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    • I have just checked and unusually, Brent Council have a website that advises on whther their streets are adopted or not. Atlip Road is a private street on their site. Brent Council - Road adoption checker form WWW.BRENT.GOV.UK Form to check whether a road has been adopted  
    • Why international criminal networks are behind a jump in the theft of catalytic converters. View the full article
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
    • The president says he will only sign it if Democrats can pass a separate, far bigger budget bill. View the full article
    • Bolmsgr    if it was me I would put it first as if the contract is invalid and if the Judge agrees, then you win the case.    Indeed, it may be that VCS would not even turn up in at the Hearing or withdraw which would be the ideal situation. However this is your case and FTMDave has worked hard with you to help on your WS.   Whatever you decide to put it I have modified what I said in my previous post so that you can copy it.   Definition of "Relevant contract”  from PoFA 2  [1] means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—   (a)the owner or occupier of the land; or  (b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land.   According to https://www.legislation.gov.uk/ukpga/2006/46/section/44    a contract to be valid requires a director from each company to sign and then two independent witnesses must confirm those signatures. The fact that no witness signatures are present means the deed has not been validly executed. Therefore there can be no contract established between VCS and the motorist. And even if "no stopping" could form a contract [which it cannot], it is immaterial. There is no valid contract end of.   Surely VCS a company that signs innumerable contracts must be aware that no contract exists at the East Midlands Airport. Two points arise from that.   The first is that by issuing many PCNs at EMA with knowingly not having a valid contract is bordering on fraudulent.   Second, VCS in order  to gain access to DVLA data VCS have averred that they have complied in their CoP that they have complied with all the legal necessities, which appears patently untrue.   As Lord Neuberger said in the famous Parking Eye v Beavis  at the Supreme Court [2015] UKSC 67-"And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA.   In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced". The Noble Lord is correct and should call into question the right of VCS to obtain information from the DVLA.   You may have noticed that in the second paragraph of this post the words "relevant land" cropped up which would be a good follow on for bringing up the Bye Laws and streets covered by the Road Traffic Act in case the Judge did not accept the contract argument.  
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Harrythehawk v Studio Cards


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I have just started the process with these people, at the moment I am going after my bank, however I saw that Studio don't always appear to put up a fight and that I might aswell tackle them now rather than leave it until later (I can fight them if they want but just selecting the easy targets first !!). My wife owes a DCA around £800 from a debt going back years which I found out about end of November !! (lucky me!), I then found some of the statements unopened in a bag at the back of her wardrobe (amongst many other things) and as I have got more into the site I have become aware of charges and every month at least for the last year she has had service and administration charges of £40-50 applied to this account and hasn't bought anything from them. Asked the DCA to confirm what she has paid them and that I am going to dispute the actual debt with Studio which a SAR has gone off to them today and keep the DCA informed. This should prove to be very interesting and if it has gone on for as long as I think this could be a substantial amount of cash.

 

Will keep you posted.

 

BTW, anybody know if Redoute, Kays, Choice and Littlewoods are ones to go for in the same way ??

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Got the statements today !! No CCA, however it makes pretty ugly reading since 2002:

 

Service Charges: £785.69

Admin Charges: £325.00

PPI: £457.45

Value of Goods Actually Bought: £1,142.30 (Nothing has been purchased in over 2 years !!)

Total paid so far: £1,919.61

Outstanding: £773.11 (this isn't what adds up on the statement and the DCA have asked me for £790 immediately hmmm)

 

Well, I am happy enough to go for them on the Service & Admin which will leave them owing me money and my concience is clear that we have paid for the goods. What I am wondering is the PPI, I haven't got and probably never will get the CCA or agreement for PPI cover, and more importantly this seems to be calculated on the balance every month and has increased in premium as this has gone up, obviously this PPI pemium has been based on the charges too and certainly for the last two years no purchases have been made.

 

I would love to do them for the lot however is this a separate claim after I deal with the charges or shall I lump it in on the basis of no signed agreement to PPI and how the premium has been levied and calculated ???

 

Any advice here would be excellent and very much appreciated, I am chomping at the bit to get after 'em after all the threats of court action from Legal & Trade it appears they now owe me quite alot of money and it feels real good !!

 

Cheers

 

Harry

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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BTW, anybody know if Redoute, Kays, Choice and Littlewoods are ones to go for in the same way ??

If you have charges on them then yes - you can do the same ... I'm currently 'battling' with Littlewoods ... have a court date for march ...t hey're not shifting at the mo!

