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    • Amex as with any creditor must help you the FOS should go with you and make them remove all interest charged from the very 1st time of asking for help. the FCA regulations actually almost dictate it, they most certainly clearly state that if the are FCA registered they must help.   it's very telling they have no marked your credit file....almost as if they know they are wrong. it's also telling that an irresponsible lending complaint might well be in order hear too, they can just keep upping the credit limit without checking you can pay. and ofcourse covid plays its part here and they've already admitted as they allowed payments holidays until october in line with the rest of the industry and they should be continuing that. you problem is you keep using the phone, no paperwork no record of things discussed. i'd get an SAR off to them. and get the comms/account log and all the statements from day one and go nail them.
    • Hello CAG, Bit of a long post, may want to get a cuppa before starting reading... 😁   after being a lurker for many years and trying never to get into a mess with credit cards like i did 20 years ago, i've got myself into a mess with Amex... I've tried being open and honest with them, but now getting the feeling they are messing me around.    Its not a chargecard, but a Nectar Credit Card with them. TAKEN out 2016. Balance is just under £15k as of today, was almost at £17k.  Debt still owed by Amex, not been sent to NCO/Arrow etc - YET...    Background (short version): Was all fine with more than min. payment (£500 or so), being made until April 2020 when a number of things reduced my monthly salary from work (mainly, take a pay cut or be made redundant), so I soon quickly realised i needed to tighten my belt quickly. Phoned Amex, advisor said nothing they could do except Payment Holiday. Was put onto that for 3 months, told that Amex will be in touch at the end to restart payments. I asked about interest being stopped/frozen/reduced - not possible. So agreed to payment holiday to give me breathing space. 3 months came and went, no contact from Amex... No payments made, interest still racking up at around £300 a month...    Rang Amex back (July 2020), we cant do anything today because your in the middle of the statement cycle call back next week. Called back week after, no solution yet (i asked about things i seen on Amex US website = Regain program - basically freeze card, lower interest rate and pay a set amount for 12 months - more about this later) > Not available in UK yet.   Want to stay on payment holiday Mister B? I asked if there was any way interest could be stopped as this is making the balance increase and increase. No. Do you want to stay on Payment Holiday? Ok. (Bear in mind, if i came off Payment holiday. Minimum Payment was around £570 per month.  So, stayed on payment holiday... Didnt hear anything from Amex again. Called back up in September 2020. Please call back in October after 10th and we can assist.   Called back after October 10, went through loads of stuff, different options etc, was warned that Payment Holiday might not be extended much longer, but now have a program. Worked out with Amex woman that i could pay around £200 per month. But please stop interest - no we cant but we can reduce this down to 9.9APR instead of 23%... . Amex woman said she needed to submit details to 'Seniors' at Amex, please call back next week for update.   Called back week after, advised that first Amex woman was wrong and had made mistakes, shouldn't have told me what she had told me, £200 is too low, minimum would be £389 per month for 12 months or account will default. Told Amex woman 2 that couldn't afford it, went through this last time, etc etc. Amex woman 2 went off, came back, £329.74 is minimum they can possibly accept, 12 months at that amount per month and interest would be lowered, but not stopped. If you dont take out this 'Program' then account will default and will be passed to NCO or Arrow (I hate them both).  Went off, tried to get loans etc, all refused. Rang Amex back, reluctantly agreed so i can keep credit rating at 'good'.  So, been paying since Nov 2021 @ £329.74.    Letter arrived in December - due to out mess up with moving accounts around whilst on payment holiday, we are going to give you £3074 back. Logged into account, only £30.74 refunded, not £3074. Phoned Amex cos thought it was a joke/mistake - Spoke to some bloke - Oh dont worry, the rest will be applied to account automatically in 7 days. he advised was genuine but then got cut off during call. Called back, spoke to some other bloke, yes, looks genuine but please hold... Came back 10 minutes later. Oh, its a mis-print, you are not the only customer to receive one of these. Each should have been £30.74 not £3074. Me = Gutted.    