Chalkitup v DCA's

[palomino]

Stay with CCCS. That's what you have engaged them for.

 

Write to Lloyds and tell them they must deal with CCCS.

[PriorityOne]

Tell them to contact CCCS... but CCA them at the same time (by rec. delivery, etc).

[Chalkitup]

Thank you for your replies.

 

I will do as suggested and then start a new Chalkitup v Lloyds thread .... incidentally I have looked back through my Lloyds paperwork and notice that they have sent me two Default Notices (in early 2007) just over three weeks apart and for different amounts.

 

I have not checked but if they have put more than one default with the CRA's I will use that against them if the going gets tough in the future as patrickq1 did a while back using case law "Kpohraror vs Woolwich 1996".

 

Onwards and Upwards

 

Chalkitup

[PriorityOne]

They can't default the same account twice and you can pull them up over this in due course.

[Chalkitup]

Hello All,

 

I have started a new thread here ... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/152785-chalkitup-hfc-marbles-robinson.html#post1624260 showing my on going problems with HFC (Marbles) / Robinson Way.

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

Hello All,

 

I have started a new thread here ... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/153656-chalkitup-mbna-arrow-global.html#post1635024 showing my on going problems with MBNA / ARROW GLOBAL / CBS TRANSCOM.

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

Hello All,

 

Rather a lot going on at Chalkitup Towers this week ..... seven Formal Complaints started!!!

Had very interesting reply from one DCA already .... will update that thread tomorrow.

 

Plan to get my teeth into Nat West account tomorrow ... and just need a few pointers as this one is confusing me somewhat.

Nat West – overdraft – sole trader business account (I am going to tackle this one first and wait a while with the personal account overdraft one).

Sent S.A.R - (Subject Access Request) last August – Only received six years statement copies - sent loads of letters since demanding all the other stuff I should be sent - Is a S.A.R - (Subject Access Request) like a CCA when in dispute i.e. If in dispute they can not add interest or collect etc etc. (They are adding a hefty amount each month .... more than my CCCS DMP amount)

Plus I did CCA them at same time but they argue CCA not relevant for overdrafts. (Caggers say CCA is relevant but I am struggling to get to grips with this one). They have sent me a Termination Notice served under Section 76(1) and 98(1) of the Consumer Credit Act 1974 ...... So how can they say overdraft not covered by the Act?

 

Help appreciated please then I will get a Formal Complaint / Dispute letter off to them.

 

Onwards and Upwards

 

Chalkitup

[palomino]

Hello All,

 

 

Sent S.A.R - (Subject Access Request) last August – Only received six years statement copies - sent loads of letters since demanding all the other stuff I should be sent - Is a S.A.R - (Subject Access Request) like a CCA when in dispute i.e. If in dispute they can not add interest or collect etc etc. (They are adding a hefty amount each month .... more than my CCCS DMP amount)

Plus I did CCA them at same time but they argue CCA not relevant for overdrafts. (Caggers say CCA is relevant but I am struggling to get to grips with this one). They have sent me a Termination Notice served under Section 76(1) and 98(1) of the Consumer Credit Act 1974 ...... So how can they say overdraft not covered by the Act?

 

I'm not sure but I think that the Information Commissioner is the one who gets interested in breaches of the DPA (a SAR is made under the terms of the DPA). Pop over and ask them. I sure you know how to do this quite diplomatically but forcefully.

 

You say the account is business sole trader. As such I don't think it is covered by the CCA (Consumer Credit Act). If they're serving you a notice under the CCA then they obviously regard the account as a personal one.

What may be at issue is whether the overdraft is covered by the CCA. I think they're confused. Just keep on asking them the difficult questions.

 

Is this being handled by your branch or has it reached Telford? If it's still at the branch go and see your business manager there and put these questions to him directly.

[Chalkitup]

Oh Bless ...... Had a call from Moorcroft yesterday eve.

 

As I record all my calls on the computer and I am gathering as much evidence against DCA's as possible I answered it .............

 

Usual threats etc etc ...... but the Moorcroft chappy annoyed me by insisting that I said something that I did not in a call back in July when they phoned me ...... big mistake ..... quick as a flash I clicked on the telephone call he was talking about and played it to him ....... (still recording the present one of course) ...... oh bless ...... how silent it went when I asked him to confirm he still stood by his original claim regarding what I had said.

 

Infact I must have really thrown the poor chap because when I asked him to confirm his name at the end of the call he gave a different surname completely to the one he gave me at the beginning of the call. So either he did a quick deed poll name change during the call or he was perhaps fibbing to me!!!