 

Got the statements today !! No CCA, however it makes pretty ugly reading since 2002:

 

Service Charges: £785.69

Admin Charges: £325.00

PPI: £457.45

Value of Goods Actually Bought: £1,142.30 (Nothing has been purchased in over 2 years !!)

Total paid so far: £1,919.61

Outstanding: £773.11 (this isn't what adds up on the statement and the DCA have asked me for £790 immediately hmmm)

 

Well, I am happy enough to go for them on the Service & Admin which will leave them owing me money and my concience is clear that we have paid for the goods. What I am wondering is the PPI, I haven't got and probably never will get the CCA or agreement for PPI cover, and more importantly this seems to be calculated on the balance every month and has increased in premium as this has gone up, obviously this PPI pemium has been based on the charges too and certainly for the last two years no purchases have been made.

 

I would love to do them for the lot however is this a separate claim after I deal with the charges or shall I lump it in on the basis of no signed agreement to PPI and how the premium has been levied and calculated ???

 

Any advice here would be excellent and very much appreciated, I am chomping at the bit to get after 'em after all the threats of court action from Legal & Trade it appears they now owe me quite alot of money and it feels real good !!

 

Cheers

 

Harry

 

Right You need to do the claim as a whole ... re the PPI you can claim all this back too if it's not something you ever agreed to ... Infact even if you did then I would doubt you actually signed an agreement which makes the whole thing unenforcable anyway.

 

You are on the right track with your thinking here.

 

The CCA request ... you give them 12 working days first - if you get no reply then they are in default. What to do next is send a gentle reminder letter (there may be one in the templates library) Then you wait a further 30 days ... if you still get no response then they are in breach & this is when the contract is unenforceable by law.

 

I've subscribed to your thread now & will will try & help where I can .. good luck :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Hiya Harry ! Found you at last -having a quick look in before work!

Re: The PPI have you looked on the separate forum for it? May have some interesting pointers. As I understand it, this can be cancelled - you are not obliged to have it but I have don't beleive you can claim money back on it retrospectively unless you can prove you were knowingly misled and this can take some doing.

Re:IMHO I don't think you'll get far trying to reclaim the service charges as these appear to be within limits with Studio and thus deemed fair (I can only go my own situation here of course as I don't know what you were charged exactly). The service charge is made up of interest (you may a bit less if you pay by direct debit) and a pro-rata charge upon purchases.

Re: Admin charges - These at (in my case) £20 a time are the ones to go for as these are unfair and the law is on your side here.

Regards,

SG x

:rolleyes:
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Thanks SG, will sit back for now and let them default on the CCA request and then commit a criminal act before I strike, I see what you mean about the "service charge" possibly being interest however for at least two years interest has been paid on interest and charges and PPI which has got to the level of obscene in my book, they have had nearly two grand out of my missus for not much more than a grands worth of stuff and still they want more !! Got another month or so to have a ponder on this by which time I will be more confident of going for the jugular as there is less chance of them going to court and revealing their criminal activities.

 

Harry

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Re:IMHO I don't think you'll get far trying to reclaim the service charges as these appear to be within limits with Studio and thus deemed fair (I can only go my own situation here of course as I don't know what you were charged exactly). The service charge is made up of interest (you may a bit less if you pay by direct debit) and a pro-rata charge upon purchases.

 

Well as I say ... I claimed back ALL my admin charges plus the service charges (interest) on them ... I had no problem at all getting a full refund on this PLUS 8% interest over two years!

 

You can only claim the portion of interest/service charges that you paid on the admin charges tho ... praps that's where you are getting confused?

 

HTH? :-)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Yes that's right chetz - I should of made it clearer. I was under the impression that Harry was going to try and reclaim it in full and that may of caused problems.

Everyone is different I know, but I just made a list detailing all the charges etc and sent it with a letter requesting repayment to which they paid back within a week, you do it your own way of course Harry, but you could try this yourself. Yes, you could wait for them to default but I believe that an opportunity should be given for them to repay first as it would look for better on a case you were to bring against them for default were they not to pay up..

SG X

:rolleyes:
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Yes that would make sense, the statement I received hasn't broken down the service charge, do you know how this is calculated or is it a case of writing to them again and asking for this to be broken down or sending it all in and asking them to recalculate, I do want them to do a similar thing on the PPI as this has also been calculated on interest and charges ?

 

Regs, Harry

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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_A couple of things : As I have never taken out a PPI (just a personal viewpoint, but I think they are a money making rip off) I can only advise you IMHO . I still don't believe that you will not be able to claim back on this retrospectively (but again I have advised you to look for separate threads regarding this) because you should of cancelled it before and had the option to do so when you saw it on your first statement, by continuing to keep it you were effectively giving the okay. There will undoubtedly be something in the small print saying that if you don't want it then to let them know; it may not be right to do it in this way but they can argue that it was clearly in the small print. If you are able to prove that it was mis -sold to you then you open up a whole new ball game. This is an area to be covered in itself and once again I urge you to check out the PPI threads as we could be here for weeks dicussing this when it has already been dealt with and will be far more useful to you elsewhere on the forum.

