Spiritgirl -v- Various DCAs

[Vampyra]

Hiya Spritgirl.

I am so sorry to hear about A&L and the Cohens saga - things were going really well to start with.

 

Just an update from me; all 7 DCA's went on to commit the criminal act by not supplying a credit agreement. However, Smile sent something which told me it was a CA but didn't have the correct prescribed terms and my Barclaycard Student Application form was just that and completely illegible too!

 

I'm going to nick and doctor the letter you sent to Link btw as CapQuest have sent the solicitors in without supplying a CA or anything vaguely like it! Talk about incompetence!

[kfdh1962]

same here guys , CCA went into capquest 8th may, still no DOA or CCA , times nearly up !!

[spiritgirl59]

Hiya Spritgirl.

I'm going to nick and doctor the letter you sent to Link btw as CapQuest have sent the solicitors in without supplying a CA or anything vaguely like it! Talk about incompetence!

 

Hiya Vampyra

 

Good luck with your letter to Capquest ! All we can do is keep plugging away at them all and hope they eventually get the message!!

 

kfdh good luck too!

 

No more news yet for me but I'll let you all know when there is any.

 

Spiritgirl x

[stadium_arcadium]

Hi Spiritgirl, what a saga! :o I would think that any court action they contemplate could easily be defended by yourself. Doctoring paperwork like that would surely be classed as fraud, and a judge would take a very dim view of that! Maybe they have realised this and thats why they've changed their minds.

Keep at 'em!

[babybear39]

Hi spiritgirl59 ,

 

Just to add that I've also been greatly inspired by your battle and determination

 

Good luck and best wishes,

 

BB

[tristar]

Hi Spritgirl, (and supporters)

 

Just subscribed to this thread. I too have problems with DCA's. I 've CCA'd Capquest they wrote back with the usual "account on hold for 28 days" to find the documents, AND requested that I send them:eek: proof of payments and any correspondence:mad:. 12 working days was up on the 08th June 07, I have not contacted them to remind them of the law so they look to be heading for default.

 

I have just CCA'd Direct Legal and Collections, who seem to be particularly keen to make my life hell with constant calls and threatening letters, coupled with an obsession to make me pay far more than I can possibly afford:-(

 

Without wishing to hi-jack, can someone put me straight on liability? I have been paying these "people" for some time now, does this preclude me from challenging now, or have I admitted liabilty by paying in the past?? and cannot therfore contest??

 

Good luck Spritgirl, your an inspiration to all of us.

[kennyparkroad]

can you make your own thread - re post your message, PM me the link and ill help you as much as i can

 

Kenny

[spiritgirl59]

Hiya guys

 

Update re Link :-

 

I sent them a CCA request (see earlier on this thread), they returned my postal order and told me it would cost me £5 for the information (and have now well defaulted). They also told me my account was not covered by Sections 77/78 as it is not a "current matter"...

 

And now they've sent more jackson pollocks as below. Can anybody help me with a suitably worded response to this tripe or shall I just ignore it and let them hang themselves?

 

Also as I have not S.A.R.'d them yet (since no agreement received) I am at a loss to understand why they are going on about statements:confused:

 

Looking forward to your views and advice guys.

Many thanks

Spiritgirl x

 

Dear Mrs Spiritgirl

 

Our ref: XXXX

Originator : MBNA Europe bank Ltd

Account No: XXXX

 

You have recently made a request under Section 77/78 for copies of varius documents.

 

As you are aware Link Financial purchased your debt from MBNA Europe Bank Ltd on XXXX 2006 and as such we do not always hold this documentation. We have requested a copy of the agreement and most recent terms and conditions your account was operated under from MBNA Europe bank Ltd and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

In order for us to progress your request for copies of statements we require some additional information from you. Please can you either write to the above address or fax to 0207 793 2660 the calendar months of the statements you would like to see and we will then proceed with ordering them from the original creditor. If you would prefer to call and verbally request the statements please contact us on 0207 793 2658.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges on to you.

 

Your account has been put on hold for the next 14 days for you to contact this office with further details as requested above.

 

Yours sincerely

Link Financial Ltd

[rory32]

I am at a loss to understand why they are going on about statements:confused:

 

It's because the only key they have worked out to use on a computer is the print key. This is a standard template letter from Link that I have seen many times before. Personally I wouldn't bother responding. Too much effort.

 

Just keep it for your files.

[spiritgirl59]

Thanks for getting me back to me so quickly Rory

 

Yes me thinks I will "file it" and forget it - I'll post back if I hear anything else.

