spaspeckerthedull
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Everything posted by spaspeckerthedull
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I'm gonna have to double check my royalties account status, back in 2001 I was told I couldn't use the account as a current account and that it was to be used to pay in ONLY, ever since then the balance has increased to over £5k from my agreed monthly payments. I got a letter from CMS earlier this year saying that all funds in that account were now transferred to another and that the royalties account was to be closed
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Yes, PPI figures are stated in the paperwork I have, and yes as far as Ive been made aware on this forum they have no case for repayment due to missing signed CCA, although I am fairly twitchy after reading tiglets response in post #100? I'm not worrying about claiming PPI expenses, but I am wanting the paperwork pertaining to the royalties account to be able to claim the charges I paid back in 98 - 99, they should be quite an amount as there was a lot of malarkey going on at that time with my wages etc. and DD's going out with insufficient funds etc.
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UPDATE: now receiving threat-o-grams from parker bourne, who are telling me that all correspondence/offers of payment (made me smile that did) must be made to CDUK. Why are a supposed solicitor now writing on behalf of a DCA who are acting on behalf of EGG who have all been asked to provide a CCA (and haven't) and who do you complain to about a solicitor?
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yes - CCA has never been provided, just the usual signed application but I do have in my posession the banks copy of the agreement, I must have pocketed it by mistake the day it was agreed - although it is only a printed document that contains no signatures it does have "bank copy" printed on it and AFAIK I don't have my copy of the original credit agreement either
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don't think so, as far as I'm aware it hasn't gone to a DCA (unless that's what CMS telford are) I remember the account was kept open for me to pay into only - I wasn't actually allowed to use the account as an account - and it was closed by them earlier this year as the outstanding balance (what I owed them) was paid off. I've already CCA'd them on the outstanding loan account to which they haven't come up with a signed agreement, but that's a different thread. My other query is related to the S.A.R - (Subject Access Request) problem though, I need to know if I can claim back PPI on the loan but can't put anything together as they haven't given me the info? I'm in a bit of a catch 22 with this
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but my account hasn't been terminated?
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if I follow the court route what's the chance of getting any of my information from over 6 years ago? all the stuff they've sent me - and it's not a lot - is only from 2001 when the account went default and was passed to CMS, but I need the older info to be able to start my spreadsheet/claim? surely I can't do what they do and just make it up?
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that's what I've had from others on this site as well, how can I make them give me the info? they've already had the LBA and their response seems to be "so what" has anyone got a linky on how to instigate proceedings?
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just had a very interesting conversation that I think we should all know about - I just tried to ring trading standards re this and got through instead to their filtering service, consumer direct. The lady I spoke to told me that I now can't chase someone for breach of the administration of justice act section 40 as this particular act has now been repealed and replaced with CPUT 2008. This is something I did not know, maybe I should do some more reading up in the forums!!
