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Desperate Daniella

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Everything posted by Desperate Daniella

  1. Hi Madge, I only joined this group a week ago and I have been amazed by the amount of information I have found. It's also amazing how much better you feel when you realize that there are thousands of us in similar situations. Before I went on the group I felt so isolated about my debts - a few of my friends have similar financial issues, but most are okay so it's not something you discuss with your friends. I was made suicidal by AIC, a debt collection agency (DCA) so I completely understand how (D) is feeling. See where you might be able to reduce the debt. Writ
  2. Sorry. Hit button too soon. Should have said: It's hard, but everyone on this site will be doing their very best for you. DD
  3. Hi Rashley, I had almost exactly the same phone call from AIC in October because I was 90 days late on my payments to amex, although I actually thought I had a few days to go The guy I spoke to was a total B*****d. He said I had owed Amex £8000+ but had to pay AIC £9000+ immediately plus or they would start court proceedings, get my home repossessed, and so on. I was hysterical. I offered £840 (which would have meant I paid them instead of the mortgage) and they refused. By that evening I was absolutely suicidal and called them but got their answering machine and left messages begging them not to start proceedings. They didn't call back in response and when I called the following day they denied getting my calls. I was so distressed I called FSA who referred me to CCCS and as soon as I got a reference number to quote to AIC they backed off. This was in early October and they haven't done anything about starting the legal proceedings, although I got a call last month saying they would accept the £840. I said they couldn't have it as I had paid someone else. Like you I have a limited company and could lose anything. I know how terrified you must be feeling after your calls from AIC. After I sent the CCA letter Amex sent me a copy of my 60-second application form with the apparent prescribed terms which they say were on the back. I haven't yet started a new thread, and I need to so I can see if application forms from Amex actually have ever been accepted in law as Agreement forms. AIC are the nastiest bullies. If you haven't already gone to the CCCS I would do so. You don't have to go along with their recommendations if you don't want to but a CCCS reference really does get all the credit card companies to back off. Nothing is going to happen to you before Christmas, so try to get through it and put all this on the back burner. Hard DD
  4. Hi Tosh, Still nothing from Barclaycard and I have been advised by a barrister friend of mine (not her area but we are both learning more about the CCA 74 every day!!!!!) not to pay anything to anyone after I have sent the CCA letters because if I do so I could be admitting there is an agreement. I am new to this site, and the site experts may disagree with me, so this is just my opinion and I wouldn't want to contradict others who may know more. I also have (BC)/Goldfish/MC cards and have been chased by Mercers about them as well. When they call I keep repeating that I am waiting for the CCAs and I have no calls from anyone about any of these cards for three days!! Hang in there DD
  5. Good luck, Tosh, I requested my CCA on 11th November - not under s78 - and when Mercers called they admitted they had received my letter, but BC have still not sent the Agreement. DD
  6. Hi, I requested my CCA from CapOne on 11th November. They didn't reply but continued to send default notices and call me. When they asked for payment I said I was waiting for a copy of the CCA and the people I spoke to said I had been sent the agreement on 14th November - very speedy!!!!! - unbelievable I thought. Nothing arrived and on Wednesday I received a letter from Debitas like the one in post 63. I called and said that I was waiting for the CCA. I was told to go back to CapOne which I did, and got told the CCA had been sent on 14/11. I said they should send it again. On Thursday another Debitas call asking if I would like to make a small payment while I was waiting. Refused and again asked for CCA. This morning I received a sheet of a bad photocopy. No letter with it, just a comp slip. At the top it there is no address for CapOne - just their name/logo-style. It says Application Form and my name and address is underneath. Blank until halfway down the rest of the page until there is a box headed Credit Card Account Agreement Credit Agreement Regulated by the Consumer Credit Act 1974 This is my application asking to be issued with a CapOne credit card- no prescribed terms or anything like that. I think I will ignore it until they call again. I have seen on other threads that they are attempting to use other later Prescribed Terms/Terms and Conditions and pretend they were in existence at the time ?2002/3 and part of the agreement, but they haven't tried this with me. Maybe they are giving up on this because clearly a number of people on this site have caught them out and challenged the rubbish they are sending?
  7. Hi Faz, I started with CCCS which at least got the phone calls to stop, but I agree with Goldlady: See if they have enforceable agreements. It's quite clear that a number of my credit card companies don't. Good luck.
  8. Hi, I got a letter from HL Legal saying it was my last warning but I did nothing and then I heard from AIC directly. HL's letter says they have been instructed to "consider" legal proceedings, not that they are taking them within so many days, so I would write to AIC. You can always cc HL Legal too if you want to, but I don't think it is necessary. Good luck. DD
  9. Cheers, Noomill060. and good luck. Today has been the first day in I can't remember how long since I had not had a call from Barclaycard/Mercers/and the other lot they work with. All day and no calls!!!!!!!!
  10. I am new to this site. I hit 'new thread' and got a message saying I couldn't start one - can't remember the terminology- not authorised or whatever. Then I sent in an email and got a reply saying I had already had a reply to my question. I didn't know each question had to have a thread for one person - sorry - I thought we were all sharing experiences, and I have shared my experiences hoping to give info to other people.
  11. I tried to start another thread on another carda and was told by the moderators that I had had an answer so not relevant to start a new thread. If I can start a new thread, what would you think it should be headed that isn't going to be on this thread. Confused. Thank you for your help.
  12. Thank you. From other posts here it appears no-one has actually received one of the MS agreements, so I'm hoping they don't have mine either..
  13. AIC are total B******s. I was three months behind on my Amex payments and Amex sent the account to them. They phoned me and threatened me with Court Action saying they were adding over £1000 to my debt and I had to pay it immediately or they would sue me for bankruptcy, try to get my home re-possessed, and more. I was crying and I was absolutely suicidal. I offered £840 including my child allowance - everything I had to live on for the month to pay mortgage, etc., - and they refused it saying it was £9000+ or nothing. I registered with CCCS and told AIC I had done this and they backed off immediately. I then wrote to Amex saying I wanted a copy of my agreement and got a copy of my 60-second application form which has terms and conditions on the back - but I don't know if they are the actual terms and conditions at the time - March 2000. In the interim period after I had sent this letter AIC called and said they would accept the £840. I said they couldn't have it as I had paid someone else instead. They are quiet at the moment, and said Amex would give me three months to come up with a repayment plan, but firstly they were saying my account was no longer with Amex and had been sold to them. Does anyone have a copy of what the actual terms and conditions were in 2000? I am confused because there seem to be two schools of thought here. One says the t & c must be within the four corners of the agreement, but others say it is okay if they are on the back, but how can we know if what they say was on the back actually was? Nightmare.
  14. Thank you so much BRW. Will try to do that now. DD
  15. I requested by CCA from amex and was sent a copy of my 60-second application form which I have signed, although they have not. The terms and conditions they sent were apparently on the back of the form I signed. Is this okay, or do they have to be on the same page? Thanks.
  16. Hi Noomill060 I am in the same position as tryingtogetby with MS/Barclaycard. I can't seem to jump to their thread in order to get your reply. Can you tell me how to do this please. I had a call from Barclaycard yesterday evening re my cards for MS and Goldfish and when I said I had sent letters asking for copies of the agreements which I am entitled to under CCA s78, she said she would hold all charges for 14 days. I think someone else had the same response. If they cannot actually produce these agreements, can they get them enforced at all? Thanks.
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