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bluedannyw

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Everything posted by bluedannyw

  1. Thank you Brigadier. I will send the letter and await reply. Just checking their paperwork and it seems like they are responding to a cca request. Which is not what I was after.
  2. Thank you Brigadier. I have only checked experian and nothing is showing on there. That was about 6 months ago. I will send your letter thank you, but if they do try to claim again who do I write to pass their details on to.
  3. Hi Brigadier,This was the response from the SB letter.They have not mentioned anything concerning the statute barred aspect of the debt.Their previous response was to try and use the £1 CCA request as a payment to the acount thus making the debt not statute barred. I pointed this out to them in my last response and proved that even after the cca request the value of the apparent debt hadn't decreased by this £1, so shows even the original creditor had not believed this was a payment.So I have told them twice it is now statute barred and they have continued to harass me, so I need to report them to the appropriate regulatory bodies.I'm not sure who they are, and whether they will do anything about it anyway after previous experiences.
  4. Update:Back in February I had the usual "your account is now on hold while we pass your query back to our client" letter from Debt Managers ltd.But today I recieved a letter from them saying the debt it is still owed, and they have also provided my original credit card application form and a contract that was typed up by Mint card after I cca'd them back in 2007.Also there is a statement from Mint card of November-December 2012. This says i owe them about £100 less than any statement I have seen before.But the letter from Debt Managers still shows the same amount that it always was.The statement from Mint says I have til January 2013 to pay the debt, but I have not seen a statement from them since they sent this account was sent to the first dca in 2007.So now I am wondering if they have lied that Phoenix recoveries bought the debt, or whether this statement was only made available as this is what they sold to to phoenix?But none of this is really relevant anyway as this is now statute barred. Who do I need to complain to for them still trying to collect on a known statute barred debt? I dont have much faith in Trading standards and the financial Ombudman services as i made a complaint to them many years ago concerning a dca who continued to try and collect despite no Credit agreement, and both of them said if the credit agreement wasn't required and i still owed the debt. And since then The FOS favoured with capital one on PPI payment despite the fact that I clearly ticked the box that i never wanted it.
  5. I sent the letter off earlier, but I have just checked my records, there has been no payment to the account since February 2006. Funny enough despite them trying to claim there was a payment made to the account in July 2007, the balance hasn't been reduced by £1. I h.ave letters proceeding July 2007, back to 2006 showing the balance hasn't changed. So they havent taken it as a payment towards the account anyway. Game, set and match.
  6. Thank you Brigadier.Yes it will be a copy, I have all the letters in word document saved in 3 places for safe keeping
  7. Thank you SequenciShall I enclose the original letter? As this will prove i'm correct.Dan
  8. Hi, In January of this year this apparent debt became Statute Barred, I then starting receiving letters from a company called"Debt Managers Ltd" saying Arrow Global had purchased this debt and now they were collecting for them. I sent them a letter back stating that this debt must be statute barred and it was for them to prove otherwise. I recieved a letter today saying that I last made a payment in July 2007 which is untrue .I have sent endless CCa request's since 2007 and have still not recieved a valid credit agreement .It turns out that the very first request I sent at the end of June 2007 with a cheque for £1 for the admin involved has now been deemed as a payment towards the debt. I have the original letter sent to a Triton Credit Services to prove that this was the case. I'm a bit worried what to do next? Do I write back just saying nice try, but here is a letter proving you are wrong. Or do I write back stating that this was not a payment towards the debt, but not send the original letter? I'm worried that these crafty sods will edit my letter. Or do I write telling them the facts that this was not a payment, but also request another CCA from them? I have dealt with Arrow Global / Phoenix Recoveries in the past and had a court summons from Bryan Carter which i defended and they discontinued, so I am pretty sure they will do the same again. Any help will be much appreciated.
  9. I haven't dared check my cra file lately. But I was led to believe any details of missed payments were applied to the file. Also every time an account is passed to a new company (ie debt collector) they then added there two penneth saying that they hadn't been paid either. I must admit i'm not too sure how it works, once one debt collector passes the account on does their input get added to the file? Because I have some existing debts which have been passed from one debt collector to another other the years, so do they have a list of non payment to all of them?? Also some of my existing debts are just becoming statute barred, Can i have these removed from my credit file as they are no longer collectable or can you demand they are removed?
  10. Thanks DX, Oh i'm very diverse in the world of dca's, I think I have had dealings with more than half of the companies working in this country.I am just so annoyed, I will be writing to top up tv to pay them and give them a piece of my mind. I just wanted to know if I can make a complaint against them for passing my details over when they have never billed me? and who to? Surely its against the data protection act 1998? I'm more worried about them passing my information such as my phone number to other DCA's. I have already changed my mobile number once to stop harrasment in the past and now a lousy tv channel company have put me back 5 years.
  11. I cancelled my direct debit with Top up tv expecting them to just cancel my service. I then recieved a letter from top up tv asking me to call up a given number to arrange my direct debit. I called the number, but the number was no longer valid, an altenative number was given but when i called that i was left waiting for ages. I believed that this would only be a way for them to try and talk me out of cancelling. Then i started recieving text messages from Westcot services asking me to call them. I have had problems with debt collectors in the past so was not 100% sure what exactly they wanted. Finally I have recieved a letter from westcot services working for top up tv asking for £10.99. What I can not believe is why have they not actually sent me a bill for £10.99? They have gone straight to a debt collectors. Due to past problems I will not deal with these debt collectors and will not pay through them. I have tried calling the top up tv number again and the line was busy again. So i will now send a letter to top up tv with a cheque for £10.99. What i would like to know is where can i complain about there actions? surely they can not pass my details over to a third party debt collection without even sending me an initial bill. I am not happy as they have started calling my mobile, they called this evening at 9pm. I will not deal with them on the telephone, and also I dont like the idea of my number being passed to a debt collection agency as this inturn could be passed to other debt collection agencies. Also I have been trying to rebuild my credit rating just for top up tv to ruin it for £10.99 they never even billed me for.
