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km1988

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  1. It's been a while since I had to use the advice on this forum, which is a very positive thing! Anyway, I am currently trying to help a relative claim back PPI from Barclays and PBP from Monument. 1. Barclays have replied to state that apparently the relevant box was ticked and so there can be no claim. I reckon there's more than a hint of male bovine excrement about that statement but am unsure how to proceed. Exact wording from the letter is; "Following my investigation I have identified that your application for PPI was submitted by post. This means that at the point of applying for PPI we did not give you any advice." Then goes on to explain all the details that provided eligibility. Basically I am aware that the 'you ticked the box' excuse is being rolled out, but don't know where to go from here. 2. Monument replied that 'without admission of liability' they could offer of a few hundred pounds. Firstly, they seem to have worked this out based on only 3 years data when (I will have to double check) I think the account is much older than that. Secondly, they say "Refunds will only be offered on condition that any monies still owed from the original debt are offset by the refund." - This account is still being paid off and the refund will not offset the full amount - but surely they can't do that!? Also, is 'PBP' just a stinkweed by any other name? It seems like they're trying to use the different term for legal squirming room. So, that's my situation and any advice on how to proceed would be most welcome. Thanks km1988
  2. Hey Starfighter, Nice to know I'm not the only one in this same, rapidly sinking boat. I started Uni last year on an extended degree (with a foundation year), the application for that year went smoothly, and I was all intent on staying at that uni until I got my final results for my foundation which, I thought justified a move to somewhere with a bit of a better reputation (damn those league tables). Lo and behold, I was right, and a last minute UCAS application worked wonders. Anyway, I had already put in an application for my 09/10 year at the previous university, which I now wanted to change. I had not signed the final declaration, I had agreed to nothing whatsoever. I telephoned the Student F@*& ups England (or is that finance?) who told me it was as simple as filling in a change of circumstances form, just to tell them which uni I would be going to and which course I would be doing. WAHOO! easy peasy, I rather naively thought to myself. Yeah...It wasn't. I sent off the change of circustances form in early June. I recieved it back a fortnight later, with a new PN1 form, telling me that, for some banal and beaureaucratic reason I would have to register as a new student (more on that later!). I telephoned and asked whether I would have to send all financial evidence etc. etc. again and was told not to worry as they had all they needed, they just needed a new application. This was sent early August and recieved on the 19th August (because their mail rooms are in slow motion apparently). From this point I was in constant contact with them; August "We've recieved your application, it's just waiting to be processed" September "It's in processing now; but you have a previous application that you will have to get the LEA to delete." October "We've cleared your previous application, your new one is still in processing due to the large number of applications (read: cock ups) we've recieved (read: made)." November "Erm...sorry...we seem to have deleted your new application; you'll have to send in a whole new form and new evidence!" Erm...WHAT!? I'll be honest, I'm not proud but I swore at these people...wait...I'll be honest again, I am proud. They deserved it. Oh but it gets better. I sent in a new application, new evidence, etc. etc. and called up to enquire about it, "We've recieved your new application, but the LEA has reinstated an old one..." WHAT!? Well it turns out this was, kinda, the best thing. It took two weeks to sort it out from there but, the whole process took from about 05/06/2009 to 14/12/2009 to get sorted...TO THAT POINT! Now, my issue is that not only am I not recieving the full entitlement; but they are trying to claim back £715 from last year saying that I quit my course!!!!! I DID NOT QUIT MY COURSE, I TRANSFERRED AFTER A FOUNDATION YEAR. THE REASON IT LOOKS LIKE I QUIT MY COURSE IS BECAUSE YOU BLOODY DELETED ALL MY APPLICATIONS!!!!!! I QUIT NOTHING! I AM ENTITLED TO EVERYTHING! It seems like they randomly choose one in every one hundred applications to see who they can irritate to the point of suicide. I'm going to stick with complaining about this but, it's affected my studies stupidly over the last year, it has strained my relationship to breaking point as my partner has been paying my way for half a year, and I feel I've been taken for a ride; and still am, the saga is not over yet. I've still got the mystery of my missing entitlement and this magic £715 they summoned from nowhere. So good luck Starfighter; I hope you get it sorted out.
