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kalahari

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Everything posted by kalahari

  1. The original debt is payed in full was payed direct to original debtors (catalogue company) RW agree that was payed payed may 06 RW recievd payment from catalogue company sept 06 sent summons aug 06what they are now expecting me to pay in court costs for a case that got no further than the summons 3 months after debt was payed in full they expect me to pay them £189.72 for court costs which is what im disputing not the origiinal debt as that was cleared and they know it was proof was filed with the court hence it going no farther than a summons i dont think its right i should have to pay these court costs
  2. Ok im going to send this letter do i need to add or edit anything ? Robinson, Way & Company Limited London Scottish House Quays Reach Carolina Way Salford M50 2ZY Dear Sir/Madam Ref no. xxxxxxxxxxxxxxx I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY! Further to your correspondence date 12/09/07. You have requested proof of our paying the account linked to the above account number. Firstly we, as stated above do not acknowledge any debt to your company, therefore we would not have proof we paid it! This is the timeline of events just to bring you up to speed. 2006 11th April you gained ownership of our debt and allegedly sent us a letter stating this. Mid May, we remortgaged and as part of this process consolidated our debt to the xxxxxx, they received payment in late May. 16th June, after receiving a request for payment letter from yourselves you were informed we had paid this debt in full to the xxxxxxx. (You have confirmed this via our phone call today). 12 August, you started court proceedings against us for the full debt that had been previously owed. September (Exact day unknown to me) you received payment of the debt from xxxxxxxxx. Now since then we have denied any debt to yourselves yet you are trying to collect the sum of £189.72. I have just finished a phone call to yourselves where you admit that you were paid in full regarding our xxxxxx account, I have spoken to the xxxx xxxxx who agree the account was paid in full and that we owe them nothing. I believe that you are trying to recover court costs and these are the fees you are chasing us for. I require answers to the following queries. 1. Firstly you are solely defending your pursuit of this money on an alleged letter you have sent to us in April 2006 stating you owned the debt not the xxxxxx. I never received such a letter and upon informing your customer adviser of this on the phone today I was told ‘doesn’t matter it’s on our system so that is proof it was sent.’ I do not acknowledge that ‘being on your system’ is proof of delivery of a letter and neither will the court should this matter go further. I would like you to forward me a copy of your proof of delivery for this alleged letter. Seeing as how you are relying on it as your sole proof of our responsibility of this debt obviously should there be no proof I do not see how you can pursue the matter further. 2. In all your communication to ourselves you have stated this amount is ‘due to xxxxxxxxxxxxxxxx further to my communication with them today they confirmed we owe them nothing. How then are you collecting in their name? 3. I would like a full breakdown of exactly what costs this amount we allegedly owe is meant to cover we cleared the catalogue account in full well before you instigated any court action. 4. Why didn’t you complete the court case you initiated against us, once we entered our defence you did not progress with the action. 5. Why after being informed by us in June of 2006 that the account had been paid in full, (don’t forget your adviser confirmed this on the phone that you were informed of this) did you then progress to a court action and not tell us that the money should have been paid to you instead? 6. Should this amount actually be for court costs I would like to see a copy of the judgement you received stating we have to pay these costs. As I am sure you are aware we are not liable for any court costs unless such a judgement exists. As far as I am concerned the debt was paid in full in May of 2006. After this date you unsuccessfully attempted to take us to court and are now trying to charge us for your unsuccessful court action. We have no credit agreement with yourselves and therefore all action you have taken against us so far is unenforceable. I am more than willing to defend this matter even as far as court and feel sufficiently optimistic that any judgment will be in my favour. I will be requiring the following actions to satisfy this matter. This letter responded to within 14 working days. Complete closure of the account and written confirmation we do not owe you any money relating to the account. Removal of the negative information recorded by you on our credit file regarding this matter, this is to be a complete deletion and not merely an amendment. Should I not be fully satisfied I will be reporting this matter to the governing bodies regulating debt collection and will be seeking legal advice with regard to taking yourselves to court. I STILL DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE THE ACCOUNT IS STILL IN DISPUTE. Yours Faithfully xxxxxx
  3. Ok thanks im putting togethre a letter now when i spoke to them i did tell him i was going to talk with trading standards as i didnt feel this was fair he said well you will be better talking to a legal advisor i said yes well ill try trading standards first The catalogue should have sent my cheque back to me if they didnt own the debt not take 4 months to pass it on to rob way the other thing is rob way have put a default on my credit file for the court costs under the catalogues name who do i contact about getting that removed i didnt recieve a default notice nor am i in default of payments for these alleged court costs?
  4. Hi I had a catalogue of debt of 1499 in may of last year the debt was payed we consolidated debt and the loan company payed the catalogue company directly in may 2006 right so rob way have been harrassing me since june 06 for this debt i called them on 16th june 06 to advise them that this debt was payed in full to the catalogue never heard nothing till august 06 when they issued a court summons which i filled in and told them straight debt was payed directly to the catalogue anyway 2 weeks ago recieved another letter stating i owed them 189.72 so i sent the letter i dont acknowledge this debt then they send me another letter asking for proof ive payed this debt well i phoned them told them whats this for the lady said its the court costs i said to her i dont think im liable so she gave me another number to call which was the legal advise line now this guy said that they bought the debt on 11th april 06 and that when we consolidated debt it should have been sent direct to them not the catalogue company as they didnt own the debt now what he said was that altho we payed the company direct in may they didnt send rob way the money till september 06 hence the court summons therefore im liable for this money he also said that they have it on there system that they sent letters in april so were at fault this case never went to court on my summons i filled it in to say amont payed in full now how can they ask for proof when the guy told me on the phone they recieved my payment in full in sept so why ask basically do i owe this money and is there anything i can do to have it removed from my credit file i have spoken to the catalogue company in question who told me i owe them nothing and they are not chasing me for any money so rob ways letters state its for the catalogue company as the catalogue company are there clients as the case never went to court cos i payed all moey owing to the catalogue how can i be liable for court costs surely a summons doesnt cost 189£? and how can rob way put a black mark on my credit file under the catalogue company when the catalogue company have told me i owe them no money im sick of sending these jokers letters about this surely this is a criminal offence trying to claim money under the pretence the catalogue company are in fact chasing me for this money
  5. Cheers for the info will send a letter off to them, do I need to send a 'this account is in dispute' to both of them (dca and phone co.?). I'm sure they did close the contract, my phone was deactivated and I did not ever recieve another bill.
