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hme.4x4

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Everything posted by hme.4x4

  1. Thanks Bazooka, no, they haven't adjusted the default date. Lloyds hadn't recorded the default on my CRF but they had defaulted the account in 2004. Arrow Global have recorded it on my CRF with the original default date of 2004 on the 17th. of this month. As I said, I've never heard of them until now and haven't had any contact from them. Hopefully, I still won't as they as still using my old married name and my old address
  2. I am not sure what to do about this (if anything) I CCA'd several creditors about 2 years ago and happily most of them did not have an enforceable agreement. So I have not paid any of them for 2 years. The defaults have all fallen away from my CRF except for one which will come off in May. I checked my file today and find that Arrow Global Ltd have placed a default on my file for an amount of £2700 +. I have had no letter from them, no notice of assignment and no default notice, in fact I had never even heard of them until today. I am not sure, but I think this is for a Lloyds TSB account from 1995. Lloyds didn't respond to my CCA request and I informed them after waiting a very long time that the account is in dispute. They never replied. The default is recorded as 09/2004 so should fall off in September anyway, but Arrow Global have updated it this month. It is recorded in my previous married name, a name which I have not had for 9 years. I have recently moved house so they don't have my new address either, and, for this reason I don't want to contact them at all. I have been looking at other posts on here and am worried that Arrow Global seem to be a bunch of heavies who take people to court and go for bankruptcy. What do I do?
  3. Sheena I can clearly see all of your details.
  4. Whew! thanks Scott, I was beginning to have visions of having to go through it all again in reverse! I was so lucky to get this sorted before the result of the test case, if it wasn't for CAG I don't think I would have had chance
  5. I had all my charges refunded under the Hardship rules. Since then Abbey have surprisingly been romancing me to come back to them as I opened a parachute account before I reclaimed the charges. I have been thinking about this as I have had my Abbey account for many years. However, today I received a generic letter explaining that due to the test case result they will not be repaying any charges and they considered what they charged me to be fair. Included was a 'How to manage your debt' leaflet. My question is that seeing I have received my refund of charges and they won the test case, what happens now? Will they try to get the money back?
  6. I have just moved house....looks like I am NOT going to be registering on the Electoral Roll...ever again
  7. I got a mountain of papers from Wescot following my SAR for an old MBNA debt. Most of it double and triplicate copies of the same document. It makes interesting reading. Emails between Wescot and MBNA show that MBNA don't have any documentation because the account is too old. They also told Wescot that they do not default accounts unless they keep the account and take legal action, but as it has been sold to Wescot there was no Default Notice sent. (They registered a default on my CRA one month before selling it.) Wescot are maintaining this default and as the SAR proves, there was no default notice sent, there is also no Notice of Assignment. In their hysterical emails to MBNA Wescot said that they were considering writing off the debt if MBNA didn't supply. This debt was for £5,500 and it looks like they paid just under £600 for it. They sent me an unenforceable agreement (App form and poor copy) I haven't paid them anything for 18 months now and this account is over 8 years old. This SAR was the best tenner I ever spent, but now I don't know whether to write to them and tell them to whistle for it or just cease contact?
  8. Thank you very much yourbank, that really helps to clarify things for me. I will get on to them tomorrow.
  9. Yourbank I don't think they mentioned freezing interest. I just can't understand how they can add charges when I don't owe them anything and the balance is zero? WelshMam I do want to challenge asap but don't really know how to start with this one?
  10. Well, silly me, I thought it was over. I won a full refund of my charges from Abbey under the hardship rules which brought my account to zero balance. I am not using this account now. The celebrations didn't last long. I have just checked this morning and they have added 'Interest Charges' for August totalling £33.33! Can someone please tell me what they are playing at? How on earth can I have interest charges on a zero balance?
