Brooksdad v Woolwich

[tbern123]

If Barclays had used this to reduce the debt then by now you would only owe £2000. What happened to the cheque for £3000?

 

Exactly, sorry Hughes I think I have only confused the basic issue with my previous posts, thanks Michael

[hughes690]

So all the successful claims (totalling £19,568,182) against Unfair charges ALL the original debts created by those charges are still owed back to the banking institutions (or DCAs) by those successful claimants????

 

Woa!!

 

The whole thing, then, is a useless exercise!!

 

I wish for further clarification.

 

[tbern123]

No

 

Some of the people that have reclaimed charges, don't also also a debt to the Original Creditor or a DCA.

 

The whole point of reclaiming charges, is to get a refund of the charges that you should not have paid. If you still owe £5,000 (£3,000) of which is charges, you are asking for a refund of something you did not pay in the first place.

 

However, you do have a number of options, you can spend the refund and dispute the debt, use the refund to reach a reduced settlement of pay the full refund towards the debt and reduce it by the amount of the refund

 

In relation to Woolwich, until May/ June last year as matter of routine they would send customers cheques in relation to charge refund requests. However, before the announcment of the test case they stopped this and started to recall accounts from DCA's applying the refund to the debt then refunding the customer any surplus amount

[hughes690]

I held cheque in my posession - unsure of my intentions of course of action - I eventually rang Baclays Litigation (who made the Settlement) after some time - I think some months - they said the cheque was still 'live' and to deposit it. This I did - it is still in a Savings a/c with my NEW bank.

 

I would HATE to give it to a DCA to help reduce original debt!

 

[tbern123]

Without ducking the issue, it is down to you if you pay a DCA or not.. Personally, going by the way they treat people I wouldn't....

 

However, you have to take a lot of factors into account.

 

1) The Amount of the Debt

2) Can it be disputed

3) Do you own your own home (possible charging order)

4) Possible CCJ

 

You could make a offer a partial settlement in relation to the debt say 10p in the pound in full and final settlement.

 

So if you owe £5,000 offer them £500, they can only say yes or no, at least that way, the debt will be fully repaid you can spend the rest of the money on anything you like and when your second claim pays out you are totally free to do whatever you want

[Michael Browne]

 

I requested Barclays NOT to send me Cheque payment last Jun (07) at Part Settlement stage but to reduce account debt by the amount agreed.

 

Last June you were perfectly happy for Barclays to use the part refund to reduce the debt, ie you would not have had use of it nor put it in asavings account, but you would have only owed £2000

 

I would HATE to give it to a DCA to help reduce original debt!

 

Now you don't want to part with it, yet seem to be outraged they still want £5000.

[hughes690]

So I say again - this whole exercise is worth NOTHING!

 

To answer your Post the amount of debt is over £5000 made up of Unfair charges (refund inc interest £2890) - I stopped funding the A/c and started my initial claim against those charges because every credit made to account (inc benefits to help us live) were swallowed up in charges leaving us absolutely penniless.

 

What has owning my own home got to do with it?

 

CCJ - by whom - DCAs?? - THAT'S ENCOURAGING!!

 

Offer of settlements have been made by DCAs recently. I reported this here and was advised on this Thread to ignore and send Recorded Delivery letters (which I did) re 'INDUCEMENTS TO SETTLE' Threats! See earlier Posts on this thread.

 

Does the 'HOLD' on reclaiming unfair bank charges not apply to DCAs?

 

I URGENTLY require further clarification!

 

I thought this site helpful in past days!

 

I FIND THIS SO DISCOURAGING.

[hughes690]

It's NOT that I don't want to part with it - I have it in Sav A/c - but am reluctant to give it to any of six Dcas.

 

Are you seriously suggesting I do?

 

Even to reduce original debt (Unfair charges)?

[tbern123]

What has owning my own home got to do with it?

 

If you own your own home you have more to potentially lose then someone that doesn't.

 

If you don't repay the debt the DCA or if the debt is returned to Barclays, could apply to the court and place a charging order on your house

 

CCJ - by whom - DCAs?? - THAT'S ENCOURAGING!!.

 

Yes it is a possibility

 

Offer of settlements have been made by DCAs recently. I reported this here and was advised on this Thread to ignore and send Recorded Delivery letters (which I did) re 'INDUCEMENTS TO SETTLE' Threats! See earlier Posts on this thread.

 

I was not suggesting you accept any of their offer of settlement, I was suggesting that you could consider making your own reduced offer...

 

Does the 'HOLD' on reclaiming unfair bank charges not apply to DCAs?.