  6. Apologies for the length, thought it best to get it all down. I had a mobile phone contract begin late last year, after making a couple of monthly payments I slipped with one, (November), I had to miss something to help with Christmas. Due to the Christmas period I was not able to pay the due (December) and November's payments till the beginning of January, I paid them in full within the first week of this year this bought my account up to date without any arrears. Three days later my phone stopped making calls, I contacted the company who told me they had cancelled my account. I informed them I had paid in full and was up to date but they said the cancellation was permanent and I could not get my phone reconnected. I decided to get a pay as you go SIMM instead and forget about them, (saving myself a fair bit of money too as I don't use my phone allot). About a month or two later I received a letter from a DCA demanding £133 on behalf of the phone company. I rang the DCA and told them I believed it to be a mistake, (this was about equal to 3 months contract payments so I assumed the 2 I had missed plus the latest month after I was disconnected. If it was the remaining contract payments it would have been £300+.) The DCA advisor was actually quite polite and helpful; he put the account on hold and told me they would get confirmation of the debt from their client. A month went by and the DCA sent an identical letter, again I contacted them and was told this was an automated letter as a month had passed they put my account on hold again and told me they would get confirmation of the debt again. Finally last week another 'automated' letter was sent, as I've been busy I did not have time to contact them and today received a notification of a home visit. (I know this has a 99% probability of being a scare tactic). I phoned them to say I was still disputing this debt at which point I was told by the very snotty 'advisor' I am not allowed to dispute it that is up to the client. (I wish I had the ability to record my calls). Now what should I do? I'm assuming I need to send something in writing to officially dispute the debt, but what steps to I take to do this right? I'm also still very annoyed at the phone company, they never told me I owed them this money after the closure of my account, they sent it straight to the DCA. They closed my account after I cleared the outstanding monies. And they never sent me a copy of what the debt consists of.
  7. I chased them every other day after about a week, no luck, then moved onto daily calls after two weeks passed, I just kept getting fobbed off. I would be told either, its in the post, its been sent to another department, or the new excuse that seems to crop up these days...I'll email the person who deals with this and get them to deal with it ASAP.
  8. They are at fault, they have put me out of pocket by taking too long, I certainly don't want to line their pockets with any more of my hard earned cash. A threat I can legally back up is the only course of action I ever seem to get any luck with when faced by incompetents of this scale.
  9. Condidering I was originally told 4 working day turnaround for the letter then I don't think I am being unreasonable complaining that they took an extra 3 weeks to do it. Due to this company being incompetent I am out of pocket several hundred pound. Why the hostility towards me being annoyed???
  10. Oh I agree it takes time, however lets see how long it takes shall we. "I can confirm that this account is up to date and that all payments have been made on time." I make that 20 seconds to type out the bulk of the letter, add on 10 minutes to include an address and signature, print it out and stick in an envelope. Then 1 minute to stick in in the office outgoing mail pile, finally 3 days for it to travel through the post. I make that 3 days 11 minutes and 20 seconds, NOT 3 WEEKS AND 4 DAYS. I had this all prepared 'in advance' yet did not factor into account how this simple letter would take the same time as a round the world trip. Waiting for one letter has added 3 weeks to the whole process making me miss my notice period, what else do you suggest I should have done Blacksheep? Now they were well aware as to why I needed the letter when I needed it for and what it needed to say. By the way the sort of threats I wanted were ones I am fully legally entitled to make but don't have the knowledge to compose, I assumed this forum to be one to help not receive unhelpful comments. I merely want them to assume I know of what I speak and therefore cannot be fobbed off.
  11. Hi, I am currently re-mortgaging, I have a Mortgage and a secured loan. I have given my Mortgage company 1 month notice that the account was to be closed on the 1st April, otherwise I would have gotten a one month interest charge for lack of notice. However if my remortgage does not go ahead at this time I lose this charge. My secured Loan company had to send me a letter stating my account was up to date and had never had a late payment, this was required for my remortgage application to progress to offer. I asked for the letter 4 weeks ago and FINALLY got it on the 24th after much chasing of it, however I have now been told by my remortgage advisor that the letter they sent was inadequate as it did not state all payments were made on time. I have just requested a new letter from them which I am chasing up tommorow to ensure it is on its way, what I wanted was a few threats I can throw their way on the phone. For example do I have any chance of claiming my months penalty interest off them as it is their fault my application is delayed by three weeks? Who do they answer to, if I wanted to complain about the company to a financial watchdog type company what name will make them quake in their boots? It should not take them four weeks to send out a letter!!! I need ammunition to put this point across to them, please help.
  12. In the instructions its stated... If you are receiving benefits of any kind, you may be exempt from the fees. Where do I find this out, on the moneyclaim site it does not mention it or allow for it when claiming.
  13. Oops missed what DPA meant, cheers.
  14. Hi, I used to have a capital one Credit card, I recently got a remortgage partly to clear them in full and close the account as their charges were crippling me. Can I still claim back my last few years of charges from them even though the accout is closed. And if so does anyone know where to send the initial data request letter? Cheers.
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