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mcnab

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Everything posted by mcnab

  1. Trying to get my head round this. Seems some lenders don't have the money to lend you and just create it. And sell on your debt as a security to facilitate their borrowing. Some people are rendering their mortgages void and are becoming mortgage free by asking the right questions. Others are using promissary notes to pay off debts. Anyone know more?
  2. A couple of years ago, my partner went into Natwest to review her finances. She wanted to up her mortgage to 120k from 60k and the bank agreed. She was going to consolidate a loan costing 372 a week in with the new mortgage. The bank agreed and sent this salesman who persuaded her to take out health/death insurance costing 165 a month protecting us for the 120k mortgage. She took that out and then because the bank didn't stick to some other things that were agreed because she was a platinum customer, they started bouncing stuff, but didn't write and tell her. Eventually she got her bank charges back and an apology but shes now being paying the loan and the insurance, without them upping the mortgage, because her credit rating has been affected by the stuff they bounced. So if we die, the extra 60k would be useful, but the premiums are a struggle. Were we mis sold this insurance? Answers please.
  3. I can't see the creditor informing the court that I,ve paid, do I write to the court and tell them?
  4. I'm struggling, out of work, huge debts. Early March I recieved a county court summons from Moneyclaim online for £230 including costs and interest. It was fair, I had to pay, I waited 12 days and then tried to log on using the password they gave me, it was something like KLy0tr and I typed it in usng 0 and o and O and it just kept telling me incorrect password. So I sent the claimant a cheque and the court a reply saying I acknowlledged the summons by post. The solicitor cashed the cheque and then wrote telling me judgement had been entered against me and I owed another £27 costs. That was March 18, then I get the judgement from the court entered yesterday March 24th. So I paid before the judgement and the solicitor went for it to get extra costs after I had paid? Can I write and have the judgement set aside? I have the solicitors letter dated before judgement ackowledging my payment. or do I just take it on the chin.
  5. Thank you, already some fantastic input inspiring me to fight back. Preparing SAR letter from the library here, so I add a bit about telephone calls and screen shots yes? Plus how do I find the address of Natwest as registered for data protection?
  6. After banking with Natwest for 37 years, they have screwed me big time over the last few months. 1. I took out a health and accident insurance with them as I was advised that the benefits would be greater and the premium less than for a redundant endowment I had been paying into. I agreed and asked my personal bank manager to arrange to cash in my endowment. Despite several requests by telephone, she didn;t arrange anything and now the value has dropped massively. 2.My 'Personal banker' advised and arranged a change of mortgage from repayment to an offset mortgage and agreed to a £50k additional sum borrowed which was the reason I was discussing mortgages. Paid £3000 in redemption and arrangement fees back in January. Sent back paperwork etc, heard nothing answering machine messages were not returned. Spoke to branch manager who said it was set up on the computer but he couldn't interfere as he wasn't my manager, he sent emails to my manager. No response. 3. Personal manager supposed to sweep funds from another account to prevent main account from going over limit. She doesn't do this from January onwards, meaning standing orders and dd are bounced, I get charged over £600 but recieve NO LETTERS TO SAY THEY HAVE BOUNCED from Natwest, menaing some bounce 3 times before I become aware when utilities etc write to me. 4. March, I recieve a letter saying that my application to extend the mortgage by £50k is rejected, 'due to the way may account has been conducted'. So after all these years I can no longer trust them. I will take them to court for the bank charges and move banks with my nhs salary and direct debits, leaving an overdraft with natwest that I will pay off in a time frame to suit me, getting the charges back will help. But I have been mis sold a mortgage which costs me £100 a week extra for the useless offset facility no extra available borrowing renders it useless. What to do about this? And the loss on my endowment due to them messing me about? I'm about £10k out of pocket over all this due to them messing me around. HELLLLLLLLLLLLLLPPPPPPPPPPPPPPP|!!!!!
  7. I think I signed a single sheet and returned it Dec or Nov. 2006. to Egg. I CCA'd Moorcroft in June 2007 who were chasing the debt, They wrote to me in December 2007 stating Egg had not sent them a CCA and so they had returned the file to Egg.
