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    • no DCA is a bailiff end of neither do they have any legal powers whatsoever. i would write to everyone simply giving your current abroad address , inc proof of residency. that will stop all threats going to anywhere else.  
    • Thanks for your prompt reply. I have some questions, please: When you say nothing will happen, my 80 year-old mother is worried about potential DCA doorsteppers if/when the debts are sold on - she is a very sweet, quite vulnerable lady and she is worried she may be bullied and harrassed.  If they do come knocking, what should she say?  I told her to say she knows nothing about any of it and they have no right to come knocking on her door and to warn them police will be informed if they come back.  Problem is, I don't think she would be strong enough and can easily be bullied into saying more than she intended once the door has been answered. Next questions: 1)  Should I inform all my lenders that I have moved abroad before defaulting (to avoid the quirky English law loophole thingy that could end up in a CCJ or worse once a DCA gets hold of it)?  2)  Can/should I provide an alternative UK correspondence address to my lenders instead of my mother's home address e.g. my virtual office address for my business - would the lenders accept this as I live abroad now and don't live at my mother's address?  Can I just write and tell them, without any further ado and not get into any further questions about it and cease further correspondence with them and default?  And would this stop DCAs coming to my mother's house as it would not be my current residential address on the lenders files when passed to the DCA?  Do they doorstep previous addresses? 3)  If I don't provide a UK correspondence address will I be at risk of not being aware of any Letters of Claim etc and legal proceedings notices etc not reaching me (there's no reliable postal system in the developing country I've moved to).  Worried this would mean I could end up being taken to court without being aware of it and could end up in a worse situation. 2) What exactly will go on my credit file once I've defaulted, assuming no legal action is taken against me?    4) Should I contact any of my lenders and inform them I have zero assets.  TSB & Sainsburys already have I&E info from me which shows my income  @ £1200/mth is below the combined total of my debt repayments @ £1300/mth and that my income only just covers essential costs of living @ £1200/mth.  Could it be useful to be on my file that I have no assets, so that the DCA clearly see this when the debt is passed to them? Thanks again for any advice.
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    • paypal, but i would like to know if anyone knows if there is a certain time limit they have to refund you? thanks
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Brad v Cap One ***WON***


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Brad, don't beat yourself up about the wording, I have done identical claims for both me and hubby, hubby got paid out in full CCI and as you know I am still fighting mine. It all comes down to how much purchase interest you have paid on the account, I bet yours comes to less than your contractual interest, so thats what you got. Well done though, and good luck with Barclaycard, am about to send off prelim letter to them.

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Hi Doo, I'm sure you're right, the purchase interest is definitely lower than the CCI, but once I got the letter from them I started re-reading every correspondence that I'd had with them and thought for the sake of about £350 it wasn't worth the risk of going to court and giving them a slight loophole.

 

Are you going for CCI with Barclaycard? How have you worded the preliminary? Keep redrafting as I'm never totally happy. Typical bloke eh?

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Brad, Cap One baffled me for ages in paying out some CCI claims and not others but I believe it is all down to the purchase interest without doubt. I am still fighting mine but it does wear you down.

 

As for Barclaycard I think I may just go for 8%, not sure if I want this claim to take up too much of my time like my Cap One claim is. Am just using prelim letter in library but changing to suit charges ie overlimit/late payment. Have not started a thread of this yet, thought I would wait until I get to court stage, will look out for you over there. Have you decided what interest you are going to go for?

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Brad,

 

Just use the template you used for your Cap 1...to be honest mate, I doubt they read the letters properly anyway due to the volume of them so just get the letters out to start the ball rolling.

 

Grrrrrr....as Red gives Brad another kick up the bum!

 

P.S. Hi Dooooooo x

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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i think my masochistic tendencies are starting to show.....

 

just typed up the prelim letter, gonna post it off today. Trying for CCI at their purchase interest rate to me (a whopping 29.9%), they've been dicks in the past, so would be good to take them to the cleaners.

 

This is how I've worded the prelim...does this sound ok? I know, I should put it in my Barclays thread, but reckon I'll get more sense out of you two:

 

I calculate that you have taken £801 in unlawful charges from my account. In addition to this, I also request that you refund me £1,608.21 in compounded contractual interest, which I have calculated at 29.90%, as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity; it is based on your standard rate for purchases that is applied under the terms of the above-mentioned account. I also request the return of my £10 SAR fee. Therefore, the total amount I am claiming is £801 + £1,608.21 + £10 = £2,419.21. I enclose a schedule of the charges applied for which I am claiming with this letter.

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Lol Brad.

 

Looks absolutely fine to me for a prelim...you can always go into a bit more details about the CCI in your LBA.

 

Ive just subscribed to your Barclays thread...not that I have dealt with them but am happy to give you some moral support.....if not another kick up the butt! :D

 

Now get it in the post!!!!!! TODAY!!!! lol

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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Good move Redsonja, he will need that as he Procrastinates far too often.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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cheers red...feels like i'm being tag-teamed here!!

 

you're not a teacher by any chance are you?

 

UK...my cheque arrived yesterday, so if you wanna change this to *won*...I'll complete the survey and make a donation when it clears.

 

Thanks

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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Lol Uk and Brad.

 

Nope not a teacher, a management consultant so that's probably where it comes from tee hee!

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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ah..that would've been my next guess

 

seriously, thanks for all the help. Without you shoving me I'd probably still be about to send off my LBA.

 

Why do something today that can be put off until tomorrow or the day after. Really need to change that philosophy don't i?

"Banks are people that will lend you an umbrella when it's sunny, but demand it back the minute it starts raining"

 

Brad v Halifax

22/08/06 - Preliminary Letter sent requesting full repayment of charges

06/09/06 - LBA sent to bank

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lol, you definitely need to change that way of thinking!

 

You are welcome, no worries. I find it always helps to have some support.

 

Now if you dont post that prelim today there will be trouble! lol

Morgan Stanley

**Won 31.01.07 with CCI**

Capital One

**Won 19.04.07 with CCI**

Halifax current & Joint

Verbal S.A.R 11.01.07, stats recd 18.01.07

Halifax Visa prelim sent 26.01.07. Reply 31.01.07 Filed N1 on 20.03.07 - Judgement granted, sent in the bailiffs

GE Capital

Frazercard Prelim sent with CCI 27.01.07

Burtons Prelim sent with CCI 22.01.07

 

RBOS Visa S.A.R sent 12.01.07

Partners JJB card (Creation) *Won* with part interest - 15.02.07

 

 

Partners LLOYDS Account S.A.R 13.12.06 - stats recd 30.01.07. Prelim sent with CCI 01.02.07

 

Partners BOS Mastercard Offered all charges except £12. Refused. N1 filed 20.03.07 - Judgement granted, sent in the bailiffs

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