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thanks for the quick response, I understand all this but would still like to get them done!! I don't think I'll have to put up with it for much longer anyway as I move house tomorrow and they aint getting my new address
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UPDATE: received another letter from RBS today, it's a list of what they have complied with under my SAR with the dates they sent the information to me. Only trouble is, it's still incomplete in that they have only sent partial information in answer to my original request and it only goes back to may 2001 when my accounts went default, I requested ALL info since the account inception (approx june 1995) to allow me to claim the charges from 1998 to present (I paid a LOT of charges in 98-99 due to changing jobs and salary payment dates, this meant I missed dd's and went over my overdraft a few times then got stuck in the charge loop because account was overdrawn due to charges being taken etc.) I'm moving house tomorrow so I won't be able to sit down and go through it properly for a few days, and probably won't be able to access here until my b/band gets switched on at my new address which may take up to a week so any quick replies will be much appreciated - I have until 1100am tomorrow 12th sept. thanks guys
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UPDATE: received latest threat-o-gram from robbinscum way today, this one says its from their legal services advisor LESLEY BOOTH and that she's preparing my file and if I want to avoid court action and further consequences I should call her IMMEDIATELY! There's then the usual deductions from wages, seizure and sale of property etc. but the bit that interests me is the section called "Court Fees solicitors costs and interest" where it goes on to say "When court action is taken additional costs and interest are added to the debt you owe. These costs can be substantial and THEY CAN BE AVOIDED. A creditor will take court action only if you fail to respond at all. Responding to letters and making payment arrangements may prevent these costs and interest being added. I advise you in all cases to pick up the telephone and save yourself ££££££££££££'s" I cannot begin to start to pull this apart to count how many breaches of protocol and procedure there are and I'm sick of it. Their responses to my CCA have been posted here and correctly worded letters have been sent to and received by them but they have managed to stop playing with their lego long enough to threaten "we may do this" and "we might do that". I've already reported them to the OFT who have replied saying they are instigating an investigation but this isn't enough - I want and mean to go after them. How do I instigate proceedings for breach of the 1970 administration of justice and the 1997 harassment acts? BTW the "outstanding balance" is £84.72 (personally, I don't find it particularly outstanding, I don't even consider it to be noteworthy! )
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UPDATE: received another threat-o-gram today from CDUK, this one is headed "INVESTIGATION WARNING" in big black letters just in case I missed it (or is it for the benefit of their simians in the office in case they're too distracted by their lego?) anyway, it goes on to say: Despite our previous correspondence your debt has not been discharged at an acceptable rate to our client. Unless payment is received within 5 days from the date of this letter, instructions may be passed to a local PRIVATE INVESTIGATOR to make all necessary enquiries prior to issuing proceedings in the County Court for you to be orally examined under oath. We may also make a search of HM Land registry with a view to placing a CHARGING ORDER on your property. Existing chargees may also be informed of the further charge. The above enforcement action may be taken against you following a successful County Court Judgement and continued non payment, therefore you are advised to contact this office within the time stipulated. ALL PAYMENTS MUST BE SENT DIRECTLY TO THIS OFFICE MADE PAYABLE TO CDUK AND QUOTING OUR REFERENCE NUMBER ON THE REVERSE. then there's the usual non existent persons signature. Should I be worried that they're threatening to send Jim Rockford round, I mean can CDUK afford $200dollars a day plus expenses? I must admit I'm getting fairly sick of all this now, I've already reported them to trading standards and FOS and sent them the get stuffed letter quoting administration of justice 1970 and the breach of ss1&2 of the Protection from Harassment Act 1997 and s127 of the Communications Act 2003, and I also reserve the right to seek civil remedy at the discretion of the court and a restraining order under ss 3&5 of the Protection from Harassment Act 1997. I now mean business. Can anyone tell me how to instigate proceedings against them for breach of administration of 1970 and the protection from harassment 1997?
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The scan Paul posted simply staggers me but reinforces my belief that the banks are absolutely unafraid of the regulatory bodies that we complain to, I'm wondering if it's worth contacting my MP over this and sending him a copy of Paul's scan? been trying to catch up on recent posts but am still confused. I can post scans of the "agreement" they sent me along with scans of the unsigned original I own later today. Also, am I to understand that what they have provided complies with the act, but as it is not an actual "true copy" but a reconstructed one and does not contain my signature it is unenforceable? Just need to know if because of this I can withold payment? Also, what's an appropriate response?
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UPDATE: letter received today from RBS concerning my CCA request, their response has left me confused: When responding to requests made under section 77 the bank may provide you with a "true copy" of your agreement in accordance with regulation 3(1) of the consumer credit (cancellation notices and copies of documents) regulations 1983. This means that under section 77 there is no obligation for the bank to provide you with a copy of the original agreement bearing your signature. A "true copy" does not need to contain any personal information relating to you as the debtor nor does it need to include a signature box, any signatures or dates of signature am I reading this right? to me this reads that they can just make up any old document, saying "you owe us xxxthousand pounds, forget the signature matey so just pay up cos we say you owe us" surely this can't be right? opinions please?
