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Cap1 & CCA return


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How long is a while ago?

 

They have 12 working days to supply the copy of the CCA, if they dont comply they cannot enforce the debt whilst they are in default

 

Even when they supply it, it is likely the document will not comply

 

Basically, until they send the copy sit back and relax, ignore their threats they cannot do anything

 

Once they supply the document, get it scanned and put it up here so we can advise

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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thanks for your help mate - they havent replied and its more than 12 days now since i requested it. They havent got back to me yet.

 

So will the scrub the debt and leave a default on my credit file or does it go to court?

 

as ive said mate - not sure how it all works

 

thanks for your help thus far

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This is my first post and I am totally new to all this, so I'm not sure if this is the right place for my post, but here goes:

 

I have a MINT credit card issued by the Royal Bank of Scotland around 2004/2005 on which there is an 'alleged' balance of £8198.00.

 

I happened to come across a BBC video interview with Basil Rankine of Credit Card Killer I decided to run with them who passed me to their associate, Mr. Roy Bramble of Birmingham who said that upon receipt of the sum of £55.00 he would apply to RBS for a copy of my Credit Card Agreement. After inspecting the agreement he would be able to tell me for certain whether my agreement was enforceable or not. He did state that it can often take 'some considerable time' for the banks to comply with such requests, but to be patient as there was an 85% chance that the agreement would prove to be unenforceable.

 

I duly sent him my cheque for £55.00 together with the documents he requested (authority to act etc) and received the following reply on 29th February 2008

 

 

Dear Mr ***

Re: MINT – Royal Bank of Scotland

Credit Card Killer Service

Thank you for completing and returning the documents, we are emailing you to confirm safe receipt of them.

 

Please check to see if you have any terms & condition booklets that your credit card lender has sent you. If you have them please send those to us as it can help to speed up the process.

Please can you confirm your new address.

We will be in contact with you once we are in receipt of the documents that we require from your lender, and we have assessed them.

The time it takes to write-off your credit card balance depends on several factors, also we are relying on your lender to cooperate quickly. However we will ensure that your application takes the least amount of time possible.

Yours sincerely

Roy Bramble

Roy Bramble

Cottage Springs

 

This is the last communication I have received from Mr. Bramble.

 

When I now log on to Credit Card Killer it takes me to a new site under the name of Cartel Client Review. When I rang them they were familiar with creditcardkiller and Mr Bramble, and it would seem that they have taken over the business of creditcardkiller but are always rather vague. They are now offering a very similar service themselves, but at considerably higher costs. They always seem extremely busy and always promise to 'get back' to me but rarely do.

 

As it is now 74 days since I last heard from Mr. Bramble (he does not publish his phone number), I presume that, if he did, in fact, request my agreement from RBS, then they must be in default by now.

 

In the meantime I have had all sorts of threatening letters from Intrum Justitia, designed to fill me with fear and panic. After doing a little research on the net, I sent them the following letter on 9th April 2008:

Dear Sirs,

WITHOUT PREJUDICE

Re: RBS Mint

In my letter to you dated March 29th I requested that you stop pursuing me, as the matter is officially in dispute. My case is being handled by Mr. Roy Bramble, who is still awaiting a reply to his request to Royal Bank of Scotland. When he receives a reply to his inquiry, the whole matter should be able to be resolved without further delay. So it would appear that the only obstacle in resolving this matter is Royal Bank of Scotland’s lack of response to Mr. Brambles’ legitimate request.

 

You have now sent me another letter, threatening me with further, unspecified action.

 

I have taken legal advice on this matter and understand that all creditors are warned by the Office of Fair Trading under the Debt Collection Guidance that the following practices are "considered unfair":

 

Asking me to contact you on premium rate numbers

Pressurising me to pay in full or in large instalments I cannot afford

Ignoring disputes about whether I owe the money

Refusing to deal with an adviser acting on my behalf

 

I am therefore writing to inform you that I am familiar with the terms of Section 40 of the Administration of Justice Act and I now formally ask you to desist from writing to me whilst this matter is in dispute. Any communication should be addressed to my financial adviser, Mr. Roy Bramble, whose address you already have. Please confirm to me your agreement to this arrangement

 

I am fully aware of the OFT Debt Collection Guidance, and I will consider making a complaint about your behaviour under the guidance, both to the Office of Fair Trading and the appropriate Trading Standards Office, should there be any further breaches.

 

I am also advised that any further breaches may also constitute an offence under the Prevention from Harassment Act 1997

I would ask you to direct your energy towards the Royal Bank of Scotland, and ask them to reply to Mr. Brambles’ letter so that the whole matter can be brought to a final conclusion without further delay.

 

Yours faithfully,

I have not heard a whisper from Intrum Justitia, nor from RBS for that matter, since then.

 

 

So I am not getting any meaningful communication from anyone - RBS, Intrum Justitia, creditcardkiller, Mr. Bramble, Cartel Client Review - no one.

 

What should I do (if anything!).

 

Please help.

 

Many thanks

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What should I do (if anything!).