Wrote a letter to Amex saying how dissatisfied i was with general customer service and felt they were incompetent, blah blah etc. Final response received, Complaint partially upheld, heres £150 credit because we were a bit silly, but thats it. IF your still not happy, go to FOS. Opened a case with FOS... Have sent them the complaint letter to them and have had a call from them about this... FOS are backlogged though and will take another 3 months for complaint to be looked at by them.   Let me make this 100% clear, fully admit to owning the debt, yep, ive spent this money (wish I knew what on, cos having got much to show from it - just general stuff and holidays)... Not trying to shirk out of it, trying my best to keep up with re-payments but im really struggling. After I got paid on 1st April, after paying all outgoings i had £9.83 left in current account so am having to go into overdraft each month which is just a vicious circle.  I would really like to NOT have to down the default route and trash my credit rating and then have to deal with the morons at NCO / Arrow etc.    Meanwhile, this is where I need the advice of the CAG experts... - Credit Limit increases... These were coming every few months and it was just being upped and upped and upped. Credit limit eventually was stopped at £15,400. Some of the increases I never even received letter for, just noticed when I logged into account. >>>> Would this be a case for irresponsible lending?   - Stopping interest - I've read something on FCA site that they recommend (not policy) that if a customer is put onto a payment holiday then they recommend freezing interest for customer so the debt doesn't continue to build. I've asked time and time again, Amex just refuse.  >>>> Any tips on how to get Amex to play ball?    - Full & Final/Short settlement I've rung Amex today, told them I might be able to pay it off. Initially they said full balance, i then pushed, they then said they would accept 80% of balance, pushed them a bit more, got it down to 70%. >>> Surprised, and then very surprised they would accept 70%, anyone else think this is a bit odd? Normally they wont budge, or they wont budge from their first offer... Could their be something wrong on account (missing CCA etc?), or do they want rid of me and account as much as I do with them?   - Cant really keep going at these £329.74 repayments. Something is going to have to give somewhere. I believe they wont go any lower and they will just default it i send £100 instead of £329 and send it out to NCO/Arrow. This might not be a too bad thing though because this would stop the interest right? Anyone thoughts on this?    Anyone think of anything else I could try with them? Again, its still with Amex, not defaulted or anything yet, yep, its all my own fault, i've spent the money, dont deny that, just feel Amex have took advantage etc.   Many thanks for reading. Any advice is greatly appreciated.   Kr, Mista B.     
    • Ok so we have complained to HMRC but were still no further forward with getting the P45/P60. We need this as DVLA has said they need more proof of who he is before giving him a provisional license.  What more can l do. 
    • Hi All   just looking for some advice. I bought a used Porsche Boxster from one of Marshall motor group’s Audi dealers (can I name them?) recently and was assured that it received a major service in October 2020 in line with the manufacturers requirements. The service book confirms this. The dealer also told me on the phone that they have a 6 month rule with any mot or service being done if due within this period which assured me when making an offer over the phone on the car that it wouldn’t need anything doing for a while as I recall saying that.   However, digging through the receipts post delivery I saw that the service was in fact minor and after calling the specialist who serviced it in Oct both they (Sheepishly) and the invoice confirmed that the car did not receive new spark plugs, an air filter, brake fluid replacement or a new fan belt which have now all fallen due and hence the major service due warning light. Had I not investigated this then the car would have potentially gone another 4 years, so 8 in total without some of these items being done.   i emailed the salesman to ask what they would propose to do. The matter is complicated by my living 450 miles away in Scotland, and 200 from their nearest branch, a Mercedes dealer in the Lake District, so I suggested getting my cheapest local specialist to do the works that have fallen due, however I have received no response.   Whilst I am still within my 30 days i don’t want to reject the car, which is otherwise perfect, but the fact remains that the Audi 150 point check only asks for upcoming mot’s to be checked and not services and surely you wouldn’t buy an approved used car and expect to have the service light come on 2 weeks later and have to spend almost £500 putting it right.   i would really appreciate some advice on next steps and perhaps who to escalate this to. Meantime the car is booked in for 2 weeks time to get the work done at the cheapest reputable place I could find.   Many, many thanks in advance
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Intelligent Finance/Blair, Oliver & Scott