  11. This might help I got this from here; The assignment under is subject to certain conditions all of which must be met in order for the assignment to be effectual in law. The conditions which must be met are as follows: Treitel (The Law of Contract 11th Edition) defines "assignment" as the process under which the benefit of a contract may be transferred to a third party without the consent of the party liable under the contract (see pages 701 to 702). For an assignment to be valid, the following requirements must be satisfied (see Treitel pages 678-682): 1) the assignment must be in writing under the hand of the assignor (s.136 Law of Property Act 1925) 2) there must be an intention to assign 3) the assignment must be communicated to the assignee by the assignor 4) notice of the assignment must be given to the debtor. If these conditions are not met, then the assignment is not valid in Law and the title, benefits and burden of the account rest with the assignor. The status of data controller also only passes to the assignee upon lawful perfection of the assignment. A notice served by the postal service is only deemed served if it complies with the requirements set out in Sec 196 of the Law of Property Act 1925 Ie. recorded or registered delivery. If the date on the notice is innacurate then the notice is invalid.
  12. I had a reply from Trading Standards who said 'Harrassment of a debtor (I am not a debtor here I don't owe them anything!!!!!) is a potential trading offence' and they have referred it to my local Trading Standards office who wll contact me within the next three days. In the meantime these damn calls will no doubt continue. I think your advice is good 42 man, I will send the LBA tomorrow.
  13. I had a complaint with the Ombudsman against BT and they ruled in my favour. BT were ordered to pay me compensation which they did. They made a mess of it though and overpaid the compensation order by £45. Then they sent me a one off bill wanting their £45 back. I did, and I owe BT nothing at all, don't even have an account with them. I had a threatening letter from Consumer Credit Services demanding the £45 plus this fee that fee etc etc giving a balance I am supposed to owe them of £154!!!! Then I started getting calls from Consumer Credit Services early in the morning. I refused to answer the security questions but knew what it was, when I asked them is this for Bt they said it was. Told them it was paid and I didn't want anymore calls, and put the phone down. Had more calls and when I said these calls better stop, they said they would not stop calling me. I sent the Telephone Harrassment letter enclosing a copy of the online bill showing PAID. Today I came in to a message on my answer machine to call this number, quoting this reference number and then a slimy threat; 'It will be in your best interests to return this call without delay' I checked the number and it is S C Gray Solicitors. Seems that Consumer Credit Services must have passed it on to them. S*d them, hope they are reading this, TAKE ME TO COURT, I can't wait!!! :D:D
  14. Medical Records are confidential and subject to the Data Protection Act. Do not give them this information and remind them that you would not be in receipt of IB without the DSS having confirmed your medical problems with your GP.
  15. Thank you for the good advice. Raydetinu, as you advised I have reported this to the Council. They have immediately responded with a 'reassuring' email and informed me what procedures they have followed. Which of course I already know as I was there at the time. This though is only shutting the stable door after the horse has bolted. I also spoke to the HSE and the have breached the rules by not surveying the job before commencing work. Sali, I will speak to my doctor too, and I did take photos before it was covered up. What really bothers me is that all employees have been taken off the site, they are not allowed to undertake any work in my kitchen, but I am living here everyday. I think this may go on for a while.
  16. Just a follow up. The material was tested yesterday and I spent several hours on the phone trying to find someone who would give me the result. Finally, a manager of the council and another from the Asbestos removal company turned up. It is Brown Asbestos. They did an air sample which was negative, but I wonder if doing an air sample 4 days after the event is worth while? They were reassuring and said that it had not been disturbed, also have informed the HSE for permission for the removal in about 14 days. In the meantime they have covered it with plastic and taped it up. Can someone advise me please what I should do now? I would like this reported for future reference, or even obtain legal advice?
  17. Good advice, thank you. I have as I said already placed the account in dispute and stopped paying them and they still haven't come up with an enforceable agreement. The reason I wanted a NoA from the OC is because I believed that is what should happen. Anyone, even the milkman could write me a letter to say he was now the owner of the debt, and without a OC NoA I wouldn't know any different.