  8. I think I signed something, but Egg never sent a copy despite several CCA requests. The cards were turned into the loan and cancelled.
  9. Egg have been pushing a debt to various collectors, who have all given it back to Egg when I've asked for a CCA. The debt is a loan which was came about when Egg phoned me late in 2006, urging to put my two egg card balances into one egg loan. I defaulted a couple of months later, and messed up a previously 25 year clean credit record. I tried to sort it, but Egg were trying for a direct debit every day for a week, costing me £27.50 with Abbey each time it was returned unpaid, soaking up uncleared funds that I had put in the bank to cover the payment. I've heard nothing for almost a year, but now recieved a letter and a couple of calls from Caboot saying they bought the debt. Is it bad news for me, considering the loan being in 2006, does the CCA principle not apply, I heard the law was changed. Do I CCA them for the original 2 credit cards dating from 2001 andd 2004 and not the loan? What way forward? I'm a bit worried!
  10. I am in dispute with Barclaycard, no CCA, disputing charges. £350 balance owing, I've ben witholding payments. Rather frustratingly. they are swiping two minimum payments every 2 months from my Barlcays Bank Account and sending me a letter saying they have the right to switch funds between Barclays products. The account was originally a Woolwich and they were taken over by Barclays, I didn't sigh anything. Bit worrying, I owe egg and marbles also, which banks can they just swipe money from? How can I stop this, don't want to swop banks?
  11. Spiritgirl, having slept on it and once again looking at the application form that passes as their cca, but fails every other test, basically it's just concerned with Safeguarding payments, Sharing my account, Use of my information and about me, absoloutely nothing that resembles a cca!.......I'm not phased. Spamheed; It is an odd phrase to use, it makes me feel it is just another idle threat designed to break my resolve to hold out for a CCA or their day in court without one. They also mention I jointly own a house and I may lose it, (but I don't anymore) again designed to make it look like they are treating me as an individual, not one of several thousand. Input from anyone welcome! No point in replying as I'm not invited to do so.
  12. First Credit have been in the habit of telephoning me and now state the debt is HFC Marbles/Orange, not theirs, but they are acting on behalf of HFC. I've simply stated that i want everything in writing and that includes the CCA which they have failed to provide me with. New develpment today; a letter from LCS Solicitors (in house with First Credit) and they are threating Court action, Bankruptcy, a charge on the house I live in (I don't own it, but they state I do). "Please note we are not instructed to enter into correspondence with you prior to the commencment of legal proceedings" I'm going to follow Spiritgirls earlier advice and do nothing, but use the crimminal default as a defence in Court, unless anyone knows a better way?
  13. Some more news, The HFC balance has been sold to 1st CREDIT who have just made contact demanding payment. Is it a bit naughty of HFC to sell the debt knowing there isn't a valid CCA? Some more answers to the post above would be appreciated too!
  14. Ok, fees incurred chasing an unenforcable debt? That was established before they took the file? Sounds interesting! Any threads about this you can point to me to?
  15. OK EGG have made a move now. Egg defaulted on a CCA request made via Moorcroft in the middle of last year. Moorcroft wrote to me explaining that Egg had not produced a CCA so Moorcroft had returned the account to Egg and the £1 postal order to me. Then Fredrickson International started chasing the debt. I sent them a Curlyben letter regarding the default and heard nothing for a few months. Then I recieved a financial statement from them and a letter "trusting this satisfies your complaint", then phone calls started again and the letters. Last week I got a letter from their solicitors Brian Carter and co. This week a letter giving me 7 days notice to pay in full. I that without the CCA the debt is unenforcable, but going to court takes it to another level. Are they bluffing or are they so inept that they have forgotton about the CCA default? Do I write again, or just wait? Advice from you wonderful people please!
  16. So what should my next move be? I guess they will pass the file back to collections.....
  17. LOL Do you mind if I quote that when I write to then LOL! Love you too!
  18. Some confusion I got mixed up!, so quick recap.....I defaulted on payments to Marbles/HFC, they set DLRS (Not Moorcroft) onto me, but after I CCA'd DLRS, HFC sent me my application form. I wrote back 'yeah thanks for the application form but where's my cca?' Then Lewis DC took up the challenge, I told them HFC were in default on the CCA issue and recieved yet another application form, I then complained to Lewis stating that I hadn't recieved a valid CCA and they sent me another application form.