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This is yet another gripe over Intelligent Finance and all associated companies.

 

I took out a loan with Intelligent Finance over two years ago, and made the required repayments through direct debit. Since then, though, I started to face financial difficulty and contacted IF about the possibility of reducing my payments by stopping the monthly insurance premium. They said they couldn't do this but suggested that I reschedule my loan, to which I agreed. After a little bit of thought I decided this wasn't actually the option I needed so phoned them back and came to an agreement that if I paid £250 per month for the next three months they would then get another department to contact me, see how my finances stood and take it from there.

 

Three months came and went and as I'd heard nothing I wrote a letter asking for clarification of where I stood, whetehr it was possible to carry on paying £250 per month and I also asked how much I owed. After hearing nothing for two weeks I sent another letter asking for a response. Still nothing so I managed to track down a number and phoned them. They said they'd be back in touch...but you've guessed it NOTHING.

 

So another letter went off, but this time I sent a cheque for £100 as my financial situation was becoming even harder. I noticed the cheque was cashed but still no return correspondence from them.

 

I've constantly been bombarded by 08708 numbers (presumably from a company relating to IF/HBOS) but refuse to answer them as I've absolutely no way of having proof of what was said in the conversation. I've indicated this in a couple of the letters I've sent, but I also refuse to pay the call charges.

 

Since then I've sent another 15 or so letters asking what I should do next, and still with not one response.

 

Then I got a letter from J & J Collections saying that I'd defaulted. A while later I received a litigation letter from Blair, Oliver & Scott saying unless I made contact with them they'd take me to court. They said I owed just under £12,000.

 

So I sent a letter to them over two weeks ago explaining my position, but also that I'd sent a full set of the one way communication I've had with IF/HBOS to head office and that I was ready to file a complaint against them for the way they've treated me with utter disrespect on this matter.

 

The latest thing I've received from IF/HBOS is that they want more detail of my complaint against them because the only thing they'd received from me was the top letter I'd just sent them (which I hasten to add was sent recorded delivery). I'd love to know how they've managed to lose all 19 pieces of previous correspondence, and now they seem to have lost all the duplicates I've sent this time round...apart from the top letter.

 

Sorry this has become a long winded posting and tends to jump around a bit but I am becoming so infuriated by the whole fiasco and just don't know what to do next.

 

Cheers,

 

Jon

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This is just a very quick query as I've already gathered some excellent responses from one or two other members.

 

My question relates to loans (or the mismanagement of one by Intelligent Finance), and is it possible to reclaim any charges from them as most queries seem to revolve round bank charges?

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I would be surprised if you could find any charges applied to your loan account

apart from interest.

Things like missed payments would have the charges applied to the current

account. Have you got any?

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This is a slightly different scenario to other forum members but it is one that needs sorting.

 

It relates to the mismanagement of a loan agreement by Intelligent Finance.

 

Although I have posted this elsewhere I've included the text below as I'm now in the process of filing a complaint/claim against them, so let's see what response I get from IF/HBOS and Blair, Oliver & Scott.

 

I took out a loan with IF over two years ago, making the required repayments through direct debit. Since then, though, I started to face financial difficulty and contacted IF about the possibility of reducing my payments by stopping the monthly insurance premium.

 

They said they couldn't do that but suggested rescheduling my loan would be a good option, to which I agreed.

 

They then cancelled my original agreement, along with the direct debit (although they later insisted that I was the one who'd cancelled.

 

My bank confirmed that it was actually them who'd cancelled

- IF later admitting they had stopped the direct debits).

 

IF then started the process of setting up the new loan agreement.

 

After a little bit of thought I decided this wasn't actually the option I needed so phoned them back and came to an agreement to pay £250 per month for the next three months, after which time another department would contact me and we'd set up a more permanent repayment scheme.

