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bluedannyw

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Everything posted by bluedannyw

  1. The letter from vil just says i must make immediate settlement now. Just had another call at work from vil. The secretary said i couldn't answer personal calls at work. They told her i must call them immediately re: county court judgement. Surely them to tell the secretary at my job about county court judgements is totally against all debt collection guidelines. Not sure what to write to them now? Any one got any ideas?
  2. Well, the five days passed and still on field agent has called. However just recieved a letter apparently from red debt collection saying they have appointed as duly authorised debt collectors for the outstanding balance. If i do not have an agreed repayment scheme in place by the 14th of feb they will send a field agent to visit me or commence legal action against me to recover the debt. The header at the top of the paper still says lowell portfolio. Have they forgot to put the red collection header paper in the printer? Ha ha
  3. I've had a phonecall for me at work from a company called VIL. These are another debt collection agency. I then had a call from my mum who has told me I have a letter that has been delivered at her address. I asked her to read it and it's also from VIL. I don't know who these are? and have never seen them mentioned on this site. I am so fed up with these companies not updating my address, when I wrote back to Brachers solicitors i told them my address and have had previous letters from American Express and Credit Solutions at my new address also. I have moved three times since living at my mothers address. URGGGH!
  4. Hi i haven't got any further with this claim yet? I've been told by Lowells who have purchased my debt from Capital One, that as Capital One are refusing to pay me back that proves there is no dispute. So I wrote back explaining how all banks have refused to pay back unlawful charges and have been proved wrong in court. They still send threatening letters saying they will start court action or send field agents to my address. So I think I will have to send my claim in. Capital One's argument is that even though my apparent credit agreement (application form) shows i did not request PPI. When I activated my card on the phone I agreed to PPI. So my argument is for them to send me a copy of the voice tape of this conversation and a copy of an agreement I signed for PPI. I'm quite sure they will have neither available. I have looked through the successes thread and see none for Capital One. Has anybody had any success against Capital One? And is there case similar to mine? Surely as Capital One have been fined by the FSA for misselling of PPI they should roll over easier than they have with me?
  5. Thanks for all your help. I will try and get hold of letter from my old landlords. Will then write complaint to bryan carter. If this is for tsb, i will write to them also asking why they are bringing court action against me when i have a claim against them that has been stayed. If this is the case i may write to the fos to complain about tsb's actions. Tsb have apparently refunded me £400 which they sent a letter to my new address saying they have paid back. But have never had any statements to back this up. What i can't understand is how these big banking organisations with all their computer technology can't have my address treated between all their departments. I must admit some letters were being sent to my new address, but when i requested statements they sent to my old address. Which is totally against the data protection act.
  6. I have had a rather irate ex landlord call me asking why he had bailifs knocking at his door looking for me. He has said they represent bryan carter for phoenix recoveries. I'm not sure if there are real bailifs or just field agents, as far as i know bailifs can only call once a ccj has been served on a person. So i checked my credit record on experian and there is no ccj's or court action against me. I have not seen The letter from bryan carter, but there is no mention who is the original creditor. But from the amount owed that my ex landlord has told me, it sounds like its for my old tsb account which is mainly made up of unlawful charges. I have started court action against tsb for this account and it has been stayed. So it will be very unfair if they have served a ccj against me, especially to my old address, when all my letter concerning reclaiming my charges, and letters i have had from previous dca's concerning this account have been sent to my new address. I have also told their last dca the account was in dispute. Letter was sent from new address also. What is my next step? I'm frightened if i write to bryan carter he will send bailifs to my new address before i can get ccj set aside. That is if there actually is one against me! What court does bryan carter use? Would it be northampton? Do they work for tsb as not definate it is for this account. Any help would be much appreciated.
