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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

robcag

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Everything posted by robcag

  1. robcag
    Typical stuff that they say on the telephone but wouldn't dare to put in writing. I'm not sure whether that's unlawful, but if not I'm pretty sure it goes against OFT guidelines on debt collection to try to encourage further borrowing. Exactly the same thing happened to me 5 years ago with 2 similar MBNA credit cards, that's around the time I found CAG. At the time I had been talking to them on the phone, but I CCA'd them and the telephone calls stopped immediately. No agreement was ever produced and now all I get are roughly annual statements with no pressure to pay anything. Which reminds me, I didn't press them to refund the 2 x £1 fees paid for the CCAs which I didn't receive. Probably not worth wasting postage on but maybe I'll contact them by fax (witholding my own number of course so they'll have to write back!) and have little fun ... Another year or so and they're statute barred. So do as DX suggests and CCA them! Rob
  2. robcag
    It happened to me a few weeks ago, see http://www.consumeractiongroup.co.uk/forum/showthread.php?366642-New-sly-trick-from-Muck-Hall I just checked my records and it started with 1 call on 25/9/12 and they've tried a further 6 times to date using the local Caller ID. None of the calls have been answered. In my case it definitely wasn't a local agent as I called the number back twice, but withholding my own number. Both times I was answered "MacKenzie Hall" in a Scottish accent with call centre rabble noise in the background. Rob
  3. robcag
    I don't think you've mentioned when these alleged debts were taken out. If the loan is pre-April 2007 it might be worth CCA'ing NW, although some on CAG would say send the CCA request to WetCloths as they are chasing it. It's probably a good idea to SAR RBS/NW for all information they hold on you for all accounts that you have with them (RBS group). Regarding the overdraft, amongst the things you should specifically ask for, make sure you ask for copies of any and all 'Facility Letters' relating to the overdraft, and also a complete 'Diary Event History' which should show if/when the facility letters were issued. This should hopefully pre-arm you just in case NW do issue a court claim further down the line. IMO they are unlikely to issue a claim via mickey-mouse WetCloths and co. Rob
  4. robcag
    I just had a quick scan back over the thread and notice you already had a letter from Nelson G! Rob
  5. robcag
    Yes, 'further recovery activity will be undertaken'! This usually means they will occasionally try and contact you by phone, and further letters will undoubtedly follow. I've always ignored these and nothing bad has happened. You may start getting 'one off' offers of discounts or offers to accept reduced payments. At some stage you will probably get a letter from their tame solicitor Nelson Guest stating that "... legal proceedings may be commenced without further notice" - note the words are 'may be' not 'will be'. That's just my experience, it doesn't guarantee nothing will happen in your case, but if you read the letters more than once you should be able to read between the lines, if you get my drift. Rob
  6. robcag
    I think everyone said ignore it not 'bin it'! Although it may not ever be needed, you never know when it may come in useful if, for example, you ever have to raise a complaint or sue them for harrassment. Rob
  7. robcag
    Even though others may say Experian and Equifax reports are the most up to date, it might be worth registering for a 'free-for-life' Noddle account whereby you can get monthly updates which are taken from Callcredit records (who own Noddle). Although it's free, you still need to enter details of a current credit card purely for ID purposes - no money will be taken. www.noddle.co.uk Although things may be different nowadays, it was a fact that 3-4 years ago my Callcredit reports always held far more info than those from the other two main agencies. Rob
  8. robcag
    When you SAR NW, amongst the things I would advise you to specify, is to ask for 'Facility Letters' for the overdraft and a complete 'Diary Event History' (their name) which should show if/when said letter(s) was/were issued. The chances are that they do not possess such letter(s) or information and if they are then silly enough to take you to court you will be able to successfully defend against their claim if you use the right arguments. See; http://www.consumeractiongroup.co.uk/forum/showthread.php?241052-Irwin-Mitchell-NastyWest-overdraft-claim-***-Won-With-Costs*** NW handed my alleged debt over to RobbingScum Way after their court claim failed, who have so far wasted their resources trying in vain to communicate with me although I just checked my records and they haven't tried phoning since 31 July 2012. Rob
  9. robcag
    I'd say depending on when the credit card was taken out (before or after April 2007) the first thing to do would be to request a copy of the agreement via a s.78 CCA1974 CCA request (letters can be found on the forums). Use a Postal Order for the £1 statutory fee and don't sign the letter with her usual signature. Finding out whether or not NW hold an agreement may put her in a better bargaining position if the result is 'not'. However, be aware that they are permitted to provide a 're-constituted' agreement for s78 requests, although according to OFT guidelines, they should only do that if they do hold the original (or a copy of it). She may be extremely lucky (as my partner was for one of her NW cards), and they may write back saying they do not hold an agreement and that the debt is not enforceable by a court. Has she ever missed payments and been issued with a Default Notice? If so, hopefully she has retained this, as there is the possibility that the DN is defective. Rob
  10. robcag
    DN issued 9/10/2009 (Friday), if deemed served via 1st class = 13/10/2009 (Tuesday). Add 14 clear days = 27/10/2009 (Tuesday). They stated 26/10/2009 (Monday), so they're bu88ered however they posted it! Rob
  11. robcag
    I'd say you have a very good chance of defending it; 1. The DN is defective in that they have not allowed time for service, it's short even if 1st class postage was used. 2. The application does not contain the prescribed terms - let's see what Andy's suggested s.78 CCA request turns up. Rob
  12. robcag
    Good points there SP. Further to your suggestion of £5K, perhaps the level should be linked directly to the Small Claims limit. Rob
  13. robcag
