oops Alan, already posted it!!! I have used this template letter about 5 or 6 times in the past 18 months, it has the desired affect. The account goes back to Lloyds, who then use a different DCA If it does go to court I will counter claim for the charges and the PPI, which, incidently I STILL do not have any info on It's nearly two and a half years since I've paid them anything.... As far as I'm concerned this account is still in dispute

I've had various nasty letters over the last few weeks, then a letter from Horwich Farrelly Solicitors. Telling me that they have advised their client Robinson Way to begin court proceedings against me. Now the letter is just signed "Horwich Farrelly" and the address is the same as Robinson Way I googled them and their address is different to the letter, and they don't even deal in debt collection...... I think they must do the old template letter service for DCAs, I have seen this before! I've drafted this little number will post it today. ACCOUNT IN DISPUTE 7th January 2010 Dear sir/madam Thank you for your letter dated 30-12-09; sadly I feel that you are not in possession of all of the facts surrounding this account. In January of 2007 I made two requests for information to Lloyds TSB. First was a full Subject Access Request under s7 of the Data Protection Act 1998. The second was a request under the Consumer Credit Act 1974. They were sent recorded delivery on 20-1-07 and contained the required fees. To Date Lloyds TSB has NOT complied with either of my requests, and since such time – Lloyds TSB are in default, and the account remains in dispute. They have failed to supply ALL of the information on the account including details of the Payment Protection Insurance they have applied to the account. They have also failed to provide a true copy of any “Executed Credit Agreement” for the account. An application form containing none of the prescribed terms and conditions or the cancellation details is neither acceptable nor enforceable - even with a court order. This account and Lloyds TSB are/remain in default of these requests, and whilst they remain in default - they are barred under legislation from attempting to enforce any such alleged agreement. I am sure you will be aware; enforcement under a contract includes requests/demands for payment, and/or performing any alleged term or condition of said agreement. There is also an issue raised regarding the miss sold payment protection insurance and the default charges against the account; therefore I do not believe you are in a position to pursue or harass me for payment in this manner. Following my calculations it appears that over half of the outstanding balance on this account is made up of PPI payments, default charges and the compound interest they have both accumulated. As of today this amount is in excess of £6000, and incurring interest daily. If you or Lloyds TSB process any data, or harass me for payment you are in breach of the CCA 1974, I will take court action for all breaches of the Act. Following on from this, I would now confirm that whilst this account is in dispute, I expressly withdraw, and do not consent to any data processing regarding me - under any implied authority or otherwise; this is supported under s10 of the Data Protection Act 1998. I would now instruct you to remove my telephone number from your records; if you are to contact me it must be in writing. You are not permitted to pass any information onto any third party. I would also ask for a true copy of the authority, deed or notice of assignment allowing you to take action in regard to this account. Failure to provide this will be a breach of the OFT guidelines on debt collection. I also intend to report Lloyds TSB and you to the OFT for your failings. As a complaint has now been lodged with the FOS against Lloyds TSB for miss selling Payment Protection Insurance, I suggest you now return the account to them. Yours sincerely I've had conformation from the FOS that they have my complaint, so time to just sit back with a cuppa By the time this one comes to the top of the pile, it will be time statue barred PMSL!!!!

Bump!!!!!

hear, hear having not paid Marbles one penny for over two and half years, why have I now had a charging order put on my house?????? Because they DO NOT have the correct paperwork to carry out all the threats they make! I do not intend to come across the wrong way Jimbo, but if you do not have anything helpful to post, please don't post anything. it is not helpful, and is quite upsetting and distressing. A charging order can only be applied for if you fail to comply with a payment plan after County Court Judgement has been made. This would mean that you would have to pay the debt when you ever sell your house. A judgement will never be made without the correct agreement. Birch x