 

All recorded!!!!!!

 

Onwards and Upwards

 

Chalkitup

[Brassed off]

Excellent (sounds like it's going to be a YouTube moment when this is all over )

 

This thread has been going for over a year However, it smells like a *WON* to me

[Chalkitup]

Hello Brassed off,

 

Yes it was a cracker of a call ...... so funny at the end when the chap gave a different name ... he he!!

 

But a very constructive call as well ..... afraid can not give too much detail here at present but ... Moorcroft agreed to something which I have been going on about for a year and I have it recorded.

 

Still early days I feel!!! But this Nat West / Moorcroft account is infact the main one I will have problems with but after yesterday's call I feel more at ease with the situation.

 

By the way ... thank you for the scales reputation click.

 

Onwards and Upwards

 

Chalkitup

[Hopeful1]

CIU - that is fantastic! You send like a bit of a techno wiz - recording one call and playing back another?? Woo! I wish i was that good.

 

This really is unfolding into something fab

[Chalkitup]

CIU - that is fantastic! You send like a bit of a techno wiz - recording one call and playing back another?? Woo! I wish i was that good.

 

This really is unfolding into something fab

 

 

Thank you Hopeful1 and all others who clicked my scales..... very kind.

 

I am glad you enjoyed the Moorcroft telephone call post ...... It is quite amazing what can be achieved with telephone recording software, computers and a telephone logger patch. He He .. the Moorcroft chappy did go very quiet when the exact phone call he was talking about from July suddenly started playing back to him!!

 

To think that last year I would be shaking when the phone rang incase it was a DCA calling ..... now after receiving help from CAG and learning my legal rights I eagerly await the calls.

 

Onwards and Upwards

 

Chalkitup

[itsamomentintime]

Oh Bless ...... Had a call from Moorcroft yesterday eve.

 

As I record all my calls on the computer and I am gathering as much evidence against DCA's as possible I answered it .............

 

Usual threats etc etc ...... but the Moorcroft chappy annoyed me by insisting that I said something that I did not in a call back in July when they phoned me ...... big mistake ..... quick as a flash I clicked on the telephone call he was talking about and played it to him ....... (still recording the present one of course) ...... oh bless ...... how silent it went when I asked him to confirm he still stood by his original claim regarding what I had said.

 

Infact I must have really thrown the poor chap because when I asked him to confirm his name at the end of the call he gave a different surname completely to the one he gave me at the beginning of the call. So either he did a quick deed poll name change during the call or he was perhaps fibbing to me!!!

 

All recorded!!!!!!

 

Onwards and Upwards

 

Chalkitup

 

 

Chalkitup is a CAG hero!!!!

[Chalkitup]

Quick question ....

 

On a personal bank account I took out a loan in 1997 and a month later realised all was not correct with the Personal Loan Protector I was MADE to have otherwise loan would be declined!!

 

I complained and the bank easily gave in and returned 50% (£500) of the insurance to me.

 

But I had to sign that it was in full and final settlement of the matter / complaint.

 

I paid back the loan within twelve months so can any legal bod tell me if with all the recent PPI talk etc have I a cat in hells chance of getting the other £500 back???

Bearing in mind that:-

This account has now been passed to a DCA for collection of thousands on an overdraft.

Is there any time limit on getting a refund.

I signed the full and final settlement letter.

 

Thank you

 

Onwards and Upwards

 

Chalkitup

[citizenB]

YOu could I guess attempt to get it back on the premise that you were misled in the first place. Perhaps a quick call to the FOS, they sometimes can answer questions like that.

[Hopeful1]

Have you done a S.A.R on the account? It would be interesting to see if they still hold that letter or if there is any reference to it in your file.

 

If not, i would simply make the claim and act dumb (something i'm very good at ) and just see what they come back with.

[Chalkitup]

Have you done a S.A.R on the account? It would be interesting to see if they still hold that letter or if there is any reference to it in your file.

 

If not, i would simply make the claim and act dumb (something i'm very good at ) and just see what they come back with.

 

 

Hello Hopeful1,

 

Yes ... S.A.R - (Subject Access Request) was done LAST AUGUST (2007) ..... received six years copy statements (which I had already anyway) ...... have sent four letters (recorded) since explaining exactly what I should be sent ...... not one reply .. I need the S.A.R - (Subject Access Request) docs to see exactly what I was sent when I got my overdraft ... i.e. the s.74 determination thingy with the correct information showing.

