finlander takes on the world as well as dave

[finlander]

I have just written the letters to the four CC's who are in default.. all got much the same letter being this...

 

 

Dear Sir,

Re ; CARD NUMBER xxxxxxxxxxxxxxxxxxx

 

As you should now be aware your company has refused to send me any copy of my original signed agreement. Your lack of production of this document means you have either breached the Data Protection Act by not supplying all information held about this account or you do not have a signed credit agreement as required by the CCA. Either way your company has now committed an offence.

I have referred this matter to the trading standards office, The Data Commissioner and the FOS with a view to having your company prosecuted.

As I previously stated I only wish to communicate with you through written correspondence and any calls are now being logged. Please delete all numbers on your systems recorded as contact numbers for me.

I shall immediately commence civil proceedings against your company to have any defaults registered against me with CRA’s removed, the alleged debt ruled unenforceable and damages against you for defamation of character. I would be interested to see how you could prove any breach of agreement when you have no such enforcable signed copy. If you do produce one in court you could then explain to the judge why you have failed to supply a copy to me.

I do not expect any further communication from you until I have a copy of an original enforceable consumer credit act agreement signed by me.

Until then I acknowledge no debt to your company.

I remind you that you are in now in default and any interest and penalty charges that are added to this account during this period will be void .

I am prepared to make one offer in order to settle this account.

In order to avoid further upset to my family I am prepared to drop my action against your company if your company agrees to clear the alleged outstanding balance against this account and remove all defaults or adverse entries on my credit record.

In order to bring closure on this matter I am willing to offer 10% of the alleged outstanding balance as FULL AND FINAL SETTLEMENT.

This offer is made once only and will be valid for 20 days from the date of this letter and is without prejudice.

Please find attached a copy of my letter dated the 13TH August 2007.

Yours truly,

so lets see what happens..... kinda hoping they all refuse...I do love a fight

[linz2011]

subscribing

 

Good luck

[finlander]

Update....................

 

Morgan Stanley Have Just Sent A Letter Saying £7800 Credit Card Debt Written Off!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

0ne Down Three To Go!!!!!

[ODC]

Frame the letter. Well done.

[Curlyben]

[linz2011]

Congratulations!!!

[dave]

Update....................

 

Morgan Stanley Have Just Sent A Letter Saying £7800 Credit Card Debt Written Off!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

0ne Down Three To Go!!!!!

 

Excellent. My fist automatically punched the air when I read that!!

 

;-)

[robcag]

Morgan Stanley Have Just Sent A Letter Saying £7800 Credit Card Debt Written Off!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Excellent result, well done!

Just what we need to encourage us all, although I think there are a few on here who don't need any encouragement!

 

 

Rob

[finlander]

another development,

 

Barclaycard have just written to me , well my wife, saying despite the fact the case has been stayed (devious s*@s) they are offering us £895 charges back (which is all the charges plus 8%)

 

Now the thing is.......... do I say yes.... they have said it is in settlement of the charges case and made no reference to the CCA aspect I raised........

 

So could I technically say yes please...trouser the cash and the say ..swing for the £1500 balance as you have no cca... regardless if I take the charges money surely the balance on the card still remains unenforcable with no cca? after all I'm not acknowledging the debt just taking back the never should have been taken unlawfull charges?.... advice please

[davefirewalker]

Hi finlander.....

 

Sorry havent been around much.........sort of went off on one for a while

 

just reading this thread again.....well done with the Morgan stanley...they have just passed me onto HFO services (they think). BUT I have plans for them.