  7. Can anyone help please? I've had a call from a very irate ex landlord. He has had bailifs turn up at his house looking for me. I moved out of the address over a year ago. They are apparently working for bryan carter. Whose client is phoenix recoveries. No mention who the original debt is with. I haven't seen paperwork. But from the amount owed i believe it is my old tsb bank account. This is made up of unlawful charges which i have brought court action against and is currently stayed. All correspondence for claiming back charges has been at my new address, and the last dca to contact me was at my new address. I had told last dca that account was in dispute. As bailifs have been round is sounds like they have got a ccj against me without knowing. I have checked my credit status on experian and there is no mention of ccj. Whats my next move? I will need to set ccj aside if there is one. But if i contact bryan carter i'm worried they will send bailifs to my address before i can set ccj aside!
  8. Since requesting a cca from arc europe who were a dca working for egg. I have not heard from egg or any dca concerning this account. Initially arc europe were rude and would not take my request seriously. But finally they gave in and passed the account back to egg. Maybe egg have realised with their on line application and no further paper work, that they are up the creek without a paddle! My heart bleeds for them!
  9. I bumped into my ex landlord down town. He has told me he has just been denied a loan and believes this is due to the fact that i have defaults at his address. Surely the address does not matter, only the person who the debt is with. Also he has told me the debt is for less than £1000 and he has had a letter from bryan carter solicitors case of phoenix recoveries. So this is not my bank of scotland loan. I think its for my tsb bank account, which is totally made of unlawful charges. Which has been stayed in court. Also all letters to tsb concerning this court action has been done from my new address and also the last contact concerning this debt was at my new address too from buchanan clark and wells.
  10. I have just done my credit report with Experian. What is strange is it shows my current bank, phone contract. Old phone contract, old bank which was with only 2 months. Which shows all looks good and payments up to date. However my bank account I had for 13 years which went in default in 2004 for £1100 is not shown. Is this because it is in dispute and I have put in a claim for bank charges exceeding defaulted amount owed, which has been stayed? Also I have defaulted on 4 credit cards which are being chased by DCA's. One of which has been sold. However only 1 account default is shown on my report. This is for Mint who I am disputing the CCA they have sent. Why are the others not there? This bank of scotland loan is shown at bottom of report, but does not say anything about condition of account - eg (1) (month late) or (8) defaulted, which is what it should say. It also says that there are no records of ccj's against me. So not sure if I can trust this information as most of my defaults are not shown.
  11. thanks Docman, I will do this. They have been trying to call me at work but I have refused to answer them. They would have had to have done this since christmas, so is it possible they would have got judgement that quick?
  12. I have just had a call from a very unhappy ex-landlord who has had bailiffs knock on his door his morning. I have now sent EOS a letter saying they never replied to my CCA. But if they have sent this to my previous address can they now send this to my new address, which I had provided with them and they had chose to ignore. I'm hoping they were field agents and not actual bailiffs. What happens if they have applied for a CCJ at my old address and as I have not been able to acknowledge it they have managed to get one by default. Very worried now!!
  13. New threatomatic arrived today. After reviewing your account is has been decided the best form of action before we consider litigation is to look to send an agent to visit you at your home address. Unless you contact us within 5 days from the date of this letter our agent will contact you with a view to arrange a visit monday to saturday betweenr the hours of 8 am til 9pm. This debt is not going away and we are giving you every opportunity to repay and meet your obligation. Best make sure I've got some milk in the house, and some rich tea biscuits. Wondering whether to send them a letter saying i may win the lottery and pay some money. Ha ha. The bit at the bottom about meeting my obligation makes me laugh. I have no obligation to pay them anything.
  14. Have had no more correspondence yet from Lowells. Sorry to sound a bit thick Tom Term, but what do you mean by "as a breach of their waiver"?
  15. Thanks for clarifying this point hak. I will now send them a letter asking for them to send me the original terms and conditions. But this will not need my signature on them will it? So they can send me these rather easily. So i think its time to negotiate a payment deal. Thanks again hak.
  16. I can vaguely remember getting a nice thick yellow booklet given to me by the courier. Does this matter. I thought all the terms need to be on the agreement. If they are there it is enforceable.
