control debt solutions and an IVA - owe more now then when i started.

[Hacked_Off]

any ideas what i should say to the OFT?

[babybear39]

You need to request full disclosure of all information they hold on you including recordings and/or transcripts of all telephone calls. You may be better to use the SAR template and ammend it for your needs:

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

When you make your complaint to TS via consumer direct ask that the info be passed to the OFT as well. Screen shot the website saying they offer IVAs

[Hacked_Off]

will do, thanks alot for that!!

[Hacked_Off]

well the cca is a mess

 

1 no overall total

 

2 the total charge for credit is very wrong see Wilson v ist county

 

3 there is no interest rate quoted only a APR which i can only think a 2 year old has work out.

 

In regards what you do with info it is to you.

 

Let me be clear i would take this to court. However you may which to take legal help

 

hmmm onl just noticed this. what would my starting point be?

[babybear39]

If they've threatened you with legal action send them an LBA

[Hacked_Off]

no threats as yet!! but im waiting for it cos ive not paid in 3 months. I just basically refused to pay the DMP company until they can explain to me why the debts gone up, why im being charged 15% when i was told its 10 and why the original dmp company went under and they took over the account without informing me (only found this out yesterday like) ive told them i want out anyway cos its one big joke!!!

[babybear39]

How much were you paying to the DMP?

[Hacked_Off]

£45 a month. sometimes more when i had it. ive paid them over a grand in total.

[babybear39]

IMO you should come out of the plan and demand your fees back as they have failed and mislead you.

[Hacked_Off]

i have come out of the plan. i said to them they wernt getting a penny till they tell me why the debt has gone up not down. then he said if i dont pay they will close the account. so i just basically said frankly i dont care close the dam thing. i have asked for the money back and the "£80 start up fee" hes basically just said no and go away.

[babybear39]

Report him to TS and the OFT then

[Hacked_Off]

yeah will do tomorrow

[Hacked_Off]

so what do i do about taking welcome to court? havnt a clue how to go about it

[Hacked_Off]

ive recivedall the documents from "in control. They havnt sent me anything regarding the loan, just credit cards. Nor have they sent me anything regarding payments made. Als there is a "decliration of authorit to act" which says "i confirm that your clear limited and in control debt soulutions" he told m your clear had gone under and in ontrol had took ver the accoun but it looks like they were/are the same company from the start:confused:

[Hacked_Off]

oh my god i am fuuuuuming!! i asked why i hadnt been sent a record of all the payments that had been made. he said i get that each month with a statement which i rarely get, only whe i ask for one. Ive asked for them all, he mailed me 1!!!! turns out in total theyve only been paying £10 a month!!!!! Out of a £45 paymetn, so much for them taking 15%!!!!

 

15% of £45 is £6.75 which leaves £38.25 unac****ed for..

Edited August 25, 2009 by Hacked_Off

[Hacked_Off]

just recieved this patronising email off them:

 

Dear ,

 

As I touched upon earlier, I don’t think that the outdated client logs will make sense as they normally come with today’s date on! Regardless of when it was for. The client log you are talking about could have been from a month that a payment couldn’t go to one or more of your creditors as control of the account could have changed or there payment details may have been un-certified etc etc.

 

I am becoming quite concerned as to who you are getting advice from; I would like to remind you that in line with our terms and conditions, which I am more than happy to forward on to you, we have done absolutely nothing out of turn. If they have been asking you to gain such information I would also be concerned with the information you are providing them i.e. the payment history on your debt management plan etc etc.

 

Furthermore, and once again, have you concentrated any of your energies on applying for a debt relief order? I believe that this would be time better spent as I do think that you qualify and there fore could see all of your debt written off!

 

Better use of your time I think J

 

Steve

[babybear39]

Oh dear, yet another company complaining of customers getting online help...One has to wonder why

[lickthewallfatboy]

Oh dear, yet another company complaining of customers getting online help...One has to wonder why

 

 

major impact on profits,perhaps??

[babybear39]

major impact on profits,perhaps??

 

It would seem so. Also they're probably pished off that we know more than they do

[Hacked_Off]

haha yeah. i said to him either you send me all the statements or ill send u a nice letter and you'll have to.. hes sent them all before like . my barclaycard has gone to a debt collectors, they didnt even tell me, i have the letters that have been sent to in control from mercers. also my token letters to welcome, barclays, capital have bee ignored.so i am resending along with a cca. am i right that i have to pay them until the accounts are in dispute? i am also sending mercers a cca. in control have told them of my address so once they work out the agreement has been closed im sure ill get a letter so i figure its prob best to cca them now before i get the obligitory pay us now, or well get you letter.

 

halifax have also ignored my charges letter, dont think ive mentioned them in here. I pay a bill every month for my nan, who has no bank account. every month i go in pay in cash then check my balance then pay via standin order. its never been a problem until this month. I go a letter saying "insufficient funds.....35 charge" the money was there i checked and printed it off. so ive sent them a letter "benefits administration ac of 1992..." whic has bee ignored. so im re sending to there customer relations, hq and my branch the charge is supposed to come out tomorrow so well see if they take it.

 

thanks for the comments btw appreciate it loads

 

also i have reported in control to consumer direct:D were they the right ppl to complain to? wasnt sure so did it anyway.

[Hacked_Off]

recieved these letters today:

 

 

ive not recieved a responce from welcoe finance soim assuming thats what the dca is refering to. is it worth sending them a prove it letter?

 

 

this one is refering to the token offer letter i sent them.

 

 

 

this one is refering to a halifax charge. the charge was meant to come out today and hasnt, so what does that tell you so they are basically talking out there a hole and they have twisted what i said in the originl letter. im waiting to hear back from rbs about a basic ac**** and im waiting on a post office account for my benefits to go in once thats done im gonna tell halifax to stuff it. he says i was "expecting a payment to go in the same day" this again is a load of waffle. i paid the money i myself before paying the standing order.

Edited August 26, 2009 by Hacked_Off

[lickthewallfatboy]

send Frederickson a CPR31 request

 

it shuts them up big style

[Hacked_Off]

whats that and can u link me please!

[lickthewallfatboy]

this will explain all

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[simonjohn]

Yesterday i recieved this:

 

Dear Sir/Madam

 

1st Credit Ltdisattempting tocontact the above named regarding a personal matter.

 

Your address has been suplied as apossible address for our subject who was previously resident at:- (previous address)

 

Please contact our offices immediatly on our telephone number 0870 164 20 56 and quote the above 1st credit reference number at which time further information can be provided.

 

if you are not the individual we are attempting to contact or have information that may assist please call us at your earliest convienience. on telephone number 0870 164 2056, in order that we may correct our records.

 

If no responce is recieved within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all relevent correspondance is sent to you

 

Yours faithfully

 

1st credit ltd

 

so they assume that just because you may not respond that you may be the individual concerned this is taking the p"@##, even by worst credit's stance.

 

So If I write to first credit thus

 

 

Mp Plumbers

1 any street

any town

somewhere in england.

 

 

 

Dear mr worst credit,

 

I have been informed by one of your employee's that you have a problem with a leaking tap in your toilets and this may present a a slip hazard.

 

I will be along to deal with this leak within the next 7 days. If this is not the case please contact me immedietly. should you not respond within the next 7 days then I will assume that you accept my visit and, will attempt tp fix the problem and charge you accordingly for my visit whether the problem has been resolved or not

 

 

 

yoyrs faithfully

 

m.r plumber.

 

 

You might think that this response is a little bizzarre, however its the same tactic that first credit are trying to employ