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    • Yeah, sorry, that's what I meant .... I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court! Meant  YOU  Highview !!!  🖕
    • Though it would be Highview you would  pursue. DCBL are nonentities-on their best day,
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other! One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Baines & Ernst now CCCS - many debts


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I am 43 years old and currently on a DMP WITH CCCS for the past 6 years, Bad times..:sad:.

But i have got a £40.000 debt down to £11.000 and not long left ..Good times:-) :-)

At first I was with BAINES & ERNST but left them as they were taking a fee each month for there services .

 

 

My first bank acount was with the HALIFAX and B&E suggested i change accounts to make life easier as i owed £750 overdraft with them.

i joined LLOYDS TSB for 2 years but left them and finally settled with the NatWest.

What i would like to know is could i repay the balance i have left owing the HALIFAX with the charges that i know i have paid to them over the years i was with them. Unfortunatley i think it is past the official 6 year limit.

I owe them £240.00 so could i get them to consider settling this overdraft ..!!

 

 

:( 

 

I am not best pleased with myself for almost bankrupting my family 7years ago had it not been for my calming and loving wife. It all started when i got a job that at the time paid 3X more than i was on so all the credit and debit offers came flooding in and like a kid in a sweetshop we wanted it all without thinking it through. Reality struck home way down the financial ladder when we was taken to court and issued with a CCJ and told that we almost qualified for financial ruin .I never thought that i would break down the way i did...:sad:

We started using Baines and Ernst to help setup a monthly budget and for a few years we carried on maintaining the monthly payments until one day i came across a site that on second look did not charge any fee they were CCCS. So straight away we changed to the free service. We have been with them now for 3 years and pay £459 through them to our creditors pro rata.

7 years is a long time to pay and I cannot find all agreements from the creditors we owe what should we do next!

Thanks

Spuddly[/font]

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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:( :( []

 

 

 

I am not best pleased with myself for almost bankrupting my family 7years ago had it not been for my calming and loving wife. It all started when i got a job that at the time paid 3X more than i was on so all the credit and debit offers came flooding in and like a kid in a sweetshop we wanted it all without thinking it through. Reality struck home way down the financial ladder when we was taken to court and issued with a CCJ and told that we almost qualified for financial ruin .I never thought that i would break down the way i did...:sad:

We started using Baines and Ernst to help setup a monthly budget and for a few years we carried on maintaining the monthly payments until one day i came across a site that on second look did not charge any fee they were CCCS. So straight away we changed to the free service. We have been with them now for 3 years and pay £459 through them to our creditors pro rata.

7 years is a long time to pay and I cannot find all agreements from the creditors we owe what should we do next!

Thanks

Spuddly[/font]

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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  • 1 month later...

Hi All,

i sent five letters out on 14th march by recorded delivery requesting an original copy of my credit agreement from each of the companies and so far only 1 has replied .. Cabot financial.

Here is a copy of the letter...

 

 

Card type : associates credit card

Card number:XXXXXXXXXXXXXX

 

Dear mr XXXXXXXXXX

Further to your previous communication regarding the above referenced account

We have today contacted Associates to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours sincerley

 

emma roberts

customer relations department.

 

 

end

 

 

So a reply to one ...!! what about the others...? any help would be appreciated

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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This isn't an acceptable response. The 12-working day limit to comply isn't set by you or Cabot but by statute. The clock is ticking and Cabot are well aware of that and hope you are unaware of your rights.

 

If they default, as they surely will given this response, wait for them to commit the criminal offence (that's a calendar month after the 12 day limit expires) and report them to OFT.

 

You should not receive letters/calls demanding money because the Cabot letter, useless as it is, acknowledges the matter is in dispute. If you do receive letters file them - keep the envelopes too. If you receive calls tell them the matter is in dispute, ask the caler for their name and position within the company and make a note.

 

Complain to Cabot and ask them for details of their complaints procedure. Under the new Financial Services Ombudsman (FOS) regime, which comes into frce next Tuesday, they must provide you with this. If they don't report them to the FOS outlining what you have done, what they have done and, of course, what they haven't done. If the FOS decides to investigate that's £400 from Cabot straight away whatever happens. If the FOS finds in your favour he could impose financial sanctions on Cabot of up to £100,000.

 

You should do the same with the other scoundrels chasing you.

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Good advice there. Definately don't help any of the DCAs out, it's their job to prove the debt, not yours.

