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Spiritgirl -v- Various DCAs


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... Good luck with yours by the way - if you can get shut of £60k that will be fantastic!

Spiritgirl ;)

 

Heh, I just DID:grin:, purely with CCA's and a couple of SAR's. I also threatened to report a couple of lenders who had clearly breached Anti Money Laundering law by destroying records ( a nuclear option if used properly:cool:). Sorry the wording of my last post was not very clear. Out of £75k of unsecured debt I am only having a problem with a £3,500 old car loan I had with Black Horse:-x.

"Why CCJ when you can CCA!"

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Guys, another of the 11 have written back to me today stating that "as I am unable to provide you with a copy agreement at the date the card agreement was made and a copy of the current terms of the card agreement, as an exceptional matter and in line with the Consumer Credit Act requirements the current balance of £XXXX has been discharged and is no longer obligatory"

 

 

This was a substantial amount of money too!!! I am so chuffed about this, I can't put into words!

and so .... if these guys can do that, and admit they can't provide a "proper" agreement with the terms they mention, it bodes well for the future doesn't it?, as it still seems up to now that I only have ONE proper agreement out of the 11 requested (that of A&L) in my possession!

 

Vampyra you are right - the others are still "application forms" which mention the Consumer Credit Act - not the same thing at all, right?

 

Oh this is WONDERFUL news I'm so pleased for you! :D

 

I am so looking forward to getting some replies with mine. :lol:

 

Well done to everyone getting such good news!

 

And no an application form isn't a signed credit agreement!

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Hi payingonlyencouragesthem

 

Any chance of letting me know how you used the Anti Money Laundering Law to reduce your debt. It would be of great interest to me as I may want to use it.

 

Thanks......Rory

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi payingonlyencouragesthem

 

Any chance of letting me know how you used the Anti Money Laundering Law to reduce your debt. It would be of great interest to me as I may want to use it.

 

Thanks......Rory

 

No problem. PM the details and we will sort it out and copy back to the forum, without personal info.

"Why CCJ when you can CCA!"

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Hi payingonlyencouragesthem

 

Any chance of letting me know how you used the Anti Money Laundering Law to reduce your debt. It would be of great interest to me as I may want to use it.

 

Thanks......Rory

 

It's not the holy grail but it does frighten them into giving up if they keep on chasing you when they can't produce an agreement. Basically bank account and credit card account applications have, by law, to be kept for a period of six years after the closure of the account (not just six years after opening the account, as DCA's sometimes maintain). Breaking this law is much more serious than a CCA or SAR default as it could get someone hauled off to the pokey.

"Why CCJ when you can CCA!"

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Thanks for that. Very useful piece of info which I'm sure most people (even some who work for financial institutions) are not aware of.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Yes as the file says AML is embedded in several laws. As I work in a financial institution I know the six year rule because I have to abide by it but I'm not sure which of the Acts covers it specifically.

 

Hello payingonlyencouragesthem, thats a useful bit of info,is this the law you mentioned

 

http://www.hm-treasury.gov.uk/media/112/23/money_laundering.pdf

 

 

Regards S

"Why CCJ when you can CCA!"

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The money laundering regulations 2003 sort of mention it, although the regs are quite complicated. I don't think you would have to quote the exact Act - just make clear to the financial institution that you are aware of this regulation and are willing to report them on the grounds that they haven't complied with the six year rule. It would then be a matter for the prosecuting body to quote the exact Act and the subsequent breech/criminal offence when taking them to court.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The FSA refer to the 6 year rule in their handbook, although they don't stipulate the Act.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The FSA refer to the 6 year rule in their handbook, although they don't stipulate the Act.

 

That's useful. The FSA is required to act on breaches of its rules so even if they could claim the law was unclear they'd still be in trouble.

"Why CCJ when you can CCA!"

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That's why I posted - if the FSA say this is how you should conduct your business you better do it or your in deep doodoo.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hiya friends

 

By way of an update, I today received a letter from one of the companies I'd cca'd (not a DCA but an original lender) who asked me to contact them as they were not willing to "comply with my request" until they had gone thru security questions with me.

 

Had it been a DCA I would not have bothered, but as they are the lender and not a DCA, I thought I would see what was going on, and I'm glad I did cos you are going to love this....

 

I duly phoned up to confirm security and the girl at the other end then asked me what they could do for me. I said that they could send me a copy of my credit agreement as I had requested, and this is what followed:

 

(Her) stunned silence...I'm not sure what you mean?

 

(Me) A copy of my credit agreement with you which I have requested.

 

(Her) Erm, you need to ask the Citizens Advice Bureau for one of them :eek::lol: (never been told this before have you?)

 

(Me) No I am asking you, the lender. I have sent you my letter and my £1 and you by law have to provide me with a copy of my original credit agreement

 

(Her) more stunned silence ....you mean your application form?

 

(Me) No, I mean my credit agreement

 

(Her) Yes, your application form

 

(Me) No, my credit agreement showing all prescribed terms according to the consumer credit act

 

(Her) Yes your application form!

 

(Me) No, my credit agreement

 

(Her) Oh we don't do them, I'll send you a copy of your application form in today's post cos its the same thing, its got that bit at the bottom where you signed!

 

(Me) deciding it was a lost cause...OK then! :lol:

 

Oh boy am I going to enjoy this! Not only have they now defaulted on my request but they are another lot who are going to be sending me an application form. It was so clear that she didn't know what on EARTH I was talking about and I did feel a bit sorry for her. I could almost feel the cogs turning when there was stunned silence, bless her!

 

So, its still ONLY A&L who have complied - and now each and every one of the others have defaulted in one way or another.

 

Let the games begin !! :)

 

I'll post back again as soon as I have more news.

