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    • Wow so just spoke to Nationwide. You'll like this one.    Stated that I was calling due to concerns over previous conversations that day and to check the status of my claim.    Was on and off hold a lot and the rep was very cagey, speaking to manager etc. She tells me that there are two DDI claims on my account, for dates and amounts that are completely different to what I asked for.    I asked her to read the notes from my previous calls. She goes on hold again and comes back to day she will send me all notes, correspondence etc. from my calls. I ask for it via email and am told that I will receive this in 28 days (!!)    I ask if we can go through the documents over the phone. No call notes (they'll be on the DDI forms I'm told). Okay, next I ask for dates and amounts. I load up my PayPal activity to cross check and the first claim was for 'send to friends and family' payments made by visa. The second claim was also for visa transactions. In fact PayPal didn't take a single DD from my bank account for the whole time that I have used them, until the start of May.    So those fraudulent claims are cancelled a little while after.    I ask for my actual claim to be raised. More hold music. We can't do it right now due to the volume of transactions. You'll have to wait two days for your statement as we can't load the transactions.    I escalate the matter to her manager so I can make a complaint. Manager takes details, asks some questions. Asks why fraud team aren't involved, is it fraud. I say it was the fraud team that I called this morning I thought they raised the claims. She calls them to 'check why they aren't involved, maybe because its DD'. Comes back saying there's a lot of transactions, lots of gambling.   Okay I say, point still stands that I want to claim a full and immediate refund, which I am entitled to do.    She gives me an email address to put all of this in writing, which I'd asked for previously. Asks me not to do so until the complaints team speak to me by Tuesday, as it will duplicate.    She goes to end the call and I'm like, so what about my claim? She responds while clearly looking at my account and says that she can see a claim was raised earlier today...    Flabbergasted, I go to remind her that yes, that's why I'm complaining and... Half way through my sentence the phone cuts out. The time is 19.58 and her office closes at 20.00...   Try to call back, she's gone for the day and will call me tomorrow.    So so so poor.    Pierre
    • Oh and also - If you are shorthanded by TSB then you can put a LBA together - This could be interesting...
    • This will be a long slog Document everything - Go into branch tomorrow - If they tell you have an Outstanding Balance and cant release funds etc then you document that too.   Put a FOS Complaint together. You can then get the information from the FOS to see what they did in their investigation @ TSB. You should not have a debt outstanding to TSB but i fear that a CIFAS marker might be acoming.  I would ask TSB to register you on CIFAS as you are a victim of Fraud in this circumstance and NOT a perpetrator. 
    • But get a free proof of posting, as it will be deemed delivered after 3 - 5 second class days
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
Fred Bassett

CCCS Won't stop payments - HELP!!!

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Good evening.

 

I'm in a catch 22 situation with 3 creditors and 4 accounts. BOS/Blair Oliver & Scott, Egg/Credit Solutions (x2) and MBNA - all of them regarding CCA requests.

 

BOS can't find the agreement and probably won't be able to. MBNA have provided something that is clearly unenforceable and Egg/CSL have not replied to me at all. MBNA and Egg/CSL are now in criminal default and BOS probably soon will be.

 

The problem I have is that my debts are being managed by a debt management plan through the CCCS and they won't stop payments to the creditors unless I can give them something from a solicitor to prove that these debts are unenforceable. I can't afford a solicitor - I've signed up to the Which legal service but the Ts & Cs say they won't put anything in writing. I can't put any pressure on these creditors if I don't stop the payment.

 

Does anyone have any suggestions?

 

I don't want to pull out of my DMP and I don't want an argument with the CCCS, but it's frustrating because at least 1 person in the CCCS has told me that this sort of thing happens all the time and they're quite happy to do this, but the person I'm dealing with, and she checked with her supervisor, won't allow this to happen.

 

Are there any no-win, no-fee solicitors who would take this kind of thing on?

 

AAAARRRRGGGGHHHH!!!!

 

Cheers.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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When I was using the CCCS (long time ago!) I found things a little inflexible after all the fantastic advise was dispensed so opted to create my own DMP using the budget sheets provided by CCCS and stood my ground hard with creditors who all eventually agreed to the budget provided and it's only the last 6 months since finding this fantastic site that i've started questioning things much more.

 

If you're finding things inflexible, the tricky parts done, and whilst it's hats off to the CCCS for the great work they do this obviously isn't working for you any more. Would it be that difficult to take this on yourself now and stick to it too?

 

Maybe CCCS_Matthew could comment further?

 

Whatever you decide, good luck & best wishes.

 

Regards, Dave.


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Thanks Dave, I have considered this but I really do find the CCCS a godsend and I have to do everything in agreement with my Wife too. She's nervous enough about all this anyway, so I can't put her through any more hassle.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Payplan are more flexible (and work along the same "no charge" system as CCCS) - I just emailed and asked them to remove the creditors from my (long) list. They did so without any questions


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Thanks Jaxads. To be honest, I'm thinking of setting out my thoughts to CCCS in a long letter so that they can see what the problem is. I simply can't believe that they haven't come across this before - or reacted to it.

