Debt written off due to Carers Allowance?

[hellhasnofury]

Hi again, just a bit of info that you may not be aware of. It is possible that the banking instrument (original application form) may have been sold to raise more funds for the banks using Fractional Reserve Banking. The way I understand it (and this is only my interperetation of the research that I have done) Banks will sell banking instruments (promisory notes) to raise capital which they put into an account opened in your name, an account which you know nothing about. Say you applied for a line of credit of £10K (loan or Credit Card) - the bank would sell your signature for around £100K and deposit in your name and then LEND you £10K of your own money!! And then charge you interest!! on your own money. The banks need to show evidence that they have withstood a loss - by lending you THEIR money, but they can't because against your name in their accounts it will only show a PROFIT of £90K - this is how the banking [problem] has been used for years to achieve a debt run society. Money does not exist until it is BORROWED into existance. The UK now has no gold reserves to back its paper money and is now only creating Fiat (fake) money. Under law, if someone issues you fake money, you do not have to pay it back. Do some research on Fiat money, search the net for a book by Mary E Croft, an on-line publication, which will just blow your mind. Whilst I am tackling the banks the same as you: Barclaycard, MBNA Loan,MBNA Credit Card, Lloyds TSB Credit Card, Lloyds TSB Loan & Capital Bank, I am actually going to the heart of the problem and asking for their proof of loss as shown in their banking journals - they sure don't like you challenging at this level.

 

PM me and I will send you, privately, copies of letters that are very powerful.

 

Mary

Hello davey,

 

How are you well I hope and still enjoying the good fight.

 

Hello Mary,

I have just read your very interesting post, can you give us a bit more infor on this [problem], the banks could use please.

[davey77]

Hello everybody! Sorry for the late reply..

 

Well, thats a very interesting stance Mary, i wasn't aware of that before. Haven't had a chance to look into it closely but i bet there are plenty of people on here that would love to look into the legal points your post raises!!

 

Hey there, HHFN! Doing well thanks. Some post today in fact and even a real human reply from Halifax! wow that's only taken 8 months! Hope all is well with you at the mo!

 

Dear Mr x,

 

I refer to your recent enquiries regarding your account. I was sorry to learn you are unhappy with the service we have provided.

 

We are keen to deal with your concerns as quickly as possible. I have asked for one of our Customer Care Managers to investigate the points you have raised and you will receive a reply shortly, but certainly no later than 4 weeks.

 

You will find enclosed a copy of our complaints leaflet. This tells you how we will handle your complaint. If you need to speak to someone in the meantime, please call us on the above number.

 

Yours sincerely,

Miss C Lee

admin Team

Customer Care

Retail Bank Collections

 

Also 2 letters from the FOS:

 

Dear Mr x,

 

Your complaint about HFC Bank Limited

 

I am sorry to tell you that, unfortunately, we are still not in a position to look at your complaint. We hope to allocate it to one of our adjudicators for assessment as soon as we can. We will contact you again within the next four weeks to update you on our progress.

 

I do apologise for any inconvenience. If you need to contact us in the meantime, please remember to quote our reference number.

 

Dear Mr X,

 

Your complaint about Capital One Bank Plc

 

The large volume of cases we are dealing with at present has meant that we have not yet been able to allocate your complaint to one of our adjudicators so that it can be assessed. However, we will do this as soon as possible and we will contact you again within the next four weeks to keep you updated on the progress of your complaint.

 

And a note from the OFT:

 

Dear Mr X,

 

I acknowledge receipt of your permission to disclose slip received on 17 October 2007.

 

As you are aware, we have no powers to intervene to help individual complainants and so we cannot directly help or advise you. If you have not already done so, we would like to suggest you to contact Consumer Direct or your local citizen's advice bureau as they can offer free independent advice.

 

Meanwhile, the OFT can and does take action in the interests of consumers generally, where there is sufficient evidence. Thank you once again for giving us permission to disclose your complaint details and for taking the time to write to us about this matter.

 

Yours sincerely,

Miss Jo Kwok

Enquiries and Preliminary Investigations Centre

[davey77]

A very quick reply from HALIFAX today surprisingly:

 

Dear Mr X,

 

Thank you for your recent letter via the Financial Ombudsman Service of the 24th September 2007, I am sorry that you have found cause for complaint and at the outset offer my sincere apology for any inconvenience or distress this matter may have caused you.

 

To summarise, you are unhappy that a copy of the original agreement for the above account has not arrived with you despite more than one attempt to arrange this.

 

Having looked at our systems for March 2007, i do not see noted the request you made at that time for the copy agreement. (sent by recorded delivery/cheque cashed April actually!) There is note however for a letter having been received on the 24th of August 2007 requesting the document and this was processed. (You mean my LBA i suppose!) I can only offer the explanation that this went astray in the postal system during transit.

 

Today, another request has been lodged with the department concerned to have the document despatched to you once more.

 

Enclosed is a copy of our complaints leaflet, which explains our procedures.

 

Should any of your concerns remain unresolved please let me know what you'd like me to do to put matters right. We are keen to resolve your concerns, if we are unable to do so we'll provide you with details of how you can contact the Financial Ombudsman Service for assistance. If i do not hear from you within the next eight weeks i will assume you are satisfied with our response to your letter.

 

Yours sincerely,

Paul Simpson

[davey77]

My reply to the above. Not one of my best letters but it will do! Be interesting to see what they come up with though. Bet it's an application form eh! Then we start all over again! :o

 

Dear Mr Simpson,

Thank you for your prompt reply to my recent communications the detail of which were to the effect that after reviewing your records for March 2007 that no Consumer Credit Act request was found relating to the above account for that period.

I do not understand why that information is not available to you, but, to clarify:

 

The first Consumer Credit Act request that I sent to Halifax was by recorded delivery 19th March 2007 and the fee payable of £1 in the form of a personal cheque was cashed April 4th 2007 (cheque number ******.)

 

The second request was sent 28th June 2007 to Blair, Oliver and Scott, again by recorded delivery, and that fee in the form of a cheque was cashed 10th August 2007. (cheque number ******.)

 

My letter of which you refer to being received by Halifax 24th August 2007 would have been my ‘letter before action’ (dated 21st August 2007.)

 

I take note that you have ordered the appropriate documentation as per the above request but I am sure you are aware of the amount of time that has passed since my original request, the difficulties in communication particularly with third parties and the patients I have shown in regard to this matter.

 

Therefore, please take note that I shall not wait indefinitely for any agreement to be produced by Halifax and if none is forthcoming within in the next two weeks as of the date of this letter is it my intention to contact the Financial Ombudsman Service with a view to them reinvestigating my original complaint without further notice.

 

I hope that will not become necessary though and look forward to receiving a properly executed agreement for the above account in due course.

 

Once again, thank you for your prompt reply,

 

Yours sincerely, me

[steven4064]

Looks OK except typo - "patients" should be "patience"

[davey77]

ah yes thats it thanks.. i knew something wasn't right with that word but couldn't place!

[davey77]

From the FOS today: Just to say that they are passing my complaint re HALIFAX to their caseworker support area to await allocation to an investigation team.

 

I will email them to update them on halifaxs latest letter and my reply to it.

[Maggiebroom]

Hi Davey

 

I have at last caught up with your thread, and the developments are interesting.

 

I too have had a letter from the FOS stating that my complaint has now been passed to a caseworker. When I shall hear next I have no idea, but Crap 1 are still phoning me umpteen times a day, despite the FOS involvement.

 

It seems as though stalemate does not stop them. TS sent me a copy letter from Crap 1 stating that they had removed my phone number from their system and had ceased phoning. What liars. I guess all their phone calls are phantoms then. Debitas are a debt collection department of Crap1 and they told TS that Debitas were an outside company.

I have informed TS of their lies and await their response.

 

I am not holding my breath. Keep up the good work. Your battle is heroic.

 

maggiebroom

[davey77]

Morning Maggiebroom!

 

Ah yes the speedy FOS.. I have had other 'we are passing the complaint to caseworker' letters and that was 2 months ago or more without another word from them. That's as far as i have got with them I'm afraid but at least the wheels are turning albeit ever so slowly!

 

At least you have that 'number removed' letter as proof so a record of all the calls after that will show crap1 one are not keeping to their word!

 

Keep up the good work though.. be interesting to see what TS have to say (even though they are ineffectual cowards) but it's always worth keeping the pressure on! I'll be watching as always and wishing you well!

[davey77]

In the post today:

 

Something from Link (MBNA). Haven't heard from them for a while:

 

Dear Mr x,

 

OUR REFERENCE: ********

ORIGINATOR: MBNA

ACCOUNT NUMBER: **********

 

You have recently made a request under section 77/78 for copies of various documents.

 

Please find enclosed a copy of your agreement. If you requested statements on your account please be aware they have been ordered from MBNA and we look forward to sending them on to you as soon as we receive them. Thank you for your continued patience.

 

They sent me the same page they sent back in July:

 

http://i157.photobucket.com/albums/t42/davey77_2007/MBNA6.jpg

 

Im ignorning it. The FOS complaint is in the pipeline so will wait for that to get going instead.

-----------------------------------------------------------------------------------

 

I also had a trading standards consumer satisfaction survey from Torbay TS. I shall have pleasure in filling that one out!

[davey77]

By email just now re Halifax's reply which i sent to the FOS:

 

Dear Mr x,

 

Thank you for your email. This will be added to your file and be reviewed upon allocation to an adjudicator.

 

Yours Sincerely,

 

Lucy Smith

Casework Support Administrator

Financial Ombudsman Service

[davey77]

Today in the post my cheque for the SAR to Cahoot has been returned from my bank with some form stating their is no account number available! ugh. OK so i didn't put my account number on the back of the cheque but so what.. it was in the envelope with the SAR letter that had all my details including account number!

Oh well, i'll send another off tomorrow with a letter reminding Cahoot they still have not sent me the CCA as they promised they would.

 

Also from the FOS re MBNA. The usual 'large volume of cases, haven't allocated to caseworker yet, will write within four weeks' bla bla bla.

[Maggiebroom]

Don't worry Davey, I think its a delaying tactic too.

 

They are really stupid if they can't see your account number with all the other papers you sent them.

What annoys me though is they really think that we are all so thick that we cannot see through their ploys.

 

You're doing well my friend. keep up the good work.

 

maggiebroom

[davey77]

Yes i think you are right there maggie. No reason why they wouldn't grab that £10 unless they had a mind that doing so would open them up to critisism later on for not complying with the SAR request. hmmmm

 

well, some good news at least lately to coincide with a years aniversary of battling creditors... one of my poems is going to be published! yay!

[hellhasnofury]

Yes i think you are right there maggie. No reason why they wouldn't grab that £10 unless they had a mind that doing so would open them up to critisism later on for not complying with the S.A.R - (Subject Access Request) request. hmmmm

 

well, some good news at least lately to coincide with a years aniversary of battling creditors... one of my poems is going to be published! yay!

 

 

Hiya Davy,

 

Congradulations on the publishing of your poem, I always knew you'd be famous

[davey77]

Hi HHNF! tehe thanks yes it's my 15 minutes of fame at last!

 

Anyone watch the Money Programme tonite? We need more programs talking about bank charges as the media seems rather quiet about that subject lately. Shame the reporter on the program was rather laid back though. She had an opportunity to question the FSA man and the woman representing the Banks. She could have thrown some very strong questions their way and made them very uncomfortable yet she really asked no probing questions at all and just let them give their opinions. Like when the FSA man said something about not wanting to be biased in their decision about allowing banks to keep charging consumers until the test case is heard i didn't hear the reporter speak up at that point. I sure would have!

 

BBC NEWS | Business | Bank charges head for the High Court

[davey77]

Today: 2 brown A4 envelopes (NOT SEALED IN EITHER CASE and completely open at the ends!?!) from Link Financial. Each relating to each account.

 

Card 1:

Dear Mr x,

 

You have recently made a request under section 77-78 for copies of various documents.

 

Please find enclosed a copy of your statements for this account from November 2005 to March 2007. Thank you for your patience.

 

Please contact this office to discuss the repayment of your outstanding balance.

 

Enclosed were a whole bunch of statements (But nothing relating to the agreement itself!)

 

Card2:

Dear Mr x,

 

You have recently made a request under section 77-78 for copies of various documents.

 

Please find enclosed statements on your account from May 2006 to june 2007. We have requested a copy of your agreement from MBNA and hope to provide this as soon as it is received in our office. Thank you for your patience.

 

Enclosed were statements. In either case there was no AGREEMENT. A non-compliance letter reminding them of the criminal offence will be sent off tomorrow and also reminding Link that the FOS are investigating. That'll do!

[hellhasnofury]

Today: 2 brown A4 envelopes (NOT SEALED IN EITHER CASE and completely open at the ends!?!) from Link Financial. Each relating to each account.

 

Card 1:

Dear Mr x,

 

You have recently made a request under section 77-78 for copies of various documents.

 

Please find enclosed a copy of your statements for this account from November 2005 to March 2007. Thank you for your patience.

 

Please contact this office to discuss the repayment of your outstanding balance.

 

Enclosed were a whole bunch of statements (But nothing relating to the agreement itself!)

 

Card2:

Dear Mr x,

 

You have recently made a request under section 77-78 for copies of various documents.

 

Please find enclosed statements on your account from May 2006 to june 2007. We have requested a copy of your agreement from MBNA and hope to provide this as soon as it is received in our office. Thank you for your patience.

 

Enclosed were statements. In either case there was no AGREEMENT. A non-compliance letter reminding them of the criminal offence will be sent off tomorrow and also reminding Link that the FOS are investigating. That'll do!

 

Hello Davy,

 

They truely don't get it do they:D

[davey77]

Hello HHNF.. no they sure don't. And to be honest i am getting rather tired of telling them too. Especially as it's the one year anniversary since all this started and i never thought it would drag on this long. At least the FOS complaints are moving along (albeit very slowly) so there is light at the end of the tunnel. I think from now on my replies will be short and to the point where creditors are concerned as i don't want to waste too much of my day on such unworthy past-times!

[davey77]

I've noticed here and there on this site and others that there are still people who are really put off or believing the Credit Card companies when it comes to reclaiming charges due to the OFT test case. They either think that reclaiming is on hold or take very seriously the letters from Creditors that they cannot reclaim Credit Card charges because of the FSA ruling and the OFT test case.

 

This is not true! The test case refers to Bank overdraft charges NOT credit cards and it stinks that creditors are LYING to people to get them to back off!!

 

Here's what Martin Lewis had to say about it on GMTV:

 

GMTV - Latest clips from GMTV

[davey77]

The post:

 

Seems Mint isn't prepared to wait for the FOS to investigate fully and have passed the account to Triton Credit Services:

 

Dear Mr x,

 

PAYMENT DEMAND

 

Our client has placed your account with us for immediate collection.

 

To avoid further action you are requested to forward a cheque for the full amount by return to the address given below. This should be made payable to Triton Credit Services, ensuring that your reference number is printed on the reverse.

 

Alternatively, payment can be made by contacting this office on 020 7680 9301 and using a debit or credit card.

 

If, for any reason you are unable to make this payment by return, you must telephone this office immediately.

 

My reply will be my usual one:

 

Dear Sir/Madam,

Further to your recent communication in which you demand payment towards the above alleged debt.

 

As a courtesy I should like to make you aware of the current situation. The above account is in formal dispute as a Consumer Credit Act 1974 (sections 77-79) request has failed to produce a properly executed agreement on more than one occasion.

 

Mint (RBoS) have thereby committed a criminal offence and the above account should not have been passed to Triton Credit Services Ltd as per OFT guidelines.

 

I do not acknowledge any debt to Mint (RBoS) or Triton Credit Services Ltd.

 

Please be advised that any further demands for payment and/or visits by field agents will be considered attempted fraud under the Fraud Act 2006 and will result in a Police report being sent to the Local Constabulary and immediate Court Action.

 

Further, please take note that any detail contained in any further correspondence from Triton Credit Services Ltd shall be taken as a statement of truth in Law and could be produced as evidence in any future Court Proceedings.

 

The Financial Ombudsman Service (FOS) is currently investigating my complaint in this matter and I suggest Triton Credit Services Ltd seeks legal advice as to their standing in this regard.

 

Yours Sincerely, me

[steven4064]

Davey - you are absolutely right. We have been pointing this out for ages.

[davey77]

Don't Worry!

 

Wear Sunscreen

[steven4064]

Wear Sunscreen

Good advice (except the bit about throwing away old bank statements :o)

[davey77]

hahaha yes true!

The perspective of history though. This was made when many banks were considered servants of the people rather than the enemy of them.

But yes, i'll give you that one!