 

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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s59 -

 

If its anything like mine, be prepared to get a sheet of a4 with your sig in a sig box, nothing else, LOL

 

Or, if like the wifes, the same, with her name and address at the top left

 

 

Gotta love them

 

Ah, bless!

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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Hiya friends

 

By way of an update, I today received a letter from one of the companies I'd cca'd (not a DCA but an original lender) who asked me to contact them as they were not willing to "comply with my request" until they had gone thru security questions with me.

 

Had it been a DCA I would not have bothered, but as they are the lender and not a DCA, I thought I would see what was going on, and I'm glad I did cos you are going to love this....

 

I duly phoned up to confirm security and the girl at the other end then asked me what they could do for me. I said that they could send me a copy of my credit agreement as I had requested, and this is what followed:

 

(Her) stunned silence...I'm not sure what you mean?

 

(Me) A copy of my credit agreement with you which I have requested.

 

(Her) Erm, you need to ask the Citizens Advice Bureau for one of them :eek::lol: (never been told this before have you?)

 

(Me) No I am asking you, the lender. I have sent you my letter and my £1 and you by law have to provide me with a copy of my original credit agreement

 

(Her) more stunned silence ....you mean your application form?

 

(Me) No, I mean my credit agreement

 

(Her) Yes, your application form

 

(Me) No, my credit agreement showing all prescribed terms according to the consumer credit act

 

(Her) Yes your application form!

 

(Me) No, my credit agreement

 

(Her) Oh we don't do them, I'll send you a copy of your application form in today's post cos its the same thing, its got that bit at the bottom where you signed!

 

(Me) deciding it was a lost cause...OK then! :lol:

 

Oh boy am I going to enjoy this! Not only have they now defaulted on my request but they are another lot who are going to be sending me an application form. It was so clear that she didn't know what on EARTH I was talking about and I did feel a bit sorry for her. I could almost feel the cogs turning when there was stunned silence, bless her!

 

So, its still ONLY A&L who have complied - and now each and every one of the others have defaulted in one way or another.

 

Let the games begin !! :)

 

I'll post back again as soon as I have more news.

 

Spiritgirl x

 

This is hilarious!! They are absolutely nuts? Haven't got a clue between them?

GO BACK AFTER THEM WHEN THEY DEFAULT!!! :grin:

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lol oh well.

 

write back asking for a written transcript of the call, i believe your allowed to do this!

 

then youll have it in writing that she said

 

"we dont do them"

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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I have to laugh about this company - I haven't had so much fun in ages!! They should be charging me for the "entertainment value" really!

 

I have basically argued for months with them to remove a default, payback charges, PPI etc.. and supply a CCA.

 

So first they send a copy of an application form. I write back and say "this isn't what I asked for - can I have a true legible copy of my CCA?" I GET A VERY SILLY LETTER BACK WITH A "REDUCED SIZED" copy of the same application form and a hand written comment saying "If you'd like me to transcribe the bits you can't read let me know and I will write it out for you" - well we got to laugh? AGAIN I write back "look this isn't what I am asking for - I'd like the CCA please" they tell me this is what is my CCA.

 

So after weeks of this argument with them I then get a letter from them saying they'd sold this account to Lowell's DCA. The account was clearly in dispute at this stage - and what was funnier was they'd actually got the account number wrong on the account they'd sold.

 

Lowell's then spent time harrassing me by telephone for the "wrong account number" - their staff are even more rude than those at CAP1 - the guy from Lowell's said to me "you are a liar - this is your account CAP1 sold it to us" (sure wished I'd taped that conversation) seems like whatever CAP1 says goes?

 

We shall soon see about that!! :D :D

 

Let's just see what they say to Judge at the AQ hearing - CAP1 told judge in their AQ reply to my court claim they'd settled the monetry side of this claim. So how come Lowell's are asking for the "whole defaulted amount?" - the letters issued to me clearly show the amount sold by CAP1 and the amount that Lowell's are telling me I owe in a wrong account number!! So if they paid me - where did money go? and why is account still same amount? Mmmm!!! Should be interesting?

 

Then of course they will need to explain to Information Commissioners Office, OFT why they sold this account with a dodgy number and still with no CCA - they are sure going to have to come up with an answer or two?

 

I can't wait to get an AQ hearing date - should be fun?

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yay! wish i could come watch! lol

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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yay! wish i could come watch! lol

 

Kenny - I have spent months "dabbling" with this company and they have simply allowed me to build such a brilliant case against them!!

Selling the account with the wrong account number is the funniest yet!! I sent a complaint to ICO, OFT about that cause they really ought to be much more careful with peoples data? Seems someone must have just got fed up of having my name on their desk and didn't pay attention to minor details with account numbers?

 

I actually amended my POC's to "squeeze" this stuff in about the erroneous account being sold & collected by Lowell's - the judge did laugh as I had all the letters and proof that this had been done and CAP1 still wrote to judge in their letter apologising for their not attending amendment hearing "we have settled the monetry side of this claim" - but like judge said "wait for the AQ hearing - it's early days with these people yet" - she did smile - it was quite laughable as CAP1 had provided me with all the letters showing there were "porkies" and still wrote it in letter to judge - so funny ? AQ hearing can't come quick enough for me now!!

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hope you have fun and get the result you want!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Elizabeth, I hope this all goes your way. Sure sounds like you've had fun building the case - Clownells are complete twits. The very best of luck to you! :)

 

It's a job to know who is funnier Lowell's or CAP1 - Seems they can't get it right between them? :D

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This thread is both hilarious and informative, and love hearing such tales of incompetency against companies who have all made us upset (understatement perhaps?!) at some point in the past.

Also enjoying the success stories too, its a great boost.

Brilliant!

Red

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