not worth the paper it's printed on!!! Asking speaking with the FOS again, it seems that they cannot fast track my complaint The fact that I am two months in arrears with my mortgage is not enough it seems They said if I had a court date for repossession they could fast track, WTF???? However, they also said once my complaint becomes 2 years old they will fast track it anyway, standard practice!!! So only another 3 weeks to wait PS I've also heard b*gger all from Marbles

you will need a letter of final response from Marbles regarding your complaint, you will need to include this with your official FOS form. Otherewise the FOS will not consider your complaint. If six months has elapsed since the company responded with their final response, the FOS will not consider your complaint. This happened to me with my Halifax PPI, they returned all the information and said they could not help unless there was addional information to consider. Regarding the terms and conditions, Marbles sent me current ones too with the old application form. They did not have the original one from 2003, so basically, not a leg to stand on. Any complaint should be made using the original account number, it should also be against the company who miss sold you the product, i.e Marbles.

We have a mortgage with Derbyshire Home Loans which is currently 2 months in arrears. I rang them last week to enquire if we could change the mortgage over to an interest only until our arrears are cleared. It would also give my OH some breathing space, he is self employed and has had no work for 5 months They said they would send out the forms but I would have to send a cheque for £75.00 They are currently charging us £50 for every month we are in arrears, they said if we swop the mortgage over and make "an arrangement" they will waive the £50 arrears fee. As I know very little about mortgages, should we be paying for this??? Thanks x

I would concentrate on getting your PPI refunded in full, then look into whether or not your loan has an actual agreement. If you place the account into dispute and stop paying, they will just use your refund to pay off any arrears you have accumulated. So the best approach is to get your refund first, then go for the unenforcability of the account good luck

you need to get your complaint off to the FOS, you can then tell Lowells to bog off, FOS looking at PPI complaint. Does your "Priority Application form" have the terms and conditions with it??? Mine didn't.............

what has the judge asked you to do now? Did they ask you to contiune paying the original monthly payment as agreed with the CCJ? I would get straight onto your PPI complaint, get the ball rolling ASAP. I'm sorry I'm not more help on the CCJ front, but I thought that once a judgement had been made, you only had to repay the amount owed, as agreed with the court. I do not think they are allowed to add interest on. I'm sure someone else wil be along soon with some real legal advice, well done for today! Birch

they are keen to sort out a settlement as they know they probably have an unenforcable agreement. send them a copy of the below letter http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter- also inform them you will only communicate with them by letter. If they want to discuss a settlement, they can put it in writing.

Received a letter from FOS, they are asking for any information regarding my situation, and will try and get back to me in the next two months I rang them as 1. I have already sent them proof of my mortgage arrears 2. I thought a decision had already been reached regarding Marbles 3. They agreed to fastrack it through the system because of my hardship Lady at FOS said it was a standard template letter, and that they were waiting to see if they could fastrack it. I'm a bit p*ssed off as the letter I got from them said they were upholding my complaint, but Marbles had not responded. They had told them they had to refund the premiums, interest, 8% and £200 compensation. What is the point of using the FOS if they have no clout???? Surely once they have decided in my favour Marbles have to play ball??? Sorry for the rant!!!

I'm going to ring them today, as you have said, if no contract exists then how can she be tied in? Also how can you roll a none existing contract??

thanks for that. Npower have written to say they do not have a copy of the contract They still think that by sending out a copy of the supposed reminder they claim they sent in July 09, that she is tied into the contract until next October. I don't think so. If they have no contract to produce, how are we to know a contract ever existed? So how can they claim she is still tied in???? I will go off for a read..... cheers

it's an automated response from this site, when someone posts a reply on one of your threads, it's just to let you know you have a new reply

if that is the case IMHO you should never have been given a CCJ in the first place If by being unable to claim on a PPI policy when you needed to has caused you to be first defaulted, then a CCJ being registered, I would be going in with all guns blazing, demanding to know why you spent good money a sh*te policy, but that's just me You need to be asking some questions, now. ASAP make an official complaint, can you apply to the court for more time as new evidence has come to light? The bl@@dy banks use this excuse all the time!

yes use photobucket, take a photocopy first, then remove your personal information from the photocopy, then scan. Sorry for asking but how did you end up with a CCJ in the first place? Did you fall behind with your payments through sickness, redundancy? Or were you self employed and the PPI did not cover you? Sorry for all the questions, it's just it makes it easier for others to help you when they know the full circumstances. As far as I'm aware a charging order (if granted) will require you to pay the debt in question should you sell your house. I don't think it's common practice for a county court to force you to sell your home just to appease a creditor..... have a quick read of this Enforcing judgment

bascially, marbles would have to provide you with what they will be relying on in court. If they have provided you with nothing that even resembles a CCA I wouldn't be too worried. If they threaten legal action inform them you would like to be supplied with the documents they will be producing in their POC. They cannot keep information from you. If you have already sent a SAR, and they have not supplied you with all of the information on the account, including a copy of the agreement, they are in default. My application was from 2003, and was done online. All they have is the front page of the application form that they posted out for me to sign. They do not have the terms and conditions from when the application was made. There are no perscribed terms on the application form, so how can this be their agreement??? It would be chucked out of court. If they were so confident that they were right why have I not have a CC summons???

if you can scan and post on here your credit agreement for the loan and let the forum experts have a look. You first of all need to ensure that the loan agreement was correctly laid out with all of the prescribed terms and that the numbers add up regarding interest. Again it sounds as though the PPI is not worth the paper it's written on. I'm no expert on CCJs but if judgement has already been passed and you are now behind with your payments, have you tried to arrange to pay your agreed monthly payment, plus say £10 to start covering your arrears? If it goes to court you can use the cr@ppy PPI as part of your defence, how were you supposed to claim on such a useless policy when you needed to? You no doubt will have been paying interest on top of the PPI which will have helped to inflate to amount you have had to pay back from the original loan. Sorry I'm not more helpful....:-|

:D:D you are very welcome

well done you!!!! couldn't have happened at a better time, enjoy your Christmas refund

I sent my SAR in Jan 07 it took them until June 07 for them to come up with the one page application form. Considering I've not paid anything in two and a half years, you would think that I would have been up in court by now.......... When did you apply for your Marbles card???

my battle with HFC/Marbles goes back to Jan 07, I've not paid them a penny since May 07 when I placed the account in dispute over the incomplete CCA and the miss sold PPI. http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/215366-birchave0-marbles.html here's a link to my thread. they will threaten you with all sorts but stand your ground. No one rings me any more and my complaint is currently with the FOS who I think are siding we me They are a complete bunch of muppets, I believe they don't have ANY agreements. I was told that Marbles scanned them all onto a mainframe system then shredded the originals, oops.... So I don't know what they will be planning to produce should it ever get as far as court. Send them a harrassment letter and tell them to back off. I would also check your statements and make sure they haven't slyed ony PPI on

ok this is the first calculator Compound interest calculator go through your statements starting with the oldest first. Put in the amount of PPI, the date, the interest rate and select the 12 monthly button. Press calculate. Then write this amount down. Do this for all of your PPI payments. For every month. It will calculate the Contractual Interest that you have been charged. Once you have worked out all of your amounts, add them up. This is the total amount of PPI + interest you have paid. Then put that figure into the next calculator which will work out the 8% simple interest. The final figure is the amount you are claiming back. Blake Lapthorn - simple interest calculator I've just worked this one out myself, you will get a bit of shock with the final amount :grin:

another letter from Robinson Way....... as I have not contacted them they have no alternative, they MAY send someone around for a "HOME VISIT" I'm shaking in my size 4's I have no intention of speaking to them, or contacting them. I very much doubt anyone will ever visit, if they do however i will set the dogs on them. A cocker spaniel can do a lot of damage!!! LMAO