    As the others have said, ignore the letter at this stage, and whatever you do, do not speak to them on the phone at any time. If they decide to chance their arm and send you further letters detailing some alleged debt which you may or may not recognise, feel free to ask here for further advice. If they've managed to track your phone number down no doubt they'll try and reach you that way at some stage. If you've got Caller ID here are a couple of numbers to look out for (and ignore); 08453709280, 01903704420. That's just the ones they've tried to call me from but they probably have plenty more. If you do accidently answer the phone to them don't confirm your name or anything else to them. Rob
  14. robcag
    There have been several threads about Next and their antics over the last few years. Basically they failed to get people to sign agreements when they opened their accounts and they have then attempted to get people to sign agreements much later when they realise their mistake or the account goes bad. They tried the same thing with my partner a few years ago even though her account was in order, see this thread started 2007; http://www.consumeractiongroup.co.uk/forum/showthread.php?120119-WARNING-quot-Next-Directory-quot-trying-to-pull-a-sly-one&highlight= I don't think I'd waste the time and money CCA'ing them when they've already stated in writing to you that they do not hold any written agreement, that's their tough sh1t. Just keep that letter safe for future use. It's now up to you to decide how much you pay them, or whether you pay them anything at all. Rob
  15. robcag
    Perhaps I am mistaken, but without re-reading the thread, I was under the impression that a SD had not been served on the OP. Rob
  16. robcag
    They think their name means they really are regal, and as a result they try to rise above their station. Late last year after making various threats which were ignored, apart from me replying to the one which threatened court action in order to point out the error of their ways, they actually passed their activities to PJH Solicitors who made the mistake of issuing an unwinnable claim against my partner regarding one of her NatWest credit cards (not via Northampton, but straight from our local court). It wasn't too long before they had their backs against the wall and were forced into discontinuing and paying costs. Which has just reminded me that I had my doubts whether RBS/NatWest even knew the claim had been issued even though they were named as Claimant ... Rob
  17. robcag
    It all depends when these accounts and overdraft were taken out whether or not you can use the lack of an agreement containing all the prescribed terms to defend against any potential court claim. The relevant date is 6 April 2007, this was when ss127(3) and (4) of the CCA 1974 were repealed. Regarding the overdraft, for the bank to be able to claim exemption from having to comply with Part V of the CCA 1974 regarding properly executed agreements it must be able to show that it has complied with all the conditions set out in the directive issued by the Director of the Office of Fair Trading. One of those conditions relates to the bank issuing to you 'Letters of Facility' for the overdraft - if they can't show they have done so then they are not exempt and must produce an agreement containing all the prescribed terms. To find out whether they have copies of these letters (if any) your best bet would be to SAR them. For a better understanding of what I am getting at read my thread here; http://www.consumeractiongroup.co.uk/forum/showthread.php?241052-Irwin-Mitchell-NastyWest-overdraft-claim-***-Won-With-Costs*** Rob
  18. robcag
    AFAIK the fuel allowance hasn't been increased from 40p per mile, at least for attending court, although I stand to be corrected. Also I'm pretty sure that what I said at post #214 of this thread applies, see http://www.consumeractiongroup.co.uk/forum/showthread.php?272578-HFO-Turnbull-Rutherford-Morgan-Stanley-***DISCONTINUED***&p=3978589&viewfull=1#post3978589 I'm not trying to save money for the enemy, just trying to make you aware of a couple of 'overcharges' which may get picked up depending on the judge Rob
  19. robcag
    AIUI the amount of the alleged debt was at least partially disputed, therefore it appears there were triable issues which should have been resolved via a court claim. In this instance the petitioner has been allowed to side step the court claim /CCJ process, which as you know is against OFT guidelines on debt collection. Rob
  20. robcag
    I'm glad you're happy with your result, but, not wishing to put a downer on it, I can't help feeling you'd have been better following 42mans advice. By paying the sum demanded you've let them get away with using the bankruptcy process as a tool for debt collection, a disputed debt at that, and they hadn't even served the SD on you! Just my opinion, so sorry if that's not what you want to hear. Rob
  21. robcag
    This very short thread detailing a case where a husband was allowed to represent his wife at a hearing will probably interest you; http://www.consumeractiongroup.co.uk/forum/showthread.php?233755 A couple of years ago I successfully made an application, quoting that case, for permission to be able to represent my partner, stating that she did not understand the procedures etc. sufficiently enough to be able to defend herself. I submitted the application (n244 ISTR) a week or two before the trial hearing but the judge heard it immediately before the main hearing. I think he had already decided that it would be OK and simply asked the enemy if they had any objection, to which the reply was "No". Rob
  22. robcag
    I used to subscribe (about 3-4 years ago) to a service called 'checkmyfile' which gave me access to reports from all 3 main CRAs, updated once a month for £15 every quarter. Of the 3 agencies CallCredit (who own Noddle) was always the most complete, whilst the other 2 (Experian and Equifax) held much less data, at least in those days. I now have a free Noddle account, but something I noticed only recently are the buttons near the top right of the report (after selecting 'View all XX accounts') which allows you to switch between 'Open Accounts' and 'Closed Accounts'. Selecting 'Closed Accounts' allows you to view older information on some accounts which may have been assigned to the DCAs listed in the 'Open Accounts' section. Just thought I'd mention that in case anybody else hasn't noticed it Rob
  23. robcag
    Apologies DX I read your post too quickly and posted in haste! (Had some food cooking and didn't want to spoil it - excuses, excuses I know!) Rob
  24. robcag
    Well if it was me and an unenforceable CCA (or none) turned up, I wouldn't be paying them a penny, let alone £1 per month for any amount of time Rob
  25. robcag
    NG are kept in a small cupboard under the stairs at WetCloths and are only let out from time to time. They don't have many teeth so probably best not to feed them a letter as they'll only get excited. Personally, I'd ignore them - it's never done me any harm. IME I've just got further begging letters from WC which I've also ignored. Rob

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