If you only have one statement giving the total amount of admin etc it will be difficult to work out the exact amount of interest due because,to simplify, it acrues from the date the charge was made. I thought you had individual statements - would you clarify.

The interest rates and how they are worked out are on the back of original statements (in my case)

By the way, don't worry if I don't get back to you immediately, as life gets in the way, but I will come back as quickly as I can to try and help :D

SG x

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Thanks again SG, I am no hurry at the moment, just getting things together. What I received was a list of transactions in date order, I do have some statements at home which I will check through and from there it should hopefully tell me the interest and also how PPI is charged, again if this is linked to the balance it is wrongly calculated, I'm not too bad with maths and a calculator so I think I can have a good stab at it, still no sign of any CCA and also I need my stuff from the DCA to ensure I have included every single penny.

 

TTFN

 

Harry

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Hmmm interesting. The account doesn't include PPI anymore since it went to the DCA in 2005, no other activity has occurred at all other than the DCA demanding money. Well the PPI it hasn't been mis-sold on the other thread basis and the account was started by Mrs Hawk in 2002 and she has no idea what she signed or agreed and I haven't got a copy yet, I only discovered this and the mess it was in (amongst many things) at the end of November. One way or another it ain't been calculated right and I think a preliminary letter for everything as far as I can calculate it in three parts will be the way to go, from what I have read on here you tend to get a response from Studio saying yes we agree this but don't agree that. One will be the admin charges, no problem, second the service charge and interest on said unfair admin charges and subsequent PPI premium, third will be the PPI incorrect premium as a result of unfair charges and interest on them right back to 2002 !! I will ask them to clarify how they have calculated these and again ask for copies of the agreement, Policy and Terms & Conditions (I think I am entitled to them !!). If I can't possibly do this then I am right to ask for a full breakdown under the original S.A.R and CCA I have already submitted before drafting a Preliminary letter ?

 

OMG this is getting a bit complicated !! :eek:

 

Harry

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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SG I thought that might be the case! :)

 

Harry - you don't need a calculator .... have you thought about using the spreadsheets in the Vampiress chambers?? They do all the calculating for you - all you have to do is input the charges detail & interest etc and it calculates the interest on charges

 

here is the link - you have to join if you're not already a member but it's free & easy so no worries there

 

VAMPIRESS'S CHAMBER OF "CONSUMER ACTI...

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Thanks Chezt !! I will check it out when I know all the facts and figures, there are alot of complicated issues and the PPI doesn't help as that is linked into the charges and interest. I have sent a letter asking for more details from them and break downs of what is interest and what is not, the correct documentation as far as the signed CCA and original PPI goes. When I have a response for this I will be clearer what I am going for in my preliminary letter, they still have time on the SAR to do this, if it hasn't arrived by the 40 day deadline I will put in what I think if they can't explain or provide the right info. Just to complicate it even more their figures are different to the DCA which I also need verifying before I go wading in, have sent them a SAR and CCA last week for good measure. I also summarised the situation outlining how the charges look in relation to the goods sold and what has already been paid so you never know this might be enough although I haven't asked them to do anything yet other than send me the info/docs, then I will respond but did make it clear I disputed the allegded debt and until everything was in order and agreed I would hold payments in my own account. It is a sort of SAR / preliminary-preliminary but the ball is in their court, if they come up with the goods I will know where I am otherwise after 40 days preliminary will formally go in for the lot.

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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I would write to the DCA (short but sweet) stating that you do not intend to discuss the account with them as it is now in dispute & suggest they contact their client for further details (I'm sure there is a letter in the temps library for this) The differing amounts is probably charges for referring the account to them I woulda thought?

 

As for the PPI have you actually signed up for this ... if not then I would just go ahead & claim it back as if you didn't sign for it then it's unenforceable anyway!

 

Presumably the SAR request you made was for copy statements that you are missing? So have you sent the CCA request for a copy of your contract also?

