LTSB - No agreement! ***GAME OVER***

[diskmandave]

LTSB/BLS should have got a payment yesterday...

(But I cancelled it!)

 

We await their next response (as there is NO CCA)!

 

Dave.

[PriorityOne]

LTSB/BLS should have got a payment yesterday...

(But I cancelled it!)

 

We await their next response (as there is NO CCA)!

 

Dave.

 

 

....so far, so good !!!

[Bigmac versus]

They will get used to it soon eh dave, good luck and keep up the good work.

[diskmandave]

Next installment? Stop processing my data??

 

Thanks as always everyone

[DANIELLESMUM]

DiskmanDave - Are you out there???

 

I have my issue going on a separate thread (with G E Money) but the top and bottom of it is, I asked for my CCA on 7th Feb and its now 8th March and it's still not here!!!

 

I have now reported them to the FSA, not just for this but for many other issues, but I have advised about when I asked for the CCA etc, as one of my things to be looked into.

 

Part of me is now feeling like a supergrass who has totally overreacted and jumped the gun, but part of me feels justified because they have treated me very badly, (although the FSA could just tell me to get lost and send me elsewhere).

 

I recently settled my account with G E Money so that I could leave them, so what will happen regarding them missing the CCA deadline because there is no actual debt for them to write off now.

 

The reason I asked for the copy was because I had to pay 2 settlement fees to leave them. When I queried this I was told that the second one was for a Payment Protection Plan which I do not believe I ever took out in the first place. So although I settled this so I could bin them off (this cost me 2k) I asked for the CCA at the same time because I wanted to see if this was actually selected on my original agreement and prove it wasnt, if you see what I mean. This is one of many reasons the FSA are involved.

[diskmandave]

Still nothing! Usually straight on the 'phone if a payment is missed!

 

No letters, nothing!

[PriorityOne]

You can start cartwheeling now Dave.... This is exactly what happened with one of mine... no payments for 2 months now.... yippee !!!!

[diskmandave]

You can start cartwheeling now Dave.... This is exactly what happened with one of mine... no payments for 2 months now.... yippee !!!!

 

I'm cartwheeling!!! Trust me!

 

I've just clicked your scales to.

[SHERLOCK]

hello you bad lot !

 

r u saying just stop the payments if there is no cca forthcoming, Cabot have three accounts of mine and I was even good enough to give them the 8-10 weeks. sent them a reminder email two weeks ago, they replied saying I'd get my reply in the post.............NOTHING!

 

It can be a scary game of cat and mouse, can it not?

[pmhcfc]

hello you bad lot !

 

r u saying just stop the payments if there is no cca forthcoming, Cabot have three accounts of mine and I was even good enough to give them the 8-10 weeks. sent them a reminder email two weeks ago, they replied saying I'd get my reply in the post.............NOTHING!

 

It can be a scary game of cat and mouse, can it not?

 

Sherlock, have you posted in the Cabot forum yet ?

[PriorityOne]

I'm cartwheeling!!! Trust me!

 

I've just clicked your scales to.

 

I have just tried to click yours... but have been told to spread it around a bit first.... :-|

[PriorityOne]

r u saying just stop the payments if there is no cca forthcoming,

 

 

Absolutely !! If there is no CCJ, they have no legal right to pursue without a CCA.

 

[SHERLOCK]

I have my cabot thread ongoing, in a delicate situation with a DMP and am/have claimed refunds with varying success.

Was a bit wary in just stopping payments

 

Sherlock

[PriorityOne]

I have my cabot thread ongoing, in a delicate situation with a DMP and am/have claimed refunds with varying success.

Was a bit wary in just stopping payments

 

Sherlock

 

Do you mean a refund pf payments made to a DCA.... in the absence of a CCA ?

[SHERLOCK]

Yes, Barclays, Rbs And Studio Have All Given/offered Refunds Towards Debt Amounts With Dca's.

Still To Deal With Capital One, Cabot And A Few Others??

Only One Cca Received Though!

[PriorityOne]

Yes, Barclays, Rbs And Studio Have All Given/offered Refunds Towards Debt Amounts With Dca's.

Still To Deal With Capital One, Cabot And A Few Others??

Only One Cca Received Though!

 

How the hecky pecky did you pull that one off ?

 

I have a thread going about this at the moment.... paid £1,100 to a DCA over a period of several years and want it back as there is no CCA. Are you saying I should approach the original creditor ? They have not provided any details of the sale in the SAR and the 40 days are up.

