Spiritgirl -v- Various DCAs

[spiritgirl59]

...and so the fun goes on....LOL Elizabeth you had me in fits

 

This morning have received a credit card statement from Lloyds TSB - despite the fact that they have sent an APPLICATION FORM in response to my CCA and will therefore be receiving sweet f.a. from me in the way of money from now on!...

 

Next thing will no doubt be their letter asking where their money is!

 

Oh what joy I will have responding to that!

 

Spiritgirl

[ncf355]

LTSB?

 

Consider yourself (un?) lucky!

 

I havent had a thing to a S78 received by them in Feb yet still they continue to send statements! (and call, and write)

 

They are my best buddys

 

[spiritgirl59]

LOL ncf they are priceless!

 

Kenny, what you said about asking for a transcript of the Cap1 conversation, I've tried this in the past with Lloyds and they managed to wriggle out of it by their Data Control Department sending my cheque back saying "despite an extensive search they could not find a record of the conversation" (yeah right ) and I had their "profuse apologies" etc etc....some of the other lovely members on here said I would have almost no chance of getting a transcript because they would find a way round it - never mind I have a note of her name and the date I spoke to her at Cap1 so its her word against mine, PLUS their default on my CCA of course which is the main thing....with the imminent arrival of the application form she is so certain is a CCA!

 

While I'm on, can anyone direct me to a thread with a letter of response for when the DCAs start hounding me because I have stopped my repayments due to their default on the CCA letter. I know I saw one somewhere but can't remember where???

 

Many thanks in advance guys & girls x

 

Spiritgirl

[kennyparkroad]

if they say they cant find a copy of the transcript then they are breaking the law under the Data Protection Act

 

any correspondance you have with them, they have the legal obbligation to record it farily and accurately.

 

id chase that one up!

[spiritgirl59]

Thanks Kenny

 

Will do!

[DANNYBOY1]

Thanks for the info guys - You have been so informative - Spend 5 hrs on the site last night reading up - I have sent of the CCA Letter recorded delivery yesterday and they signed for it today - Clock is ticking. I am going to take these guys down with everything I have. I cannot belive i was so stupid in the first instance not to request a copy of my credit agreement. One of the debts is an overdraft which the bank kept putting up without my authority - Granted I used it but I will be getting charges removed and (what would my stance be as an overdraft is not signed for?) I will be reclaiming all my direct debits of £3210 from my bank once they default - Thanks again guys

[elizabeth1]

...and so the fun goes on....LOL Elizabeth you had me in fits

 

This morning have received a credit card statement from Lloyds TSB - despite the fact that they have sent an APPLICATION FORM in response to my CCA and will therefore be receiving sweet f.a. from me in the way of money from now on!...

 

Next thing will no doubt be their letter asking where their money is!

 

Oh what joy I will have responding to that!

 

Spiritgirl

 

CAP1 - are the funniest people - the entertainment I have had from these people :grin: Just give them "rope" and you'll not fail to beat these people - they are funnier than a cart load of monkey's ? They "mega mucked up" as my son would say!!

 

It's like instant "karma" ? When I think of the hardship these people put us through when even though I thought we'd relevant insurance covers and PPI - and they wormed out of settling card repayments and slapped us for charges etc.. - I so struggled like many people on here and found it near impossible to cope financially - AND NOW THIS STUFF ?? Like they say "what goes around - comes around" ?

[gypsumsif]

with ref to recorded phone calls. is there a home phone we can buy that will record conversations, and is it possible to do this with your mobile?

 

and yes it is somtimes a real giggle this site. i enjoy reading peoples first thread (inc but not limited to my own) where they are full of panic and dispair. two pages on and they are "bring it on".

as elizabeth says above its good stuff karma:)

[spiritgirl59]

Guys and gals get this....

 

I have today received a letter from H Cohen following my CCA request, and they are enclosing a copy APPLICATION FORM for a store card (which they refer to as "the original agreement") BUT even better, where my signature appears on the application form, someone has written in a date in x/x/96, and in the signature box below (signed by the company the date appears as x/x/95...)