 

Cabot have their own little sub-forum here which makes VERY interesting reading. It might be worth cutting and pasting your thread into it, there's a group of dedicated Cabbites who would be most interested in reading it :)

  • Haha 1

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Good advice there. Definately don't help any of the DCAs out, it's their job to prove the debt, not yours.

 

Cabot have their own little sub-forum here which makes VERY interesting reading. It might be worth cutting and pasting your thread into it, there's a group of dedicated Cabbites who would be most interested in reading it :)

 

Yep great shout DJ....Spuddly-- Start a seperate thread for your Cabot Fiancial stuff in the Cabot thread...THere's quite a few of us that will help you over there with your Cabot 'problem'!! :D

Just hate every DCA out there

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I will put this thread in the section dealing with cabot and THANK YOU ..to everyone for your support:)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Hi All,

i sent five letters out on 14th march by recorded delivery requesting an original copy of my credit agreement from each of the companies and so far only 1 has replied .. Cabot financial.

Here is a copy of the letter...

 

 

Card type : associates credit card

Card number:XXXXXXXXXXXXXX

 

Dear mr XXXXXXXXXX

Further to your previous communication regarding the above referenced account

We have today contacted Associates to investigate your query, and hope to resolve this matter swiftly.

Although we anticipate a reply within the next 21 days, it can take up to 8-10 weeks if the information we require has been archived, and we therefore request your understanding in this matter.

 

Yours sincerley

 

emma roberts

customer relations department.

 

 

end

 

 

So a reply to one ...!! what about the others...? any help would be appreciated.

I have started this thread in general debt section but suggested i move it here. i was not sure how to move the entire post.

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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And Presto!!! As if by magic, tis done. :)

 

Thanks, Anon o Mod.

 

So, it could take up to 10 weeks, eh? Silly Cabot. You KNOW you don't have that long. Why aren't you getting ALL the docs in your big bundles of misery that you buy. You know you should really, but you don't. Even though you KNOW by now that the chances are high that you'll be asked for them. Oh, but of course. The CCA doesn't apply to you, does it?

 

OR SO YOU THINK!!!!

 

I guess my ranting means, don't let them fob you off ,Spuddly me old china. They do only have 12 working days, etc etc from when they got your CCA. Let us know how you get on. :)

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Hi, i sent a cca request to Cabot on the 28th February 2007, and I received this letter, it must be a standard one, I still have not heard a thing off them, and will not be reminding them of the Legal Commitment .

I would just sit and wait for the calender month from the 12 days to run out as you have already been advised,

Happy waiting,

Regards,

Rinydinkydoo:)

 

 

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  • 3 weeks later...

Hi all,

 

I havent had any communication from cabot since first letter 26th march 07 so i can only assume they dont have my credit agreement as i requested and are taking money from me unlawfully so i will be sendng them this Thanks to Diskmandave

Like this

 

Dear sir

 

I refer to my letter dated 17/03/2007 which was delivered via Recorded Delivery to your offices on20/03/2007.

 

You have failed to supply the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 14/03/2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Cabot purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on 04/04/2007 and 04/05/2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

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.

 

Therefore on 04/05/2007 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to Cabot.

 

I require the following action from Cabot :

 

1. All payments made to date to Cabot for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Cabot. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

(final date before action 25/05/07)

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Hi all,

 

I have requested the credit agreements for 5 separate companies that i currently paying on DMP and have gotten only one copy of an actual agreement the other four i am sending trading standard letters to letting them know i no longer acknowledge the debt as they have not provided me with copys of my agreement.

My question is:

should i also report each one in turn to the Financial ombudsman service

as well as sending letters.

 

The guilty partys are :

cabot

citifinancial

2 X paragon financial

 

Thanks

Spuddly

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Sounds worthwhile, report them to anyone tha will take notice

 

More to the point, how far over are they on your requests?

 

Past 12 workings days + 1 calendar month?

 

If so I'd be looking at writing and asking for the money youve paid via DMP back, plus all your data being removed from 3 rd parties (Equifax, Experian, CC etc) with immediate effect (in the case of cabot the data request would also go to the original creditor)

 

Anyone else agree with this stance?

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Thanks they are

past 12 days and 30 days up on 04/05/2007

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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sent trading standards letters to citifinancial, CABOT and one ofthe PARAGON accounts the other PARAGON account are playing for time ( see PARAGONS UNDERHAND TACTICS post)

 

 

will report each one to FSO also i

will contact D M P after bank holiday to cancel payments .

