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    • organised criminal gangs pull all kinds of stunts......
    • It could work 2 ways it might make them decide to bail out and withdraw ilast minutef they can't counter it, or plod on and try to wing it on the day
    • Wont work I am afraid, at least not in itself. Broadly, a creditor can record a D on a re arranged debt under certain circumstances.   Yes I know, completely unfair, and needs challenging, in court desperately.   I would make your complaint, and when you get the final response go to the FCA ombudsman,   The number is freely available, you ring in the first instance and he will tell you what he needs.   Generally, if you make a fuss they eventually cave in to avoid court action, but it requires perseverance and can take a while.   I think i stated the situation elsewhere on this forum.   @ London. The Section 87 notice is a requirement of the CCA, and has nothing to do with data recording. Although you should check if a warning of filing the debt was issued 28 days before it was placed on the record.   @Andy A notice of correction is a mixed blessing to say the least. All they do is disrupt the initial search from a prospective lender, generally they do not proceed to to examining the account, if the search is "footprint free" the creditor cannot see it without registering the search. 
    • It's unlikely you will be able to stop them – but you should certainly be building up a paper trail of messages to Barclays informing them of their data breach and that they should stop. Do the emails give you any indication as to who the person is? Is there sufficient information for you to contact that person directly? Also I think I would contact the ICO   Incidentally, if you manage to reach Barclays about this then the best way to attract their attention is to tell them that this is the beginning of a formal complaint which you are taking to the financial ombudsman service. Tell them that you want a complaint reference number and they have eight weeks to respond before you go to the FOS. Tell them also that even if they put an end to the emails and address the problem, you still want to go to the FOS and to the ICO although you may be prepared to reconsider if they offer you reasonable compensation for the inconvenience to which you have been put. I suggest £50. Start the bidding at £75.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

CCA's and Dave against the world !!!


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Just for you "woefull willies" out there...just started to read the "carey v HSBC" judgment which was touted by the media as the end to claims etc...

 

this section at paras 15 - 16 struck me......hard

 

at last another piece for the puzzle, and from a mercantile court... this bears out the Tuckey ruling in wilson v hurstanger

 

--------------

 

15.Then, by Regulation 6 and Schedule 6 the following terms had to be contained in a regulated agreement for running account credit if it was not to be an IEA, and were prescribed for the purposes of s61 (1) (a):

"A term stating the credit limit or the manner in which it will be determined or that there is no credit limit" (paragraph 3 of Schedule 6);

"A term stating the rate of any interest on the credit to be provided under the agreement" (paragraph 4 of Schedule 6);

"A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of

the following:

number of repayments;

amount of repayments;

frequency and timing of repayments;

dates of repayments;

the manner in which any of the above may be determined;

or in any other way, and any power of the creditor to vary what is payable." (paragraph 5 of Schedule 6).

I shall refer to these as "the Prescribed Terms".

 

 

16.Accordingly, the document which is signed by the parties (and which forms all or part of the executed agreement) must itself contain the Prescribed Terms and the name and address of the debtor. Other terms may be incorporated by reference but not the Prescribed Terms.

 

there's bound to be more good news there somewhere

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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there's bound to be more good news there somewhere

 

Dave

 

Not sure if youre in this group already dave but if not join it :-)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

 

At the moment its looking like less of a victory for the banks than they suspect although its up to us to show the DJ's the relevant sections in the ruling which is over technical/long and down right confusing at times :-)

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Not sure if youre in this group already dave but if not join it :-)

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html

 

At the moment its looking like less of a victory for the banks than they suspect although its up to us to show the DJ's the relevant sections in the ruling which is over technical/long and down right confusing at times :-)

 

S.

Look forward to your comments Dave.

Stripper

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  • 3 weeks later...

Hi peeps

 

Just had a letter from Equidebt regarding the loan from MBNA £9k. Just before they sold it they offered me substantial reductions...something like 60% off.....now then Equidebt are doing something similar

 

They wrote

 

" We can help you"

 

we will consider all reasonable offers of repayment

 

blah blah blah

 

I would urge you not to ignore this letter, however small the offer may be, Equidebt may be able to assist you

 

please contact.......etc

 

yeah thats gonna happen :)...not

 

I wonder why dont they just say "pay up or else" and then follow that through with a summons??

 

maybe because the agreement stinks ????

