I can confirm right now this method does actually work. Two months ago I received confirmation from Cabot that they would be closing my account and removing all entries from my credit file. I would recieve no further correspondence from them. Within 7 days all entries on my credit file were removed like the debt never existed. Thank you very much £9800 gone Thanks as always SC

Oh the one thing I forgot to mention Zara Richards "Attorney" She never has been and never will be unless she's obtained a law degree which she hasn't. She was only the Director of Collections not Attorney. Yet more Bull**** to try and misguide and mislead you. In short "Fraud"

Evening, I said I would never post on this forum again but as blondmark has kindly backed up what I have been saying all along I shall humor you with what Link Financial hav tried to pass of as a deed of assignment. As you will see this agreement between both parties actually took place 10 months before this account was even assigned to them. How can this be when my account was up to date and not in arrears????? It has no reference to ME whatsoever Nowhere within the document do it actually state DOA No amounts that have been blanked out. Nothing nothing nothing. I could have knocked this up in 5 mins at home. I have asked several DCA's for the DOA and apart from Link, not one of them has provided me with what I requested. Each time they tell me only a judge can request this. That may be the case but the law is the law so take me to court and put your cards on the table. Not one of them has had the balls to do it and passed it back to the original OC. The reason they don't want you seeing this document in my opinion, they don't have it or if they do it is full of errors as they buy these accounts up in bulk which would make it invalid. This point has even been highlighted in another forum with regards to Egg and Marlin. All the dates are out and therefore invalid. That's why nobody is being chased. Chase and lose and another can of worms opens which no DCA wants after Rankin. If you want to beat these scumbags you have to try all possible options open to you. These people are not your friends. It makes me so bloody angry when someone on this forum tries something different and everytime they are shot down in bloody flames or left to hang out and dry. It's a game people so play it or just let them walk all over you. Show them whos boss. Take back the control from them. They will soon move onto another poor sod who won't fight back.

I'm not insulting you. you started with the FOTL crap not me pal. Yes it is a sensative document but when you go to court which is very unlikely to ever happen you have the perfect piece of case law to throw at a DJ from a LORD. Do you really think they want to take a chance like that? In short no they don't and I can show you thousands of closed accounts using the same process over and over again. But keeping giving out your CCA advice and when the crap hits the fan users are hung out to dry with no reponses from anyone. I seen it to many times on this forum that's why me and hundreds of others have jumped ship. Thanks as always Scrapper Coco

Right I'm off as like so many others as trying to help and give some different advice obvisiouly upsets certain people All the best take care and big love to all Scrapper Coco

If a DCA is chasing you for a debt and they have no paperwork, then they have no right to process your data You MUST send them a SECTION 10 NOTICE to stop them processing your data. They must reply within so many days to either confirm they are a) going to stop processing your data or b) carry on processing your data, either way they MUST reply to you. If they do not reply you can take them to court over this. It is a serious offence for them not to reply http://www.legislation.gov.uk/ukpga/1998/29/section/10 Data Protection Act 1998 - Section 10 NOTICE ISSUED PURSUANT TO SECTION 10 OF THE DATA PROTECTION ACT 1998 Re: Reference Number: I write pursuant to my rights granted by Section 10 of the Data Protection Act 1998. I hereby give you notice that you must, within the time periods prescribed below, permanently cease, processing all personal data of which I am the data subject. If you do not normally handle Data Protection notices for your organisation, please pass this notice to your Data Protection officer or another appropriate official. THE MEANING OF THIS NOTICE For the avoidance of doubt this notice requires you to do all of the following: (1) within 3 days of receipt of this letter to cease or not to begin to: (a) obtain; (b) record; or © hold, any personal data of which I am the data subject (“my personal data”); and (2) with immediate effect to cease or not to begin to carry out any operation or a series of operations involving my personal data including operations that would amount to the: (a) organisation, adaption or alteration; (b) retrieval, consultation or use; © disclosure by transmission, dissemination or otherwise making available; or (d) alignment or combination, of information or data. GROUNDS FOR NOTICE My grounds for giving you this NOTICE are: (a) the processing of my personal data by you is causing or is likely to cause substantial damage to me and any person residing with me; (b) the processing of my personal data by you is illegal as you do not have my consent. © the processing of my personal data is illegal as we do not have a contract. (d) the processing of my personal data is illegal as you have no legal obligation that applies to your organisation. (e) the processing of my personal data is illegal as it is not necessary for you to protect my vital interests. (f) in any case the damage and/or distress is unwarranted. NO EXEMPTION FROM THE PROVISIONS OF SECTION 10 OF THE DATA PROTECTION ACT 1998 You are not excused compliance with this NOTICE under the provisions of Section 10(2) of the Data Protection Act by virtue of the reasons set out below: (1) I have not given you my consent to process my personal data. (2) I am not a party to a contract with you. (3) You have no legal obligation with which you must comply and which would permit you to process my personal data. (4) No processing undertaken by you could be undertaken to protect my vital interests. WHAT YOU MUST DO NEXT In any event you must within 21 days of receiving this NOTICE give me notice in writing stating: (1) you have complied with the provisions of this NOTICE in full; or (2)(a) you have complied with the provisions of this NOTICE in part , stating which parts; and (2)(b) as to the parts not so complied with, your reasons for not doing so, including evidence that you can substantiate. WARNING CONSEQUENCES OF FAILURE TO COMPLY WITH THIS NOTICE Should you fail to comply with the provisions of this notice, I reserve absolutely the right to obtain without further reference to you a county court or High Court order to compel you to comply with this notice together with an order that you pay my associated legal costs in full and for me to make an application for damages associated with your unlawful processing of my personal data

