I have not used the forum for a while but it seems very quiet with reference to bank charges. I have 2 cases that are stayed (over 5k) and want to know what is the next move. I received a letter from the court saying it was stayed until november i think and then it will be struck out. What do i do next?

Thank you.

Could someone please look at this letter i received from natwest and let me know how i should proceed.

Could anyone please advise, thank you.

Bump please

Hi, i just received this letter and i am not sure what my next course of action is. Could someone please help.

Scan.pdf

Signed

Thanks for the reply raydetinu, i am going to request a copy of the agreement and i will keep you posted. I have read about the leasehold reform act and i think i will investigate this further.

Thank you 90DC. I have requested copy statements giving a full breakdown of charges because i also dont believe that he has supplied them as and when they became due.

Hi, i have owned my flat since feb 2002. The owner of the management company is notorious for charging a fortune for various charges on the property. For example i have looked at previous years statements and have been charged for "terrorism insurance" and various other strange charges. My annual ground rent was around £1000 a year when i first moved in but some years it has been nearer £1500 and then we will get a huge bill for outside decoration when hardly anything ever has been done. To cut a long story short i now owe around £7000 as i stopped paying when i got a charge for £700 for the terrorism insurance. Well i have now received a letter stating that unless i come up with an acceptable proposal to clear the debt he will put me on "Notice" with my mortgage company. What does this mean and what does anyone suggest i do. I have a young son and a second child due any day now so i do not want to have a problem with the mortgage company if i can help it. Thanks in advance for any replies.

subbing

bump

This is the latest letter from Cabot. Any advice would be greatly appreciated.

cabot.zip

Subbing as i am in a similiar position for a monument card that cabot are chasing from may 04. Had all the same letters as you have had!

Hi, i had a monument card in 2004, with a small limit of £500. Well cabot have been bombarding me with letters stating that i owe nearly £1300. This is mostly made up of charges. I CCA'd them and they sent me the application form back with statements and also a letter of assignment. I have asked them for a true copy with the prescribed terms etc and they have sent a letter back saying that they have complied and they now want a firm proposal to get the money back. What should be my next move? Many thanks for any replies.

Cheers ODC, do i need to contact Lowells?

Bump please!!

Does the above letter look ok??

Bump..

How about something like this. I am a little worried about stating that the document is forged as i have in found a very similiar document that was posted to me by Fredrickson in nov 2007. But i received a letter 3 months later stating that they had been instructed by EGG to take no further action on the account. Please let me know your thoughts.

The Customer Relations Office

Egg plc

Riverside Road

Pride Park

Derby

DE99 3GG

Dear Sir/Madam

Re:− Egg PLC - Acc no :4627854018731112

I must admit that I am rather bemused as to why this account has been passed to Lowell Portfolio, as it is in dispute with the EGG and has been since July 2006.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from EGG was late 2006 and intimated that my complaint would be

resolved within 21 days of the letter, this obviously hasn’t happened.

As EGG are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Since I am not in receipt of a valid notice of assignment under LoP 1925 I believe title to this account still rests with Egg.

I have been contacted in a manner amounting to harassment by Lowells.

I have sought advice in the matter and have been advised to serve a notice upon Lowells under Sec. 10 Data Protection Act 1998 since I believe Lowells to be processing my data inaccurately and unlawfully contrary to principles 1 and 4 of Schedule 1 of this Act.

Any failure by Lowells to comply with this Sec 10 will result in me seeking enforcement against them under a County Court order.

Obviously in the absence of any valid assignment under Sec 136 LoP 1925 i shall be required to enter Egg as co-defendant to my application against Lowells since title and status of Data Controller on this account rests with Egg.

In the event of litigation i shall enter into evidence such documentation as i feel neccesary to prove my case including but not restricted to the CCA provided me by Lowells.

I will make a CPR 31.14 request for disclosure of the original CCA from which this copy was made then I shall enter notice under CPR 32.19 that this document be put to proof at trial.

I look forward to hearing from you shortly.

:)

Bump...

What do you think i should do next? Do i go back to Lowells and tell them for a 3rd time that the agreement is unenforceable or do i just go back to Trading Standards and complain to them? Thanks for all the replies so far.

Sorry but not sure how to do this. When i click on edit post it does not give me an option to change attachment! I have deleted my address, will this not suffice?

One question, is the agreement enforceable in this format as it is definitely my signature but as has been stated it has not got all the prescribed terms or credit limit etc?

Thank you for your replies. I received a letter last year from Fredrickson (1st DCA) saying that they were taking no further action as they could not provide original CCA. Am i right in thinking that they cannot pass on to another DCA whilst account is in dispute. I have already complained to Trading Standards, so do i need to follow up on this?