 

if you havent already I would accept the cash....and tel em go do one

 

but I gues you already have as that was 3 weeks ago

 

anyway good luck

 

rgds

 

Dave

[finlander]

ok..lifes getting a bit more interesting .... £950 from barclay card banked... I am now about to take them..for one barclaycard and one monument card.. alliance and leicester(mbna) and the royal bank of scotland to court. All three have threatened to default the accounts in the next few days and I believe barclaycard have registerd a default against the account already. My wife left all her cash at home the other day when on a buisness trip so needed to ask the our new bank (first direct, quite good actually!!!!) to extend her small overdraft by 50quid. they said no beacuse she had 3 deafults against her name registered in the last three months!!! (its her barclaycard account and the only dispute she has). luckly after she explained the situation they agreed to help(told you quite good!!) anyway..the reason I am now taking them all to court is very interesting. I have a friend who works at channel 4 and she passed my name onto one of their researchers. They are interested in my situation and the breach of the law, intimidation and 'all boys together lets treat the CRA's as our personal blacklist and s*d the little guy' attitude of these naughty people. Anyway the researcher popped round the finlander castle...we had a long chat and I showed her the letters , tape recordings from dca's and banks etc and they are very interested. It seems that with the OFT case, the credit crunch, the egg cancellation and all the bad press that they think it might be worth a good run. Anyway. I have been asked to give the bad guys one more chance to cancel the outstanding balance and to inform them that channel 4 are taking an interest in order that they have a chance to 'admit a genuine mistake and make amends'. Fat chance they will. But I am going to write to them giving them 28days to cancel the accounts and remove all entries on CRA's records or we are off to court and the BAFTA's .It should be quite a laugh as I have three application forms(one of them laughably called 'a consumer application credit form' by barclaycard) , and nothing from monument at all!!... (but prob loads of defaults.

 

I am going to go for it as I can see this dragging on for ages and quite frankly I'm tired of their games...the pass the parcel with DCA's so no-one takes any blame but the aggro keeps up on the small guy. So with any luck I may be on telly soon. Watch this space.........

[robcag]

Good luck with the Channel 4 thing finlander, that sounds very interesting. Let's hope they decide to go ahead and that their program opens another can of worms

 

IMHO all this stuff about the shortcomings of the various agencies could be made into a mini-series if it were to be investigated properly!

 

Rob

[Alex_DeLarge]

Sounds very interesting, hope Ch4 go ahead and make the programme.

[finlander]

update...SAR sent to equifax and experian for both my and my wifes files.... lets see what the naught defaulting companies have been saying about us and get the ammo ready for court....

[finlander]

OK update,

 

Experian have written back saying they have my request and the £10. However they have asked me and the missus to fill out 'application forms' for our SAR access. Now this is slightly strange as they seem to ask everything about your current life and past life????? for example;

 

'have you or are you a company director?'

 

have you ever made a claim from experian in the past?'

 

'If you want copies of emails please stipulate who would have sent them' !!!

 

Am I right you think to write a letter telling them to get lost as they all ready have our requests with our date of birth ,current and previous addresses and thats all they should need?

[ODC]

As far as I am aware you do NOT have to give them all that information. Its fairly obvious what would happen to such information. Their good buddies in the DCAs would somehow get a hold of it.

[finlander]

sending this back to equifax......

 

 

Dear Ms McHugh,

We are today in receipt of your application for access to our personal records under the Data Protection Act.

I have to tell you that we have no intention of answering any of the questions within this application as according to legal advise we have received the information you request has no relevance to our enquiry. If fact it seems to be a thinly veiled attempt to extract more personal information from myself and my wife, which will then be placed on your systems. Likewise we do not intend to sign any form as we have no way of knowing what use will be made of the ‘scanned’ signature you obtain.

I find some of the questions asked in your form very disturbing. What interest is it of your company if I have ever been a sole trader? Why do you wish to know if I have ever made a complaint about you? How do any of these things have any bearing on our legal request?

This request has been made because we are currently in serious dispute with four financial institutions and have been since June last year. These institutions are;

Ø Barclays Bank (Monument and Barclaycard)

Ø Royal Bank of Scotland

Ø Alliance and Leicester (MBNA)

Ø Morgan Stanley Dean Witter.

Each one of these institutions has failed to supply any legal credit agreement under the CCA 1974 and has been ordered to cease processing our data. However it has recently been drawn to my attention that your company is continuing to process this information regardless of this demand.

It is your companies responsibility to ensure that all the information you hold is accurate. It is not an excuse for you to claim you were processing inaccurate entries in the belief that those who supply it were acting in good faith. It is up to your company to check that what they say is accurate or remove that information.

