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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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penmarine

PRA Old HBOS Aqua Card Debt

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Afternoon Caggers, got the wife's DSAR info back from Aqua/HBOS.

I am curious if anyone else has ever DSAR'd Aqua and not received all the information that they held on them.

 

I'm missing the DN and termination notice they've sent me previously,

they didn't send me a CCA (I do have one but not from my DSAR) or any letters that I've sent on behalf of the wife for the past few years.

 

What they have sent me is a copy of all the monthly statements,

a print off of communications from their computers and a couple of other bits.

 

I'm sure they should have sent the DN, termination letter, CCA and the letters i've sent them.

 

Am I correct in thinking this?

The 40 day point is up soon so I was going to put the account into dispute until i've got all the information

. I was also going to inform them I would be writing to the ICO to complain as they have not adhered to the law of the DPA.

 

Also when claiming back charges there is an overlimit fee of £12 and a late payment fee of £12 can these be both reclaimed?

Any help much appreciated. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Answers to a few of your Q's PM.

 

Any and ALL fees can be reclaimed, the 'brokerage fee' I am not sure of, but it does sound like something that could be claimed back.

 

What are the dates of the defaults on the credit file? They only have a 6 year life before they will auto drop off the file, so if any of them are nearing the end of their life probably best left alone IMO, unless of course your needing credit or are needing higher SY clearance.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi there, to cut a long story short, I've got all my DSAR info from Aqua.

I've worked out my claim with the interest calculator and picked the template letter 2 from the library to send off.

 

My questions are:

On the interest calculator I used the interest being used on the card of 39.95%, is this the interest level to use as it is more than the actual charges I'm trying to claim back?

 

Have I used the correct template letter from the library it starts as follows:

 

"I now understand that the regime of fees xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Consumer regulations."

It's just so I can get the letter off for the wife in the morning to the complaints department for process.

Ta PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Have anyone tried to reclaim charges from Aqua,

I put a letter in for the wife reclaiming the £12 admin charges and default charges but I've been seen off and Aqua have sent a letter saying the £12 is fair (reply below).

 

Now I've read somewhere again that the £12 was a guide price, but I was thinking under COBS could this not be challenged as I don't think it costs the creditor £12 to send out a secondary letter to say your later with this months installment and then another £12 to say you've defaulted aswell.

 

Can you use COBS as an argument that the charges are not proportionate and thus unfair?

The letter is Aqua's final say on my complaint and sent me straight to the FOS with it, which I will do.

 

As they are still throwing interest and charges on when the account was defaulted and closed in December 2011.

I think they have forgotten this and think I'm under the impression I haven't got the DN or closure letter.

 

http://i783.photobucket.com/albums/yy115/penmarine/Aqua/20120407-Aqua_Complaint_Reply_Pg_1.jpg

http://i783.photobucket.com/albums/yy115/penmarine/Aqua/20120407-Aqua_Complaint_Reply_Pg_2.jpg

 

Any thoughts much appreciated, as I think Aqua are using smoke and mirrors to put me off going any further. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Evening all, I know a DN can be reissued but you surely cannot have the same account terminated/closed twice?

 

I ask as Aqua are trying to do it,

I don't think they realise they've already terminated the account,

DN'd and reported it to the CRAs.

 

I'm waiting on the 7 day notice they've given me to reply (I'm not) to see whatever they send as I'm in my 6 month period for putting an unfair charges refund into the FOS, this would just be more fuel for the fire.

 

Ta PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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OK PM, sorry not been about, been busy swanning it abroad for a few weeks, but back to business!!

 

OK, the letter you received, is partly computer niff naff and trivia, and partly a human response IMO...However, the BS about the £12 charges they have added to your account can be ignored, if they will not refund them, then work out exactly how much extra charges they have added on, and the exact physical amount you owe, and pay up to that amount and nothing more, they WILL NOT go to court for unpaid (unfair) bank charges.

 

As for the DN issue, I think I am right in thinking (?) that once the account has been terminated that is it, they can't magically bring it back to life to terminate it a second time (although I will do some research and wait for others to advise first)

 

Also, as the account has been terminated, then NO further interest or charges can be applied, as their is NO agreement/contract in force, they have terminated it, so if you have the Term. letter, and it is dated, then that will aid your calculations and work out what you physically owe them.