 

And so...since I took this agreement out on x/x/95 the date under my signature has been added!. So someone has definitely "fiddled" with this application form - also at the top there is a scribble of a name in EXACTLY the same handwriting as whoever has written the wrong date under my signature!! The photocopy is also pretty naff and I can't read the terms and conditions either. They have also defaulted as they signed for my CCA letter on 3rd April 2007 - some 25 days ago!

 

Probably them fiddling with it is why it has taken them so long to get it to me! :idea:

 

The letter states they look forward to receiving my further payments as they "trust this is in order"

 

Well bow larks to that! My gut feeling immediately is that this is certainly NOT in order for all the reasons above, but will one of you lovely peeps please confirm this for me ready for when they kick off as they are one of the awkward ones.

 

By way of some background, these are the low lifes who sent me "fake" court forms when they originally took over the debt ...not that it got them anywhere cos I played them at their own game, filled in the alleged "court forms", sent an income and expenditure form prepared by the CAB with it and a full explanation of my financial situation. At the time I didn't realise these were fake, it was only after reading about it on help sites.

 

Shortly after Cohens wrote to me again and said "pay up or else the court will enforce judgement" I wrote back to them that they should not be contacting me but should contact the court direct for a decision since they had "instructed the court" and I told them I had already sent back the paperwork by recorded delivery to the court!!

 

Amazingly, just a couple of days later they wrote to agree my offer of £1 token amount "under the exceptional circumstances"!

 

This lot are so unscrupulous I need to know where I stand before I kick bottoms!

 

Many thanks

Spiritgirl

[linz2011]

just subscribing guys hoping you can advise me very soon when i get results from a number of CCA's sent.....

 

watch this space................

 

Good luck to all

[elizabeth1]

Hiya guys

 

Am starting a new thread on this task so as not to get confused.

 

Sent off all CCA requests (11 in total) at the beginning of the month, recorded delivery.

 

Interestingly all hassling phone calls have suddenly stopped this week from one DCA in particular (a bunch of rude and ignorant low lifes who are constantly abusive ... you'll no doubt guess who I mean!) ) so I'm wondering if they have now seen my CCA letter and realise they haven't got a leg to stand on

 

So far only one response out of the 11 with a copy of my actual signed agreement (which is kosher) so the clock is now ticking.

 

Will update as and when I get anything back.

 

Best of luck everyone, I am following many of your threads with interest.

 

Spiritgirl

 

Spiritgirl - they are definitely "meddling" with DOCS in there and I have seen another version other than the "application form" which they are also trying to convince the account holder "this is the original executed agreement" - theirs is totally different to mine and looks like the signature was pasted back to front - if held backwards to the light it reads the correct way - but on a page face upwards is illegible.

 

But as we know early days with this company - they are shooting more toes off their feet everyday!!

[spiritgirl59]

Thanks Elizabeth

 

I intend to fight the lot of them all the way - I just feel it will not be easy and do anticipate some of them kicking off, but as I've said before the ONLY properly executed document I have is that from the A&L which to my mind is definitely a "precedent" as to how these documents should appear. I wish I knew a County Court Judge personally, because I would love to get his/her opinion on this!

 

I am also bearing in mind that RBS wrote off my debt due to them admitting in writing they were unable to find the proper executed agreement - they did not send an application form instead! - so all these little events and the written proof I have are surely in my favour!

 

Will keep you posted and thanks for your help.

 

Spiritgirl

[crusty git]

Essential reading

[Vampyra]

Good going Spiritgirl!

 

2 more days and most of mine default! Fingers crossed!