According to my legal advise all the credit agreements supplied to me by the 4 institutions above are unenforceable under the CCA1974 and, therefore not credit agreements at all but application forms. So any defaults under the CCA 1974 must by definition be inaccurate.

It is our intention to commence legal proceedings against these institutions in the next 20 days for compensation for any misleading information and defaults placed on our credit files.

If I do not receive notice from yourselves stating you have removed any adverse entries from these organisations by this time then I shall be name Equifax as a co-defendant in these actions.

In the meantime I expect a full reply to my SAR and shall still be keeping you to the 40-day timescale from my last letter.

I have forwarded a copy of your ‘application form’ to the Information commissioner’s office with a formal complaint

Yours truly

Might as well get ready to n1 them as well...........

[humbleman]

Way to go

[finlander]

ok ,

 

quick update..... our credit reports arrived from experian yeaterday... my wife has two defaults

 

barclaycard.... already refunded penalty charges and havnt supplied a cca.

abbey national... joint account under dispute and subject to court claim (currently stayed)

 

I have defaults from

 

rbs

mbna (alliance and liec) both have supplied unenforcable CCA's....

 

so the fun starts now....

 

 

this letter is being sent today... first legal action will be on...enee meenee minee moww ........MBNA...then RBS... abbey and barclays already have stayed claims so I shall be amending the particulars on them... the letter has been slightly changed for Abbey as that is a current account....

 

 

 

 

Dear Sir/Madam,

With reference to the above account, I have recently applied for a Subject Access Request from the credit reference agencies Experian and Equifax.

On receiving my data I have noticed, as I had suspected, that your company has registered a default against my name for the above account. This is despite the account being in serious dispute since I requested a copy of my Consumer Credit Act Agreement back in July 2007

On countless occasions I have warned your company that any attempt to enforce the legally unenforceable document you sent me would result in immediate legal action by myself. It appears you have chosen to ignore this warning and attempt to enforce anyway.

It is now my intention to commence legal action against your company.

My action will request the following judgment from the court;

• That any alleged debt is ruled ‘unenforceable by law’ due to the lack of all prescribed terms on the alleged Consumer Credit Act agreement.
  
• Return of all interest paid on the account since it was first opened as already held by the court of appeal.
  
• All defaults removed.
  
• Compensation as stated inKpohraror v Woolwich Building Society
  [1996] 4 All ER 119 in which damages were awarded at the amount defaulted (original balance) plus £1000

I also intend to lodge an immediate complaint with the information commissioner’s office.

As stated in my previous letter I have grown tired of this attempt at intimidation and enforcement by your company and I am glad to a certain extent that this matter is at last coming to a head.

Your company has 14 days from receipt of this letter to remove all adverse entries on my credit file and make meaningful proposals to clear the alleged debt or I will commence legal action immediately along the above lines. I will treat any letter sent by you in reply to this matter as your final response

We look forward to hearing from you.

Yours faithfully

well thats it so far folks... will keep you updated... 8)

[Us versus Debt]

subscribing

[finlander]

Its all gone very very very quiet.... no phone calls ... no letters ...no nothing.... If only they would now realise that all they have to do is write of the debt and remove any defaults and all this pain could be over....

 

Well pain and expense...for them anyway....

 

no replys and planned N1 day is 21st April... MBNA!

 

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

[finlander]

Well...its firstplus time. I shall start another thread in the PPI claims but after my SAR request I found that I diid have PPI on my paid of first plus loan...

 

sent them this back...

 

Dear Sir/Madam,

RE ; AGREEMENT NO- xxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

I am writing to request that the Payment Protection Insurance sold at the time the above loan was taken out is refunded in full to me, and that interest, which has accrued to date, be similarly refunded. The amount of the insurance amounts to £5979.00p, the interest owed to date amounts to £ 1488.72p. This is based on this policy being miss-sold and the standard interest rate of 8% charged by the county court.

 

The total I wish refunded is £7467.72p

 

My reasons for reclaiming are:

1.At no time was I told that PPI could be purchased elsewhere to cover the loan

 

2. It was not made clear that the insurance was only valid for the first five years of the loan - in fact the first time this became apparent was on receipt of the information requested about the account under the Data Protection Act.