 

In what way ?

 

So I say again - this whole exercise is worth NOTHING.

 

I disagree, you have a refund of your charges, which you could use to reduce the debt. If you did not get a refund of charges, you would have to pay the whole £5k out of your pocket instead of the £2k and using the refund..

 

So you save £3,000 hardly worth nothing

[hughes690]

I still find your theorising very patronising and think this discussion (for every member able to read - (shudder!)) might have been better on another avenue. What might a new member seeking advice here think of it?

 

Your interpretation might be correct in a member of this site owning property and the potential of court action against it - but to bring this (fear) onto this platform is equal to the threats of the DCAs.

 

Your standing, in my eyes, has fallen and I wish to have no further Posts from you on this Thread re this subject.

 

I will await some more constructive and sympathetic advice from more experienced persons.

 

I'm away for a large brandy!

[tbern123]

I still find your theorising very patronising and think this discussion (for every member able to read - (shudder!)) might have been better on another avenue. What might a new member seeking advice here think of it?

 

Your interpretation might be correct in a member of this site owning property and the potential of court action against it - but to bring this (fear) onto this platform is equal to the threats of the DCAs.

 

Your standing, in my eyes, has fallen and I wish to have no further Posts from you on this Thread re this subject.

 

I will await some more constructive and sympathetic advice from more experienced persons.

 

I'm away for a large brandy!

 

Out of respect to your request, I will not post again on this thread. However due to the content of your previous post, I feel that I have the right to respond.

 

Firstly, I am sorry if you found my “theories” in anyway patronising, this was never my intention. One of the purposes of an open discussion forum is to discuss and debate topics. I am also sorry if you feel my posts were not sympathetic enough. I didn’t realise you wanted sympathy, I wrongly assumed you wanted answers to your questions.

 

Secondly, you asked a question and using my knowledge and experience (as you have today looked at my CAG profile, you know that I actually do have a great deal of experience of dealing with various DCA’s and I have also reclaimed unfair bank charges) to answer the question you had asked.

 

It is most unfortunate that on this occasion the answer does not suit you and for that I can only apologise again.

 

In relation to comparing my posts to a DCA, (considering my experiences with DCA's) I am deeply offended by what you imply. If you were to read my posts again, I am sure you will agree that they were made to educate rather then to cause fear, as they say information is power. Surely you would prefer that people tell you the truth rather then make up fiction just to make you feel better.

 

You say that this discussion might have been better on ‘another avenue’ and I have brought fear to this platform...

 

All I can say in response to those comments is, what other avenue / platform would you suggest. Sometimes the truth is scarey and hard to accept.

 

I have to ask, why ask a question if you don’t want to an answer. I started to post on this thread to try and use my knowledge and experience to help you and answer any questions you may have.

 

Sadly because I am unable to tell you the sky is yellow when in fact it is blue you have asked me not to post on your thread again. I will respect your wishes on the understanding that I reserve the right to respond to any comments made in relation to my charactor.

 

If you note the little green boxes under my name, you will see that I do help other people and I am pleased to say they appreciate my help.

 

Excuse me for trying to help you. I guess you just can’t help some people......

 

Enjoy your large brandy !!!!!

Edited May 7, 2008 by tbern123

[snlc]

I still find your theorising very patronising and think this discussion (for every member able to read - (shudder!)) might have been better on another avenue. What might a new member seeking advice here think of it?

 

Your interpretation might be correct in a member of this site owning property and the potential of court action against it - but to bring this (fear) onto this platform is equal to the threats of the DCAs.

 

Your standing, in my eyes, has fallen and I wish to have no further Posts from you on this Thread re this subject.

 

I will await some more constructive and sympathetic advice from more experienced persons.

 

I'm away for a large brandy!

 

 

Hughesee, you take tberns name in vain mate and you will live to regret it. This blokes the mustard and saved so many skins against dca's you wouldn't imagine. He's one of the cabot lot, crucified em, brilliant. Take no notice of im mate and suffer, thats all I can say..Ignore him at your peril.

[Rhia]

I too add my comments to snlc. Tbern is neither patronising nor theorising. As one who successfully beat off a very complicated and nasty attempt by a DCA for a Charging Order on my home I can state Tbern's extensive exprience and knowledge is not to be dismissed.

DCAs are applying for Charging Orders and Statutory Demands all the time these days and you need to know all the angles, incuding accepting some facts that you may not want to accept.