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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I have indeed sent the CCA, it is already in default. Like I say I am hoping the penny drops with this latest letter that I know what I am doing and it will be solved when they realise how far I could push this although I haven't said what I will do or what I want, there again they could ignore it but won't when the real action will start after the SAR expires, it is my wifes account ( I didn't know it existed) and she can't remember signing anything and I doubt she did, it is up to them really now to come up with the information or a solution, I have done all I can for now so let's wait until the clock stops ticking. As for the DCA, have not had a peep out of them, strange their number hasn't appeared on my call log for a week or so now since I have told them they ain't getting anything else but I do need to see what they do have or had from her as their figures are different to Studio and also just to show them who is in control now, strange the last thing they did tell me Studio would simply pass all the correspondence to them !!

 

Will keep y'arl posted and thanks again to you and SG for your support and advice, this is my first real action on fighting the debt mountain (many more battles ahead) and the site and people on here have really helped.

 

Harry

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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As for the DCA, have not had a peep out of them, strange their number hasn't appeared on my call log for a week or so now since I have told them they ain't getting anything else

Yep, real strange, that is. :p :p

 

You keep at it, Harry. I'm another who's with you all the way. I've started my own thread for my claim for my wife's Studio, so I'll be watching yours with interest.

 

OB

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Letter from manager of Studio debt recovery dept 29/1, "re your recent letter (CCA request) this account has been passed to an external collection agency".

 

They don't have a CCA do they !!

 

Expect different response to my letter today ..... I predict it the "debt" will suddenly re-appear in their offices !!

 

Will drop acknowledgement and ask for clarification on who OWNS the "debt" ........ keep on digging Studio, Harry is coming to get ya !!

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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  • 2 weeks later...

Any updates, H?

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Well, letter received from Studio .... £325 admin charges and anothe £50 odd quid in interest refunded as GOGW, has halved the amount. They are still looking into the PPI and have referred back to their Finance Dept. Enclosed a new CCA, unopened, unsigned (yippee!!). Have responded to accpet GOGW as partial payment pending investigaton into the calculation of the PPI and if it was ever requested, pointed out CCA was not executed copy and asked for clarification of service charges which they didn't !! Good result ...... so far, obviously not paying them anything yet as still in dispute which I made clear too !! As for poor old Legal and Trade, sent me another demand for the full amount and have taken my £10 SAR and deducted it from the total, no other letters or phone calls (amazing eh ??). Have written to ask them not to deduct the £10 from the "debt I do not acknowledge to them" and use it for the fee under the Data Protection Act and send me the details I requested .... warning shot across the bows ..... also suggested they should really speak to Studio, it is getting very embarrassing.

 

Today I feel like I am winning (at last), only a matter of time now !!

 

Keep fightin' em !!

Professional Halifax Loather

 

"In the dark, all cats are grey"

 

Illegitimi Non Carborundum

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Today I feel like I am winning (at last), only a matter of time now !!

 

Keep fightin' em !!

Good partial result, Harry; I'm well happy for you, mate. I sincerely hope you get the rest sorted, too.

 

My Prelim has gone off, asking for clearance of the debt, and the difference between the debt and charges due as a cheque.

 

Keep us updated.

 

OB :)

Please read the Stickies and FAQs. Your question may have been answered already.

 

Old Bear vs. NatWest - won after first letter £600

Mrs Bear vs. Studio - won after first letter £360

Old Bear vs. Abbey - won after first letter - only £50, but it's the principle

Old Bear vs. Black Horse - £117 of charges wiped off 2 loans, but more WILL follow

Mrs Bear vs. Index (Littlewoods) - SAR sent - 2/2/2007

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Hi Harry,

 

Well done on your partial victory...hang on in there I'm sure the rest will follow. They also applied my £10 SAR cheque as a "payment" which reduced my balance by a further £10 & as they sent me statements promptly I didn't query it with them (not my fault if they don't know what they're doing!!;) )

 

I've been racking my brains re the PPI when I opened my account....all that I can remember is that after a couple of months of it appearing on my statement I rang the helpline & told them I didn't want it & they stopped it straightaway. I'm pretty sure the lady told me it was being charged as I hadn't "opted out of it". Probably not much help to you other than in my opinion it must've been misleading or at least not very clear as I NEVER choose PPI for anything as it's such a waste of money. Good luck.

 

 

OldBear : Hang on in there you WILL get it back. Watch out though as they cleared my account (£193) but sent me £150 vouchers for remainder of claim.:mad: I swiftly returned the vouchers as I'd also requested a cheque for the difference. It's taken a further 3-4 weeks but I've now received a cheque to replace the vouchers.:D Good luck.

 

Villafan

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Villafan - keep an eye on your account tho mate - that's what heppened to me with the vouchers etc & they first credited my account which was a zero balance & took it into credit. After they sent the cq, eventually they debited my account leaving a balance due!! Since then it's incurred charges & interest! Not bad for a zero balance eh!

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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