 

So apart from the letter you posted above, what else have they sent you?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi BB, the only other things they have sent from Aqua is the monthly statement (to the BFPO address), few more letters from Albion which have now stopped and the new termination letter (I will scan it tonight sometime, I'm just about to have some nosebag).

 

I'd already worked out from charges starting to termination of account the charges plus interest, hence the referral from them to the FOS to make a decision. The charges plus their equivalent interest was more than the wife had spent on the card in the first place.

 

I'll drag it out for years if I have to.

 

BB see below link for the letter that Aqua had sent the better half.

 

I have to say Aqua are confusing me, as they've already put a marker on her credit file with a DN dated in Dec 11.

 

On an earlier post I've already put up the original DN and closure of account letter.

If they've already DN'd and closed the account why are they trying to do it again?

 

As I'm sure that they cannot close the account for a second time on the same account.

 

I'm also in the process of putting an unfair charges complaint to the FOS aswell for the better half.

I'm just wondering if I should include that they are also trying to terminate the account for a second time and that even though I have CCA/SAR'd Aqua from our UK address (to which they have been writing to in regard to the complaint) when it comes to sending monthly statements and the linked letter below they keep sending the info to our old BFPO number?? Can I include this as part of my complaint to FOS?

 

http://i783.photobucket.com/albums/yy115/penmarine/Aqua/20120328-2ND_NOTICE_OF_TERMINATION_ACCOUNT.jpg


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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When you scan it up PM I'll have a butchers...probably standard template dross..


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Caggers

It's been a very long time since being on here. 

 

My query relates an old Aqua debt for the better half. 

We were making token payments to PRA for a good 6/7 years. 

 

After a bit of email tennis with PRA, I was checking the old aqua paperwork I hold and I've realised that the default amount that was originally passed onto the first DCA is different by approx £250 to PRA.

 

Whilst I acknowledge the debt is enforceable not to PRA I must say,

can I force PRA to give a full break down of interest added etc since the original DN so I can see what the £250 covers. 

 

I still have all the original CCA requests and responses (thankfully), original DN, notification of account closure, notice of assignment to first DCA etc. 

I'm happy to pay what is owed just the correct amount.

Thanks PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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is this your OH's RBS card debt from yonks ago?
 


please don't hit Quote...just type we know what we said earlier..

 

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3 minutes ago, dx100uk said:

is this your OH's RBS card debt from yonks ago?
 

Hi DX

 

Its Aqua, think they used to be owned by bank of Scotland and yes its yonks ago


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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no hbos

 

halifax..

 

im concerned bar a few old posts ive merged here from your old dmp plan thread

that you let this get sold on without a new cca request

assuming the agreement is enforceable 

and have blindly been paying a dca?

 

send them a new cca request.

 

dx
 


please don't hit Quote...just type we know what we said earlier..

 

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Hi DX,

I've CCA'd PRA and got a

copy of a reconstructed credit agreement with no signature,

notice of assignment

and copy of payments made.

 

I know the debt is enforceable because the original agreement was signed in Dec 07,

they changed the rules a couple of months earlier regarding agreements being reconstructed.

 

I'm wondering whether I should send a SAR request to them for a full breakdown of charges as i know the OH doesnt as much as they claim.

 


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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scan up all the CCA return?

one multipage PDF

read upload carefully


please don't hit Quote...just type we know what we said earlier..

 

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DX  this is what I got back from my request. I know the agreement states new day and it wasn't them originally and there is no signature block either. Thoughts would be appreciated, think I've pf's them right. PM

PRA Aqua CCA response.pdf


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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that's crap

and are the templates she WOULD have gotten if she'd signed up with newday in the 1st place

however she didn't

 

should be from HBOS  nd it most certainly NOT what they used as you'll see on here if you look for HBOS aqua card sign ups from other threads here

 

sorry who ever told you that was enforceable wants shooting

another clue is progressive credit, they never ever handled anything bar lemon debts.

 

she should have stopped paying 8yrs ago.

all she's done is pay for their drinks and holidays on the free money she has been giving them

 

cash cowed blind


please don't hit Quote...just type we know what we said earlier..

 

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So do you recommend I go back to them with account in dispute letter until the correct agreement is sent, I'll know when it does as I have a copy.  I thought it was enforceable originally as the card was taken out after a change in ruling on reconstituted credit agreements around September 2007ish, maybe I've shot myself in the foot for the OH. I'm open to dragging this one out!!!


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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I should add I only got the CCA response last week after waiting nearly a month over the prescribed time limits to respond. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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