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Cabot/reston ace gifts CCJ - Re-determination hearing dismissed

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I recently sent Ace a CCA request and they have returned the attached 'reconstituted copy'.

 

When I started using the catalogue I was at a different address

to the one they have written on this copy CCA form - does that matter?

 

PPI claim and charges issue will be put on another thread.

 

Ace have sent me statements going back to 11.01.2001.

 

I am not too bothered re the 'service' charges but I have 3 x £20 default sums from 2006, which are after I had informed them of financial difficulties.

 

If I could get these plus PPI [another thread] back then my account should be cleared.

 

I understand there might be a limit of 6 years for these to be claimed back? any thoughts?

 

PPI form sent to ACE for PPI amounting to £240+

- they have passed my 'information regarding the PPI to the relevant department who will contact' me separately.

 

Just wanted to get this thread started as I am expecting issues to arise.

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must be address at the time

and a copy of the T&C's for the time too

 

dx


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Single Premium PPI Q&A Read Here

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Thanks, i'll get back on to them

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Don't tell them what is wrong with the reconstruction

just tell them it is a load of rubbish

and they have failed to comply with your request do not give them further information.

 

I had same thing with Littlewoods(wrong address) it ended up with them missing out on £1700 due to their terrible altitude.

 

If they are anything like Littlewoods the computer system only allowed 1 address on the system so all they did was overwrite the original address.

 

 

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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thanks for your advise

 

emailed ACE re CCA (finding it difficult to afford all the postage costs so have set up email address specifically for debt queries etc) - they replied

 

Thank you for your recent email which has been passed for my attention.

 

I can confirm that the address on the copy of the Credit Agreement sent

was from the address that the account was opened at. [untrue]

 

Please also be advised that we do not provide copies of Terms and Conditions with Credit Agreements,

also as your account was opened in 1983 we do not hold a copy of the Terms and Conditions

from this time due to the age of this.

 

However, may I direct you to our website for our current terms and conditions.

 

If you have any further queries regarding this issue please reply to this email to ensure

that we can respond to your query with minimal delay

 

Have emailed ACE again today, as they haven't sent what I asked for.

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Same again they have not compiled with your CCA request, and from their response they are stuffed.

 

 

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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reply r'cd from ACE below:

Thank you for your recent email which has been passed for my attention.

 

As confirmed in a recent court case (Carey v HSBC 2009) Section 78 of the Consumer Credit Act 1974

requires creditors to provide a reconstituted copy of the credit agreement.

It further states that a copy of the original agreement is not required to be provided.

You can be assured that legal advice is sought in such matters where liability is in dispute.

We are still very much of the opinion that a debt exists.

We are also aware that the Courts would not grant an enforcement order should a default summons be issued by us

because of non payment and it was defended on a spurious challenge to produce a copy of the original signed agreement,

as defined by Section 61 of the Consumer Credit Act 1974,

unless we were able to produce a signed copy of the original agreement in support of the claim.

It is only in such an instance that it would be cost justified to recover the originals from our archives.

We would remind you that the original credit agreement was sent with your order when the account was opened in ****.

 

Our customers are asked to sign both copies, returning one copy and to keep their copy in a safe place should

they decide to choose repayment by credit terms instead of full payment.

 

By taking advantage of paying the **** payment every 28 days

you are as such subject to the terms and conditions as stated within the credit agreement.

 

You have been a customer of ours for several years and we are trying to avoid an irretrievable breakdown in that relationship.

 

Without making regular payments we have had no option but to register the debt with all the credit reference agencies as an unsatisfied default. T

 

hat may adversely affect your ability to obtain credit for up to six years, as well to any person with whom you may be financially linked.

 

This company will not write-off a debt just because there may be the possibility of a legal defence

if we were to take legal action as a method to recover the debt owing to us.

If it subsequently transpires that you did not sign and return a copy of the credit agreement

we realise it will be unenforceable but it is not void nor an unlawful debt.

We are satisfied upon discussion with the Information Commissioner‘s Office

and on legal advice that it can still be registered as a default with credit reference agencies.