 

Three months came and went and as I'd heard nothing I wrote a letter asking for clarification of where I stood, whether it was possible to carry on paying £250 per month, how much I owed and could I have a written agreement.

 

I heard nothing for two weeks so I sent another letter asking for a response. Still nothing so I managed to track down a number and phoned them.

 

They said they'd be back in touch...but you've guessed it NOTHING.

 

So another letter went off, but this time I sent a cheque for £100 instead of £250 as my financial situation was becoming even harder.

 

Yet again I explained my situation and asked if this was acceptable. I noticed that a few days later the cheque had been cashed but still no return correspondence from them.

 

Over a period of 3-4 months I've been bombarded with an 0870 number (which after doing a Google search seems to relate to IF/HBOS), a number of which I've answered and they've all been silent.

 

I now refuse to answer them, partially because if I did speak to someone then what proof would I have of what might be said in a conversation.

 

I've indicated this in a couple of the letters I've sent. If you try to ring this number back it gives you absolutely no indication of who has called because it's a pretty basic answering machine message.

 

Then I got a letter from J & J Collections saying that I'd defaulted.

A while later I received another letter

- this time a litigation one from Blair, Oliver & Scott saying unless I made contact with them they'd take me to court.

 

They said I owed just under £12k and that I either need to pay that amount in full or come to an agreement on repayments.

 

This morning I received a letter saying that they'd agreed to my offer of £20 per month repayment, but there's absolutely no mention of an agreement with it.

 

Another member suggested I should get back in touch with BOS and say that because I'm in dispute with IF/HBOS then BOS should themselves get in touch with IF/HBOS and that I shouldn't make any payment as yet because as fair as BOS are concerned the matter has been sorted, and that I should stick to my guns because it wasn't my fault in the first place.

 

I do feel it has largely been one way communication and that despite my best efforts to get things sorted I've been treated me with utter disrespect.

 

Then a few days ago I actually received a letter from IF/HBOS asking me to provide more detail of my complaint as the only thing they'd received from me was a covering letter I'd just sent them (which I hasten to add was sent recorded delivery).

 

That means they've lost duplicates of the 19 previous pieces of correspondence which were included in the envelope, and supposedly they have no record of any of the original correspondence I'd sent.

 

Ten days ago I sent another full set of duplicates by recorded delivery and nothing has arrived according to Royal Mail's Track and Trace.

 

I'm about to send a S.A.R request to Intelligent Finance but just thought do I make the postal order out to them or HBOS?

 

Hope somebody pops in here soon to give me extra advice and guidance, but I'll keep at it anyway!!

 

Sent S.A.R to Intelligent Finance - 07/02.

 

Also sent CCA to Blair, Oliver & Scott - 07/02.

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Not much to say really as your doing exactly what I would do. Keep us informed please :)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Thanks Tamadus.

 

Do you think that because my original agreement was cancelled then would they (if they send anything) have to send that or what should have been the updated version...even though there isn't one?

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Thanks Tamadus.

 

Do you think that because my original agreement was cancelled then would they (if they send anything) have to send that or what should have been the updated version...even though there isn't one?

 

They need to send something, and be quick about it. How about we give them a few days and see what if anything they come up with. To be honest there isnt much more you can do until they respond to your CCA request and S.A.R - (Subject Access Request).

 

Did you actually sign a second agreement with them ? Hope you sent both those letters by recorded delivery.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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No and this is the key to the problem...after they'd cancelled the first one they were going to send out a second agreement but never did. I've sent numerous letters to them and each one has been ignored.

 

And yes both letters were sent recorded delivery.

 

CCA sent to Blair, Oliver & Scott arrived and signed for this morning, still waiting on the S.A.R request to Intelligent Finance.

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If the original agreement was cancelled and no further agrrement was signed then I fail to see how it can be enforced.(presumably this is a new tac by dcas for unsuspecting clients to re-start the agreement )

There is also the matter of you being encouraged to take out additional loans to address the debt this is an area you should be looking at too.