And anyone else who is BRAVE enough to try something different. There is more than one route to defeat these **** Thanks as always Scrappy Coco

I have just been informed what fotl stands for. Freeman of the land, you must be bloody kidding me right? Anyone who knows me would tell you I'm the last person to have anything to do with those nutters. The fact of the matter is, I have used a process that works and quoted a piece of LAW not some bloody fantasy that was pulled out of my arse. I have spent the best part of a year educating myself. Perhaps you should do the same pal. Knowledge is power. Use the correct tactics and play the game because that's what it is a bloody game. There is more than one way of dealing with these low life scumbags than requesting a CCA to see if it's enforceable or not. The game is changing and when the game changes then so to the tactics employed to defeat these wan*ers. When they are aware you know how to play the game they move onto the next unsuspecting victim who doesn't have the knowledge or gets bad advice. So to my final point, Cabot refused to show me the DOA and told me it was private blah blah blah. When I went back at them with what Lord Denning quoted they caved and walked away. Education and Tactics big love Thanks as always Scrappy Coco

And just so we are clear, I'm not actually spreading anything. My first post in over a year for obvious reasons so please do not make out that I'm spreading crap all over this forum. I'm merely stating the route I decided to take and it works Thanks as always Scrapper Coco

Really? Well then kindly explain why I have seen of 3 DCA's using this method and accounts have been closed? Then proceeding to use a Section 10 had details removed from my CF. That is why I know longer really look at this forum and use more knowledgable sources Thanks as always Scrapper Coco

YOU HAVE THE RIGHT TO SEE THE DEED OF ASSIGNMENT Lord Denning states in the Pelias Construction Case (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824) where he said the debtor is entitled to "view the sale agreement to ensure that the assignee can give him good discharge under the contract." "In order that the assignee may obtain the benefit of the Law of Property Act 1925, express notice in writing of the assignment must be given to the debtor, trustee or other person from whom the assignor would have been entitled to claim the debt or the chose or thing in action". It has been held that if the date of the assignment is wrongly stated then the notice is ineffectual. It may also be ineffectual if it does not state the amount of the debt correctly. I have been reliably informed that one I the main reasons they don't want to how you sight of the DOA is that in most cases the date for the NOA will not match the date for the DOA. Therefore they are up the creek without a paddle so to speak. Thanks as always Scrapper Coco

Until you miss a payment then your see how good Tesco's really are. I've been to hell and back with them and their crap. 3 years and counting and even after FOS ruled in MY favor I'm still having to fight them. Cheers Scrapper Coco

Overdone is correct. All credit cards monitor cash withdrawals very closely as this is usually a sign your out of cash and more likely to default on them. It is nothing new. I've had this conversation with a Banking friend of mine. Cheers Scrapper Coco

Or disband FOS and set a completely independent body that is ACTUALLY independent. Not an organisation that is supposed to be independent yet all it's employees seem to have their own long term agenda. Career enhancement and god knows what else. My personal opinion. You only have to look at my complaint about Barclays and read all the correspondence between Sharkleys and FOS to see what was really going on. Sharkleys are now investigating maters correctly. Funny that considering I have them by the short and curlys

Hi all, back again. Well the house sale fell through as the purchaser couldn't get a mortgage even though they were supposed to be a cash buyer We have had another offer but it is £25K less than the asking price so had to opt for another house which is 2 doors away from the previous one we wanted to buy, but £30K cheaper. In short Webb Resolutions (Picture) won't get a thing. I have explained everything to them and asked to transfer the entire charge and I am awaiting their decision. Not holding my breath though. My only trump card is that I have it in writing from Webb that they would allow the transfer the first time and it doesn't mention anything about the £18k we were going to pay them back. So if they deny our request I could hit them with that and the following "If you move, you can almost certainly take your loan with you. If you're moving to a lower value property, you may need to settle some using the funds from the sale of your current property" What I really need to know is there any legal route I could take to force the Sale & Purchase if they do deny our request. I have been reading online about the Law & Property Act and applying for and order which can force things through but I'm not to sure. As mentioned in previous posts we can no longer afford to stay here. I have put £70k of my savings into keeping this roof over our head while waiting for a buyer to come along, so I'm f*cked if I'm just going to sell up and walk away with sweet FA then move to rented just to pay someone else's mortgage and have no security. By allowing the move to proceed we will be over £1,000 better off so we are no more of a rick to them and the equity in the property stays the same. The other bonus point is our mortgage provider IF has advised us that under no circumstances would they allow Webb to try for repossession should we be unable to pay them given the time and effort put in by them and ourselves to resolve all the issues and allow the port of the mortgage. I asked on what grounds and their legal advisor told me that if Webb don't allow the move they are effectively bringing the situation on themselves and IF would make any court fully aware of this fact etc etc Just don't need the hassle. Just want to move and get back to living instead of existing Thanks Scrapper Coco

