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    • whitelist - the same with mine....the battery had a mind of its own. i bought it for my Son...he'd shut it down and it would be completely off but the power light would either stay on or flash...also it wouldnt start properly, had cmos errors on boot and other stuff.   i bought it through HP store on ebay ..brand new. after 6 days of receipt i recieced an email from HP asking if i was happy...i returned an email saying no and that i want to send it back as it was faulty (basically the email served as a reminder for me to leave them good feedback lol...not as a geniune enquiry to actually make sure i was happy with as they didnt reolve the issue when i was not) after trying to sort it for a couple of months with HP not replying, not offering a solution etc i finally got passed tech support who confirmed it was faulty. i then had to return it to their factory. this is where its gets beyond worse...waited 3 times for parcelforce to collect - they didnt. in the end HP sent me a label which i had to take to the post office - not good as im disabled with a mobility disability. then they asked for my bank account number to issue the refund. they hardly ever replied to my emails and it took over a month and a half to refund me once they had received the laptop back. no explanation, no progress emails, no updates. i kept emailing them on a daily basis as no one would reply to my emails through the website, forum, internal email addresses and even phoned 3 different departments who basically had no idea what to do or what was going on and did not help...they couldnt even tell me when the refund would be issued, let alone why it hadnt been done already. on the forums theres other customers who've had to wait 6 weeks , 2 months , over 2 months etc...it seems as though HP like to with hold peoples money to earn interest on the money in their account. i spents days phoning and emailing them - even sent a recorded letter. at the begining i phoned citizens advice and they said i am entitled to put back into the same financial position as before i lost the out of pocket expenses ie: compensation for my time and recorded letter sent etc. ive started a martin lewis 'resolver' case with them and basically in a snotty reply they told me im not entitled to compensation which is contradictory to what citizens advice told me. i was just wondering if theres any .gov website or law/legislation that i could reply with and say "no your wrong - please compensate me"
    • LBC is here. Complete with a note showing a phantom payment. What to do next?
    • I suppose it doesn't make a massive amount of difference as Kev has never had the guts to do court - well at least not yet - but to me the number of cards played still needs to be reduced.  Given the OP has already referred to the "very busy and overflowing car park" in the appeal I'd refer to that and tell Kev to go and look up case no.3JD08399.
    • thanks ftmdave again for the help with letter. thanks lookinforinfo for the info, im glad i found this forum as its a great comfort and relief to know ive dont the right thing as i wasnt too sure at first. and good to know what excel are really like.   thanks guys.
    • Hello!  First timer on here, discovered this amazing site and threads on debt issues only yesterday. After never having a bad debt in my life, almost 2.5 years ago I was scammed by my now-ex partner who calculatingly manipulated me into taking out a bounceback loan, 2 personal loans and a credit card.  He took all the money via ruthless deception, every penny, as well as the car (bought with unsecured personal loan) and all my furniture, personal belongings and even most of my clothes as well.  I'd packed up my life to move to another part of the country with him, only to discover he'd scammed me and been clever about it, so he directed the removal truck to a location unknown to me (never saw my stuff again!), and car is registered into someone else's name.  All this happened abroad.  I have won a criminal case against him abroad and he has been given a custodial sentence (which he is appealing while on bail), but it is difficult to get financial reparation so I am left with over £40k of debt to my name in the UK.    I am in my mid-50s, and have no assets whatsoever, I still live abroad (renting) and cannot afford to return to live in the UK due to the debts and decreasing income. It's been devastating and I've been struggling enormously since it happened (Jan 2022).  I have been suicidal at times. I was making combined loan/cc payments of £1300 monthly for over two years, but I'm self-employed (sole trader) and my UK-based small business has suffered 70% loss of income since Oct 2023 due to changes affecting government funding for the market I provide services to.  