  17. Hi Hak, Yes this is for a loan with The Bank of Scotland taken out in 2002.
  18. Here is my credit agreement: As I say it looks the real thing. But I don't really know what I'm looking for!
  19. I have recieved another letter from the infamous miss bennet at mint today. This is what she has wrote: our final response has been issued to you. Should you disagree with final response, you must now refer to this to the financial ombudsman or raise court proceedings against us to deal with the alleged cca non-compliance which purportedly prevents us from enforcing the agreement. I'm not sure what to do now has i have no faith in the fos or trading standards coz of other disputes. Has anyone on here raised court proceedings against a bank for non-compliance due to the agreement not having the correct terms and conditions. And has anyone had any success? Especially against mint or royal bank of scotland.
  20. I have many threads on this board, Capital One who have sold the account to Lowells, Mint Card account being collected by AIC, Egg Card who since CCA request to Arc Europe have heard nothing. American Express being collected by Credit Solutions and Brachers solicitors. None of these have come up with an executed agreement which has the correct terms and conditions. But after sending the request to EOS for a Bank Of Scotland account they have sent me an agreement which looks like it may be the real deal. I will post the agreement on here tommorow for the experts on here to look at. But it looks pretty goodto me. The only thing is when I sent the request i clearly added at the bottom of te page please send to the address at the top of the letter. They still sent this to my old address and continue to hound me at work, which I refuse to speak to them. If they just read my last letter they could see my address. So I have refused to respond to them unil they send me a letter to my address. It's quite scary to think that these debt collection agencies pay tracing companies to find people, when if they only read correspondence they could have found me a lot easier.
  21. Haven't been on for a while as have ignored all letters during the christmas period. I've had a host full of letters from lowells. They have rejected my settlement offer and have said as capital one refuse to pay me back my Ppi and charges that shows there is no dispute. So i sent them a letter saying all the big banks have refused to pay up, but when brought to court they settle. So how can they say there is no dispute. Told them they will not be seeing any payments til I've claimed back charges from cap one, and also when they have provided me with an executed credit agreement, not an application form which does not have all the correct terms and conditions. They now have fast tracked my account to debt collection. They are in the process of assessing my account in order to make a decision whether to commence litigation against me, or visit me at home to discuss repayment!
  22. Hi poker mad. I'm in the same boat with mint. When triton gave up they passed mine to aic who like to ignore all letters and like wasting their time calling me at work. But even they have got fed up with calling me now. Strange how mint use different dca's in different orders. Mint however are still quite insistent that they will continue to harrass me despite no correct cca. Maybe time to send them an offer. I'm thinking 20%.they probably won't accept as they can claim more money back from the tax man if they eventually sell to a dca.
  23. I haven't sent a response to lowells yet as been struggling with man flu. Just popped back from work to find a card in my letter box, it says we are urgently trying to contact you. Its supposed to look like someone has been round and hand posted it, but it shows it was delivered by second post. How stupid do they think i am? Will send them letter saturday recorded delivery to make sure it gets signed for. If i send tomorrow it will get there saturday when i suppose nobody will be there. I will offer them 20% full and final settlement take it or wait maybe 2 years for case against cap one to conclude. Haven't started case yet though. But won't tell them that
  24. Thanks for everyone's input. I haven't reported aic to trading standards yet as they have not said anything to my boss. Was waiting for them to do so as to really drop them in it. What do i do now with mint as they are still going to keep harassing me with different debt collectors and are quite adamant that they do not need to send me anymore documentation. Someone has told me on here that the rbs group have admitted defeat before and that i should keep hounding them to send me the agreement, but they do not seem to be budging.
  25. Just had another response from the infamous miss h bennet from mint. Thank you for letter dated dd/mm/yy our position remains as advised in my final response sent to you on the dd/mm/yy. If you are not happy with this, you may seek whatever legal redress you consider is open to you. Your indebtness on this account remains due and payable and we will be pursuing for the full repayment. Thank you for your comments regarding allied international credit, i have forwarded this onto the relevant department. However, i note from your letter you will be pursuing this matter personally with trading standards and the office of fair trading accordingly. If these people had the correct documentation surely they could of sent it to me now. I'm not gonna look for any legal redress, its up to them now to take me to court. Surely if they do and they show the correct documentation, it will not look good for them as they have had every chance to send me the agreement.
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