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birchave v Goldfish No credit agreement (yet!)


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Sorted! :D

 

You dont need a template, just tell them all what TS told you say, that under advice from Trading Standards, you are writing to remind them they are in breach of their legal duties under the CCA s.78 and that they have 14 to respond to this letter.

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Sorted! :D

 

You dont need a template, just tell them all what TS told you say, that under advice from Trading Standards, you are writing to remind them they are in breach of their legal duties under the CCA s.78 and that they have 14 to respond to this letter.

 

Thanks for the support, I will concoct a letter this afternoon

cheers

 

Birchave

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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I have tried (and failed!!!) to read this in one go!!!

But I do drop in from time to time and it'd been very interesting, I have not read though of many members who have had their debt rendered "unenforcable".

I understand that this should not be the purpose of a CCA request but surely in a lot of cases the debt has already been repaid and the outstanding balance made up of charges and high % compound/contractual interest rates.

 

The so called CCA sent to me by Goldfish is showing an APR of a staggering 21.9%!!!!! Is that the rate I agreed to in 2003???? Who knows?:?

 

Hi there, in response to your question that you have not heard of anyone having their debt rendered unenforcable, have you read this one. It's a dream we all have to get such a letter! :D

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/80248-tesco-visa-no-cca.html?highlight=tesco

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi there, in response to your question that you have not heard of anyone having their debt rendered unenforcable, have you read this one. It's a dream we all have to get such a letter! :D

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/80248-tesco-visa-no-cca.html?highlight=tesco

 

thanks for that, off for a read now......:)

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Hi there, in response to your question that you have not heard of anyone having their debt rendered unenforcable, have you read this one. It's a dream we all have to get such a letter! :D

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/80248-tesco-visa-no-cca.html?highlight=tesco

lucky so and so!!!

At least Tesco had the decency to admit they did not have the credit agreement, I think I'm just getting strung along by the goldfish lot.....

If they had it surely they would have sent it by now? Who knows.....

never mind letter going tomorrow:D

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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I have sent the following letter off today after my conversation with TS yesterday.

 

Miss Birchave

Tyne and Wear

 

30th May 2007

 

FAO Judith Milner

Customer Liaison Department

Goldfish

PO Box 3598

Glasgow

G68 9YG

 

Account Number xxxxxxxxxxxxxxxx

 

Dear Madam

 

Re: my request under the Consumer Credit Act 1974

 

Despite my previous correspondence with you, to date I have not received the requested information.

 

The matter has now been passed to trading standards and following advice from them I am writing to remind you that you are in breach of your legal duties under CCA s78.

 

You have been reported to the Office of Fair Trading for non compliance.

 

I also require you to return all monies taken from the account for both payment protection insurance, and the unlawful penalty charges you have applied including the interest they have accumulated.

 

You have 14 days to respond to this letter.

 

Yours faithfully

 

 

 

 

Miss Birchave

 

 

short but sweet and to the point, sitting tight again...............:rolleyes:

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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suprise, suprise, no copy of mircofish!! But they have sent a statement dated 22-6-07?????

 

I thought Newman's the DCA were dealing with this?????

Their letter stated Goldfish no longer wished to be contacted over payments for this account!

 

Or do Newman's realise that Goldfish don't have an agreement to produce and now they don't want to be involved.......might get their fingers burnt...

 

Strange thing was on the bottom of the statement, "account seriously overdue, you must make a payment or the account will be passed to DCA for payment" eh, I thought they had already done this.....

 

Very strange......

 

Only thing is my last letter was sent on 26-6-07 and went something like this....

 

hello goldfish

no agreement, no evidence of insurance policy please give me back ALL of the PPI payments plus interest and the charges applied to the account, lady at trading standards said you have to:)

 

Maybe they sent the statement before they got my letter.....

watch this space

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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nothing from goldfish............

nothing from Newmans.............

all quiet on the western front

My last letter was sent 26th June, 6th July today....

they are supposed to reply within 14 days, any advice anyone what to do if they don't????:confused:

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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nothing from anyone!!!!!:-?

the 14 days are up tomorrow for Goldfish to reply, anyone got any ideas what my next move should be???

Should I send them spreadsheets showing all of the PPI and charges and ask for them back???

Any help would be great

thanks

x

:-?

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Bu**er all from Goldfish, not a letter, not a phonecall, net even a call- centre call pressing me to make a payment!!!:confused:

 

I think today I will write to them just to state that because they have not responded within my timescale of 14 days I am now claiming back all my charges and PPI. If I do it in the form of a letter before action any judge will see how I have given them every oppurtunity to resolve this and they have just ignored my requests.

If I get no response with 7 days I will begin court action against them for the following

 

1. failure to comply with my S.A.R - (Subject Access Request) and CCA requests

2. failure to supply details of the PPI taken from the account

3. failure to return the charges applied to the account

 

Can anyone help me out on this one?

 

Any ideas for a letter anyone???:(

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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bump!!!!!!!!!

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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bump, bump, bump...........

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Anyone here????

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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No one here but us penguins! :)

 

As they havent complied with your CCA request, contact TS again and tell them. They can start enforcement proceedings if they want to.

