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mickmackpaddywack

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  1. Hi all could do with some advise please, I am being harassed by Bristow & Sutor, they have 3 liability orders for outstanding council tax ranging from £29 to current year £910. I have ignored all contact from Bristow & Sutor, but I did make an arrangement with the council last month. they passed the details of this arrangement to Bristow & Sutor, who emailed me acknowledging this arrangement. I have kept to the arrangement and make payments due as arranged, but I paid directly onto councils online payments. now I am getting emails and letters from Bristow & sutor, telling me that if I do not pay them direct, they will continue their enforcement action. any advise please? Mick
  2. hi all between my wife and i we have had 3 loans off welcome finance. i believe all 3 of these loans had ppi monthly payments added to the loan payments, but i cannot find any of the paperwork relating to these loans. they all date back several years (around 2000-2003) is it possible for me to claim back the ppi without knowing the account details, and if so how would i go about it? cheers Mick
  3. Hi all, I was hoping to get some advice about how I should proceed with STW and a dispute that I have with them. Last year (2010) I asked STW to fit a water meter to my property, I could not remember the exact date, but I had an idea that it was sometime between June and September. when I made this request I was informed that I could revert back to rateable value bills if I choose, I was advised that I could do this revert anytime within 12 months or within 30 days of me receiving (note they used the wording"you RECEIVE") my 2nd metered bill. Therefore AFTER I had an opportunity to access the difference between metered and rateable. today I received a letter from STW, which prompted me to realise that I have not seen any bills from STW since changing to meter, which I thought was about 12 months ago. This letter was thanking me "for arranging to pay your account by payment plan using a water card". I have not made any such arrangement; I do, and have been for 4 years or so, pay my water bill by standing order every Friday. The letter I received today laid out details of how much I had to pay each week from now on. I was horrified to discover that this weekly amount was to treble almost. So I immediately phoned STW to advise them that I wished to revert back to rateable value bills, as a meter had trebled my bill. I was told that I could not revert back because more than 12 months had passed since they fitted the meter, they informed me that they came and fitted the meter on 23/06/10, but they also admitted to me that the letter they sent to me confirming this change over was not sent until 25/09/10, so I pointed out that 12 months had not elapsed since this letter confirming the change to me, and when does the 12 months start counting from, I would argue that the 12 months should only start from the date that they confirmed this change in writing, they (of course) claim that the 12 months start from the date the meter was fitted. So I turned my attention to the 2nd "condition" to me reverting back. The "30 days after receiving (that wording they used i.e. "receiving" is critical) my 2nd metered bill. I pointed out to them that I had not received any bill from them since having a meter installed, their response was "well they where sent in Nov 2010 and May 2011", so again I repeated myself, that I had not received ANY bill from them since changing, their attitude was "well we sent them so tough", we spend 15 minutes with me trying to explain to them the difference between the words sent and received. After being passed to several "managers" their stance was still the same. More than 12 months have passed and we have sent 2 bills more than 30 days ago, to tough you cannot revert back to paying the rateable value waterbill (which is £120 pa less than the metered bill, hence my wish to revert back) again I pointed out to them that I had not received any bills from them and that the first opportunity I had received to compare the 2 different rates was today, when I received this "thank you for trebling your bill letter"and that as far as I was concerned, firstly, the 12 month period does not start until I receive confirmation of the change in writing (25/09/2010) and that I also have until 30 days after I receive my 2nd bill (I still haven’t received the 1st one yet), so I informed them that if they would like to send my the 1st bill followed by the 2nd bill so we can start counting the 30 day period I have. They informed me that they would not be changing their stance and if I did not pay the amount they now say I have to, that they would pass me on to their normal debt recovery system. I informed them that I would only be making payments up to the rateable value bill, and that as far as I am concerned this account is now in dispute, and it will stay in dispute until they stop trying to force me to have a water meter I do not want. Anyone have any advice about what course of action I should now take? I intend to write to them outlining the above as explanation as to why the account is indispute. Am I correct in assuming that they cannot pass this to their debt collection department whilst this dispute remains? Thanks in advance for any responces Mick
  4. hi all 8 months since i had any hassle from these clowns... until today i received a letter from a company called Cabot this is the front of that letter http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010197.jpg and this is the back http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010198.jpg enclosed with the above letter was also a photocopy of a letter addressed to me allegedly from vanquis (which i have never seen before) that letter is here http://i904.photobucket.com/albums/ac242/MickMackPaddyWack/09072010200.jpg am i correct in assuming that my next move it to write to Cabot, informing them that this account with vanquis is in dispute and that vanquis have breached CCA regs in selling it on to a 3rd party. and also that this 3rd party would also be in breach of CCA regs if they where to make any attempt to try and collect / harrass me for this alleged debt. if this is so, could anyone point me to a template letter for this. Cheers Mick
  5. to admin... thankyou for amending the last word in my post, i do understand the reasons, however i do believe my original word was the correct one.