 

spuddly

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Hi all, i have been reading around this site and come across this sticky posted on 17th april 07 by gizmo111

 

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested, after a further month the creditor has committed an offence. This offence can be reported to the Trading Standards Authority (in the creditors area, not your local one), or the FSA.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

If a CCJ has already been entered against a debt, then there is no point in requesting the agreement under the CCA, if your intention is to argue that the debt is unenforceable, since the debt has already been enforced. You can however request a true copy of the original signed credit agreement if you wish to check original terms and conditions etc. If they do not supply it then your only recourse is to report them to the aforementioned agencies. It would be very difficult to prove that they didn’t have the agreement at the time judgment was entered.

 

It is imperative that you continue to pay any debt under the terms of a CCJ.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

__________________

 

 

i thought the whole process of sending CCa and Trading standards letters would resolve the situation of no credit agreement between myself and the creditors thus allowing the debt to be written off and any funds paid by me returned as they have committed a criminal act by not complying to my earlier dated and recorded letters of request.

 

Have i gotten the whole process wrong !!

should i have bothered anyway....!!

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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i thought the whole process of sending CCa and Trading standards letters would resolve the situation of no credit agreement between myself and the creditors thus allowing the debt to be written off and any funds paid by me returned as they have committed a criminal act by not complying to my earlier dated and recorded letters of request.

 

Have i gotten the whole process wrong !!

should i have bothered anyway....!!

 

No CCA makes a debt unenforceable. It still exists... but it can't be enforced. Basically, if they can't produce an Agreement, it's as good as written off because they are unable to pursue it by law.... and after 6 years from last contact, it becomes statute-barred anyway.

 

:)

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Hi priorityone,

Thanks for the quick reply,

as you may know at the moment I am on a DMP with CCCS i have had no response after sending approppiate letters and waiting 12 and 30 days so on tuesday 08/05/07 i am stopping payments to these 4 grabbing bstdos would you agree on this course of action .....regards spuddly

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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Hi priorityone,

Thanks for the quick reply,

as you may know at the moment I am on a DMP with CCCS i have had no response after sending approppiate letters and waiting 12 and 30 days so on tuesday 08/05/07 i am stopping payments to these 4 grabbing bstdos would you agree on this course of action .....regards spuddly

 

I would agree with your actions :) However if the do ever come up with a CA (Unlikely I know) remember that they can enforce it via the courts

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Hi priorityone,

Thanks for the quick reply,

as you may know at the moment I am on a DMP with CCCS i have had no response after sending approppiate letters and waiting 12 and 30 days so on tuesday 08/05/07 i am stopping payments to these 4 grabbing bstdos would you agree on this course of action .....regards spuddly

 

Definately ! :)

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Thanks for the positive feedback, after all is said and done with these leeches all i was after in feb was a CCA for £1 as i had no previous experience in these matters i now feel much more confident in dealing with this subject.

spuddly

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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finally getting my house in order

Telephoned CCCS today and canceled three off my list

1...citifinancial

sent CCA 17/03/07 recieved 20/03/07

reply 24/04/07 no agreement

sent failed to comply letter 01/05/07

sent S.A.R - (Subject Access Request) 08/05/07

sent FOS complaint 08/05/07

WON.......http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

 

 

2...CABOT

sent CCA 17/03/07 recieved 20/03/07

reply 26/03/07 they will investigate(miss marple!!)

sent failed to comply letter 08/05/07

sent S.A.R - (Subject Access Request) 08/05/07

 

link to thread

http://www.consumeractiongroup.co.uk/forum/cabot/78350-cabot-financial-response.html

 

 

3...paragon (ref48)

sent CCA 17/03/07 recieved 20/03/07

reply NONE!!

sent failed to comply letter 08/05/07

sent SAR 08/05/07

 

this one is awkward...

PARAGON (ref140)

( R D SHELTON)

sent 15/03/07 forgot to add £1 cheque but recieved by them on 16/03/07

sent second letter+£1 cheque 17/03/07 sent back "GONE AWAY"??

Contacted for confirmation of address then sent 3rd letter to HELEN DAVID...no reply to that letter either

sent 4th letter 01/05/07 SPECIAL DELIVERY finally recieved 02/05/07

sent SAR 08/05/07

 

link

http://www.consumeractiongroup.co.uk/forum/general-debt/89866-originally-10k-now-paid.html

 

These two i think i wll save for later (not too long though)

sent SAR halifax 01/05/07

sent CCA barclaycard 01/05/07

 

link

http://www.consumeractiongroup.co.uk/forum/barclaycard/99562-sent-cca-barclaycard-01-a.html

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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