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fair enough, need to be very clear on this then. What's the first thing I should be doing? do I tell them to expect proceedings in due course or just hit them with it
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Thanks for the response - I don't have access to a scanner until tomorrow, I'll do it then. I also need to know what happens now that they are in breach of my original SAR and also in breach of the LBA I sent them, the response to the LBA is that they are investigating my complaint and have given themselves 8weeks to do so?!? how many more extensions are they going to give themselves? realistically how much longer is it going to take them to comply with my SAR to allow me to compile charges which, incidentally, will be quite a bit but are from around 1998 - 1999? are they dragging their heels because they know this?
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UPDATE: 6 days ago received a letter from RBS re my CCA explaining that they are currently unable to furnish a "true copy" of my loan agreement as due to the age of agreement it is held in "a secure offsite facility and will take some time to recover" received 2 letters from RBS yesterday, one apologising for passing account to green & co informing me account now on hold, and the other is a response to the CCA re my loan. The CCA one is interesting, they claim it is a "true copy" of my loan application, but all it is really is an office generated document that has inaccuracies in it - they have my address incorrect in that my name is there but they haven't put the house number, just the road name. Also, they have entered a different figure in the APR box to that which is printed on the original document (I have in my posession an unsigned copy of the agreement from the day I applied for the loan that has "BRANCH COPY" printed on it, I have no idea how I managed to take this away from the bank with me on the day) also, the "true copy" they have sent me is unsigned (of course) and nowhere on the document are any dates at all, which I find strange. Also, the text on my original "BRANCH COPY" does not correspond with the text on the "true copy" they have sent me, there are parts that have been amended in places. They have also got my name incorrect in that on the original "BRANCH COPY" it is made to me in my christian and surnames, the "true copy" has these but for some reason my middle name now appears. seems to me some "editing" has been going on opinions please?
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think I get it now - they've complied with their obligations under the act but still haven't come up with a signed agreement so can't force payment?
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any good letters knocking about with this quoted?
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so what do I do now? I understand what you are saying re their obligations under the act but they haven't sent a copy of a signed credit AGREEMENT, so am I wrong in assuming the account is unenforceable?
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re contact from a DCA - I know which letter you mean as I've already sent 2!! it doesn't help with the credit record though does it? what's the letter I've seen warning them about "de-faming my credit record" also, what's the point in firing off letters quoting correct points at law if when it goes to court there's a slim chance that you won't win, even though you are unequivocably in the right and the OC is absolutely wrong? plus - what's a DC? haven't come across that one yet but am learning?!
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sorry, I misunderstood OK, the info as supplied is this (I think I see where you're going with this) I've tried to replicate the statement: 2001 BALANCE FORWARD 28sep 10069.24DR 2002 IBP D/LINE 960.76 16apr 9108.48DR IBP D/LINE 2.00 17apr 9106.48DR 2002 962.76 30sep 9106.48DR then the next: 2002 30sep 9106.48DR 2007 21sep 9106.48DR then the next: 2007 BALANCE FORWARD 21sep 9106.48DR 2008 IBP UNSCHEDULED CREDIT 5120.68 10apr 3985.80DR BAC **** MR CURPL 90.00 30apr 3895.80DR 2008 5210.68 27may 3895.80DR that's it for the statements I have a sheet of payments that shows my payments diary since august 2002, it says that it is page 5 of 6 and 6 of 6 and has information both sides. This shows payments made by me into the account and is NOT a statement. It shows an opening balance, my list of payments with dates, then a closing balance which does not corrolate with the UNSCHEDULED CREDIT (by my maths its £45 down/missing) plus it also shows 2 charges on the account, one in 2004 and one in 2005 almost a year later. I hope I've explained myself clearly, apologies if not
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combined balance from 2002 compared with april statement? april statement showed corresponding outstanding balance brought forward from 30sep 2002, less something called UNSCEDULED CREDIT and that months payment (made by me on due date) ending with a new outstanding balance
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can I send them a letter quoting this?
