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annie s

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  1. Thanks dx100uk , I have the sar info so will check the main figures using the spreadsheet however they have only added 8% to the premiums and I wasn't sure if it should be Compounded or added to the whole total including the interest and fees. ? Thanks
  2. Hello everyone , Would appreciate any help and advice I finally got around to putting in a ppi claim to barclaycard via their own online claim form today I received a letter saying have upheld my claim and have sent me a breakdown a refund due My question is regarding the 8% statutory interest , it seems very low . Is this due on both the premiums paid or should It be on the interest and charges they added over the years ? The breakdown is below Refund of payments £236.06 Refund of interest on ppi premiums and fees:£ 1557.46 8% statutory interest compensation :£21.53 Refund of fees incurred due to ppi :£576 Income tax deduction:£. 4.30 Total refund due £2386.75 Many thanks
  3. Hello all could really do with some advice form someone . A Brief summary of where I am with Capital 1& lowell financial and the mess it has become Back in june 2007 requested that Capital one repy the charges they had put onto my account. Capital one refunded responded offereing to refund the difference between the £12 & £25 to my account I respectfully declined and threatened legal action which for various reasons I did not proceed any further They paid the money in anyway. The account was defaulted in Nov 2007 by Capital one then sold onto frederickson who could not provide CCA I have since been continually harrassed byother debt collectors namely Bryant carter, then finally Lowell and their bed fellows Red as my account is sold between them. they have all been sent CCA requests and have so far sent only application forms etc. Lowell( current harrassers) are threatening legal action as they insist what they have sent me is the CCA. My questions are How do stop I Lowell from harrasing me and get them to acknowledgewhat they have sent is an application form Are capital one at fault for defaulting me and selling on the debt despite my letters rejecting their offer or as I did not proceed with the court action was the account not in dispute? Really don't know how to go about this all now , what letters to send etc, who I should complain about to the FOS... would be really greatful for any advice many thanks
  4. Hi is anyone able to help /advise letters are coming weekly from Lowell threatening court action and twice they have sent me a copy of card application form and current T & C's with the current charges set at £12 . They have also defaulted me which I don't think they can do whilst account in dispute ?? Below is a letter I am sending could anyone advise if this the right thing to come back to them with? thanks Dear Samantha Barnard A C C O U N T I N D I S P U T E Thank you for your eventual response to my request under the Consumer Credit Act section 78. In your response you confirm this as a true copy of the original agreement executed by yourselves and is sufficient to ensure that you have complied with my request under the provisions of the consumer credit act As you must realise the document you have provided, which appears to be only an application, does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. Section 61 (1) provides that a regulated agreement is not properly executed unless it is in a document containing all the prescribed terms and conforming to the regulations made under s60 (1). However, the absence of any prescribed terms within the signature document as provided, means that a court would be prevented from enforcing it under s127(3). With regard to my personal data and your failure to produce the aforementioned documents, I also require that you remove any reference to this alleged debt from my credit file and request an immediate cessation of any processing of unsubstantiated data to third parties under provision of The Data Protection Act, 1998 & The Consumer Credit Act, 1974. I am granting to you a further 7 days to produce a copy of the full executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt and cease processing any personal data relating to me on this matter. Furthermore, as previously advised, whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. I will be complaining to the FSA and my Member of Parliament about your conduct in this matter and your liability for holding a Credit Trading Licence.
  5. The FAQ's posted state that the ruling relates to mortgages that completed after Nov 2004. As we completed our mortgage in 2003 and were forced to bail out in late 2005 , does this mean that we are not eligible? The helpline was not very' helpful' and the lady couldn't say whether we would be eligible under the ruling and we have to wait for the letter to arrive by the 31st may We were charged approx £900 in arrears and direct debit return fees which I would like to be able to claim for . Has anyone successefully claimed any charges back from these unscrupulous lenders?
  6. interesting but no sign of a "dedicated helpline" yet to let them know of my current address to send what they owe as we had to move due to reposession Is anyone aware of a number?