  18. Wescot entry on the FSA register! Firm Search Individuals Search CIS Search EPF Search Appointed representatives / Tied agents Basic details Contact Disciplinary history Individuals Names Passports Permission Principals Regulators Rule waivers Search again Basic details for: 312029 - Wescot Credit Services Limited Current status:No longer AuthorisedEffective Date:06/02/2009Tied Agent:Undertakes Insurance Mediation:Registered under Money Laundering Regulations:Address:PO Box 137 Dunedin House 45 Percy Street Hull North Humberside HU2 8HF Phone: Fax: Email: Website: 44 01482 590 590 44 01482 590 591 mark.bristow@wescot.co.uk Notices:Other information: Legal information | Freedom of information | Privacy Policy statement | Contact us © Financial Services Authority | Page last updated 26/07/2009 00:00:00 FSA Register Searches Interim authorised Exchanges E-money E-commerce Prohibited indiv. Disqualification Disapplication Certified pub. Contact us
  19. I think I need to put this in order of events so that people can understand. I entered into a DMP about 5 years ago having been left with a mountain of debt from my previous OH and being on Incapacity Benefit there was no way I could handle it as the charges for interest were just about killing me. This account was one of the ones I entered into the DMP with. I have never received a Default Notice or Notice of Assignment from the OC or DCA. None of my creditors have produced an enforceable agreement, some haven't produced anthing at all, so I stopped paying them through the DMP in June of last year. This DCA produced a mailer Application form which had alterations on it and was completely illegible. I asked them for a copy of the DN and the NoA. They sent a home made NoA which was dated 3 months after they had defaulted me on my CRA reports, no DN at all. Now they are saying I responded to the NoA (which I never received) It was purely co-incidental that I entered the DMP shortly after that. They do not have an enforceable agreement, they have persistantly failed to supply the copies of the original DN, NoA or true copy of the agreement and they have recorded a default on my CRF for five years, which they refuse to remove. The dates they have given have changed in every letter I have had from them, they don't seem to have accurate records for anything related to this account, pick a date any date will do. Following advice on here, I have told them I do not acknowledge any debt to them until they produce a valid CCA. Are you telling me this now wrong? I am not going for the SB route, I am just trying to get correct documentation as I have been requesting it for months, and, if they can't produce the documentation I want the default removed.
  20. I don't want to name names here right now as I am at a tricky stage with this. I have received a letter this morning from the compliance dept of a well known DCA with a HU 1 post code as follows; You state that you do not acknowledge and debt to HU 1 but you have already made such an acknowledgement as following the assignment you made payments to us. It is now too late to say you do not acknowledge it. The Notice of Assignment was sent to you on XXXXXX, They have already sent me a home made copy dated three months later than this. I apologise for the typographocal error in my earlier letter which referred to XXXX. Whilst I cannot be absolutely certain that you received the Notice, the fact that 11 days later (on XXXXXXXX)) we received correspondence from the Debt Counsellors on your behalf, it is a reasonable assumption that you did receive the Notice. If you had not how would they have known to contact us? I entered into a DMP at that time. I note your comments regarding legal defination of 'legal assignement' but repeat that the Notice was sent to you and I believe was communicated to you. It was not returned to us and you commenced payments after this. However, if, which is not accepted, the provisions for legal assignment have not been met, the transfer of the debt to HU 1 would operate as an equitable assignment. I deny , therefore that any activity we have undertaken is unlawful. I have already explained to you that I believe we have complied with the provisions of the Consumer Credit Act wth regard to documents which have previously been provided to you. In the circumstances, I believe the entry at the credit reference agencies is valid as it accurately reflects that you failed to pay the account. I sent them a SAR last week and this letter was sent the day after they received the SAR. I have persisted in trying to get; A true copy of the executed Consumer Credit Agreement and not a mailer Application Form. A true copy of the original Default Notice which you claim was furnished by the original creditor. A true copy of the actual Assignment from the original creditor to HU 1. A true copy of the original Notice of Assignment which HU 1 claim to have sent. They have persistantly failed to send any of these and I am waiting with interest to see what they can rustle up for the SAR request. Can anyone give me their advice on this please??????????
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