 

3. I was led to believe that Payment Protection Insurance was compulsory and indeed was misled into thinking that I would stand more chance of getting the loan if I took the Payment Protection Insurance

 

4. It was not explained to me that there were certain exclusions within the policy that could affect me.

5. The Payment Protection Insurance was added to the loan balance at the outset and at no time was it explained that there were PPI policies where one could pay monthly for substantially lower premiums and which would cover my clients for the whole term of the loan.

 

6. The terms & conditions of the insurance were not fully explained

7. At the time of taking out the insurance I already had in force, and had for a number of years, a insurance policy from my work to cover me against, accident, illness or death. The agent selling the insurance made no enquiries into this.

8. The agent told me that the insurance policy was in fact a very good way of saving, as half the premium would be refunded in five years. He did not explain that this was the term of the insurance. He did not explain that the entire premium was added to the loan and that no refund would be available if settled early.

I believe that this policy was miss-sold. I require you to make all necessary investigations into this matter and would request the above sum is refunded to me immediately.

The above amount does not include interest paid to your company on the insurance premium whilst the loan was running. If it becomes necessary to take this matter further these sums will also be reclaimed increasing your liability. As a matter of goodwill I am not requesting them at this time.

I notice as well that within my subject access request I asked for all transcripts of phone calls. These have not been provided. If these do in fact exist and I find that they have been withheld I shall of course be complaining to the Data Commissioners office.

I would be grateful if you could respond quickly to this complaint and when you do, if your answer is in the negative, can you clearly state that is your final response.

This will then allow me to pass the complaint on quickly to the Financial ombudsman.

Please respond within 6 weeks of receipt of this letter.

I reserve the right to commence legal action at anytime to recover the above monies.

Yours truly,

Got a reply back saying that they are looking into it...watch this space..

[finlander]

OK everyone a quick update. Everything has gone very quiet but today I received a phone call from a nice man at Link fininacial. No seriously he was quite nice. He told me that MBNA have passed the debt onto them and have given their side of the story to Link via a letter. He siad he wanted to hear my side. I told I couldn't be bothered to go through it all again and he was quite persistant. In the end I siad that his company had been sold a pup and that this card had no CCA with it. He said he had an application/cca in front of him. I explained that it had none of the prescribed terms and that I was going to take MBNA to court over the defualt registered against me. He said, and I quote ' anything that has consumer credit act written on it is a credit agrement' ???????????????? 'On really' i says... 'what about the prescribed terms?'.. silence.... 'what about the application form header written all over it?????'.. silence.... 'ok' says the nice man..... he then explains that Link is the independant arbitrator for this matter????

I asked 'are you a legal firm?' answer 'no' ... have you bought the debt? answer 'yes' .. 'well' I said ' you dont sound very independant then do you?' He then says he will ask MBNA for another copy of the CCA and it may take six weeks (what he hopes that will achieve he only knows). He then asks can he call me when he has seen what come back? Now I said 'yes' .

 

Now before you all shout at me about talking on the phone I did that for a reason. Onthebrink.. our DCA insider says that if you speak to a team leader... which this guy said he was... keep on his good side as he actually has the power to do something about the account. The young man seemed quite reasonable and polite ..apart from talking tripe... so what harm can it do to keep on his good side.

 

I had a letter from Link saying they had aquired the account so I think I may put the cat amount the pigeons by sending them a CCA and asking for a copy of the Deed of assignment. Just to hurry things up a touch...

 

all the others are still being silent and moody....

 

In preperation for my upcoming struggle with the nice 'independent.. trust us we are on your side.. quick someone grab his wallet' people at LINK has anyone got any info on them...

 

methods, tactics etc....

[miss muppet]

Well done finlander, you're a real inspiration. All gone quiet at our end too, my theory is that they are furiously typing letters to send out to all of us to spoil our bank holiday! Glad to say don't have any experience of Link - so far!

[ODC]

If Mr Nice Guy from Link is a Team Leader he seems very ill informed about the Consumer Credit Act 1974:rolleyes: