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tom a

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Everything posted by tom a

  1. Is there anything I could send to them to let them know they are not allowed to charge interest or pass details to DCA while account is in dispute? They seem to ignore every letter we send them.
  2. I know what you are saying. Just wish I could convince mum. Image now added.
  3. Thanks for the replies. Mum received this letter yesterday. Will someone take a look and see what they think. Regarding the offer of payment. If the debt was mine they would be getting nothing but I can only do what mum decides. She decided to offer £100 but then went and paid £300 for the last two months. I think I'm banging my head on a brick wall but comments on the letter would be appreciated.
  4. Received a letter off Cabot today asking me to call them. Suitably filed under b.
  5. I owe £3300 to Northern Rock/Eversheds. I'm paying them £65 a month. Out of the blue I got a call from Eversheds offering me 40% discount to settle the debt. I can't afford this but what would be a realistic figure to offer them? Thanks in advance.
  6. Not had a reply to this. "Although the alleged debt on the above account is legally unenforceable I feel morally obliged to make payment. However I will only do so if interest is stopped and all unfair charges deducted from the account. I propose to pay £100 a month until the account is cleared. I trust you will carefully consider the above request. Yours sincerely " Any idea what to follow it up with please ?
  7. Thanks for all the replies. I've had an information pack from CCCS with lots of advice but nowhere near has much as this forum.
  8. We've still not had a reply to the request for freezing interest. Should I give them another week or send another letter? If sending a letter what should I be asking them again? Thanks .
  9. Mum received this letter today. It's in response to the Account in Dispute letter I sent. "Dear Mrs xxxx Account Number xxxxxxx Thank you for your letter dated 15th August 2009. I write with reference to your recent request under section 78 (1) to supply copies of the original agreement set out under the Consumer Credit Act. We appreciate that under s. 78 (6) of the Consumer Credit Act if you decide not to meet your obligations under the card agreement as they fall due we will be unable to take steps to enforce repayment of the card debt by court action. Nevertheless, we expect you to meet your obligations under the agreement, bearing in mind that the agreement isn't void, and remains valid albeit unenforceable. We do not dispute that the agreement is currently not enforceable so we see no need for any threatened action to obtain a court declaration to that effect. For the avoidance of doubt and as previously advised if you do not make the card repayments as they fall due we will report your default to the Credit Reference Agencies. If you believe that we haven't investigated properly or acted fairly, you have the right to refer to the Financial Ombudsman Sevice. You can do this if we haven't been able to reach an agreement by 12th October 2009, which is eight weeks after you first contacted us. The Ombudsman would then assess whether to check the Bank's own investigation and, if they decided to, would work with you and us to reach a conclusion. I trust this clarifies matters for you. Your sincerely xxxxxx" Will someone take a look at this and explain it in simple English for me. Mum still has not had a reply asking them to freeze interest. What's the best course of action to take bearing in mind mum still wants to pay debt back ? Thanks in advance.
  10. We've had a DMP with CCCS for the last two years and they have been very helpful. I've just rang them to do a 6 monthly review and inform them that I am in dispute with 2 creditors, (I've only got 5),and don't want to pay them until they sort out CCA's, and CCCS will not refrain from paying any creditors. I've told them I'm not prepared to pay creditors so I've closed DMP with them. Where do I go from here please?
  11. Been in touch with RPO today and there's some confusion over hours worked. My wife worked 111 hours in the month but as only been paid for 95 hours.This is where the discrepancy comes from. We are trying to get the local insolvency service to sort it out but we've been struggling a bit today. Will try again tomorrow.
  12. Never thought about holiday pay. Will ask the question tomorrow. Thanks.
  13. Thanks for the replies. Basic wages owed according to RPO was £494. Sorry my mistake on post 8. After deductions she received £390. According to our calculations she should have had 111 hours X £5.73 ph = £636.03 less £50 sub received = £586.03. Will let you know the outcome after speaking to them on Tuesday.
  14. Just an update. After lots of phone calls my wife finally got paid out yesterday. Her monthly earnings owed was £586 but she only got paid £494 after tax and N.I. deductions. Will ring them on Tuesday to find out why she was nearly £100 short. Any ideas ?
  15. Received this letter today. I'm tempted to fight them all the way but I could do with the £675 now. Will you take a look and advise what you would do. Thanks.
  16. Thanks Raymond. I've sent a few letters to different DCA's and it's only Metropolitan Collection Sevices who don't seem to sign.
  17. I sent off two letters to Metropolitan Collection Services using the post office recorded signed for service. Both letters arrived because I've had replies to them, but when checking delivery status online it just shows where they were posted at. It's only happened at this address. Anyone else had this problem?
  18. There's no date of agreement only the date I signed.
  19. How does this look vint1954 ? Thank you for your response to my request under the Consumer Credit Act section 78. In your response you confirm this as a true copy of the original agreement executed by Hitachi Capital. As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any agreement date and no mention of a cooling off period due to distance selling means that a court would be prevented from enforcing it under s127(3). I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt. After this period you should close the file and cease processing an personal data relating to me on this matter. Yours faithfully
  20. Is the agreement executed by Hitachi or Cabot, and what date do I put in? In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.
  21. Thank you once again. If I put a letter together and copy to here, will you give it the once over? Thanks.
  22. Not had a default notice/termination notice but had a Notice of Assignment from Hitachi. They inform me that they have sold the debt to Cabot. Not sent a SAR to Cabot but will do if you think it's worthwhile. The thing I'm not sure about is the CCA they sent me. It looks like it's been tampered with on their signature box.
  23. I purchased it from a company called Easy Computers in Huddersfield. Only thing I can think of is they must have sent me credit form to sign.I've got a bank statement with the deposit amount taken by them. I've never been to their shop if they have one. When I got the CCA from Cabot there was nothing about distance selling with it.
  24. Hi johnnymitch. The number they are quoting is an old current account. Have a look at post 39. Trying to tell me I've CCA'd them for an old overdraft that was paid off with the managed loan.
  25. No. To be honest I think if NatWest sent mum a letter saying don't bother paying she would still be awake all night with worry. What ever a SAR turned up, it won't alter mums opinion. Thanks anyway.
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