Jump to content

tom a

Registered Users

Change your profile picture
  • Posts

    256
  • Joined

  • Last visited

Everything posted by tom a

  1. I sent ARC an account in dispute letter back in November. Not heard anything from Egg.
  2. Any suggestions what to do next please?
  3. Yes. Sent £1 postal order.
  4. Will someone take a look at this and advise my next course of action. Received this from ARC yesterday. "Dear Sir, We are writing in response to your recent correspondence. We have contacted our client and they have confirmed that they have not received a signed request for your Egg Credit Card Agreement together with the statutory fee, therefore no Agreement was sent. In order for our client to provide you with a copy of your agreement, would you please send them a cheque for £1.00 being the fee allowed under the Credit Consumer Act with your information request to the following address: Data Request Team etc. Upon receipt of the same, they shall supply you with the appropriate data within the statutory period of 12 working days. Please note that receipt of the request will not in itself delay our client's prior instructions to seek payment of the debt from you. Yours sincerely J Turner." Do I need to send another CCA request off direct to Egg bearing in mind DLC had one in June? Thanks in advance.
  5. Have to agree with the knowledgeable people on here. Don't get drawn into an argument with Cabot. They are just trying to scare you. If they send out 100 threatograms and collect 50% of them they are making their money. I ignored my last letter and will continue to do so until they can provide correct details of the alledged account.
  6. Funny you should say that. They ask for those details as well.
  7. Been paying these £65 a month but had to ring them on Monday to say this months payment will be a week late. They were very pleasant on the phone and today I received a letter from Fairfax Solicitors enclosing a financial questionnaire (quote) " which must be completed and returned to this office in order that we may consider your circumstances and avoid further action to recover the debt". They also ask for 2 months wage slips. "Returning the requested documents and your payment by 15th December 2009 is of paramount importance as repayment offers CANNOT be accepted without substantiated proof." Do I need to send this information to them? Thanks in advance.
  8. Received a letter from DLC today telling me they have passed the debt back to Egg. Not heard anything from ARC.
  9. Thanks for the advice. Will let it develop.
  10. Thank you once again. Letter delivered this morning.
  11. I had a credit card with Tesco taken out in 2000. Got into difficulties in 2007. I think the account was passed to Regal Credit Consultants, (I've lost paperwork),and I CCA'd them. They couldn't provide agreement so passed it back to Tesco. This was in April 2008. Never heard another thing until Cabot reared it's ugly head last week and says they have bought the debt from RBS. The problem I find with the Cabot letter is the last 8 digits of the account number are different to my account number. What sort of letter should I be sending them informing them of this. Thanks in advance.
  12. Been receiving letters every 21 days from DLC and Hillesden saying they are trying to obtain a copy of my original agreement and my account is on hold till they produce it. Today I received this letter from ARC Credit Management. (attached) Should I now CCA ARC ? Thanks in advance. ARC credit management..doc
  13. After thinking about this I have decided to add Cabot to my DMP. I don't want to be arguing for months and still have to pay. I will question the charges when my DMP is up and running. Thanks everyone for all your advice.
  14. Also would it be ok to email this to Cabot? Thanks
  15. Can someone please take a look at the letter I propose to send to Cabot and add or delete where necessary. Writing is not my strong point. Thanks in advance. In reply to your letter dated 2nd October 2009 I am very surprised that a company who claims on it’s website to be “ a company who will work with our customers” and “We think of you as our customers and will treat you as such”, would choose to omit parts of the credit agreement to try and confuse myself, or could it have been an error on your part? For your ease I include credit agreement as it should have been sent to myself. The REALITY is that Section 61(1) states - A regulated agreement is not properly executed unless (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b)the document embodies all the terms of the agreement, other than implied terms, and © the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible. You also choose to refrain from quoting section 127 (3) in it’s entirety. Here is what Section 127 REALLY says - 127.—(1) In the case of an application for an enforcement order under— (a) section 65(1) (improperly executed agreements), or (b) section 105(7)(a) or (b) (improperly executed security instruments), or © section 111(2) (failure to serve copy of notice on surety), or (d) section 124(1) or (2) (taking of negotiable instrument in contravention of section 123), the court shall dismiss the application if, but (subject to subsections (3) and (4)) only if, it considers it just to do so having regard to— (i) prejudice caused to any person by the contravention in question, and the degree of culpability for it; and (ii) the powers conferred on the court by subsection (2) and sections 135 and 136. (2) If it appears to the court just to do so, it may in an enforcement order reduce or discharge any sum payable by the debtor or hirer, or any surety, so as to compensate him for prejudice suffered as a result of the contravention in question. (3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). (4) The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if— (a) a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought. or (b) section 64(1) was not complied with. (5) Where an enforcement order is made in a case to which subsection (3) applies, the order may direct that the regulated agreement is to have effect as if it did not include a term omitted from the document signed by the debtor or hirer. According to OFT guidelines 2 UNFAIR BUSINESS PRACTICES Communication 2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner. 2.2 Examples of unfair practices are as follows: a. use of official looking documents intended or likely to mislead debtors as to their status, for example, documents made to resemble court claims. b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge I once again dispute the alledged debt owed to Cabot due to no date on your signature and no cooling off period . Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.
  16. sent off CCA request to all creditors. Alliance & Leicester - looks ok. Egg credit card/DLC - still trying to find agreement. Northern Rock/Eversheds - looks ok. HSBC managed loan/MCS - trying to find agreement. EON/SRJ - not covered by CCA Will have a good read through the links you have put on and no doubt be back for some more advice. Thanks once again.
  17. Thanks hunni2006. I really think they are conning me all along. I'll take your advice and write back to them with copy of full sections of the act including the parts they decided to omit. Will also send off SAR. Thanks once again.
  18. Thanks hunni2006. I really think they are conning me all along. I'll take your advice and write back to them with copy of full sections of the act including the parts they decided to omit. Will also send off SAR. Thanks once again.
  19. Not really knowing what to do next I have decided to add Cabot to my DMP. I still think their signature box has been tampered with but they have blinded me with legal terms. Thanks for all the advice.
  20. Can anyone advise me what to do next. I've trawled the internet looking for ideas but to be perfectly honest I've no idea what there reply means or what to do next. All the legal jargon is way above my head. Thanks in advance.
  21. Thanks for the reply vint1954. Will try and put a letter together. Not so good with letters though.
  22. What's my next course of action please?
  23. Thanks for the reply. Any idea what to do next?
  24. Will someone take a look at the latest letter received from Cabot. It's all double dutch to me. What's my next course of action please?
×
×
  • Create New...