 

Been a little busy with the credit card accounts but now I must sort this bank account out ........ not sure of my next move really .... but I intend to send a complaint letter and start the ball rolling that way ...... unless someone advises different?

 

Onwards and Upwards

 

Chalkitup

[citizenB]

Quick question ....

 

On a personal bank account I took out a loan in 1997 and a month later realised all was not correct with the Personal Loan Protector I was MADE to have otherwise loan would be declined!!

 

I complained and the bank easily gave in and returned 50% (£500) of the insurance to me.

 

But I had to sign that it was in full and final settlement of the matter / complaint.

 

I paid back the loan within twelve months so can any legal bod tell me if with all the recent PPI talk etc have I a cat in hells chance of getting the other £500 back???

Bearing in mind that:-

This account has now been passed to a DCA for collection of thousands on an overdraft.

Is there any time limit on getting a refund.

I signed the full and final settlement letter.

 

Thank you

 

Onwards and Upwards

 

Chalkitup

 

Just had another think about this. Was this an up front PPI package ?. If so then the whole amount should have been removed from the loan and any payments you had made returned + interest on those payments. If I were you, I would write to the Bank's complaints department detailing everything. Advise them that your complaint in the first instance was upheld so they cant claim that they werent aware the policy was mis sold in the first instance but now having taken advice feel that you were misled into accepting an incorrect sum.

Edited August 30, 2008 by citizenB

[Chalkitup]

Hello citizenB,

 

Yes ... I like the sound of that idea ....... So far I have twenty plus letters to write next week :grin: but I will add that to the list.

 

Had a really misleading reply from Rob Way this week.

 

I am off out now ....... need a drink!!!!

 

 

Onwards and Upwards

 

Chalkitup

[citizenB]

Hello citizenB,

 

Yes ... I like the sound of that idea ....... So far I have twenty plus letters to write next week :grin: but I will add that to the list.

 

Had a really misleading reply from Rob Way this week.

 

I am off out now ....... need a drink!!!!

 

 

Onwards and Upwards

 

Chalkitup

 

Yes, I have been catching up on your threads.. I noticed how busy you were going be in the admin department next week !.

[Brassed off]

Hello citizenB,

 

Yes ... I like the sound of that idea ....... So far I have twenty plus letters to write next week :grin: but I will add that to the list.

 

Had a really misleading reply from Rob Way this week.

I am off out now ....... need a drink!!!!

 

 

Onwards and Upwards

 

Chalkitup

 

Join the club, Rob Way are as bad as Capquest on the Admin side :grin: They decided to "up" my payments to a Charging Order I have on my house:rolleyes:, but one letter and I've not heard a dickie bird since.

 

You may be interested to know that free legal advice is given by trainee law students at the College of Law from September to May:-

 

College of Law - Legal Advice London

 

Obviously, contact your local College of Law.

 

As their advice is checked by practicing Barristers, it's obviously spot on There's no need to call in, simply call them and then keep in touch by e-mail/post.

[Chalkitup]

You may be interested to know that free legal advice is given by trainee law students at the College of Law from September to May:-

 

College of Law - Legal Advice London

 

Obviously, contact your local College of Law.

 

As their advice is checked by practicing Barristers, it's obviously spot on There's no need to call in, simply call them and then keep in touch by e-mail/post.

 

Hello Brassed off,

 

Funny enough I came across that web site about a month back and have it marked in my agenda to contact them.

 

Great minds think alike!!:grin:

 

Onwards and Upwards

 

Chalkitup

[Hopeful1]

 

Great minds think alike!!:grin:

 

Chalkitup, i really wouldn't admit to that in public

 

Only joking BO - love ya really

 

Seriously, let us know if you have any luck with the law society.

[Chalkitup]

Hello All,

 

Advice please .....

 

As if I have not got enough on my plate .... Barclaycard do not like the fact that CCCS (running my DMP) have lowered my monthly payments to them by a large amount (after an annual review where CCCS discovered I do not have hardly any income left after food and heating bills!!) and hence Barclaycard have sent me my monthly statement advising that Mercers debt collection agency are now dealing with my account.

 

I know Mercers are Barclays inhouse debt collection squad but just wondered ......

Do they kick up rough and hence would it be advisable for me to CCA them now plus add the "all in writing no calls" bits and pieces before their harrasment starts?

 

Barclaycard has been going well through the DMP but if Mercers are known for problems I will strike first with the CCA request ....... p.s. I have not received any Default Notice or Assignment Notice yet!

 

Thank you

 

Onwards and Upwards

 

Chalkitup