The Judges vary in attitude towards these matters and if you are attempting to see off an OC or a DCA in court you need a very cunning game plan and be in full possession of the facts such as the fact that requesting a copy of a the credit agreement is a non starter for a current account as they don't have agreements and are the "if any" referred by Francis Bennion when he drafted the CCA 1974. This has also been confirmed by Professor Good who is the acknowledged authority on the CCA.

I know who I would want on my side.

[hughes690]

Tbern123 didn't do me any favours - expert, as he may be - I thought when reading Posts yesterday it was another letter from a DCA!...

 

I also thought this Site was to encourage the fight to DCAs - not scare the living daylights out of fellow members.

 

Edited May 8, 2008 by hughes690
mis-spelling

[tbern123]

Tbern123 didn't do me any favours - expert, as he may be - I thought when reading Posts yesterday it was another letter from a DCA!...

 

I also thought this Site was to encourage the fight to DCAs - not scare the living daylights out of fellow members.

 

 

Ok lets break this down, what "favours" are you actually looking for ?

 

You asked a question,

 

After I had received a refund why hasn't the debt been reduced.

 

I answered the question

 

What exactly is the problem ????

 

With respect, have you actually taken the time to visit the Debt section of this site? I highly recommend it..

 

If you honestly feel the mention of CCJ’s, Charging Orders and Statutory Demands is intended to scare members you are very much sadly mistaken. A quick visit to the Debt section of this site will clearly show you that these things are happening and that members need to be aware of them.

 

Furthermore these specific topics are discussed on this site on a daily basis.

 

Here is a petition set up on the Downing Street Website about this topic. I suggest in addition to visiting the debt section you also sign up to this petition

 

http://petitions.pm.gov.uk/chargingorders/#detail

 

Here is a list of the threads about Statutory Demands

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=1462406

Here are some about CCJ’s

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=1462411

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=1462414

Here are some about Charging Orders

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=1462417

All of the above threads can be found in the Debt section of this site.

 

Could you also please clarify why you feel my posts are in anyway similar to a letter from a DCA ?

[hughes690]

After a sleepless night I still feel the Posts made yesterday have completely disillusioned my wife and I.

 

I have signed petitions here, read and reread Threads (inc those you recommend reading) - I will look again there for reassurance!

 

You seem to think I am somewhat a novice here on CAG - you may think you have more experience than others but it is with others I will seek any further advice I may or may not require.

 

Bab's Mum wonders why Posts on Sister Site were withdrawn. Was this a HUFF on someone's part?

 

[tbern123]

 

I freely admit that I deleted my posts on the other site as it became obvious that you are not interested unless someone was to say that you can keep the refund and have the debt reduced.

 

How you can compare by posts to a DCA is beyond me and I am frankly disappointed that you have attempted to twist my posts.

 

I am not an expert. I have never claimed to be. However, in relation to Woolwich, I do have knowledge that I thought may of been of benefit to you.

 

If this is how you react when someone attempts to help, people will think twice in future

[hughes690]

I conside this debate closed - Ta!

 

[hughes690]

Receiving (too many) phone calls from most recent DCA re urgent payment required and to contact on phone.

 

I have never discussed on phone anything relating to this Woolwich A/c with any DCA.

 

Would appreciate further advice re this harrassment by this, the FOURTH, agency.

 

[hughes690]

Letter from Debt Collection Agency ECI stating they no longer chasing debt!

 

Wonderful!

 

Another DCA bites the dust.

 

ECI really are EQUIDEBT to whom they say they have returned the account.

 

Previous Posts on this thread refer.

 

:cool:

[hughes690]

WHAT's NEW??

 

DCA Robinson, Way telephoning every day

 

I'm on an extended hol from home - have been for several months - several more months to go!

 

When visiting home address BT 1571 tells who's out there with messages!

 

DCA Robinson, Way!!!!

 

[hughes690]

Three more demanding letters from Robinson, Way since last Post - plus phone harrassment daily!

 

Robinson, Way recently made TWO checks on my Experian credit score file.

 

Now - THAT IS NEW!!

[hughes690]

UPDATE:

 

Still receiving demanding/threatening letters from DCA Robinson, Way

 

Is there no end to this?

[hughes690]

HAS THIS HARASSMENT TO CONTINUE FOR EVER?

 

OR UNTIL JAN 09??

 

[hughes690]

HAD A CALLER AT MY HOME the other day - He/she left a card with no detail on - asking to ring a mobile number URGENTLY!

 

I was not at home on day of visit.

 

I have ignored the request.

 

I wonder was this a follow-up of Robinson, Way threat to send caller for doorstep visit? - with whom I will not engage if I ever meet.

 

(I have NOT had any correspondence recently from them)!