Hi CB Sorry for the delayed reply. The envelope has TNT on it but also has the same S as UK Mail. Confusing Cheers Scrapper Coco

Evening, Long time since I've been on this thread that's for sure. And apologizes for my previous post above. Had a stressful few years to say the least. Anyway to cut a long story short FOS ruled in my favor and Santander refunded the PPI payment to my account and accepted monthly payments that I could afford. They haven't updated my CF for over 2 years and today (Yes Today. Look at the date on the letter. Asked Postman to sign and confirm it was only delivered today as proof) I received the attached in the post completely out of the blue. http://i420.photobucket.com/albums/pp284/djackson29/DF1.jpg Also take into account that on Saturday 16th June I received a letter advising that my continued payment agreement was acceptable for another 6 months. By my reckoning, only receiving the DN today and the date it was supposedly sent makes it invalid as they come. Also doesn't state the required date. Just 14 days from the date of the letter. That makes it impossible to rectify as it arrived 2 days after the event. Me thinks I shall reduce my payments to them and contact FOS again to open another complaint (knowing it costs them £500 give me great satisfaction) I shall also be contacting the ICO (Not that it will do much good as they are about a helpful as a wet paper bag:lol:) All comment welcome Thanks Scrapper Coco

Hi again CB, In answer to your other question. I asked if I could start a new complaint as was told in no uncertain terms I couldn't. That was by the manager of the ombudsman who rejected my complaint and called me a liar. Thanks Scrapper Coco

Hi CB Thanks for the quick reply. The basis for court action would be taking funds unlawfully from my account after cancellation of the additions & reserve fees It clearly shows on the statements what I have been saying all along. I cancelled the product and Barclays unlawfully added it back to the account 14 months later. I have read every single log and it doesn't state anywhere that I requested it to be re-added. The same goes for the reserve fees. There is a log entry confirming my phone call to have it removed followed up by a letter. Yet they still kept taking it. Is that a basis? Thanks Scrapper Coco

Evening, Sent my complaint into FOS via email and received a call today advising that their decision is final and they will not investigate my complaint again. Can't believe these monkeys can get away with this sort of behavior. I have concrete evidence that I was right all along and they just dismiss me. So now I have 3 options: Write to Barclays advising them of their obvious mistake and can they put it right. Which they won't as they'll hide behind the FOS ruling Take them to court Ride the storm for a further 3 years until SB'd and tell them to get f*cked should they start harassing me for payment via which ever DCA picks it up Only problem is, depending on what interest rate I charged them at they could end up owing me money. This would be a perfect kick in the teeth for them. Thanks Scrapper Coco

Bump

Evening Again, Quick question. Barclays have refused to acknowledge or even really investigate my original complaint. After reading all the communication from FOS they are basically in cahoots with any and all financial institutions as we all know. So should I reclaim @ 8% simple interest or go the whole hog and reclaim interest in restitution for the appalling way I have been treated and the unlawful default that Barclays added to my credit file. If the latter, what interest rate should I quote??? I really want to make a nusense of myself after being called a liar by FOS & Barclays.. They are going to wish they hadn't tried to dup me. this is just the start. Duplicate statement charges next, PPI charges when I wasn't even in my OD & to top it off returned DD charges when there hasn't been any DD's on that account for over 10yrs. Separate account for DD's. To say I'm not a happy bunny would be an understatement :-x:x Thanks Scrapper Coco

There also seems to be all these charges for additional statements which I never requested. Sharkleys is a very apt name for them lol Thanks Scrapper Coco

Evening, Got them and I'm gonna go to town on them. Found the statements where the additions fee stopped being taken and then added again a few months later. Also found that we were being charged for O/D PPI when we were in credit. Month after month £20 being taken from our account I'll keep you updated Thanks Scrapper Coco

I know the Ombudsman decision is final what steps can I take to show the incompetence of the FOS? Can I complain to an independent body? I pretty sure that when looking through the statements I am going to find entries where the addition fee wasn't taken for a few months and then appeared again. If I can do it why can't FOS? Lazy Waste of Space they are. I'm 100% on this as I remember as clear as day going into Barclays a few months after I cancelled the additions fee only to be asked if I would like it added back for all the lovely benefits. I also remember saying "NO THANKS" Regards Scrapper Coco P.S. I really want to call FOS just to hear the tone in her voice when I tell her I have every log between you both and my god it makes interesting reading. Good luck looking for a new job