My income is commission-based, and has reduced to an average of £1200 per month. As I currently live abroad (outside EEU), I am not resident in the UK for tax purposes and haven't been for more than 3 years (my work is done remotely outside the UK, even though my clients are in the UK and payment is received into my UK bank account).  That means I am not entitled to an IVA or bankruptcy options.  My only option in terms of a debt repayment solution is a DMP. I maintain a UK correspondence address (my mother's home) and use this for my bank account, loans, credit cards etc.  I have only informed HSBC (bank acc) and one loan company that I moved abroad and that the UK address is only a correspondence address (been scared of potential consequences of informing them, even though I don't know what they could be or if there would be any). My worst fear is being taken to court, bankruptcy, etc, and my bank account and income being controlled and all surplus income above basic needs being taken etc, when I literally have almost nothing in life at this stage and desperately want to try to rebuild my life somehow and have some normality again.  Perhaps even move back to the UK if I can afford to. I've contacted all my creditors except cc (it's an HSBC card so am concerned it would affect my bank account with them.  I also bank abroad with HSBC and have global-linked accounts with them).  All interest has been stopped on my loans since April (period of 4 months on two loans, 6 months on bounceback loan with Pay As You Grow option agreed).  Continued so far to pay at least minimum payment on HSBC credit card.  I spoke to PayPlan yesterday and they've worked out a DMP paying £289.50 per month for 11 yrs 7 months, with annual reviews - not signed up to it yet, and concerned about customer reviews I've read about them demanding double payments a year or so down the line and not making payments to the creditors for long periods, etc.  Frightens the life out of me trusting them with the limited money I have - I don't want to go out of the frying pan into the fire in terms of stress that could last years, going by some of the horror story reviews. Considering the DIY DMP option, dealing directly with my creditors myself.  But not even sure going down the DMP route is the best option.  What do I gain from doing that? Sounds like I will still end up with an arrears or even a default record on my credit file even with a DMP, and I will be paying money I really need to help me get my life back on track, especially as I don't even have a full state pension entitlement - would be better used to pay missing years into that, surely, if I do have some surplus?  Either way, with or without a DMP, I won't be able to borrow so how would a bad credit score affect me anyway?  Seems like it could be best to allow them to go to default in the hope that it can all be SB-ed after 6 years. At this early stage, I know I will benefit from advice here about what route to go down and pros & cons/risks etc of: a) DMP with PayPlan b) DIY DMP c) Going down the default route in hope of debts being sold to DCA and not paying anything further with result that it is all SB-ed after 6 years. Struggling to pay off the loans for the next 11 years @ £289.50 seems daunting and such a long time, when I really need every penny to restart my life, regain some dignity, restore my mental health etc... I hope someone here help me make the right decision at this point, before I've committed to anything or have paid lots of money for years with little dent into the loans.... Details : HSBC Bounceback Loan (unsecured):  taken Dec 2021, original amount £9000, 2.5%.  Currently owe £4950.  Monthly payment:  £159.  Not missed any payments, but agreed PAYG option in April - full holiday for 6 mths, restart payments at £73.00 in October, term extended to 2030. TSB personal Loan (unsecured) - taken Aug 2021, original amount £23,000, 9.2%.  Monthly payment £475.  Currently owe £14,550.  Missed 2 payments. Interest stopped since April, no payments offered or made.  Situation to be reviewed prior to default - which will be after 4 missed payments). Sainsburys personal Loan (unsecured) - taken Jan 2022, original amount £25,000, 8.6%.  Monthly payment £514.  Currently owe £14000.  Missed 2 payments.  Interest stopped since April, made 1 payment of £50.00 on 7 May (offered to pay £50/month until situation reviewed prior to default - which will be after 4 missed payments). HSBC credit card APR 18.9% - £6900 currently owing, continuing to pay at least minimum payment (£180/month), not contacted them so far. Applied for Starling bank account, as advised by PayPlan to have a separate a/c from my HSBC one as they would have the right to take money from my account to pay off my HSBC cc debt if I stopped paying that. Sorry this is so long and a big thank you for reading down to the end!  I hope the detail helps with advising me on best course of action and possible/likely consequences.      
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Cap1 & CCA return


