Cap1 & CCA return

[JonCris]

I'm paying no bugger & it's getting quite funny. They keep asking for money.....nay pleading more like & I keep hitting them with SAR & CCA demands & letters demanding that they comply with their legal responsibilities & I am now getting letters from either the creditor, their lawyers or their DCA's most of which appear to have crossed in the post

 

I always give them a litany of events pointing out their failures & it's clear that not always is it the same person dealing with the matter or that they read their file as each time they have to go back to the drawing board......I've become quite a dab hand at cut & paste

[tamadus]

hello tamadus, why did you resume payments to lloyds, I just stopped payment to the people who have charged the MIG I believe this has been missold after querying it here, and will be challenging, but sitll trying to sort out the paperwork, just cannot understand descriptions and so on, they used to turn up at my doorstep and ring me from the doorstep over and over again if I refused to speak to them , then they wrote to me and said they would continue to do so until I spoke to them, I was terrified, now they have started ringing again. I tried writing to complain but it made no difference, by the way, anyone, I have a friend who is being rang at work continually, is this allowed?

 

Maybelline I resumed payments as they did send enough to partially satisfy my CCA request and as I am such a nice guy I decided to offer a GOGW while I sorted out the axact staus of the rest of the paperwork. plus I lodged a claim for unlawful charges against them.

 

Unfortunately they have totally ignored all my letters concerning the agreement and their failings. Plus I am going to have to issue proceedings for the charges. I was hoping that my GOGW would actually result in them playing the game in a decent manner. Ah well I can live in hope and die in despair lol.

 

As they just don't seem capable or to want to explain their misgivings then it's time to get tough with them again.

 

TS have already been informed of their harrassing phone calls which have made my life a misery (actually I am missing them after a week lol). I am investigating a Data Protection Act breach in passing my data to their call centre in India. ( that is something they are assuming permission for, as the DPA barely existed when this alleged 'agreement' was started, certainly I had no idea then that they would move their staff to a country outside of the UK and Europe. In addition reading the application form I only gave permission for them to check information in relation to the application, and I think thats somewhat different to disclosing information to any other third party such as a DCA.

 

Strange but I left this one towards the end of my list as I actually expected it to be a simple matter. Trust a bank to make the simple into the impossible lol

 

Oh and they are way out of order phoning your friend at work. Tell them to refuse any security questions and send a cease and desist letter. If they ignore it then he/she should report them to TS.

[tamadus]

I'm paying no bugger & it's getting quite funny. They keep asking for money.....nay pleading more like & I keep hitting them with S.A.R - (Subject Access Request) & CCA demands & letters demanding that they comply with their legal responsibilities & I am now getting letters from either the creditor, their lawyers or their DCA's most of which appear to have crossed in the post

 

I always give them a litany of events pointing out their failures & it's clear that not always is it the same person dealing with the matter or that they read their file as each time they have to go back to the drawing board......I've become quite a dab hand at cut & paste

 

Jon, I am now getting to the same stage of refusing payment to move things along. They have the choice then of either complying, declaring the alleged debt non-existant, or showing up in a court and explaining their actions and non-compliance to a Judge. My Barclaycard case has been ongoing since June and GE Money for a similar amount of time. Asset Link (the DCA for GE) have point blank refused to send a copy of the deed of assignment, and simply waffel about how I would have been informed of default notices. Strange how I haven't had any default notice on any of the 3 accounts, and they all got passed over to Asset Link just after I raised issues on them. If they choose to deny me my LEGAL rights then I choose to deny them payment.

 

Guess I will be paying a few visits to my local court house this year

[maybelline]

thanks Tamadus, this is where I am struggling, sorting out what they have and have not complied with under what section of what act. I have also noticed that 'under the consumer credit act 1974 the lender should have given you a copy of the agreement at least seven days ago to allow you time to consider whether to go ahead. if he did not, the agreement cannot be enforced without a court order' this certainly did not happen in my case but how can one prove this I wonder?