  3. Hey everyone, after months of letters, back and forths and agonisingly ignoring phone calls later my mother is nearly all sorted with regards to most of her debts. However, Phoenix recoveries (requested credit agreements, balance statements, statements of account etc. etc.; did not comply, not on jot of stuff sent with regards to the account) have now tried to claim through court... Not for the full amount mind you, but for a partial payment!? Is this common practice so that if they fail at this stage they can try again? I've read that there is a standard defence for this sort of thing on the forum (like I said, it is pretty open and shut, this account has been pushed from pillar to post and the only details I have of the account is a balance sheet, no applications for credit, no credit agreements, nothing else has been sent, and this request was sent nearly two years ago now!) I sent the AoS on 22nd of May, meaning that a deadline for the defence is approaching. Can anyone give me a hand finding the right words and also, if possible of making it relevent to the entire debt, not just a portion of it, so as to throw them off our backs rather than just deflect them for a while? Any help or advice will be appreciated. Thank you
  4. Had a letter from Barclays sent on 2nd of July with, what appears to me, to be an application for credit. The covering letter says "Please find enclosed a copy of the original application form as requested" When actually, I requested a lot more... "1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. A signed, true and certified copy of the original default notice. 4. A statement of account." Also, it doesn't look like a properly executed agreement...It's got the standard "this is a credit agreement under the consumer credit act 1974" but there's no balance, no APR etc...What's more, it's very poorly photocopied, and actually has an 'application reference' number at the top...and it doesn't look like it's been signed by anyone at Barclays!!!! Is this a crock as expected?
  5. Get it checked out properly first but it sounds iffy to me, and sounds, frankly, like they've just sent you an application for credit and not a credit agreement (which barclays have just done to my mother...)
  6. That's exactly what my mum's got...Also saying that it's in the hands of Phoenix Recoveries (UK) Limited acting on behalf of it's compartment SDFS Recoveries...But the letter is sent in the name of Fredrickson International Limited, for an account previously held with GCC debt recovery limited, paying off an old debt from Great Universal, all businesses of course affiliates of Bullcrap Incorporated...I mean, that's an intricate web right there, if they've got any kind of credit agreement I would be shocked...They'll probably send a letter crudely scrawled in biro saying "I actually agree to credit n that..."
  7. The CCA request letter. Might not have to include as much stuff as I did in the letter to Power2Contact (who, incidentally are quiet as a mouse) but I'll still make it pretty obvious that debts being dubiously handed over from one debt collectors to another without prior warning from any previous account handlers is very, very stupid... All just stems from their lack of patience to wait to get small installments of the money, greedy idiots...it just gives me an excuse to save my mother her hard earned cash! But yeah, I was just gonna send the CCA request letter, also again ask for a statement of account because, I know my mum happens to pay either £1 or £2 a month off these yet it's only gone down £2 in 3 months!? Might also include that their threat for legal action to someone who pays regularly (as the accounts should show) is quite a stupid, harrassing threat...
  8. Me mum's just recently had her Great Universal debt sold over to these guys...Obviously gonna send the usual letter telling them to shove it, but has anyone had any success in deferring these guys?
  9. Haven't heard from these bastards since I sent the letter....Way past the 12+2, and if they haven't responded by next monday they've officially committed an offence! So, that's me mum off of 800 quid there... BUT! She's not had her Great Universal debt passed over to Fredrickson International Limited...Now to me, these seem like the same **** on a different day...Do these guys have a rep for being a bit dodgy, and if so, could I just do the same trick again...?
  10. I'm just really miffed about this because, me mum had an agreement signed with Barclays that she only HAD to pay £1 a month, and they agreed to it and said that should they pass on the debt to any handlers or collection agencies they would inform them of this agreement...so basically this shower of sh*te Credit Solutions are trying to fob my mum off and cripple her financially for the sake of a few extra quid...These people are ****, and how they sleep at night is beyond me...So I'll just keep fighting the good fight here!
  11. Letter sent recorded delivery today with £1 postal order. Now we play the waiting game...and then the fobbing off game...and then the telling them to get f*ed game...
  12. so I did...I'll stick that in as number 4 on the list! Thanks for the reminder!
  13. I've just written up a quick draft letter, basically piecing together pieces of other templates I've checked out... Will this cut the mustard? If there's anything I should cut, chop, change or add then please let me know as I will be getting this letter sorted out and posted off tomorrow. Thanks a lot guys!
  14. will do, thanks! Well, I'm gonna go draft up a letter (well, a list of demands really....) and I'll post it on here and get it double checked, see if there is anything missing and hopefully I can get this sorted. Thanks for the help.
  15. Since it went to POWER2CONTACT we've only recieved the one letter and nothing else...I just want to make sure this gets put into dispute asap...It all started because Barclays demanded a monthly payment of £79 despite the £1 a month agreement through the CAB...She's got a payment book showing payments in actual fact of £2 a month, every month since sept. 2006... then a letter came on 27 dec 2006 from Mercer's demanding £72, my mum got in touch with Mercer's to tell them of the agreement and they said not to worry and carry on with the agreed amount...then there was another letter from Mercer's on 28 Feb 2007 for the same thing, then one from Barclays on 2 april 2007, again proposing my mum owes £79 and then Credit Solutions and POWER2CONTACT got in touch in May demanding the full amount... My mother has up to date payment reciepts in a payment book up until 19th May to Barclays! So, I can only assume the debt was passed on in April and they've taken £4 illegally!?
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