 

Thanks again;)

Spiritgirl x

[ncf355]

SG,

 

I agree totally with Rory -

 

as long as youy can be 101% sure that you have sent them a properly worded CCA request you need to do no more

 

As many on here are aware, I got fed up with this type of response a long time ago and have wasted no further effort/paper/time on any of them, with the exception of issuing court papers that will hopefully soon have an effect

[spiritgirl59]

Update on Capital One :-

 

Well I heard nothing from this lot till today (bearing in mind my CCA was signed for by their office on 3rd April 2007 )

 

They have now sent what is supposed to be a "Credit Agreement" however it is not signed by them, it is my original application form with my signature and date, and it states at the bottom "please sign here and return this form in the freepost envelope"!!! There is a space where it states "authorised signature of capital one" and this box is empty.

 

In the small print it states "please issue me with a Capital One credit card and PIN and then goes on to state that the information I have given should be correct and they will check me out with various credit reference agencies etc. Then it continues about credit scoring, fraud prevention, and information and marketing. Sorry I can't scan it in as I don't have a scanner and my mobile phone won't do the job but my gut feeling is that this is a load of bunkum and NOT a properly executed agreement.

 

Separate to this sheet of A4 is a photocopy of terms and conditions, which could apply to anything as its not attached to the rest of it.

 

And also included are 3 pages of A4 purporting to be "statements" which start and end in 2005 !!!...There are over £150 of charges which I could claim back on these statements they have sent alone, however I still think they haven't provided a properly executed agreement so don't want to send a prelim letter as they've not proved the debt.

 

I had not S.A.R.'d them of course, because I was waiting for an agreement to arrive, so once again I cannot understand what these so called statements are for in any case!!...and the fact they stop at 2005 is a load of jackson pollocks as we are now in 2007!

 

I know Capital One are total plonkers so please guys - any advice would be appreciated. I just need a confidence boost at the moment to continue battling

 

Spiritgirl x

[kennyparkroad]

i would write back explaining that the agreement is missing one or more of the prescribed terms (dont tell them which one) which makes the alleged agreement invalid and therefore unenforceable.

 

the fact they have sent you that "agreement" without their signature means the balance is a write off

 

 

now ask them to remove all data pertaining to you, clear everything on credit files and confirm the balance is now nil.

 

failure to do so will result in complaints being made to Trading Standards, ICO etc.

 

and also inform them failure to comply could result in court action being taken against them.

 

its not signed by them they are up the creek, GRATS!

[rory32]

First of all its not a credit agreement, it's an application form from which you may or may not have been approved for credit. If they are willing to state that this is a true copy of the agreement then that is absolutely super - because it isn't.

 

By all means right back to them and tell them that the copy of the "agreement" that they have supplied is unenforceable. But don't tell them I asked for a copy of the agreement and you sent me an application form.

[spiritgirl59]

Kenny & Rory - thanks so much guys

 

I shall write to them as you've suggested - I won't mention about asking for an agreement Rory, you may recall these were the individuals whose member of staff told me on the phone "we don't supply agreements, we only supply application forms!"

 

I'm going away to stay with friends for a few days, no doubt there will be more little gems in the mail when I get back, but meantime thank you for all your help; its been so invaluable.

 

Back soon!

Spiritgirl

[elizabeth1]

Spiritgirl - you are absolutely right it is an application form - therefore they haven't complied with your request.

 

They sent me a similar A4 page copy of my application form and they are absolutely adamant it's an executed agreement (they sent same page to me on 3 separate occasions!!) - they've signed statements to this effect on court papers and several letters to me saying it is the agreement.

 

You can include this in your court claim if you are planning on chasing the charges etc..

 

There are a few different "versions" of these agreements that I have seen on here from Cap1 - I don't know what makes them think they can get away with it LOL They are foolishly thinking we can't see through their tricks!!

 

I can't wait to see what the Judge says at AQ stage about what they've been upto with my case - they clearly thought I'd drop my claim against them - not a chance!!

[rory32]

they've signed statements to this effect on court papers and several letters to me saying it is the agreement.

 

Oh goody!!

[vinegarvera]

Hi spiritgirl,

Hpe you have had a good break!! you deserve it!

You are an inspiration, I was getting in a mess (most of it not my fault).

I cannot believe the speed and ruthlesness of these financial organisations.

I was late for 2 payments by 1 day!! and my details were passed to a DCA!!! overdue amount £1!!!

I have now sent 9 DCA requests recorded delivery today.