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The debt would be covered by the new agreement and the unenforceability of the original agreement will become irrelevant.

 

This is something everyone needs to be aware of, as signing a new agreement post 6 April 2007 means you are no longer protect by s.127(3) CCA 1974.

 

I am aware of several unscrupulous companies offering "top ups" to previous loans that are unenforceable, meaning a new agreement is entered which is fully enforceable.

 

Watch out for this practice, folks.

 

:x

 

 

 

 

Hi,

 

 

I would be also aware of this company;

 

Balance Transfer Programme

 

 

It seems that Link Financial's latest tactic is to pass on accounts to this company!

 

At least that is what they have done to one of my alleged accounts!

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/58913-mbna-link-financial.html

 

 

Regards, Jeff.

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If the interest is front loaded, then there should be an early settlement rebate if the loan is repaid early.

 

If there were unlawful charges or if the correct early settlement rebate was not given, those could still be reclaimed but only those.

 

However, I do agree that the new agreement is unenforceable even if the previous one was not.

 

Thanks Viscount.

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Hi guys ..could you tell me my nxt possible move on this thanks

 

UPDATERight guys ive just received this CCa from robbers way reqarding an Marbles/HFC account..looks like it has just been printed off,,no signatures anywhere, not even any room for them,, Also the account number on the agreement aint mine lol ,,, What a bunch of twits they are ...Also they have sent me 2 of the same agreements with other peoples names and addresses on them ..OHHHH DEAR ...What happened to Data protection??took the card out july 2005..was the late fees 12.00 quid then?? received no other paper work from them..So i have a newly printed of agreement with no sigs and not even my account number,,also have 2 other poor peeps agreements ..where do i go from here guys??http://i152.photobucket.com/albums/s...1/P1010052.jpg

http://i152.photobucket.com/albums/s...1/P1010051.jpg

ive also noticed that it says the bank of scotland plc are the money lenders....Ithought it was the beneficial bank or some1 like that

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..Also they have sent me 2 of the same agreements with other peoples names and addresses on them ..OHHHH DEAR ...What happened to Data protection??

 

 

 

Oh dear indeed! Think you might like to pass this info. on to ICO ;)

 

The first image looks odd at the top Babydoll. Did it come like this or did you fold it over or something? It looks to me more like the reverse of an application form than anything resembling a CCA.

 

If they've not sent you YOUR account (ie. account no, name, address etc) they've not complied with the S77/78 request & looks like they've also shot themselves in the foot over the DPA.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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The fact that it says Bank of Scotland makes me think they're trying to fob you off with a brand new agreement.

 

BOS has only just acquired Marbles. Back in 2005 it was owned by HFS a subsiduary of HSBC.

 

Like Foolishgirl says: looks like they've shot themselves in the foot over this one :D

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Hi upto neck and foolish ..thanks so much for taking the time out to look at this agreement ..i find it very strange also ..

 

Foolish girl..i just folded over the top part of the cca as it had my address..but they even spelt that wrong..and my so called account number,just b4 i folded it it does say credit card agreement regulated by the consumer credit act 1974

 

Uptoneck,,,i knew halifax didnt own it at the time i got the card,,glad they have shot theirselfs in the foot ..anyone know of a good letter i should send ..and do i mention that i have mrs and miss agreements has well ..or do i keep quiet about them :)

 

thanks guys

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Hi Paul

 

After an hour sat in the bank they still would not hold there hands up.

 

The bank manager said all the power has been taken from them and it has to be passed to Customer relations.

 

I have given her 2 weeks to sort out or I will be issuing Court proceedings personal to her at the local branch and inform the Police as possible fraud.

 

Basically the bank have sold us PPI we did not ask for but forgot to put it on the agreement...:D

I WOULD BE MORE INCLINED TO BRING IN THE FRAUD SQUAD IMMEDIATLY JUST TO MAKE SURE YOU ARE NOT THEN PARTY TO A COVER UP OF A KNOWN FRAUD

GO FOR IT HAK WHICHEVER WAY THEY WOULD HAVE TO SCRUB THE DEBT

PATRICKQ1

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Uptoneck,,,i knew halifax didnt own it at the time i got the card,,glad they have shot theirselfs in the foot ..anyone know of a good letter i should send ..and do i mention that i have mrs and miss agreements has well ..or do i keep quiet about them :)

 

thanks guys

 

I'd wait until after the deadline for non-compliance has passed if I were you, then send them a letter similar to the one posted by Slick132 here: http://www.consumeractiongroup.co.uk/forum/barclaycard/139191-tonka-99-barclay-card.html#post1483476

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Uptotheneck...thank you so much a letter is on its way on monday ...and despratedan i am going to write to the owners of the agreements i have and send them copies of the agreements too.U are angels thank you

 

BD x

 

Can or shall i add in the letter to robbers way that they have not given me the right account number..and also that they have sent me other ppls agreements as well..??

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Uptotheneck...thank you so much a letter is on its way on monday ...and despratedan i am going to write to the owners of the agreements i have and send them copies of the agreements too.U are angels thank you

 

BD x

 

 

 

 

You might also want to point them in the direction of us lot.

 

 

Just in case!!!;)

 

 

 

 

 

Regards, Jeff.

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Following up on the posts about replacing an old, unenforceable agreement with a new, enforceable one, a thought has occurred to me.

 

Where this was initiated by the creditor, would the unfair relationships provisions potentially apply?

 

Granted that is entirely discretionary (so an unsympathetic DJ would find it very easy to throw out) but I thought it was worth highlighting to see what others thought.

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Just drafting a letter to the bank..

 

Has anybody got the case law cases for defaulting incorrectly..

 

I know there is 2 but cant find them... I think Swain something and the PC world one

 

 

Cheers

 

HAK

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Cheers VS

 

do you know the correct heading for the Swain case

 

HI Hak

 

I think your agreement was secured don't forget section 106 and 113.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks, BRW. I'm getting better at remembering what to look for but still not always where to find it.

 

Woodchester is THE case on defaults.

 

Durkin is more of a recent application of the same principle as in Khorapor (spelling ?) and a very expensive one indeed for DSG.

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