In the case if unlawful bank penalty charges,loans that were seen to be given to clear these have successfully been claimed back too.

There are guidelines on those holding cca licences on the collection of debt and where financial hardship is evident then dcas are required to operate within the guidelines and laws set down.

I have moved your post from the bank forums as I believe it should be here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Brilliant, that gives me a bit more to go on.

 

Really appreciate it.

 

Cheers

 

S.A.R request signed for by Intelligent Finance 09/02.

 

Just out of interest, has anyone encountered a similar situation to mine, and if so what was the outcome?

 

Still no record on the Royal Mail track and trace website about the complaint letter I sent to HBOS before I filed my S.A.R request having arrived.

 

Just an update...

 

Since my CCA request arrived at BOS last week I've received calls from two separate 0870 numbers - each about two or three times a day. Both have rung my mobile and the landline, although I refuse to answer any of them.

 

After the first 0870 call I tried ringing it back from work (number witheld, of course!) and the line was unobtainable. I didn't try ringing the second number back until now and surprise, surprise it's Blair, Oliver and Scott...although they only answered the phone by saying "Good afternoon, you're through to Blair (notice he didn't mention Oliver and Scott...have they gone off on holiday together (how cosy!) leaving poor old Blair to do all the dirty work himself!!).

 

I just put the phone down because I had no intention of speaking to them...but I wonder what they want? Any ideas??? Maybe they're going to offer me an all expenses paid trip to the Bahamas as a way of saying sorry for all the stress and anger they've caused...although knowing my luck I'll probably end up on the next seat to Mr Ollie and Mr Scott!!

 

Got the feeling a telephone harassment letter might be winging it's way upto Rosyth this afternoon!

 

Here's another little update...

 

Almost three weeks since posting my complaint to HBOS by recorded delivery it has finally arrived and been signed for.

 

As I sent my S.A.R and CCA requests after sending the complaint does it change my situation in any way?

 

Any more advice would be greatly appreciated.

 

Had a couple of days without any calls (seems a coinicidence it happened after my complaint letter arrived at HBOS HQ), but then got another one from Blair, Oliver and Scott this afternoon.

 

Is it 12 working days plus 2 that covers the first stage of a CCA request? The one I sent to Blair, Oliver and Scott arrived on Thursday, 8th February, so is it on Tuesday, 27th February that that initial period comes to an end, or are Saturday's counted as working days?

 

Needless to say I've still heard nothing.

 

Please guys, there must be someone who can answer my last question. Was the 12 working days after Blair, Oliver and Scott up yesterday, or do I have to wait until Tuesday before they are in default?

 

Well, the 12 days are up for the first stage of requesting a CCA and I've received absolutely nothing.

 

It's around a month since I last posted and by my reckoning the specified time for Intelligent Finance and Blair, Oliver and Scott to reply the CCA and S.A.R requests is now up, so do I just keep waiting?

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  • 1 month later...

Yeah sit and wait to see if you hear anything back. You could always report them to the OFT? The longer they go without supplying the CCA & SAR the worse it is for them.

27th September CCA sent to Sechiari Clarke & Mitchell - Commited Offence by not responding-Update, passed account to AIC. CCA AIC on 29/03/07

27th September CCA sent to Allied Credit International - not received, resent on 23th January 07-(still nothing on 30/03/07)

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Yeah sit and wait to see if you hear anything back. You could always report them to the OFT? The longer they go without supplying the CCA & SAR the worse it is for them.

 

Just wondering where I stand though with any defaults and because I still paid for a while despite not having an updated signed agreement I'm maybe being a bit hopeful but can I claim of of it back?

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  • 3 weeks later...

Almost another month has passed and still absolutely no response from IF/HBOS.

 

I know I've been told to just leave it and let them get in touch but I just find it so frustrating and feel in such a state of limbo.

 

I know I've asked this numerous times before but unfortunately haven't received many responses but can anyone offer any further advice?

