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    • Hi, There is quite a lot regarding my current issues, I shall try be as clear and concise as possible. Dec 2008 - unemployed, applied for £250 credit card from Capital One. Jan 2009 - accepted for £1000. Credit card maxed in a matter of days mainly on gambling and drugs. Called after 5 months activation to remind them I was unemployed and the card was unaffordable. Some sort of payment plan arranged which was rarely upheld by myself, sporadic minimal payments. 2010 - credit limit raised to £1600 without my request. Again all spent on gambling and drugs. Vast proportion of spends on statement show gambling sites. Repayments often withdrawals direct from said gambling sites. 2013 - Mother pays off £1400, notes state student, zero income, unaffordable, mother cut up card. Me and my mother ask for account to be closed but this does not show in notes. Called back once to query any PPI. 8 months later promotional material sent to my door advising account has been upgraded, cashback offer, etc. I ticked the box and sent the form back. Requested new 'lost' card. Again spent completely on gambling £1600+. Many payday loans taken out to try pay back. StepChange charity seeked by myself and was paying them back. Had to cancel this repayment plan as I was again unemployed and it was unaffordable. Debt being chased by Apex. Debt returned to Capital One, they send a letter advising it is with them unless notified otherwise. 2016 - Debt sold to Cabot without notification. Apparently Cabot sent a Capital One headed letter through a third party printing company, which was not received. Oct 2016 - Dispute letter sent to Cabot. 2018 - CCJ issued. Call Capital One to request my application form as I was sure I was unemployed and thought I may need evidence for Court. Incorrect documents sent 7 times, speak to manager who suggests sending SAR and raised a complaint for me. Can't believe contents of SAR, various other complaints raised, investigated and rejected by Capital One. Clear written permission to take to Financial Ombudsman. March 2019 - Court, threatened with prison or full in AoE form. Form filled in. £50 a month taken from wages by Morgan Clarke. Disputes raised with Cabot, AoE eventually suspended. Query dispute letter with no response for over 2 years, CCJ is now offered to be removed but they intend to keep the AoE money and offer me minimal compensation. Now major issues with FOS. As some of the complaints relate to over 6 years ago, state they will not investigate, although Capital One have given consent for this, FOs believe this is not consent but a referral. Account balance stands at £1700+ although the value of account minus interest and other (some now illegal) charges, I work out £4.31. No fixed address, they have my mother's where I do stay sometimes, mainly stay at friends, sofa surf, etc. Lots more issues and lots of evidence. Don't know where to turn.  
    • Is there an angle regarding the Consumer Rights Act 2015 ("CRA")? Assuming it might be unfair for Royal Mail to hide behind not entering into a contract for the purpose of limiting their liability.   From 1 October 2015, the CRA covers all aspects of unfair terms in business-to-consumer contracts which had previously been covered by UCTA and the Unfair Terms in Consumer Contracts Regulations 1999.  It deals with implied terms in relation to the quality of goods and services, including digital content, and regulates attempts on the part of a trader to exclude its liability for breach.  The CRA also introduced a "fairness" test.  Any term which causes "a significant imbalance" in the parties' respective positions, to the detriment of the consumer and in a way which is contrary to the requirement of good faith, will be regarded as "unfair".   A term that is "unfair" is not binding on the consumer, and the consumer can treat it as struck out of the contract. The remainder of the contract will stand if it is capable of doing so according to the usual principles of severability.
    • scan or keep everything they have  6yrs. do not move without informing them.    
    • Just an update.. Final Payment was due 19.11.2019. Its now 18 days since then and no letters or mails. Not sure if they have given up or are spending time thinking on other ways to threaten... Thanks for following this and I hope it helps anyone else facing the same issues..   Rgds Tom
    • I did notice it wasn’t from the actual Solictors who sent the pap form
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Durkin

Campaign to stop Banks and Retailers reporting to Credit Agencies for non existent debts

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New government petition to tie in with Supreme Court showdown. Please show your support. http://epetitions.direct.gov.uk/petitions/59291

 

 

 

 

We, the undersigned, call on the UK Government to legislate against banks maliciously reporting disputed credit accounts to credit reference agencies (CRAs)

 

Banks have a nasty habit to hold people to ransom for money that they don't owe.

 

Working with retailers and CRAs, false accounts are created. Banks then try to extort money from victims,with the threat of a default.

 

If the victim refuses to pay, the bank maliciously defaults the account, annihilating the creditworthiness of it's victim.

 

The victim can't borrow to buy a family home or other borrowing (including 0% deals) and may have trouble finding employment.

 

The nightmare lasts 6 years (longer if the victim attempts to seek justice)

 

The Supreme Court will finally rule on the first case to have made it in early 2014. Durkin v DSG & HFC.

 

Edited by citizenB

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One man has been campaigning for over 16 years to prevent Banks and Retailers reporting on a non existent debt. The latest news in this battle can be found in the thread linked below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?264189-Default-damages-PCWorld-wrong-laptop-sold-amp-HFC-Finance-Supreme-Court&p=4456223#post4456223

 

 

This is now with the Supreme Court.

 

Please sign the petition in the first post :)


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Signed. Wish you success!

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Signed

 

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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signed

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I am pleased to see that there had been a flurry of signatures - now stands at 93 :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Signed


L/Woods B/Card/Cabot - Unenforceable CCA, SD Issued *WON+COSTS*

Capital One/Cabot - No CCA account irrecoverable.

Citi/DLC Hillesden - No CCA account irrecoverable

MBNA/Aegis - Unenforceable CCA

B/Card/HFO - Unenforceable CCA

Fashion World - No CCA account irrecoverable

TRUECALL IS A GODSEND!!

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Signed... I wish you the best of luck Richard!

 

I understand the hearing date was listed for 28th Jan... Please keep us all posted.

 

For far too long the CRIMINALS in the banking 'profession' have used there power to sway/bully/bribe the government.

 

Criminal acts should be dealt with by way of CRIMINAL sanctions.....:mad2:

 

(B)ankers should not be 'immune', and several (many) should do a bit of 'porridge', and have all personal assets confiscated.

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Signed. 163 Signatures.

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Signed and the very best of luck Richard. Having been through the mill with OH on our own case I know just how stacked against you this is as the judiciary prefers to believe the spoken word of the lawyers over the written evidence of the LiP. Best wishes, BB


My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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So very right but the govt and judiciary will do nothing for reasons including

a. banks bribe them by paying into party coffers

b. banks blackmail them that they will leave the country and pay even less tax than they pay now - with their tax avoidance schemes

c. politicians like to go to banking jobs after their political careers - very lucrative

d. hospitality perks from banks


My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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signed

 

if you ask me, the whole defaults process needs a radical overhaul, as does all of the banking and finance industry

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241 signatures

 

I signed one hour ago and it still says 241 signatures

 

Just wondering how long it takes to update.

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SecretJay, it can take a few hours to update. Although I note it is now at 242. I am saddened to see only 242 signatures.

 

The Supreme Court handed down its Judgment on Wednesday..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?420961-Richard-Durkin-wins-Supreme-Court-appeal-–-beware-lenders!


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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