 

I wish they would then I can get this one out of my hair finally.

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi peeps

 

Just had a letter from Equidebt regarding the loan from MBNA £9k. Just before they sold it they offered me substantial reductions...something like 60% off.....now then Equidebt are doing something similar

 

They wrote

 

" We can help you"

 

we will consider all reasonable offers of repayment

 

blah blah blah

 

I would urge you not to ignore this letter, however small the offer may be, Equidebt may be able to assist you

 

please contact.......etc

 

yeah thats gonna happen :)...not

 

I wonder why dont they just say "pay up or else" and then follow that through with a summons??

 

maybe because the agreement stinks ????

 

I wish they would then I can get this one out of my hair finally.

 

rgds

 

Dave

 

Dave.

 

"we can help you"......they just don't get it do they.

 

Regards

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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all debt collectors are same most start off nicey nicey then get nasty or start nasty at start lol :mad:

I certainly wouldnt like their job if faced with contacting me or others however some people do get intimidated and scared and this is where everyone can help giving good advice on here

Regards Gaz

Edited by gaz2954
typing
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Hi peeps

 

Just had a letter from Equidebt regarding the loan from MBNA £9k. Just before they sold it they offered me substantial reductions...something like 60% off.....now then Equidebt are doing something similar

 

They wrote

 

" We can help you"

 

we will consider all reasonable offers of repayment

 

blah blah blah

 

I would urge you not to ignore this letter, however small the offer may be, Equidebt may be able to assist you

 

please contact.......etc

 

yeah thats gonna happen :)...not

 

I wonder why dont they just say "pay up or else" and then follow that through with a summons??

 

maybe because the agreement stinks ????

 

I wish they would then I can get this one out of my hair finally.

 

rgds

 

Dave

Hiya Dave,

 

I had dealings with Equidebt last year took a few letters, but got them out of my hair for once and all, default and everything:D

 

I can pm you if you want more details;-)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello All,

 

Equidebt have just started their silly games with me again .... I waited 7 months for them to send me a response to my CCA request ..... it arrived at Christmas and is totally unreadable ..... mainly due to the fact that they have reduced it in size!!

 

Anyway in the last week I have received six letters from them .... all different and some claiming I have not paid my agreed monthly payment to them??? I have not agreed anything with them!!

 

The best letter from them says "We accept your proposals and the first payment is due in this office no later than 13/01/10" Their letter is dated 16/01/10!!!

 

Incredible.

 

Onwards and Upwards.

 

Chalkitup

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Hello All,

 

Equidebt have just started their silly games with me again .... I waited 7 months for them to send me a response to my CCA request ..... it arrived at Christmas and is totally unreadable ..... mainly due to the fact that they have reduced it in size!!

 

Anyway in the last week I have received six letters from them .... all different and some claiming I have not paid my agreed monthly payment to them??? I have not agreed anything with them!!

 

The best letter from them says "We accept your proposals and the first payment is due in this office no later than 13/01/10" Their letter is dated 16/01/10!!!

 

Incredible.

 

Onwards and Upwards.

 

Chalkitup

 

Sounds like they are trying to invent a paper trail..

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hello All,

 

Equidebt have just started their silly games with me again .... I waited 7 months for them to send me a response to my CCA request ..... it arrived at Christmas and is totally unreadable ..... mainly due to the fact that they have reduced it in size!!

 

Anyway in the last week I have received six letters from them .... all different and some claiming I have not paid my agreed monthly payment to them??? I have not agreed anything with them!!

 

The best letter from them says "We accept your proposals and the first payment is due in this office no later than 13/01/10" Their letter is dated 16/01/10!!!

 

Incredible.

 

Onwards and Upwards.

 

Chalkitup

 

 

Oh they must have assumed the letter would go back in time. If not there tellepathetic abilitys would enable them to contact making sureur aware of payment date.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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OMG, intergalactic DCAs :eek:

 

AAAAAAAAAAAAAAAAAAAARRRRRRRRRRRRRRRRRRRRGGGGGGGGGGGGGGGGGGGGGGGHHHHHHHHHHHHHHHHH

 

Quick behind the sofa.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hello All,

 

 

The best letter from them says "We accept your proposals and the first payment is due in this office no later than 13/01/10" Their letter is dated 16/01/10!!!

 

Incredible.

 

Onwards and Upwards.