  12. Thank you Sillygirl, DonkeyB and Andyorch for your help.The link to the thread is exactly the same as mine, even the transfer dates of May 13th and the payments date of Dec 2010.I will read through this entire thread, before acting, but I believe its time to go for costs.Do I need to write to Phoenix Recoveries or our mate Bryan? before writing to the court?Or do i need to fill out an official form for costs and send to the court who will inturn send to Bryan.
  13. I have just read the last correspondence recieved from the court, which acknowledged the reciept of my defence. It says the claimant had 28 days to proceed with the case or the case would be stayed. So this must have happened, so no if this new company wish to bring me to court they will need to proceed with a new case which surely won't look good if the last one is still stayed. Is there any action i can take against Phoenix Recoveries for passing on a debt which is in dispute and has been stayed?
  14. What does confuse me about defending the original claim is that i submitted my defence and then recieved the letter from the claimant saying they were not proceeding. However on all legal websites it says as soon as i submit my defence the court will send out allocation questionnaires to both parties. i never recieved one from the court, so the claimant must have contacted the court to say it wasn't proceeding? and then.surely this would mean the case was discontinued and not still active as the mcol says????
  15. Well, the letter of discontinuance was sent in July 2010, now over a year later I have a letter from I believe Arrow global saying that they have been passed the debt from Phoenix Recoveries. But it also says any future letters of correspondence needs to be sent to Frerickson International. Looking at the headings of the paper, I believe they are all pretty much the same company. I think I need to call the court and ask what to do? unless someone here knows what my best move is. Surely this debt could not be passed on when they have started court proceedings and then discontinued after i put my defence in. There last letter via Bryan Carter's was to say their client ie Phoenix recoveries will not pursue this matter further , therefore in an attempt to settle this matter before hearing and in order to avoid either party incurring further costs, we can cofirm on a without prejudice basis that we are prepared to withdraw provided there is no orders to costs. Well i never replied, but I have not counterclaimed for costs, so why do they think they can proceed? Maybe i need to strike out just to finish them off? any clever legal types out there that could please help?
  16. I had pretty much the same letter today. Except mine was a postal application. They are clearly generic rejection letters. My letter read: We have identified that your application for PPI wa submitted by post. At the point of applying for PPI, the process required you to select the specific type of cover for you required. In this case, you positively selected the product. In addition, we have conducted a review of the documentation you viewed during the sale. We are satisfied that the documentation presented accurately described the scope of the policy, and was sufficient to provide you with all of the information necessary to inform you of the terms and conditions of the policy. I'm not sure if the FOS woud go against there judgement.
  17. I have had to put my ppi claims back on the backburner as my Mum has been very unwell. I havent really got the time to work out my POC for the ppi, so I may send off details to the fos instead. I know this will be a slow process but eventually they may find in my favour. I also have bank charges to claim back from egg card which I never realised you could still claim after the banks won the test case. Can i send this off to the fos too? or as there are pretty standard poc's for credit card charges shall i send N1 off to the court as i'm pretty sure this poc shouldn't cause me too much trouble. Also which spreadsheet is advised to use for credit card charges? The fos route for ppi will be charges + contractual interest, and the Charges through the courts will be charges + contractual interest + 8% statatory interest. I do have another thread which shows my ppi and charges reclaim against capital one, this one i will need to go to court as they gave me a final decision in 2007, and i never complained to the fos within 12 weeks. So I will ahve to deal with thaat in the future.
  18. Thanks IMS, are there latest poc's for credit card charges? As the ones i used years ago against barclaycard and Lloyds TSB mastercard maybe out of date. I never finished them claims off because my local court (cambridge) sent them back saying if i am to claim contractual interest i need to have the terms and conditions proving these are correct. I never understood this as the interest rate was on the statements.
  19. Yes they are both seperate claims. I know the 6 year limitation act can be avoided on ppi due to the fact that you can use the argument that it is 6 years from when you noticed the fraud or error. But my charges where all taken over 6 years ago too, so is this still winnable in court?
  20. thanks AndyOrch I recieved a letter which just read: Please be advised the county court claim No. ******** has been discontinued. Signed Bryan Carter I don't believe he will resurrect the claim now as if he had a case, he would of carried on last time. but i would hate to lose the case later down the line on a technicality of me not striking the case out. But I also don't believe I should have to pay out either. Can you strike out the case and them claim back costs? Dan
  21. Thanks Ims, I have used the compounded interest calculator to work both claims out. The ppi is for just over £2000 and the charges £750, this is total included compounded interest. Was gonna use the court route as I have had a bad experience with the fos before, when they were pretty useless helping me with harrassment I was getting from a dca. Now shall I now write a letter before action to give them one more chance or get the claim in immediately? Also wouldit be best to use N1 than mcol? Dan
  22. Hi, Bryan Carter finally wrote to me last year explaining that they will no further be proceeding with this case lasy year. But I never did anymore about this, I just looked on the mcol website and saw this case is still open. It just shows that the last action is the defence was recieved i August of last year. Do I need to dosomething now to close the case?, DoI need to write to the court and ask for the case to be struck out? Dan
  23. Thanks dx100uk,Can you go the fos route for charges on credit cards too?also when i was calculating figures I was thinking of going the court route so I used compounded contractual interest calculator for both ppi and charges, but I then saw this is not for credit cards.So I as going to look at claiming for contractual + statutary interest, for both claims (ppi & charges) Which is the best calculator spreadsheet for this?
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