 

back to suspending payment - I understand if they are in breach then suspending payments until they provide the correct info is okay, is it also acceptable to suspend payment while the account charges are in dispute, I think this is the case?

[Guest The Terminator]

Taken from the OFT Website

 

NOTES

1. Consumer Direct is a telephone and online consumer advice service funded by government and managed by the Office of Fair Trading. It offers consumers clear, practical and impartial advice and information.

2. All consumer credit debt collectors operating in the UK must hold a Consumer Credit Licence and adhere to the guidelines set out by the OFT Debt Collection Guidance 2003. The OFT consider it to be unfair business practice to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner including asking or instructing debtors to make contact on premium rate telephone numbers.

3. Only a court can decide whether a contract exists and whether a business is liable to pay a debt. If a claim is issued against an individual, that individual will have a fixed time period in which to respond by either disputing or admitting all or part of the claim. A disputed debt can only be enforced by a court. Only a court can instruct bailiffs. Debt collectors are not bailiffs and cannot attempt to collect payment by taking direct action, such as seizing goods.

 

Your Rights against Creditors from Debt Questions

 

 

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate

or misleading manner.

2.2 Examples of unfair practices are as follows:

a. use of official looking documents intended or likely to mislead

debtors as to their status, e.g. documents made to resemble court

claims.

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors' lack of

knowledge

c. those contacting debtors not making clear who they are, who they work for,

what their role is, what the purpose of the contact is

d. unnecessary and unhelpful use of legal and technical language,

e.g. use of Latin phrases

e. failing to provide debtors or creditors with information on status of debts, e.g.

not providing requested balance statements when reasonably requested

f. contacting debtors at unreasonable times

g. ignoring or disregarding debtors' legitimate wishes in respect of when and

where to contact them, e.g. shift workers who ask not to be telephoned

during certain times of the day

h. asking or instructing debtors to make contact on premium rate

telephone numbers

 

Tam: How about a little campaign to revoke some CCL's.

 

JC: I like your style.I tend to tell them to "bugger off"

[TideTurner]

Tam, we have anaonymous callers withheld from our phone and they still try to call for my daughter, but you get a number to call them back.

[Guest The Terminator]

Tam, we have anaonymous callers withheld from our phone and they still try to call for my daughter, but you get a number to call them back.

 

Sorry for butting in tide but if there 0870 No's they are breaching the OFT guidelines.

[tamadus]

Tam, we have anaonymous callers withheld from our phone and they still try to call for my daughter, but you get a number to call them back.

 

These are definite caller witheld their number,

 

Also had a text yesterday asking me to call some 0870 number (which is never going to happen) also if anyone recognises 01273 743574 it would help

[JonCris]

maybeline

you don't to & can't 'prove' a negative They have to prove they sent it

 

Tide Turner

Consumer Direct often give misleading & downright wrong info as some here can attest to.

 

Terminator

I'm always polite. I completely ignore their requests/demands & counter with my own & it's clear I ain't dealing with the sharpest tools in the box or they can't be bothered......too complicated you see doh!

 

They get into a blue funk.........I don't know how many letters I've got stating "we are looking into your complaints" etc etc.

 

I often suggest, politely of course, that they might like to coordinate their responses if for no other reason than to save paper thereby making a real contribution to saving the planet........but they never respond to that comment!

 

It's called playing them at their own game

[JonCris]

Tam you can get "choose to refuse" which means you can block not only anonmyous callers but also a further 10 numbers of your choice.

 

When you put their number into the system & if they are using 0807 or 0845 none geographical number you get their normal landline number given back to you on the automated system

 

As Terminator says 0870 numbers are considered premuim rate & should not be used. To do so is a breach of the OFT guidelines

[Guest The Terminator]

I'm going to start asking for their CCL's or do's anyone have a link where I can check if they are licenced or not.It could be a very good week with an enormous "turd" hitting the fan. :grin:

[maybelline]

Terminator - I have just read through Your Rights Against Creditors - 'Cfeditors must not suggest to a debtor to either sell a property or to take out furtherborrowing in order to pay off the debt to that creditor. For a creditor to request you borrow more money to pay them of is basically requesting you to commit fraud as you are taking oncredit knowing you cannot pay the debt back.' also 'ifa debtor queries a debt, and money that is owed, it is unfair for the creditor to continue with recovery proceedings during the time the debtis being disputed.' well I never!