 

As for your charges, just go ahead and claim by the tried and test CAG method

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As they have defaulted you, you can also demand that it be removed as the agreement is now only enforceable by order of a court.

 

(Default is the first stage of enforcement- no agreement- no enforcement)

 

There is lots of fun now to be had, unless they produce the full agreement they are unable to do anything.

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well I wrote this letter on Wednesday, I know a judge will look in favour on someone who has tried their very best to resolve problems out of court so this is the last letter I'm writing to Goldfish before I file a N1 form for non complience.

 

What do you think?? Suppose it's a bit late asking as it's already been posted!:rolleyes:

 

 

Miss birchave

 

FAO Judith Milner

Customer Liaison Department

Goldfish

PO Box 3598

Glasgow

G68 9YG

 

18th July 2007

 

Dear Madam

 

Account Number xxxxxxxx

Re: my request under the Consumer Credit Act 1974

 

I wrote to you on 26th June regarding the above, to date you have still not acknowledged, replied or indeed supplied the information requested.

 

I am now making a final request for the return of my Payment Protection Payments including the interest incurred.

I am also requesting you to return all of the charges applied to the account in full, plus the interest charged.

 

I understand that every opportunity to avoid court action must be taken. I feel that although I have tried every way to resolve this without resorting to legal action, Goldfish have failed to take their responsibilities seriously. Any court of law will take this into consideration.

 

As I informed you previously Trading Standards have been informed of the situation and the fact that you have failed to comply with both my Consumer Credit Agreement and Subject Access Requests. Therefore I act following advice given by them.

 

I have also forwarded to both the Office of Fair Trading and the Financial Ombudsman, copies of all the correspondence between Goldfish and myself, outlining the failures and underhand tactics used by you.

 

Any information about me or this account must not be shared with any third party; this in itself is an offence under the CCA act 1974. If any information has been passed on to any credit reference agencies I request you have it removed immediately

 

You have seven days to reply to this request before I begin legal action.

 

All monies returned to me must be in the form of a cheque made payable to miss birchave.

I include a schedule for both the PPI and charges.

 

Yours sincerely

 

 

 

 

Miss birchave

Enc

 

They should have received it by now, so lets see what happens.........

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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still nothing from goldfish......

no phonecall, no letter,

they have until thursday then I will fill in my N1 form:-D

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Goldfish = A waste of good oxygen.........................:-D

addabet!!! anything happening with you????

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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Apart from the ususal harrassing calls for payment...............nothing new to report.............:D

 

Im fed up with explaining the whole saga each time to someone different when they call so for the last few weeks haven't answered there call or explained that any correspondence needs to be done in writing....................but they don't seem to get the message.............:evil:

 

Was hoping to here from Zubo as to the relevant authorities i should report the to as there threatening me with a default and trying to pass my debt to DCA............:confused:

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well i haven't heard anything from them for weeks!!!!!! no calls, no nasty letters, no contact from Newmans the DCA, not a sausage!

My account stands at 8k at the moment, but I have worked out they owe me £1800 in PPI plus all the interest they have applied. i have come to the conclusion I have nothing to lose, if I don't hear anything by Thursday I am going to file a N1 form against them for the ppi and also report them to the Information Commissioners Office. I have reported Marbles today for the same thing, haven't heard a dickie from them either! They may be next for court action.

I've heard nothing from Z over this either here or you know where, can only assume he must be very busy, will let you know as soon as anything happens with the goldfish lot!

birchave:)

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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well nothing from Goldfish and their 7 days are up!!!

I have worked out what they owe me in ppi and charges

 

ppi comes to £1466.91 + £826.99 in interest plus account interest of £338.07 + con interest of £128.71

Grand total of £2760.68

 

charges come to £264.00 + £163.37 in interest plus account interest of £48.06 + con interest of £15.28

Grand total of £490.71

= £3,251.39

 

Is it better to go the N1 route or straight to MCOL??? Very new to this and could do with some advice.

So anyone please!:confused:

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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bump!!!!:confused:

also as I have been dealing with Goldfish in Glasgow would it be better to deal with Morgan Stanley (London) for court purposes???

But then again has goldfish now gone back to goldfish bank???

Very confusing, any help would be great please!!!:confused:

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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  • 1 month later...

just a quickie, success with goldfish!:-D

 

I no longer have a goldfish card

I no longer have any default entries on my credit file

My balance is now zero

and I got my PPI/charges back.

 

No more to say really, just keep plugging away, the last thing this lot want is to go to court, we didn't need to......:-D

9-1-07 S.A.R - (Subject Access Request) sent:o !! Lloyds and Halifax!

20-1-07 S.A.R - (Subject Access Request) sent Capital One

20-1-07 S.A.R - (Subject Access Request) sent Halifax Card Services

20-1-07 S.A.R - (Subject Access Request) sent Marbles

20-1-07 S.A.R - (Subject Access Request) sent Halifax (Birchave0's sis)

8-3-07 PPI refund Lloyds TSB Loan £1200 + £2900 off loan balance

22-5-07 Halifax *Won* £1025

23-9-07 Goldfish 8k balance written off, £2300 PPI + charges returned, no agreement

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