 

I'd really like to know whetehr I can get any defaults cleared, can I reclaim any monies I've paid to IF in the past and does the fact they still haven't responded prove they don't have a true copy of my credit agreement?

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Thanks for that, but my main question is that because IF/HBOS still haven't responded where do I actually stand? Can I get in touch with them and say as they haven't proved I have a signed agreement with them I want the matter to be drawn to a close and for them to reimburse any payments? Maybe I'm just plucking at straws but it's getting to that stage.

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Cheers, but the problem here is that there isn't an updated signed agreement so in my mind it's slightly different from the link you posted and on that basis I really don't know where I stand.

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I am only guessing here but I would strongly suspect that they will argue that the agreemnt was never cancelled, and that they accepted lower payments due to your financial difficulties.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Do you think it would be worth doing a specific SAR on the original account as your original SAR did not specify from what I read. You will at least find out if that account has been closed and if it is reading Nil total also whether your additional payments went to pay off this account.

 

You should not be paying anything to them now as they defaulted and have commited an offence.

 

As it is a fair bit of money that is owed it is worth doing nothing at this stage as you may have no account to claim against regarding getting money back that you have paid.

 

Even if they did find an agreement after all this time they would have to go to court to enforce it, and as they have commited a criminal offence this would probably be unlikely as someone could go to the pokey.

 

If the account has been closed then you will have nothing to pay and that should be the end of it

 

If there is a default on your credit rating then it would be worth pursuing whoever has put it there to have it removed as no CCA has been forthcoming.

 

I am not an expert so comments from others would be useful in this case.

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I've just decided to have a look at my credit report through CreditExpert and it shows that in the status history listing for IF/HBOS...

 

The account is defaulted. You have failed to keep to your credit agreement and have not responded satisfactorily to requests to put your account in order. As a result the credit agreement has ended.

 

I'm slightly confused that there is only one mark listed for this account, and in particular it's the last sentence where it says "the credit agreement has been ended". It's strange that the updated date shown on the listing is 01/04/2007, just three days after the time for replying to my CCA request ended. And I haven't heard a thing since so can anybody shed any light on this?

 

bump

 

It's been a while since I last posted but I urgently need some help on this continuing debacle.

 

To start off with I still haven't received a copy of the credit agreement I requested in February, this despite requesting a S.A.R and CCA from the relevant companies.

 

Then in September I received a number of phone calls which I initially ignored. But as they started to become more frequent I did a 1471 and found the number was from a company called iQor.

 

Within days of these calls starting I then received a threatening letter from this company on behalf of Capital Bank demanding payment in full (no knowledge of this matter being passed on to Capital).

 

In reply to this letter I wrote on September 24th asking, again, for a copy of the CCA enclosing a further £1 postal order.

 

I then received a letter from iQor saying they had asked their client to send the requested paperwork to me directly and that the account was on hold awaiting confirmation from their client that this had been actioned.

 

Once again, I've not received anything, except three further threatening letters from iQor and one from a firm of debt recovery solicitors saying that if I don't contact iQor within ten days it is likely that legal action will be started.

 

In the last letter I received from iQor they said they were pleased to be able to offer me a substantial reduction on the outstanding balance, although they never mentioned what the reduction would amount to. This was obviously a way to get me to contact them which would basically mean I was admitting the debt. They also said the offer was only available for 72 hours from receipt of the letter which was dated the 16th October and received on the 22nd. They had no way of knowing when the letter would be delivered as I didn't need to sign for it.

 

Also, today the 42 day period for a CCA request is up and I've still not heard a thing.

 

It's not the most important aspect of this matter but there is also a slight discrepancy in the amount requested in various letters I've received.

 

What I'd like to know is do I stand and should I get in touch with iQor and mentioned they've breached my request?

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  • 6 months later...

Oh dear this account should NOT of been passed to a DCA as it is in dispute.

 

 

Here's a nice letter for Igor.

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

*- Delete as needed

Enjoy

Be VERY careful whose advice you listen too

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