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    • But did you request documents as per your response to their PAP ?
    • Hello fellow Gaggers.   I did what you all suggested and asked for my CCA from all the Companies/DCA’s involved. These were sent by first class to sign for on 6 June 2022. They all received and signed for these letters on either 7 or 8 June 2022.   None have come back with a signed by me CCA or relevant documents. Here are the replies I received are as follows:   BPO Collections, received a reply on 17 June with their letter dated 14 June, no CCA received by 27 June.   Dear ***** Please find your postal order for £1. Unfortunately, we are not able to accept this as we don’t charge for this. I have requested all the information you have asked for, once our client has responded we will send this over. Yours Sincerely, John McNamee.   Cabot Financial, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.   Dear ***** Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update, (their 12 days regarding an update is today 4 July, no post from them has been received).   You still have an outstanding balance of £****.** and you currently do not have a plan in place with us. We would like to discuss the available options with you and find you an affordable solution for this account. Yours Sincerely, Stephen Shaw.     NCO Europe, received a reply on 13 June their letter dated 8 June, no CCA received by 27 June.   Dear Sir/Madam (can’t even get my gender right). Thank you for your request and payment for a copy of your CCA which we received today and have forwarded to your creditor. Your creditor has advised us that they no longer require payment for this (postal order for £1.00), therefore we are returning it to you. You will receive the CCA in due course If you have any queries blah blah blah……………… Yours Sincerely, Joanne Perry.   PRA Group, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.   Dear ***** I am in receipt of your letter in relation to the above (request for my CCA) and have requested the required information. Until this is received, I have placed your account on hold which will cease any further collections activity until further notice. PRA Group UK Ltd do not charge any fee to carry out this request, I am therefore returning this payment (postal order for £1.00) to you. We will contact you to provide an update as soon as possible but if you have any questions, please contact us blah blah blah……………………………… Yours sincerely, Carissa Rae.   Idem Servicing, received a reply on 18 June with their letter dated 16 June, no CCA received by 27 June.   Dear ***** Thank you for your request pursuant to sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we are unable to supply a copy of the credit agreement at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request.   The balance of your account is still outstanding and we will continue to pursue this debt which will include any arrears and defaults with the credit reference agencies. We can confirm the balance of your account of £****.** remains due and payable and we will continue to contact you to discuss repayment proposals. In the meantime, we attach a statement of account detailing the transaction history. You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement. Yours sincerely, Rebecca Harper.   Rather than scan and post the letters I have received from the DCA’s I have typed out the main points of each reply I received. All have failed to send me a true, signed by me, with attached terms and conditions (at the time of signing) a valid Consumer Credit Agreement. Most of each letter seems to contain bluff and bluster, and veiled threats. One note of concern, would any of this come to bite me in the rear end, should I fail to pay them any more money, with regard to the credit reference agencies? I await your more knowledgeable responses.   Allets.
    • Well done. Different shops have different staff.  For customer service in future look at sainsburys. I know the CEO is the same. 
    • Hiya, just to update you, they've now posted another enforcement notice - with a deadline of next week before action - to my new address. Presumably found that via the court document? I've not had any acknowledgement from the court of my new N245.    I need to check whether the deposit that was in dispute is still sitting with mydeposits so I will dig out the paperwork this week.  Also wondering whether it is worth going for an IVA if the court don't agree to my recent offer.   Meanwhile, if they turn up I will talk to them through the door.    
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Well sent prelim to ge money for charges on a car loan totalling £450 approx they have sent letter back to me saying i cant claim as auto finance is not covered by the oft ruling. I was under the illusion i could claim back the charges.Any idea anyone?:o

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  • 3 weeks later...

It makes no difference whether they are covered by the ruling. Idf you read the OFT report only credit cards are required to comply but banks, mortgages and other lenders are suggested. I think you ned to read the OFT report if you havent already and fully understand the procerss and the facts behind it

 

good luck

All advice is based on my experiences. I am NOT qualified and as such cannot be held responsible for any mistakes. If in doubt...get professional help.

If you like what i have said then make me a star!!

Some helpful links

I have been successful in many cases..here are links to some

Housing Act and deposits: http://www.consumeractiongroup.co.uk/forum/showthread.php?266260-Deposit-being-withheld.-Please-advise&highlight=

Against Natwest: http://www.consumeractiongroup.co.uk/forum/showthread.php?278646-N-west-v-Mrsfoot-s-Son.-***WON_ALL-CHARGES-REFUNDED***&highlight=

Against Swift Advances: http://www.consumeractiongroup.co.uk/forum/showthread.php?46576-Me-V-Swift&highlight=

Against B&Q: http://www.consumeractiongroup.co.uk/forum/showthread.php?172878-Me-vs-B-amp-Q&highlight=

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ok so what you mean is they are trying to fob me off?

 

YES They are trying to fob you off.. Carry on with the next stage of your claim.

Good Luck

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Sowerby,

 

I'm chasing GE for £650, they've done exactly the same with me.

 

Don't be put off!

 

I've just settled in full what they claim is due and the moment I receive the letter I've requesting detailing all charges over the life of the agreement, my MCOL summons will be issued!

 

I shall also be issuing DPA proceedings if they've messed up my credit file.

 

Charlie

Charlie

 

Won so far....

Lloyds Bank - £8500

Lloyds Mastercard - £800

Egg - £1500

Cahoot - £1500

HFC - £180

GE Money - £600

Midshires - £1100

Friends, family & neighbours I've helped - £5000+!!

 

Currently working on...

 

Charges:

Lloyds (again) £2200

CCA:

Lloyds (yawn) & Egg

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Unless they produce evidence that the charges they applied to your account are a true representation of the loss / Cost to them, then it is simple .. It is a penalty charge and we all know that penalty charges are unlawfull under Common LAW.

 

The Law is there for the for your protection. Let them stand up in court and prove that their Penalty Charge are fair, Make them disclose the true cost , but of course for commercial reasons they will not have the balls to do that.

 

Good Luck

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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  • 2 weeks later...

Well I phoned them up to see if they would settle and got a no way so going to have to take them to court. They adamently say that auto finance and loans is not covered by oft ruling and i will not get any money/

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As reidnet says, it's about the lawfulness of penalty charges for breach of contract. The OFT ruling is completely irrelevant - I wouldn't even mention it myself - it just confuses the issue.

 

The case is very simple:

1. You breached your loan agreement by making payments late

2. As a result they put charges on your account

3. These charges are far more than they actually lost as a result of your breach of your agreement

4. Therefore the charges are penalties and are unlawfaul at common law.

 

People put in the OFT statements as 'evidence' for item 3. You can use the UTCCR1999 as well. And you need to marshall other evidence which can be found here http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html although you may need to modify a bit for this claim.

 

What you could do with getting hold of is a copy of the loan agreement to demonstrate item 1 - this is where some cases have fallen down.

 

Have a read of the thread in the link above and, if you haven't got a copy of the loan agreement, try and get one fomr GE (website or write to them) and we'll take it from there.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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