[SHERLOCK]

S.A.R. all the original creditors, then claim the refund of charges from these accounts with contractual interest to get as much refund as possible.

If the refund wipes out the debt you are laughing, if not it reduces it somewhat

 

I have around 10/11 creditors and they will all be getting the same treatment and I have let them know this too!

 

I think what got me really *issed was when barclays/1st credit threatened me with bankruptcy for a £1400 debt

 

Even though the debt is now owned by the DCA, IF YOU PAID ANY/ALL MONIES TO THE ORIGINAL CREDITOR then stick the claim to them.

 

Will post a few threads, am butting in on this one!!

 

 

**Not sure if I have read your thread wrong! My claims have not yet outweighed the debts, so I haven't actually received any refunds direct, they have come off my debt amounts.

but from your perspective, I would claim all the refund from the original creditor, if this is larger than the debt you are laughing.

But, if you want it all back bcoz there is no CCA, then I imagine this is a lot tougher to sort.**

 

But certainly, claim from the original creditor, it could outweigh the DCA amount??

[diskmandave]

Bit too late for me for this, my problems stem from the mid/late '90s. Only just started to get things going this year with the help of this excellent site and the excellent people here! From what i've read, going back past the 6 years can be tricky and I can't afford that...

[SHERLOCK]

Not being able to afford the fees etc. is another issue I have brought up with my Barclaycard debt.

 

They will not refund all my charges + interest only the OFT £12.00 amount.

In my last letter to them I stated that as all my surplus income goes to my DMP, I do not have the monies to fund the court claim of which they are forcing me to undertake. As such I will also be telling the court this is my reason for 'exemption of fees' and requesting Barclaycard to state their case why they INTEND TO CAUSE ME FURTHER HARDSHIP and their willingness, albeit as a gesture of goodwill paying out all claims after MCOL .

 

Yet to receive a reply.

[diskmandave]

Remember this...?

 

 

 

 

Well today they seem to have forgotten about it! And sent this....!

 

 

 

Anyone notice how they are going to have to consider making contact by telephone!!!

 

I'll put a reply up before I send it.. Better go and have a careful think about it now! ;-)

 

[diskmandave]

Seems very polite to me considering the tone of the letters back in December when they increased my repayments by 300% without consultation! Followed by the arrears letters when I wouldn't give in to them!!!

 

I'm thinking I should invite them for tea so I can give their heavy a copy of the NO AGREEMENT LETTER...?!

[Guest louis wu]

Ice tea, with a frosty reception?

[tiglet]

And perhaps a slice of lemon?

[diskmandave]

They've admitted there's no agreement/s but they're still pursuing the outstanding amount... :o

 

I'll be posting this letter to them on Tuesday, would appreciate comments and possible changes to letter please... Here goes.......

 

Mr,

 

Ashton Under Lyne,

Lanc's,

.

 

BLS Collections,

PO Box 467E,

Oxford,

OX4 1WA.

 

Reference: xXxXxXxX

 

27th March 2007

 

Dear Sir/Madam,

 

I write in response to your letter dated 16th March 2007.

 

You will have on file that many weeks ago you attempted to increase payments on my

account by over 300% without consultation, and that my response to this was a request

to see a copy of the original agreement under the Consumer Credit Act. Your records

should also show that due to the age of the account that you were unable to fulfill this

request which was accompanied with the maximum prescribed fee for such request.

As I have proof that you cashed this payment you become legally obliged to the

timescales and provisions that are set out in the Act.

 

I advise you that on 8th March 2007 you committed the offence laid down in

Section 77(4)(b), and that as per Section 77(4)(a), you are not legally entitled

to enforce the agreement.

 

The Consumer Credit Act 1974:

S.77(4) If the creditor under an agreement fails to comply with subsection(1)

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

It has also come to my attention that as you are unable to supply any documentation

that you will also be in breach of the Data Protection Act, and as such you should no

longer be proccessing any data in relation to me.

 

I now have the option of reporting you to the Office of Fair Trading and Trading Standards

in relation to these matters. However, prior to doing this I am giving you the opportunity to

suggest an acceptable conclusion to us both in this matter. Please be advised that if you

follow up to this letter with further threat/s that I will not hesitate to take matters further

and as suggested and without further notification.

 

 

Yours Sincerely,

 

 

 

Mr. Diskmandave.

[diskmandave]

Would appreciate comments please!