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DT&FE

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Everything posted by DT&FE

  1. Please can someone reply and adivse with this predicament
  2. I think it was actually 2008, but not sure that's why I asked for the documentation, I also wanted to see if I had PPI?
  3. Sorry I forgot to add a forth question: Is a letter requesting documentation counted as an addmission of the debt and does that mean it would not be SB'd until 6 years after the letter?
  4. Folks I could do with some advice. In Nov 2009 I received a letter from IMPACT CS, stating that a Vanquis account was overdue by 81 pounds and that there was a balance on 763.41 with 72 hours to pay, a week later the same letter arrives. I sent a letter in early December under S78(1) of the CCA requesting a true copy of any agreement with the satutory fee. A week later ireceived a default notice from Vanquis (117 minimum payment, balance now 811.89). Late December a letter arrives from Vanquis stating they have enclosed a copy of the executed agreement. This was a blank colour copy of an application form with terms and conditions attached. A week later another letter from IMPACT CS asking for payment. In early Jan 2010 I send another letter to Vanquis stating the document supplied does not meet S78(1) CCA requirements at the same time send another letter stating account is in dispute. In late Jan 2010 I send a letter to IMPACT CS telling them not to continue with thier telephone harrassment. In early Feb Vanquis reply stating and I quote: "with regard to your request under Section 78 of the CCA. We are required only to provide you with a true copy of the executed agreement. We are not, however, required to provide you with a copy of the executed agreement between us in the form of a photocopy of that document. Please be advised that it is only necessary for us to provide the 'signed copy' of our agreement to which you allude, in a court of law should Legal proceedings be undertaken by us, and not at any time prior to this." Then the letters stated coming at regular interval from 1st Credit (3), DHS (1), CARS (3), all were sent the 'dispute letter'. Then in May 2011 a Notice of Assignment sent from Arrow, then Fredrickson (4), Bryan Carter (3), Rossendales (3), Moorcroft (1), Midas (1), then Shoosmiths write in Dec 2012 saying court action. I then get a claim form from the Northampton bulk centre which including cost is now for 990.68, my questions are as follows: 1) Do I defend this claim? 2) Are Vanquis correct in stating that they have to provide such before going to court? 3) What do I do? I really cannot provide any meaningful defence if they do not provide me with the correct documents
  5. Guys We're now in a similar position with Salans getting aggresive on behalf of Welcome. They have demanded an I&E form be completed but as we have learnt from this site that can only be requested/demanded by a court. An interesting fact is that when we took this loan out (in 2008)8) Welcome knew it would put us into negative equity, but they were confident the house prices would continue to rise!!!! Even our mortgage company contacted us to say they would agree to the second charge but we had to be aware that we were getting into negative equity. My understanding, from others, is that SALANs are very very agressive.
  6. folks This crowd are chasing us for one figure (from Littlewoods) which is nearly £150 more than the last statement from Littlewoods, but they are claiming that the debt was sold to them for the higher price and as such that is what we have to pay. Is this right?
  7. Pitsy Thanks it will be in the post today. Does anyone know if it is against Welcome company policy to let people have both secured and unsecured loans at the same time. I have heard it is?
  8. folks we are getting between 10 and 15 phone calls a day from welcome regarding a 'joint' account. we do have one with them (secured) and agreed with that we would pay reduced payments for two months then go back to the normal payment, this we did. However we are getting default notices on this account despite paying it and we have the evidence via bank statements that this is so. I refuse to answer their security questions and despite writing to say i will only deal with them in writing they say this simply can't happen as they cannot access my account unless the questions are answered. They are now trying a new tactic leaving a message on our phone to say "our systems have detected that this is an answerphone if this is incorrect press1".............do they think we are stupid.
  9. St8 well done for you endeavours to date. I wonder if we could tap into your experiences? The OH had an account with this crowd and following a SAR we found that over £1300 was applied in charges when we questioned this the stated that they debt had been sold and that that's the end of it!! Can we still claim the charges back and can they sell this on without informing us?
  10. Teaboy2 et al Sorry we haven't been on this thread for a while but just to let you know our local police force deemed that a prosecution was not required and decided to ensure that Roxburghe returned a letter of apology and that was the end of it. We tried to pursue this as harrassment but no solicitor would take it on, seems like the littel guy (and woman) still don't get the protection of the state but the big and bad guys do. On a positive note we're sleeping!!!