 

Chalkitup

 

I can't believe you're being so unreasonable and didn't pay them 3 days before they wrote the letter Chalkitup. Honestly, it wasn't much to ask was it:rolleyes::)

 

It's similar to a letter I had from Co-op a while ago. I had one letter, then two days later had a letter, dated the same as the first one, which was having a pop at me for not responding to letter one!

 

Clearly we just don't want to help ourselves:D

Time flies like an arrow...

Fruit flies like a banana.

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  • 3 weeks later...

Hi guys....

 

with regard to the BC Charges and my objection to a portion of the claim being struck out because its over 6 years, the judge has asked for a hearing on 16 March (30 minutes).....Cant wait !!!

 

Its not for a great deal of money, but its the principle and it will give me some more experience of a courtroom.....(this time as claimant :) )

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi guys.....

 

Just been getting a LOT of flac from equidebt just recently over an MBNA loan.....the flac doesnt bother me and I can handle it (for the moment)

 

BUT.... I thought I'll get the agreement out and have another look at it.....

 

half way through doing that I had my tea and then sort of lost where I was up to (age)............... and then came and had a look on here.

 

Amongst other things that may be wrong with my agreement it has just struck me that this last agreement paid off the previous one and only about £5k was put into my bank account....(this loan was for about £14k and with ppi etc it was over £19k)

 

This looks definitely like a multiple agreeement, one part used to pay an existing debt, which they kept (restricted use) and the £5k to me (any use)

 

So £10k of this was kept from me to pay off the previous loan and no mention of this on the agreement.

 

I have also just found the bank statement to prove only £5k was given to me!!

 

agreement here p1....>CCA's and Dave against the world !!! - The Consumer Forums

 

 

what do you think ??

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 3 weeks later...

Hi Dave,

 

I came across your thread yesterday, I am trying to find anyone who has had any success getting ppi (disguised as 'Payment breakplan') with Monument refunded.

 

I see at the beginning of this thread that you have had a similar reply card, like a lot of others.

 

I spent a lot of time reading the thread but haven't established where you are with this one, unless it is the same one that went back to Barclays.

 

I may have missed it, would you be kind enough to give me an update please?

 

Hope you don't mind me asking. :)

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Hi Dave,

 

I came across your thread yesterday, I am trying to find anyone who has had any success getting ppi (disguised as 'Payment breakplan') with Monument refunded.

 

I see at the beginning of this thread that you have had a similar reply card, like a lot of others.

 

I spent a lot of time reading the thread but haven't established where you are with this one, unless it is the same one that went back to Barclays.

 

I may have missed it, would you be kind enough to give me an update please?

 

Hope you don't mind me asking. :)

 

yes I managed to get it refunded.....there is no tick box for the ppi (payment break plan) and they said I agreed to it on the phone.......they had no recording of the conversation......I didnt expect them to have one either, because i never agreed to it.

 

was yours originally with Providian?

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi Dave,

 

Thanks for your reply, yes it was originally with Providian. I have just posted on my thread with the letter I am planning to send to them. If you have time to look, I would appreciate any feedback.

 

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/239332-monument-cca.html

 

Thank you. :)

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I also had one with Providian that became Monument and then Barclaycard...

 

It also has PBP on..

 

Barclaycared must be in for as slamming on the PPI which they fob off as Payment Break Plan..

 

They cant even provide an agreement for me...

 

Hope the FSA etc get into this and fine them millions.....:-)

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Hi Questioner,

 

I was pointed to your BC thread when I first started my Monument one, I did read it but hadn't realised it was originally with Monument. (unless I missed it).

 

I am just hoping for some feedback on the letter I have put on my thread, which I am planning to send.

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  • 2 weeks later...
Hi guys....

 

with regard to the BC Charges and my objection to a portion of the claim being struck out because its over 6 years, the judge has asked for a hearing on 16 March (30 minutes).....Cant wait !!!

 

Its not for a great deal of money, but its the principle and it will give me some more experience of a courtroom.....(this time as claimant :) )

 

rgds

 

Dave

 

In court tomorrow.........

 

I'm taking everything......(just in case)....got a feeling the judge might not let it go any further and pass a summary judgment :)....or the solicitor might just call it a day when he/she sees my bundle..........I hope

 

fingers crossed

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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good luck dave ,lets hope you get a result

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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