Jump to content


  • Tweets

  • Posts

    • An update 2 weeks further-on for the benefit of anyone coming along later in similar circumstances or currently following for a directly related reason.     No response to date from the Hospital, either to original correspondence or subsequent chase.   No response yet from PALS, written-to with all details/copies just a week ago after allowing a period for the Hospital to respond to a chase letter and step-up and have the penalty charge cancelled.   All corres. Special Delivery.     Parking charge reminder received from CPP dated 11 days after original (no contact intended with CPP, less than zero intention of making payment this side of eternity.)     FOI request sent Re. car parking equipment reported-faults - request received and acknowledged.   MP contacted, details/copies provided, moving toward meeting Re their involvement.   To contact press, local radio etc. accordingly.     Watch this space ...            
    • Hi all, apologies for the late degree of replies, I was using a mobile earlier and could not navigate the page very well. I have been trying to reply to each individual reply but cannot see where I can do that and I used "quote" which I am informed is incorrect (apologies if this has somewhat cocked things up)   Anyway I have established a little more info , as per Andy's enquiry, James ( my friend and the client in this instance) has confirmed it was Debt Free Direct who had set up the original IVA but they went into administration and were sold onto a company called Apperture, This is the company that Equity in Finance are supposedly holding any PPI recoveries for.   It transpires that Equity In Finance were "promoted" by Debt Free Direct as being able to recover PPI costs for James on the premise that HE would be receiving any recoveries less their fee for handling the claims, there was absolutely NO transparency that they would be with-holding all funds received for any and ALL ppi claims whether involved or not.   James is calling to see me tomorrow and we are going to check his credit file and also send off SAR's to ALL parties involved in the debacle. This will include, Apperture, Equity in Finance, The IP who handled the IVA and each of the banks/ loan companies & credit card companies he has personally claimed PPI from and also the ones that Equity in Finance have handled directly.   As I say there is definitely a rabbit off somewhere - Equity in Finance have taken / been sent every penny of the PPI recoveries including the ones that they have had no involvement in and the most recent being just in the last 4 weeks, despite the IVA being advised as closed in 2013 !!   even on the initial debt of £17000 plus fees ( currently shown on debt free direct website @ circa £3500 - yes they are apparently trading again !! ) the payments made under the IVA and the recoveries under PPI  have totalled been more than £40k so James is owed a hell of a lot of money which I can see no way that these companies are legally with-holding from him.   Lets see what the SARS bring in and then we will have a more defined basis of EXACTLY what we are looking at    Thanks guys for the initial advices - I will keep you all up to date on developments but any advices in the interim would be greatly accepted    Just a few links for reference :-  https://www.credit-connect.co.uk/commercial-news/corporate-insolvency/debt-free-direct-sold-aperture/   Debt free directs current ?? website https://www.debtfreedirect.co.uk/   Debt free direct confirmation of average fees and how paid   https://www.debtfreedirect.co.uk/fees
    • I have known some just take their commision direct from the account......as long as they are only invoicing you thats fine...ignore their invoices.
    • Weak and very unlikely to be successful...... Edit to suit......     IN THE ******* county court Claim No. *********** BETWEEN: Claimant AND Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ I ******, being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act. 1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the ******, I received a claim from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago. 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement. Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement. 5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].  6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C]. The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974. The claimant tries to get around the poor quality by trying to rely on Carey v HSBC.Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case. 7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement. 8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court. Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.  Statement of Truth I, ********, the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated: _________________________ _______[/QUOTE]  
  • Our picks

isidore

Scar vs Natwest

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4366 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Having had much success using this site (and telling the whole world what I've done!!) a friend of mine has asked me to help him with his and his partner's accounts. They have been in financial difficulty over the years, so will be interesting to see what arises from the SAR.

 

SAR sent off today for 1 (his) bank account.


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Share this post


Link to post
Share on other sites
Guest NATTIE

well good luck and any help, well, you know what to do. They are like RBS which I am sure you know well.

Share this post


Link to post
Share on other sites

That's what I was hoping :D


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Share this post


Link to post
Share on other sites

My mate has received a letter back saying that he has not supplied the account number and sort code. I'm not happy! To explain, the reference on my first letter reads:

 

Account Number 123456 12345678

 

123456 being his sort code and 12345678 being his account number. I have seen this way of writing account numbers down before (probably with RBS). Even if it wasn't, it's PLAINLY obvious what they are. Nevertheless I should know by now, you can't give them any room to delay you.