The balance on your account is £***, is in arrears by the same amount and is currently being handled by our internal collections agency.

 

This is a valid debt which we will pursue.

If you are dissatisfied with this response to your complaint you may be able to refer your complaint to The Financial Ombudsman Service.

If you decide that you wish to refer your complaint to The Financial Ombudsman Service you will need to do so within 6 months of the date of this letter.

A leaflet detailing The Financial Ombudsman Service is enclosed for your reference.

In respect of your rights to refer this matter to the Financial Ombudsman Service,

I would respectfully advise you that it is not within their powers to declare an agreement as legally enforceable or unenforceable.

Should you have any queries please do not hesitate to contact us.

 

I had previously informed ACE that I am now unemployed and requested a payment holiday.

I have also asked them to stop charging me default sums of £12.

Currently awaiting feedback on PPI claim.

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usual crap

 

they know they are stuffed.

 

can I suggest you change tack here?

 

firstly read the two letters below:

 

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

.

as an example>

.

I am currently in financial difficulties and not able to meet my normal monthly repayments.

to show my goodwill, i am going to pay £5 for 6 mts.

 

i will update you in 6mts time or before, should my situation change.

.

could you please as a reciprocal goodwill guesture,

.

refrain from levying any penalty charges & freeze the interest on my account.?

.

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

.

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

.

.

as your actions would do nothing to help me.

.

i thank you for your time.

..

.

dx

.

then pay by your internet banking site

.

and get reclaiming

.

TAKE CONTROL

.

or

if you have sent the above and they refuse

then write back........

.

.

i'm sorry, but you have failed to assist me during a period of financial difficulty, against all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

i repeat again, the contents of my letter dated dd/mm/yyyy, for want of clarification:

to show my goodwill, i am going to pay £XX for XX mts

could you please as a reciprocal goodwill guesture, refraining from levying any penalty charges & freeze the interest on my account.

i will update you in 6mts time or before, should my situation chance.

should you fail to help by refraining from levying unlawful PENALTY charges & freeze my interest,

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions are doing nothing to help me.

This is contrary to the rules you should operate under.

disgruntled account holder

 

........................

 

put in a revised 1st letter as above

include the fact that you have outstanding claims of £XXXX PENALTY charges & PPI reclaims.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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usual crap

 

they know they are stuffed.

 

can I suggest you change tack here?

 

firstly read the two letters below:

 

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.dx

 

Thanks dx100uk I have sent an email this morning

- unfortunately they are not set up for internet banking but I have paid £2 via their website this morning.

 

They have been very good responding to emails.

 

I will post an update later, if there is one.

 

Can't thank you and the rest of the team enough for all the guidance you have been giving me.

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Also yes they can send a reconstruction in that they are correct but the reconstruction MUST be correct and must contain T&C at time of account conception. Wrong address means they have not complied. As above you can just pay what you want if they try court they up the creak without a paddle.

 

 

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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Hi

 

 

ACE have sent the following in response to my offer of £2 per month; If our customers are experiencing financial difficulties in paying to contractual terms our policy is to be sympathetic and understanding; demonstrated by our willingness to accept significantly reduced payments whilst these circumstances exist.

 

However, in view of the level of indebtedness, the absolute minimum amount we can agree to accept on a reduced payment arrangement is £5.00. Subject to payments of this value being received we will suspend further interest and, subject to their receipt at regular 28 day intervals, no default sums will be incurred.

 

Whilst payments of any value continue to be received they will be credited to the account but unless this minimum amount is paid further service charge and default sums may continue to be applied to the account. In addition our collection process will continue and, ultimately, this could lead to a default being registered with all credit reference agencies and the debt placed with external debt collection companies.

 

It is hoped that you will review your current expenditure to seek sufficient saving that will enable you to agree to this repayment amount and as soon as this is confirmed we will immediately set up a non interest bearing reduced payment plan and halt further collections activities

 

Statements will continue to be generated every 28 days and we will expect a review to be undertaken every 3 months in the hope that improvement in circumstances will allow an increase to the payment plan.

 

We await your confirmation to this proposed minimum payment plan.

