 77, 78 or 97 of the Consumer Credit Act gives the debtor the right to have his credit reference agency files amended to delete records of his or her defaults under the agreement. In fact, where a creditor fails to provide information requested in accordance with any of those sections, what the Act does is to prevent the creditor from enforcing the agreement until the creditor provides the information:

“The creditor is not entitled, while the default continues, to enforce the agreement”: section 77(4)(a), 78(6)(a) and 97(3)(a).

 

That does not mean that the debtor ceases to be liable to repay the indebtedness in accordance with the terms of the agreement; nor does it mean that the debtor’s failure to meet his or her obligations under the agreement should no longer be recorded by credit reference agencies. What it means is that, until the creditor provides the information, the creditor cannot enforce the debt by issuing legal proceedings or by repossessing or realising any security.

 

It has also been asserted that any failure by a data controller to comply with its obligations under the Data Protection Act in relation to a debtor’s personal data will entitle the debtor to have adverse credit entries removed from credit reference agency files and to receive compensation. However, the Act only provides for personal data to be erased from records where the data is inaccurate, or where the data subject has suffered damage by reason of a data controller’s breach of the Act in respect of the data and there is a substantial risk of further contravention in respect of those data (see section 14). If a debt administration company had contravened a requirement of the Act in respect of a debtor’s personal data, the debt administration company’s contravention would not enable a court to order the removal of accurate information from a credit reference agency’s files.

 

In order for a debtor to receive compensation under the Data Protection Act, or to have accurate data erased, any financial damage suffered must have been caused by the data controller's contravention of the Act (see sections 13 and 14 and Johnson v The Medical Defence Union, Times 4th April 2006). Where, due to an accurate adverse credit history, a debtor is refused further credit or is offered a loan at a higher rate of interest than a person with a less adverse credit history, then it is the adverse credit history which causes any such loss as the debtor may suffer.

 

Creditors and debt administration companies disclose information to credit reference agencies about debtors’ conduct of their accounts because that disclosure is necessary for the purposes of legitimate interests pursued by the creditors, the debt administration companies and the credit reference agencies. Credit reference agencies hold such data and disclose it to prospective lenders because that is, similarly, necessary for the purposes of the same legitimate interests. Such disclosure and the maintenance of credit reference agency files play an important role in enabling lenders to assess the risks involved in proposed lending and to avoid irresponsible lending. Accordingly, the Data Protection Act permits disclosure of such information to and by those agencies without the debtor’s consent (see section 4, Schedule 1 and Schedule 2 of the Act, in particular paragraph 6 of Schedule 2).

 

Failure by a data controller to provide information to a debtor about the processing of his personal data might make the processing unfair, but, where that processing consists of disclosure of accurate data to a credit reference agency, the unfairness of failing to inform the debtor would not be the cause of any loss suffered by reason of the adverse nature of the data disclosed to the agency. Provided that the data was accurate, a fully informed debtor would not have been entitled to prevent its disclosure.

 

There are also popular misconceptions about the rights and obligations of debt purchase companies under the Consumer Credit Act. We do not believe that debt purchasers fall within the definition of “creditor” in section 189(1) of the Consumer Credit Act, because they take assignments of the rights, but not the duties, of creditors under consumer credit agreements: they collect the debts, but they do not themselves lend money. We believe that the Government’s decision to create a new category of business for which a licence is to be required, namely debt administration, when the Act is amended in April 2008, reflects the fact that debt administration companies are not creditors for the purposes of the Act. (When explaining the new category of licence during parliamentary debate, the Under-Secretary of State for Trade and Industry said that the category was intended to cover those who “purchase portfolios of existing loans and administer them”.) However, the fact that in our view debt purchase companies are not creditors does not mean that they are not entitled to enforce the debts that have been assigned to them, or which, in laymen’s terms, they have bought. As a legal assignee, under section 136 of the Law of Property Act 1925, a company which has bought a creditor’s rights under a credit agreement is entitled to sue the debtor for any repayment that remains due under the agreement.

 

It is worth pointing out that the Citizen’s Advice Bureau is currently pursuing a series of court cases which challenge the right of the debt purchasers to enforce regulated debts through the courts. The CAB’s argument appears to be that according to the definition of “creditor” under section 189 of the CCA, a purchaser must prove he has acquired the duties as well as the rights to a consumer credit agreement. This is an interesting assertion, but misses the point entirely on the basis that a debt purchaser needs only to be a legal assignee to enforce the credit agreement, which it is as soon as written notice of the assignment is given to the debtor. In my view, the actions of the CAB in these cases are ill conceived and in many ways the outcome of the cases themselves is entirely irrelevant.

 

Whatever the correct interpretation of the word “creditor” for the purposes of any relevant provisions of the Consumer Credit Act 1974, it is clearly important that debtors should have access to information relating to their debts and that all lenders, debt buyers and administrators should use all reasonable endeavours to assist in the provision of that information.

 

It is just a shame that there appear to be so many debtors, and apparently advice agencies, keen to frustrate attempts by legitimate businesses to seek payment of bona fide, and usually undisputed debts.

 

Glen Crawford

Managing Director

Cabot Financial Group. " unquote...

 

No wonder they are in a mess with this consumer backlash...I'd suggest Mr Crawford reads Surleybonds threads.!.... people take heart - we are winning

[maggie]

You can take as much space up as you like Andrew1,and Stoney, all your advice has been taken on board,I have my pen and paper at the ready,and if anyone from Interim Justitia happens to be following this thread,take heed that I WILL TAKE ACTION IF YOU DEEM TO CONTACT ME IN ANY WAY!!!!!!!!!!!!!

 

Enough is ENOUGH!!!!!!!

 

Maggie

[Finlay07]

I would be interested to know some of our more learned friends opinions on Mr Crawfords letter.

 

He should some time looking at his, and other, companies highly immoral practices (he himself says certain practices are unfair) instead of complaining about us prols fighting back. His company might then be better thought of.......................ok maybe not but you get my point.

[andrew1]

When they abide by the law, which is all we want, then they will be thought of better. Debt Collectors are always going to be with us whilst governments allow debt to be a part of life and education of our children sadly lacks financial tuition from an early age. It's no wonder debt is rampant it's what the banks want. I worked for a guy once who said to me when one of the staff wanted to borrow money from him, it's good they ask me because all the time they owe me they are loyal to me ! Had his measure from that moment on - pay them enough and they won't need to!

 

We in the Fan club do not advocate putting them out of business, although some of them surely need to be removed from the business map, we merely want them to abide by the law, nothing more. There's along way to go convincing them they are wrong because they are an arrogant bunch to deal with and skins of steel, we all know their ways and they do not listen. That's their first NVQ - 'learn not to listen'. We are pushing some to the very brink and developments over the next few months will be broadcast far and wide across this and other forum so all of you people with any connections with Debt Collection Agencies will be making them answer to you - NOT the other way around.

[maggie]

Interim Justitia called my home again at 09.45 a.m.

Logged call/date/time and will now inform my gentleman friend at Trading standards ,so he has a record of the call as weell.

 

Maggie

[maggie]

Sorry about the spelling of (weell).Slip of the fingers as I am shaking so hard.

 

Maggie

[Movingon]

RAWR!!! I am Maggie, HEAR ME ROAR!!!