 

I have therefore sent them the prelim back with the following added to the bottom:

 

I would like to point out that this is the second letter I have had to produce as you returned my first cheque stating that I did not supply my sort code and account number. The first letter was written with the reference:

 

ACCOUNT NUMBER: 123456 12345678

 

This is quite clearly my sort code and account number and I am disappointed that you have used this as a reason to delay my request. I therefore insist that the deadline from my original request stands. This letter has been sent recorded delivery and should therefore reach you by xxx. At this point, you will have xx days left to fulfil my request.

 

Should I not receive my statements during this period, I will be forced to make a complaint to the Information Commissioner’s Office.


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Share this post


Link to post
Share on other sites

Right I really don't know what is going on here. And I'm beginning to lose my patience with this bank already!!

 

My mate has received another generic letter today roughly saying

 

"with reference to your DPA letter, we are unable to proceed because....."

 

It then has multiple choice and the one ticked says

 

"we can only locate account numbers with numerical references" or something to that effect.

 

Now they have attached a copy of the letter I sent, I have asked my mate to read out the bit where I put account number / sort code to ensure it is correct (we have some statements so have double checked it's correct - it is) and what's even more annoying is they have also enclosed his cheque and on the back of it is written HIS ACCOUNT NUMBER AND SORTCODE!!!!

 

WTF am I missing here? What are they playing at?

 

 

I am desperately trying to refrain from sending a letter including the words "useless morons" in, am writing one up and will post it shortly. Would appreciate any insight into this if anyone has any?

 

 

Btw, what I forgot to put in the previous post is that as well as the little snippet I quoted, I also wrote ACCOUNT NUMBER: 12345678 SORT CODE: 123456 at the top of the letter too.


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Share this post


Link to post
Share on other sites

One question......does my 40 day deadline still start from the date of my first letter?


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Share this post


Link to post
Share on other sites

Right, I have drafted this together. I have toned this down loads and still it sounds really sh**ty when I read it back lol. Any opinions???

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: 12345678

SORT CODE: 123456

 

 

I am responding to your letter dated xx/xx/xx. I am extremely disappointed by your response and feel that you are purposely obstructing my request. You have stated (for the second time) that you are unable to locate my account as I have not supplied you with an account number or sortcode and have also returned my cheque.

 

I have enclosed, for your benefit, the two letters I have sent you previously (referenced as A and B) and have highlighted on these letters the account number and sortcode which you have TWICE told me I have failed to provide you with. I would also like to point out that at the top of THIS letter – again highlighted – is the account number and sortcode of the account I am seeking information on.

 

I have also enclosed the original cheque that you have returned to me TWICE and would like to draw your attention to the back of the cheque you returned to me. You have written down my account number and sortcode!!! So even though you feel that this is not my account number and sortcode, you felt drawn to write this random sequence of numbers on the back of my cheque? For final confirmation, just in case there is any doubt in your minds as to what my account number is, I have provided you with one of my statements. Again, for your benefit, in case you have any doubt, I have highlighted the account number and sortcode.

 

I do not expect to receive another returned cheque – I would hope that you have enough proof that this is in fact my account number and sortcode to provide me with what I originally asked for. That is a full disclosure of my banking history with you including, but not limited to a full set of historical statements. For full details on my request, please refer to letter A or B. Please DO NOT attempt to delay my request any further otherwise I will make an official complaint to the Information Commissioners Office with regards to the sheer audacity you have shown in insisting that I have not provided you with the correct information.

 

Please be very clear of my intentions – I will be filing in the County Court on the morning of xx/xx/xx for Non-Compliance if I do not receive the documentation requested by 5pm xx/xx/xx. Please be aware, a post-marked envelope bearing the date of xx/xx/xx does not mean I have received the documentation, unless you have my signature as having received it on the xx/xx/xx.

 

I shall not enter into any further correspondence on this matter. I require you to forward by means of royal mail “Special Delivery” all requested documents and recordings to my home address no later than xx/xx/xx. It is your responsibility to execute this task, ensuring all items are secure and undamaged before posting.

 

Yours faithfully


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Share this post


Link to post
Share on other sites

Not kept this up to date as I've been off on paternity leave.........

 

 

As of today, Natwest have still not sent him his statements. That is over 160 days since first requested. Due to the new arrival, I hadn't progressed this as I'd have liked, but having picked it up again recently, I have sent a complaint to the ICO and a brief letter to Natwest telling them I have done so, telling them how dispicable they are for not sending the requested statements and asking that they resolve this amicable before I go to the courts.

 

Will wait and see if they respond. They have until the end of this week to send them before he takes them to court.


If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...