 

you have already started doing something and that is taking care of this matter on your own which you seem are quite capable of doing will wait to see if one of the mods can start a new thread for you then you will get all the help you certainly need tom or paul are online i think so they will guide you through the process good luck mate

patrickq1

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Welcome Krisspy, as Patrickq has said.. you have made a start by finding GAG.. if you have a read here

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

you will be able to start your own thread where you will get more help on your particular situation.. You might get a bit lost on this huge thread. :D

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come on guys krispy needs help gettin shafted aint pleasant constructive help on this [EDIT] would be applicable in this case sounds like (obtaining monies by deception) though mr bramble keep s moving on and under different guises so how is he managing to get away with it ,and what sort of consumer trading licence does he have so a thorough check for the FOS/TRADING STANDARDS AND FSA ARE THE ORDER OF THE DAY then we can help krispy with what he /she needs to do constructively towards help for any debts ok guys

patrickq1

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Wow, thanks fellers, I'm impressed! Noomill, you should set up a detective agency! I think I will give Mr Bramble a ring in the morning and ask him what he has spent my £55 on and how much longer he is going to wait for RBS to reply (assuming he actually wrote to them!)

 

I will let you know my results.

 

Thanks again, chaps.

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Please help!

 

Have had court papers from Link and could do with some serious advice asap

 

Here's a link to my thread

 

http://www.consumeractiongroup.co.uk/forum/mbna/77464-pudsters14-mbna-2.html

 

Thanks

 

Pudst

x x x x

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Hi all,

 

Following the excellent advice on here after lurking for a little while I've sent in 3 CCA requests to the 3 lenders that wer/are p**8ing me about the most (so far out of the dozen credit arrangements I appear to have in place). THese wre all sent signed for, and I have delivery proof for them all dated 28/04/08.

 

So far LloydsTSB c/c and MBNA c/c have declined to reply, however Barclaycard Masterloan have

 

Hopefully this is a link to the thread http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/144720-pointbreak-barclaycard-masterloan-ppi.html

 

any comments warmly welcomes as will be thoughts on next steps, gotta go the whole hog on this lot as I can't possibly make things any worse

 

regards

 

Pointbreak

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I referred my case to my MP because TS hadn't contacted me for ages. This is the response that the MP got:

 

In addition, we are not informed that an alleged failure by a creditor, to give a default notice when requested of them, will be de-criminalised by the UK implementation of legislation under the Unfair Commercial Practices Directive, along with other major legislative changes being introduced later this month.

 

What the hell are they talking about? Despite talking at length with my MP about this - he has just forwarded me the letter without comment: He knows that it's about CCA requst and not default request. He's a labour MP though, so I don't really expect anything else.

 

Anynoe know what changes they are talking about?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Just had a look at the directive....couldnt see how it affects you ???

 

Unfair Commercial Practices Directive - BERR

 

the pdf's are on the right

 

Dave

Edited by davefirewalker
couldnt tell left from right :)

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Just had a look at the directive....couldnt see how it affects you ???

 

Unfair Commercial Practices Directive - BERR

 

the pdf's are on the left

 

Dave

 

I know, tell me about it!

 

I don't have any faith in my MP anyway to be honest - but this is my last resort.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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He's a labour MP though

wot the hell do you expect from a labour mp social climbers theyre as bad as rats,,,,send the letter to his opposition in your area beleive me he will get hauled over the coals and i left jack straw and all the top ministers personel e mails on a thread somewhere today get your e mails out to all of them everyone and let them know just how dissapointed you are after voting for these cronies and showing your loyalty all these years you are now seriously considering the tories and send a copy to the shadow minister opposite jack straw lol this will work start at the top uni they also have to reply within 20 days

patrickq1

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He's a labour MP though

wot the hell do you expect from a labour mp social climbers theyre as bad as rats,,,,send the letter to his opposition in your area beleive me he will get hauled over the coals and i left jack straw and all the top ministers personel e mails on a thread somewhere today get your e mails out to all of them everyone and let them know just how dissapointed you are after voting for these cronies and showing your loyalty all these years you are now seriously considering the tories and send a copy to the shadow minister opposite jack straw lol this will work start at the top uni they also have to reply within 20 days

patrickq1

 

How do I find out who the opposition MP is in my area? It's (unfortunately) a labour area.

 

Sending emails to the shadow secretary is a great idea - I'll do that too!!

 

Who is the shadow minister for the DTI?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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How do I find out who the opposition MP is in my area? It's (unfortunately) a labour area.

 

Sending emails to the shadow secretary is a great idea - I'll do that too!!

 

Who is the shadow minister for the DTI?

 

Apparently its Alan Duncan

 

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

 

Business, Enterprise and Regulatory Reform

Shadow Secretary of State for Business, Enterprise & Regulatory Reform Alan Duncan

 

Frontbench Team Mark Prisk

Jonathan Djanogly

Charles Hendry

 

House of Lords Baroness Wilcox

 

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

 

got this from their website......

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Apparently its Alan Duncan

 

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

 

Business, Enterprise and Regulatory Reform

Shadow Secretary of State for Business, Enterprise & Regulatory Reform Alan Duncan

 

Frontbench Team Mark Prisk

Jonathan Djanogly

Charles Hendry

 

House of Lords Baroness Wilcox

 

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

 

got this from their website......

 

Dave

 

 

Thanks Dave!! I've got to send something else to the Labour one, so I'll let him know that I''ll forward the case on to Alan Duncan too!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Uni

 

T/S Are a joke.

They told me that its not in the publics interest to help me and as it is over 6 months since the offence has happened they can do nothing.

 

Total waste of space.

 

HAK

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