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AGB

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Everything posted by AGB

  1. Well...they have until tomorrow...then it's a warrant of execution...what is the matter with them?
  2. Ok...so NW refused to furnish me with copy of alleged defaults on two old credit card accounts, saying they didn't have to. I then sent a full S.A.R - (Subject Access Request) which should include such defaults if they exist. The bundle has arrived, statements, letters etc but nothing whatsoever relating to defaults, nothing, nothing, nothing. They say again they do not have to provide the information. Here is the text of their latest reply. "The Consumer Credit Act 1974 makes express provision (section 176) that a notice if sent by post to your proper address is properly served. If, as you claim, the notices failed to be delivered to you, does not invalidate our actions in dealing with your breaking the agreement by not making the required payments. These actions included notification to the Credit Reference Agencies. As previously advised, there is no legal requirement for us to provide you with a ‘signed true and certified copy of the original default notice’. The letters would have been computer-generated and original copies would not therefore be retained. The default notified to the Credit Reference Agencies will remain on your credit file for a period of six-years from the original date of registration. After checking your file with the Credit Reference Agencies I can confirm that your accounts are marked as Satisfied. The satisfaction on the account confirms to any lender that there are no longer any monies outstanding. If you have an issue about the Credit Reference Agencies continuing to show your past ‘bad' history in relation to the terminated contract with us you should raise the matter with them and/or the Information Commissioner. Mr ... I am sorry that you were disappointed with our previous letter of the 30th July and I trust the above clarifies matters for you. Yours Sincerely, Mrs M Carpenter Regulatory Risk Surely, I have found the defaults on my accounts made by them and I request proof of their validity. Since they hold no information about them (nothing is in the SAR at all about defaults - no letters, no notices, no warnings, nothing) then I want them removed. What is my next step anyone?
  3. Thanks. Superb advice. I will follow it... But yes, I did recorded delivery, all by the book, now the courts don't seem to be answering my request for judgement which is odd...
  4. I sent a request for judgement over a month ago and have not heard anything back. Should I prod the Court? The case is for enforcement of SARs for two credit cards - Lloyds have taken over a year to provide my statements - they have provided details for one card in the last few days, but not for the other card. But I still need the court to issue the judgement, so I get the full SAR satisfied and my costs back. Any advice?
  5. Thanks. Good idea to copy the court. Will do.
  6. No money owed. I have a positive balance on the account (which is closed, so I can't get the money). I rang three times, each time they agree to transfer the money and each time it never arrives. they umm and ahhh and make weak excuses and you can tell they are fibbing. I have just sent the last letter to them demaning payment within 7 days before enforcing the order. Thanks for you help.
  7. Thanks both of you for your advice. I'll pass it on. Thank you!
  8. The Court ordered Barclays to pay me; I had loads of calls etc to get them to do so - they did pay it to my closed credit card account eventually. Now when I request they pay it back to me, they take all my details for transfer, but it never appears. It takes on average 40 minutes to get through and each time they promise me it's been paid, but it never has. Their story changes with hints of lies each time. What should I do to force them to pay me and to punish them for their dishonesty and avoidance tactics?
  9. My niece is being hassled for an ex-boyfriend's debts. He doesn't live with her anymore, she has told the creditors such many times, yet still they hassle her by phone and letter. She has also informed the ex. She is getting very worried, frutsrated and scared. :-? What can she do?
  10. Thanks for your support. Since they wouldn't send me a copy of alleged default notices, I have now sent a data protectaction act request, so now they will have to send me EVERYTHING they have, not just alleged default notices...and...if they are NOT in the bundle, then I will at that point insist in no uncertain terms! Thanks again.
  11. Yes...yes, that should do it, shouldn't it? And...presumably, if the notes do not include the default notice, I can then demand the default removal. Yes, good idea - I will let you know how I get on...
  12. Reading through earlier parts of this thread, I didn't quite follow what to do if the account was closed and they decline to send a copy of the default. Can anyone help me, please?
  13. I sent off the default removal template letter too, to NatWest credit cards - they refused point blank... “As you are aware the account was fully repaid on the XXXXXXXX and therefore, there is no active agreement between us with regards to the above account. The Consumer Credit Act is for active agreements only and therefore we are under no obligation to provide you with the requested documents as your obligations to us under the agreement has ended. There is no legal requirement for us to provide you with a ‘signed and certified copy of the default notice’.” Is what they say true??? It sounds a bit dubious. Anybody help me?
  14. AGB

    What do I do now!?

    Thank you. I have had a rummage around on the Internet and I think you are absolutely right - I have returned the bottom part of form N205A [Notice of issue. If anyone else needs help, I found some related info here: CCP: Defendant does not respond to the claim - judgment in default. Good news is I can add more interest at this point. Thanks for your help.
  15. AGB

    What do I do now!?

    Please...anyone any idea if I have to send anything to the court now that the defense has been struck out and "the claimant do have liberty to enter judgement forthwith"? I don't know what to do next...
  16. AGB

    What do I do now!?

    The judge has struck out the defence of LTSB and says "the claimant do have liberty to enter judgement forthwith". This was for a claim to order LTSB to honour SAR requests on two credit cards, which they have ignored for ages. Damages were also claimed. Do I do something now or will the court advise or issue an order?
  17. AGB

    LTSB Cock-up?

    Anybody know if they have cocked up, to my benefit? Would the judge throw out their defense as it is a nonsense?
  18. Please, I need urgent help with the wording for section G of AQ (N149) for a claim against LSTB for failure to provide statements or list of charges made to two credit cards (repeatedlty requested for over a year). It has gone to AQ stage and can only find section G examples for charges claim. Can anyone help? I am claiming for my costs and an enforcement of the S.A.R - (Subject Access Request). Thanks.
  19. Yes, this is happenning to me - taking money on Sunday for DDs due on Monday. It has cocked things up many times...I sit down on a Sunday to adjust some DDs and SOs and....CAN'T as they have already been debitted 12 hours early. When I queried this, they said they roll up all the DDs and SOs on a Sunday as there wouldn't be time otherwise...I said "Well how do you manage every other day of the week then!?". No reply. It is not on.
  20. AGB

    LTSB Cock-up?

    I have a claim for a my current account in progress (returned AQ) and also a claim for my two credit cards with them, for which they have failed to honour my SAR for a long, long time. I have issued a claim for SAR enforcement and costs. They have responded with their defence - BUT... they have replied with the standard defense against a charges claim - even though I haven't made a claim for charges yet as they haven't returned my statements!!! So they have cocked up, haven't they!? Their defense is worthless as it is not a defense against SAR request/enforcement, but for charges claim not yet made. Am I right?
  21. Thanks for the kind and informative reply. I am getting the hang of it now...just posted another four court claims off today!
  22. Thanks - letter has been sent. Moved onto next stage now - the co-op have now said they will defend the whole amount. Will battle on. Thanks for your help.
  23. Thank you! How did I miss it!? Much appreciated.
  24. LTSB have ignored all of my applications for a SAR on two credit cards. I am now to take them to court for non-compliance of the SARs. I can't find any examples here about wording or legalities for applying to court for non-compliance. Can you advise, please?
  25. That sounds more straight forward. Thank you very much for your advice.
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