 

I'll just have to see where it takes me. I'm in a position now where I could even make a complaint to the police against Egg/CSA because they've committed a criminal offence, but I'm not sure if this will make any difference.

 

A lot of thinking is required.

 

Thanks.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi Fred,

 

I suggest you contact dpick. He is with CCCS and they went along with his stopping payments plan. I wonder if he might be able to get his contact there to speak to your contact - surely worth a try!

 

I think you must pursue this, also my view is that advice and method should be standard and across the board, therefore, I would take this line with your contact and her supervisor.

 

Good luck!

 

Regards,

 

Corn x:)


CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Thanks Corny, I'm sure that there are people in the CCCS who are advising this, while others are not.

 

I'll do what you suggested and I think I'll also pm CCCS Matthew.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Have you considered getting Trading Standards opinion on the validity of the agreements and the legal position if no agreement produced??

Edited by Josie8

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Josie,

 

That's a thought, but I'm not too impressed with my local trading standards. I have given serious thought to reporting the matter to the police as a criminal offence, but I'm not sure this would make much difference.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Well Fred I think it might be an idea to email Trading standards and ask what the legal position is with regards to non production of CCA to a request under s.78 . They will have to give you a straight answer to that one.

 

Then in a seperate email query the agreements produced and ask for their opinion on the legality. Ask them to specify if they comply with CCA act how they do...............

 

If you don't get an answer you like (& lets be straight some of the TS's are a bit dozy) then you haven't lost anything because you don't have to show the reply to CCCS. On the other hand if you get an naswer you like........:)


You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Good point Josie, many thanks for your help. I'll let you know how I get on.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I read in another post ( cannot seem to find it) where CCCS got stroppy with someone for doing a CCA request and frowned upon it.

I cannot understand this attitude if it is true as it is only applying the laws of the land.

Councils, courts, and DCAs etc have no compunction whatsoever in employing whatever laws are to hand to extort money from us so why the objections when the tables are turned.


Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Hi Fred, I've just sent you a PM

 

Regards,

CCCS


We aim to advise you on practical ways to deal with your finances and to understand priority & non-priority debts. We can also help you to cope with these in a realistic and sustainable way and help you understand the likely actions of your creditors including any legal action during this process.

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Hi Fred, I've just sent you a PM

 

Regards,

CCCS

 

Many thanks for your help.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi, I am with CCCS and I was just wondering what you meant by unenforcable?


LisaDJ & partner vs HSBC - partial refund £522 of £700.

 

LisaDJ & partner vs HSBC - partial refund £250 of £367 (Oct 06-Jan 07) - account being closed by HSBC :rolleyes:

 

LisaDJ vs HSBC - claiming £1550 up to Sept 06 - result coming soon.

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Hi, I am with CCCS and I was just wondering what you meant by unenforcable?

 

If any of your creditors cannot produce a 'true' copy of the executed agreement ( ie the agreement you would have originally signed when taking out a loan, card etc ) then under Consumer Credit Act rules the debt is totally unenforceable ( although this has recently changed it's not backdated ). This doesn't mean the debt is written off or that you don't owe the money ( unless you have a genuine dispute ) it does mean that your creditors cannot enforce the debt via the county court.

 

Hope this clears it up! CCCS are very good and offer an excellent free service but they are geared towards providing free DMPs for people struggling to meet their usual payments. They are not really set up to deal with issues of enforceability as it's not really what they focus on ( CCCS Matthew please correct me if this is wrong! ).

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Ok thanks :) Was wondering whether it was something worth looking into. Our DMP is likely to last another 18 months and have mbna, egg and capital one cards on there. I think some of them might have been passed on to DCAs though.


LisaDJ & partner vs HSBC - partial refund £522 of £700.

 

LisaDJ & partner vs HSBC - partial refund £250 of £367 (Oct 06-Jan 07) - account being closed by HSBC :rolleyes:

 

LisaDJ vs HSBC - claiming £1550 up to Sept 06 - result coming soon.

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Ok thanks :) Was wondering whether it was something worth looking into. Our DMP is likely to last another 18 months and have mbna, egg and capital one cards on there. I think some of them might have been passed on to DCAs though.

 

The CCA regs are the same whether it's been passed on or not so the DCA issue wouldn't make a difference. I suppose in your situation ( with a short DMP by most standards ) you need to weigh up whether you feel that you do owe the money so feel you should pay it back or whether there is some kind of dispute on balances etc that makes you feel you want to challenge it. Remember if any of your creditors have levied potentially illegal charges for late payments etc you could still go the route of reclaiming them. I would be inclined to pursue this after the DMP is all done & dusted to be honest but it is up to you.

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Thanks, I never had any problems with late payments or anything until my partner left his job which is what prompted us to seek help from CCCS in the first place. I don't dispute that I owe the money...


LisaDJ & partner vs HSBC - partial refund £522 of £700.

 

LisaDJ & partner vs HSBC - partial refund £250 of £367 (Oct 06-Jan 07) - account being closed by HSBC :rolleyes:

 

LisaDJ vs HSBC - claiming £1550 up to Sept 06 - result coming soon.

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