  19. I had a thread on the old board going.... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/101658-mcnab-moorcroft-egg-dlrs-2.html?highlight=mcnab HFC engaged Moorcroft, Moorcroft defaulted on a CCA request, the debt was passed to Lewis Collections who sent usual demands... Curleyben dictated a letter and it was sent. Lewis took Curlybens letter seriously(see post on other thread), and replied stating they were looking into the complaint and would get back to me....... .....which they did today, basically saying HFC never recieved a CCA request, well they did via Moorcroft and responded with a Priority application form which is concerned only with 'about you' 'Safeguard your payments', 'someone else can share your account' and 'Important use of your information'. NO prescribed terms! Anyway, I have electronic proof that HFC via Moorcroft are in default and the letter goes on to say the debt is only unenforceable (nice of them to admit it) whilst the CCA is in default and here is a copy.... .....and they've sent me a slighly clearer copy, my 3rd so far, of my application form mentioned above! But they have cleverly highlighted the words 'Credit Agreement regulated by the consumer credit act 1974 'and 'This is a credit agreement regulated by the consumer credit act 1974 sign only if you want to be legally bound by it's terms'. So they also say the terms and conditions would have been enclosed with the application and when I signed the form I agreed to abide by them. Comments welcome!
  20. Lewis took Curlybens letter seriously(see post above), and replied stating they were looking into the complaint and would get back to me....... .....which they did today, basically saying HFC never recieved a CCA request, well they did via Moorcroft and responded with a Priority application form which is concerned only with 'about you' 'Safeguard your payments', 'someone else can share your account' and 'Important use of your information'. NO prescribed terms! Anyway, I have electronic proof that HFC via Moorcroft are in default and the letter goes on to say the debt is only unenforceable (nice of them to admit it) whilst the CCA is in default and here is a copy.... .....and they've sent me a slighly clearer copy, my 3rd so far, of my application form mentioned above! But they have cleverly highlighted the words 'Credit Agreement regulated by the consumer credit act 1974 'and 'This is a credit agreement regulated by the consumer credit act 1974 sign only if you want to be legally bound by it's terms'. So they also say the terms and conditions would have been enclosed with the application and when I signed the form I agreed to abide by them. Comments welcome!
  21. I signed up with Tiscali last year for a anytime no limit broadband and free phone call package costing £19.99 a month. The broadband is a little slow, thats my exchange's fault, but what has upset me and made feel ripped off is that BT wouldn't allow Tiscali to give me free call time, but instead of tiscali coming back to me and saying this package wasn't suitable for me, they just proceedeed with taking my £19.99 every month and left me assuming I was making free phone calls until I got my BT bill. When I rang Tiscali, they said it was tough, I was in contract and couldn't cancel, and they wouldn't lower my bill, because the free minutes had been a free add on. I argued until I was blue in the face, but they were adamant. Advice anyone?
  22. You can apply for something called a garnashee order, which freeze their bank account until they pay up. You would need sort code and account number, but they probaby supply this on their nasty debt collecting letters sometimes so people can pay them;)
  23. Ok thanks Curlyben, I like that one too! Should I add a line to acknowledge the fact that I recieved the cc application form and remind them this isn't a cca?
  24. Well got a recorded delivery today......! A lovely letter from Lewis stating that 'HFC cannot confirm that they ever recieved [my] cca request'. HFC did recieve it because they kindly sent a copy of my application form So Lewis have kindly gone to the trouble of sending me their version of my CCA which happens to be another copy of the same credit card application form, with no prescribed terms I like this line in the letter 'The Consumer Credit Act states that the debt canot be enforced 'whilst the default continues'. As HFC have now provided you with the relavant information to the type of agreement you entered into , the obligations of the under the Act have been satisfied'. Nice of a debt collector to confirm that the debt is unenforceable without the cca! And seeing as HFC don't seem to have my CCA then I guess the debt is 'unenforceable'! Now I think I should write and inform them of the agreements failure to meet the cca requirments, just in case they fancy sending me a summons. Any killer letter anyone?
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