Fight the good fight guys!!

[babybear39]

Hi spiritgirl59 ,

 

Just popped by to offer support and encouragement

 

Best wishes and good luck,

 

*hugs*

 

BB

[Jeff2000]

Hello spiritgirl,

 

 

Once they have defaulted and committed an offence, report them to Trading Standards. They will probably pass it on to LB Lambeth, who are the local Trading Standards in Link's area. I have been told by my local Trading Standards, that these people are very interested in the activities of Link!

 

So let them hang themselves, and then contact TS!

 

 

Good luck, Jeff.

[elizabeth1]

Hello spiritgirl,

 

 

Once they have defaulted and committed an offence, report them to Trading Standards. They will probably pass it on to LB Lambeth, who are the local Trading Standards in Link's area. I have been told by my local Trading Standards, that these people are very interested in the activities of Link!

 

So let them hang themselves, and then contact TS!

 

 

Good luck, Jeff.

 

Oh - good !!!

 

I have a Link/MBNA case/claim coming up any day now - am awaiting CCA/SAR details from them both (Mmm!! flying pigs comes to mind)

 

Can you please pass that TS address to me for future use as I will send this stuff to them as they default etc.. Nice to see someone at TS interested in this company.

[Jeff2000]

Hello everybody,

 

 

Hope this helps:

 

 

Lambeth Trading Standards

 

If you need to contact Lambeth Trading Standards directly, please use the following:

Trading Standards

Public Protection

2 Herne Hill Road

London SE24 0AU

Phone: 020 7926 6102

Fax: 020 7926 6150

Email: tradingstandards@lambeth.gov.uk

 

 

 

 

Best wishes, Jeff.

[spiritgirl59]

Hi again my friends

 

Thanks for the advice re Lambeth TS x

 

Back from my mini-break feeling a little less stressed LOL. Only ONE letter waiting for me but it is a little belter and I couldn't wait to relate the saga to you all tonight and give you a laugh.

 

The little gem was a letter from Creation Financial Services threatening to take action against me if I didn't phone them immediately. Now bearing in mind I have S.A.R.'d them, me thought they had somewhat jumped the gun...anyhow I decided to phone them as the letter was from their "Legal Department" and I felt like a good laugh!

 

Got this very pleasant lady on the phone and this is how the conversation went ....bearing in mind she was in their LEGAL department...therefore quite knowledgeable one would think....do not be fooled pmsl ....

 

...after going thru security etc...

 

(her) so are you ringing to make a payment by debit card or credit card?

 

(me) no I am ringing because I don't understand why you have sent me your latest letter dated XXX as this account is in dispute and I am waiting for you to respond to my Subject Access Request

 

(her) respond to your what?

 

(me) my Subject Access Request letter dated XXXX

 

(her) ....long silence as cogs turn.... and what is one of those?? :o

 

(me) let me explain to you (explains!)

 

(her) erm...well I've never heard of THAT before ...what is it called again, a subject access request....let me make a note of that....how long do we have to comply?

 

(me) forty days from the date of my letter which was XXXX

 

(her) well it may have gone astray because its not on my screen

 

(me) its somewhere around your office - it was sent recorded delivery and has been signed for!

 

(her) oh well then it won't have gone astray....erm, can you read the letter out to me so I know what it says

 

(me) reads it out pmsl...can't believe this is the legal department guys!!

 

(her) oh, right, well I don't know why we are threatening you with legal action then because we clearly need to respond to that letter

 

(me) my thoughts exactly love!

 

(her) erm, I can only put your account on hold for fourteen days though

 

(me) well you will need to get things sorted it fourteen days then

 

(her) it may take longer, there's clearly a lot to do, I've never heard of one of those subject things before :eek:

 

(me) well please make a note on your screen about our little chat today and I'll wait to hear from you with all the information I requested, then when I've claimed back my unlawful charges from your firm we can discuss this further

 

(her) oh yes, you mean like those bank ones ...I know the charges you mean!

 

(me) precisely - so let me have your name please and I'll wait to hear from you with all my requested information.

 

(her) yes of course, I'll make a note of everything you told me... (sounding relieved to get rid of me)

 

Guys it was absolutely priceless! I could not BELIEVE that someone in the legal department did not know what an S.A.R. was - can you?, and I couldn't wait to share it with you all!

 

Spiritgirl x

[lemma1968]

You just couldn't make it up!

[rory32]

Well in fairness knowing anything about consumer rights may create a conflict of interests for their "legal" department. Best to be completely ignorant.