  7. have been ignoring this somewhat but since writing back to lowell disputing the legitamcy of their CCA docs and terms & conditions, I have again have received a letter for Sam Banyard assuring me that 'the documents they have provided are sufficient' and providing further copies of my application form and terms and conditions that state the £12 late/default charges (which considering I took the card out in 2002 is a bit strangeas I'm sure they were £25 then ) they are also still sending letters threatening court action. Not sure what to do next , do I contact the FSO about both them and Cap 1? Any advice is appreciated many thanks annie
  8. thanks for your replies , I will write back to Lowell with my concerns over the legitimacy of their claim. Will let you know how I get on thanks again annie s
  9. started my claim with Cap 1 way back in 2007, They 'goodwill' offered me the difference betwen the £25 and £12 charges. I sent a letter refusing to accept this as settlement requesting they pay my claim in full but unfortunately sort of lost my way with it all since then. I have since been harrangued by Cap 1 and their army of the following debt collectors despite me disputing my account with Cap one. They include: 01/08 Frederickson int- unable to provide me with CCA 6/02/08 back to Cap 1 8/08/08 : NCO & their pre lit dept Letham- locke 2/10/08 letter from Cap 1 back with them 21 /10/ 08 Cap quest( & HL legal solicitors) 16/01/09 letter from Cap 1 back with them again did not hear from them again until now. 9/10/09 Letters from both Lowell Portfolio & Cap 1 informing me their deal took place on on 10/01/09 and lowell took over my account then, but I have the letter dated 16/01/09 saying it was back with Cap 1! ( bit of a discrepancy between dates ) Not sure legally how to come back to them on this . Is it entirely legal what they are doing? Are they allowed to pass on my details like this whilst my account was in dispute? if anyone is able to advise I would be greatful:) many thanks
  10. Can anyone advise ? I began the process last year and got to the stage of rejecting their offer of part payment.What with one thing and another ( mainly not having the court fee to spare and having to move yet again ) I never did proceed with the court action. They have since passed the account onto a DCA. Have I blown it ? Is it too late to start the process again? annie
  11. Thanks to you all for your advice, I will be quoting rather a lot from the OFT guidlines in my letter tomorrow. Will keep you posted many thanks again annie
  12. a little potted history.... an old debt with Citi which has been passed to AIC , I have already sent a CCA request which has been conviniently ignored . These lovely people have been regularly calling me at work , 2 - 3 times a week over the past month or so and luckily they have to get through our reception so I always get them to take messages apart from one time when they caught me unawares. I spoke to this charming young chap called Mr Heron .I said I had already sent a request for my credit agreement to them and citi and that would not deal with them until they could prove that I owed them the money otherwise I would only deal with Citi direct He denied any knowledge of what a CCA was and regardless they would & could still take me to court as they had bought the debt form Citi. I pointed out that this would not be possible until they had provided me proof with the CCA. We then got into a bit of "no you can't" /"yes we can " banter which must have irritated him somewhat as he then changed tack and said 'How would you like me to arrange a visit to your home?" to which I replied " you can't do that either" he then replied ,quite threateningly " OK then how about your where you work?" At this point I put the phone down Now I know they can't legally pay me a home visit unless I make an appointment with them ,but can they come to where I work? I am about to send them the template home visit /harrasment letter but would like to adapt it to include my work place. Can I do this or can they visit my workplace? Annie
  13. does anyone recognise this number. 0151 4732528 They keep trying to contact me at work but do not leave name or reason a bit loathe to return their call until I know who they are thanks annie s
  14. I'm not sure, I will have a look at the contract later when back form work. But as they are also going to charge me for dry cleaning some blinds in a bedroom which apparently had a few animal hairs on. I would imagine there is something in the contract about this. I say apparently as the checkout inventory was carried out without me there. I did have an arranged appointment but as the inventory clerk had a cancellation that morning they went ahead without me and did not let me know, I turned up at the original booked time and it had already been done! As a separate query to this one as the landlords who lived in the house before renting it to us had a dog , would they not have to prove that the house was animal hair free before charging me £57 for dry cleaning the blinds?
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