 

 

 

 

I posted a letter of complaint to 3 people within the organisation yesterday - they are aware that I am unemployed. I have now told them I will now treat them the same as my other creditors e.g. no payment. I also emailed their Customer C?A?R?E Team with the following:

 

 

You state that in view of the level of indebtedness, the absolute minimum amount we can agree to accept on a reduced payment arrangement is £5.00. But in the same email you also threaten to increase my 'level of indebtedness' by adding further service charges and default sums? On one hand you show concern re my level of indebtedness and on the other seek to increase it. This appears to be rather controversial don't you think?

 

 

The 'level of indebtedness' is less than £300 at the moment. I have also told them that I think the tactic of adding charges, when they hadn't previously, is because I have an outstanding PPI claim. Waiting to see what they have to say. I hope my letters get to the top people that I have sent them to. Is there anything else i could/should do?

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reply from ACE today see attached. complaint not upheld. not sure what I should do now? any ideas? perhaps a SAR to see this 'written order' that I apparently submitted on 06.08.2002?

thanks

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Get them to provide a copy of this ticked order.

 

Also get tem to provide the details of the underwriter of the insurance.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

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Get them to provide a copy of this ticked order.

 

Also get tem to provide the details of the underwriter of the insurance.

 

thanks ims21 - would I need to SAR them for this, or should they just send on my request?

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A simple letter should do it.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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A simple letter should do it.

 

 

 

thanks, will get an email off to them today, followed by a letter.

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Get them to provide a copy of this ticked order.

 

Also get tem to provide the details of the underwriter of the insurance.

 

 

finally had a reply from ACE 'Unfortunately it is outside our record keeping timescales to be able to supply a copy of the order form used to accept the policy.' I've emailed back re this - I feel a SAR coming on. The underwriters - The policy is underwritten by Bankers Insurance Company Limited number 2341082 and Bankers Life Assurance Company Limited number 3264844. Both companies are member companies of Assurant Solutions whose registered office in England is Assurant House, 6-12 Victoria Street, Windsor, Berkshire, SL4 1EN.

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Hi All

 

looking for advice on what to do next.

 

Debt was originally with Ace gifts and cards, now Cabot/Restons.

 

I r'cd paperwork re CCJ from the CCBC. They wanted £100+ each month and my earnings are only £740+ each month. (i offered to pay £1.00 with the income/expense form i originally sent back). After they refused this I emailed to ask for re-determination based on earnings (sent evidence of payslips).

 

I had not heard re hearing date/place and just assumed this was taking time to come through . . . until i r'cd the 'application for re-determination be dismissed' Judgement from the court.

 

There is no way i can afford to pay the amount demanded - my rent is £320+ per month and i pay the full amount of Council Tax minus single person discount.

 

Any advice re my next step gratefully accepted.

 

Thanks.

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numerous threads merged for history


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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why didn't you defend the original Claim?

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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why didn't you defend the original Claim?

dx

 

When you get papers through and you have to admit or dispute to a court/judge then it gets a bit scary. I'd never had anything like this before and became very stressed about the whole thing. Guess i was hoping they'd accept the £1 so i could move on from it.

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Didn't ask that

 

So you did nothing ignored it?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Didn't ask that

 

So you did nothing ignored it?

 

I came on here seeking help with my current situation as it stands. Guess i shouldn't have bothered. I guess it's also easy for people who have the knowledge to follow these things through - especially when they don't have to be asking questions every time another issue crops up.

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asking was there a reason to not respond


:mad2::-x:jaw::sad:

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Hi suzikins

 

Lets break this down so we know where we are at.

 

You received a court claim...you didn't defend..the claimant attained a default judgment ? or did you send back the N9A admitance and offer payment ? Or nothing ?

 

We have to ask these questions to establish the best course of action..

 

" I r'cd paperwork re CCJ from the CCBC. They wanted £100+ each month " So this paperwork was the Notice of Judgment ?

 

You the requested a redetermination ..was this using the N244 or just a letter?

 

I assume you have not used the N245 Application to vary a judgment in all the above ?

 

Regards

 

Andy


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