[stevesj]

not wishing to hijack this thread, but I have a disputed Credit agreement going back to Dec 2000. It stated an amount, then (mis)said 6 monthly payments after 36 months (deferred credit) shold have really been 36 monthly payments after 6months. i was pursued by the DCA for three years and forced to pay 12 installments when I noticed the anomaly. when it was pointed out, they backed off. But defaulted me (have a thread, but no one talking to me... ), and checking my Credit ref file see its on until 2008! I have all paperwork and have written asking them poitely to back off and delete the default, and refund the letter fees they've imposed, and the "overpayment under the terms of payment they stipulated" - do you think I have some sort of case?

[Guest The Terminator]

In one word Steve. YES!!.

[elsinore]

if anyone recognises 01273 743574 it would help

 

As 01273 is Brighton, you can bet your bottom dollar it's either LTSB Collections, or your friend and theirs, SC&M.

 

Elsinore

[JonCris]

Ah! yes the old Datsun/Nissan Finance house who's boss was jailed for tax evasion........I think

[tamadus]

Jon,

 

Don't get me wrong I actually enjoy the conversations now when they phone me I take great pleasure in wrapping them up in the legalities they clearly do not understand, just that they have a nasty habit of calling just as I step into the shower or sit down to eat dinner. (checks my house for hidden CCTV cameras). Most of the time they hang up on me

 

Terminator,

 

I am all in agreement for getting a few CCL licences revoked. GE Money and Asset Link come immediately to mind closely followed by a few others.

 

I'll PM my phone number to you later today then we can discuse a line of attack.

[tamadus]

As 01273 is Brighton, you can bet your bottom dollar it's either LTSB Collections, or your friend and theirs, SC&M.

 

Elsinore

 

Then that one is definitely Lloyds TSB

 

now where is 01562?

 

 

hmmm it seems to be a worcestershire number. Now I wonder who that is

[Smoothy]

Then that one is definitely Lloyds TSB

 

now where is 01562?

 

 

 

Thatll be Kettering then

 

My mistake...Kidderminster!!

[maybelline]

you can check the public register for free for a general check but a fee is payable for more information, telephone 020 7211 8608. sorry cannot do the link but is on OFT website.

[Guest The Terminator]

I've just found an interesting case that went to the House of Lords which proves that the OFT has no backbone

 

House of Lords - Director General of Fair Trading V First National Bank

 

Amazingly this goe's back over 5 years and it mentions on numerous occasions about "unfair terms".In my opinion if there is an unfair term in an agreement then that term should be removed.If not when a dispute arises it has to make the agreement "unenforceable" so looking at the wider picture all agreements post 1999 are technically unenforceable as the unfair terms have not been removed.Also I beleive that agreements have been signed on a "false pretence" as the information provided is sparse.You can't expect a consumer to read the CCA before signing an agreement(not within 7days as the money men expect you to) heck it took me 3 weeks to read it and digest the interpretation.

[Acerfan]

Tamadus, 01273 743574 is More Than. There's a great website SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers which gives alternative geographical numbers for premium rate numbers.

[Peterbard]

NO Uni

That is not what i meant

(4) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the

agreement;

 

The default no longer exists once the agreement has been produced so legally they can pusrue the debt,

However if they do and the have exceded the 40 odd days rquired then they are at risk of being prosecuted for none complience within the terms of the cca,with the subsequent fines and possible imprisonment that may follow,so whether they would is unlikely although legally they could.

 

Bestr regards

Peter

[rosierose]

if anyone recognises 01273 743574 it would help

 

I think it may be LTSB consumer debt recovery call centre in Brighton.

[rosierose]

oops a bit late with that