[stormo]

Hello Spiritgirl and vampyra, been following this topic, and just to let you know, that, both my DCA`s have now gone over the total time allowed,and as mentioned elsewhere into crim offence territory

 

This hasnt stopped letters coming though, but non this morning to add to my growing case files

 

So good luck with your individual campaigns,looks like midweek will be a special one to look forward to,you can almost smell the freedom and your bank balance will be putting on a little weight (thats the good bit )

 

Regards S

 

PS also its my 100th post yay!

[spiritgirl59]

Thank you guys and girls

 

Yes I am looking forward to the middle of next week with great relish!!

 

Thinking of you Vampy, it seems both of us will have something to celebrate eh?

 

Well done on your 100th post Stormo, and well done on the result with the DCAs too!

 

Supportive cyber hugs

Spiritgirl

[payingonlyencouragesthem]

Thank you guys and girls

 

Yes I am looking forward to the middle of next week with great relish!!

 

Thinking of you Vampy, it seems both of us will have something to celebrate eh?

 

Well done on your 100th post Stormo, and well done on the result with the DCAs too!

 

Supportive cyber hugs

Spiritgirl

 

You are all on the right track:grin:. I Have vapourised about £32k of debt with CCA's in the last nine months. I just got a letter from nice Mr Beavan at Lowells telling me that I "should recieve no further correspondence" with regards to my £4,285.40 Capital One balance. I was looking forward to the Lowell / Hampton Postman Pat Statutory Demand however...

[stormo]

Hello Folks,thanks for your kind words of support,i`m also rooting for the lawyer chappie Tom Brennan who is trying to get Gnat westy into court for the overdraft penalties,anyone else following this case?

 

Hope you dont mind me asking this in your thread Spiritgirl

 

 

Wonder indeed what they will send next my darlin DCA`s i dont know many orgs that can send letters which state random things like its been made up as its gone along very strange

 

Regards S

 

Ps payingonlyencouragesthem are you the debt buster record holder for zapping tiny little bills (alleged ?

 

S

[payingonlyencouragesthem]

Ps payingonlyencouragesthem are you the debt buster record holder for zapping tiny little bills (alleged ?

 

S

 

No sadly not by a very long shot:grin: an esteemed fellow CAG'er crossed the £90k barrier in a certified attempt quite a while ago;) but I WILL beat him thru the six figure barrier...

[ncf355]

No sadly not by a very long shot:grin: an esteemed fellow CAG'er crossed the £90k barrier in a certified attempt quite a while ago;) but I WILL beat him thru the six figure barrier...

 

POET, can you post a link to that CAG'ers thread on this?

 

 

Cheersh!

[payingonlyencouragesthem]

POET, can you post a link to that CAG'ers thread on this?

 

 

Cheersh!

 

He doesn't have any threads as far as I'm aware. All I know is that he's not a homeowner and has a credit file that says don't bother suing me written all over it.

[spiritgirl59]

Stormo, of course I don't mind you adding to this thread

 

Well friends the day has arrived! They have now ALL except for A&L defaulted in one way or another! :D

 

I still can't believe it to be honest...so out of nearly £50k of debt and 11 Creditors I now have only one payment to make to A&L.

 

Interestingly the phone rang late last night and when I checked 1471 it was one of the 10 trying to contact me...so let the games begin!!! Calls will be totally ignored, and I shall await contact from them in writing!

 

I'll be back when I hear anything from them which I am sure I will cos they will by now be wondering where their money is!!

 

Spiritgirl

[kfdh1962]

wtg spirit girl, watching your thread with interest. I have a couple of credit card debts that have been sold on to DCA's,

With one of them (cap 1 sold to cap quest) since i challenged the balance they cannot agree who now has the debt and how much it should be for. So i stopped paying last november until they can veorfy the balance

About to send CCA request to cap quest , thanks for the inspiration:)

 

ps is there a template for CCA requests..cant seem to find one inthe library

[kennyparkroad]

heres a standard CCA request that i use

 

 

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement.

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

[kfdh1962]

heres a standard CCA request that i use

 

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

 

Hi Kenny,

yea i recall seeing this in your thread...thanks for the info i will use this