  6. hi all, i have also had an exact copy of this letter last week, i also have the same T&C's as beach posted (v9), but im my case they are not printed on the reverse, i have 5 sheets of A4, all blank on the reverse. (my thread is here to see them) http://www.consumeractiongroup.co.uk/forum/capital-one/208671-being-harrased-capital-one.html as with you, these terms bear no resemblance to the last lot of T&C's i was sent, and also refere to £20 fee's, where as previous T&C's said £12. i have heard a couple of people now mention Crapital ones "creative dept" and the sugestion that they are adapting the T&C's to suit. now if this is so, surely this would be a deliberate attempt to mislead.
  7. Hi all, i had the following letter from capital one today and it enclosed a copy of my signed CA. and they included this.... and these "terms & conditions" so capital one have sent me a copy of the signed credit agreement, but i dont think it has the required prescribed terms. any advise anyone?
  8. hi again all, i have had a response from capital one to my "harrasment by telephone" letter i sent them. i imagine it is the same as many others, "we have an obligation to contact you..." "trying to speak to you to see why you have failed to bring account up to date...". " sorry you feel these calls are harrasment as this was never our intention..." (ohh you little liar, the calls are intended to exactly that, intimidate me into paying back an unenforcable debt) "we use an automatic telephone system..."."calls will continue until..." you submit. "once you have made a payment agreement the calls will stop" "i can see that you have previously requested these to be stopped, however i can see that when you advised us that you where going on holiday recently the calls where stopped until ...." ehh??, i have never spoken to you so when did i mention a holiday i didnt go on? "i feel we have complied with both the communications act and the administration of justice act" " i also understand that you want us to contact you in writing only, well we wont be honouring that request unless you provide us with a valid reason" "you've mentioned that you will record any further calls from our collections dept. please be aware if you have not gained the authority from the adviser, you will not be able to use these calls for any action you may wish to take" as a private citizen, i beg to differ any further questions please write to me within the next 4 weeks or i will assume your complaint is closed yours sincearly james bell head of executive response centre no less, im impressed... not i am tempted to reply with a letter along the lines of "far from my complaint being closed, it is now in the hands of the OFT. Trading standards and ofcom"
  9. Hi again, i have received 2 letters today, the 1st was from Capitol One and is a "statement of default" informing me that i am now in default and their agents will be contacting me shortly. and in the same post a letter from Debitas informing me that capital one have instucted them to collect the alleged debt. i have drafted the following reply to Debitas... ACCOUNT IN DISPUTE Date: **th August, 2009 Dear Sir or Madam, Account number: **************** Your reference ****** I am in receipt of your letter dated **/**/09 This account is in dispute and has been since **/**/**. Capital One are well aware this dispute exists, and I am dismayed that they have chosen to ignore several laws and guidelines, and have passed this debt on to you Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading’s debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My previous dispute from **/**/** has NOT been answered. As Crapital one are now in default of my Consumer Credit Act 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 dispute, enforcement action is NOT permitted; under s127 this constitutes a complete defense at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to Capital one for resolution of these defaults and breaches, as Debitas cannot lawfully pursue any enforcement activities. If Debitas chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Trading’s Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing Yours faithfully Any comments or thoughts before i post this reply Cheers Mick
  10. hi all i have now recieved a letter from a company called impact (vanquis's in-house collection??) inviting me to contact them and make an offer of monthly installments. it says that interest and charges will be frozen if i make this agreement. i am concerned that because i took this card out after the new regs came in that i will come unstuck if i don't sort it now. as mentioned above, the reply i had to CCA request was a blank application form and some terms & conditions. any advise as to whether i should try and form an agreement with them as offered in this latest letter? Cheers Mick
  11. can anyone point me in the direction of a template for the account in dispute letter cheers mick
  12. can anyone point me to the list of letter templates please, i cant find them
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