  11. Folks We're in a similar situation with Littlewoods/Shop Direct and now passed to a company called Lowells. We have calculated that to charges applied to the account over its lifetime (4 years) have been approximately £1323. We are not disputing that there is an outstanding balance of £128.64 for goods and would happily pay that, however Lowells are demanding over £900. They have said that as the alledged debt was legally 'assigned' to them on 12/01/2009 I have no legal right to recover any charges as they were applied by Littlewoods/Shop Direct rpior to sale. I find it strange that a company would wait over a year to contact us and in that time they have applied £306 in charges. We were only able to establish what charges had been applied following a SAR. All we got in return was a signed credit agreement, which we never disputed! Our question is: Are they correct, in so much as we have no right to challenge these charges?
  12. for those who still or have worked for Welcome can someone tell me if they have a company policy regading the number of loans any individual can have?
  13. letter received from DCA stating "opportunity to save 20%, blah blah blah pay this amount" on a disputed account. I wrote back stating "Opportunity to save 100% EMBARASSMENT" provide a credit agreement!!
  14. Guys my wife is also being pestered by this lot. She had a catalogue account and she CCa'd them they sent back a blacnk credit agreement that someone elso had filled in her details (different handwriting) and there is no signature in the box. This account is being loaded by £12 every two or three weeks despite her telling them that due to the excessive charges the account was in dispute. Latest letter states " your conduct in this matter is unacceptable and will not be tolerated" are they all huuf and puff?
  15. Paulwlton Thanks does this mean that such agreements are enforceable in court? I am not trying to get out of paying the debt, i just need a bit more time to get other things paid off and i will then address this, I would not like to end up with a CCJ (plus interest, fees etc.) for £670!!!!
  16. Folks Am I right in thinking that a 'true copy' must be just that i.e. a photocopy of the SIGNED original agreement? I have submitted a number of cca requests and have received copies of agreements with my/our details on but nowhere does it have our signature. In fact one has had our details handwritten on the agreement with a photocopy signature for the company rep. Again nowhere does it have a 'copy' of my signature. The question is does this represent a 'true copy'? Creditors are saying it does.
  17. folks I phoned FOS regarding similar letters from these clowns and they are well known to FOS. They took all the details over the phone, acknowledged that the content of the letter was tantamount to threats and will take it up with DLC. THEY EVEN RANG ME BACK TO SAVE MY PHONE BILL! They also stated that any repayment agreement had to be what was affordable to me and not what the DCA wanted! Inieterestingly i have also been informed that logging such a complaint helps should these characters every get to court.
  18. Everyone In my excitement at eventually finding the thread, I forgot to thank everyone (and you are too numerous to mention) for their advice, guidance and more importantly the support I needed to take on these people, I am ever grateful. This new found confidence had allowed me to challenge them all, the war isn't won, but it is winning each individual battle and standing up for my LEGAL rights that has been has given me more and more confidence and one day I hope to be confident enough to GIVE advice and if I can claim anything back, DONATE. A quote from the FOS, whilst raising a complaint (he he) "these DCAS are bullies, cheats and generally liars. If they found you hanging off a cliff by your fingernails they would ask you to make a payment before they helped. The more consumers that complain the more chance we have of dealing with the more notorious of them" Once again folks THANKS
  19. robcag et al Sorry for not posting this earlier (i took me ages to find the threead again!!!!) but I WAS SUCCESSFUL IN GETTING THE JUDGEMENT SET ASIDE!!!!!!!! Maybe one of the site team could change this to WON
  20. I can't go into the details because it is still on going but I have been informed by a solicitor (who has agreed to take the case on) that the law permits for the repayment of monies paid towards an unenforceable debt. HOWEVER it is difficult and can be a protracted process, the only benefit is that in the current economic climate the last thing banks want is their name in lights regarding taking money that wasn't 'legally' theirs. I am lucky and have found a solicitor that thinks he can win and make a name for himself!!! I will let you all know what happens and will make a donation to the site as it was because of advice from caggers that gave me the confidence to do battle.
  21. folks Sorry for the delay in getting back to everyone, the bl***y internet was cut off!!! However wne to local police they took copious notes they will take things forward, also will speak to SS and find out when if any complaint/suggestions were made to them. Feel much more relaxed after talking to them. They are apparently getting more and more complaints regarding these companies and their actions. Thanks everyone for your help and support and we'll let you know how things progress.
  22. Teaboy2 Will do, off to bed now for something I haven't had in the months since Roxburghe stated hassling my wife, I'd like to think so, but it's only agood nights kip! Reasons to be cheerfull............. part 3
  23. teardrops my friend, teardrops. we can't thank you enough
  24. Thanks you're an angel, bailing out to write letters as soon as you let me know how to word a CCA request. We have already contacted Social Services as we were really worried about that threat. Never thought of contacting the Police, will do that tomorrow, I even have the names of both persons on the recording so they should know who to speak to. I'll keep you up to date with progress. A big big thanks from us and the kids!!!!
  25. Teaboy2 Thanks, do I SAR them or is a CCA request something different. If so what is it and how do I do it?
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