the DELETE saga continues

[johngefnir]

I have been in contact with the new company handling my now defunct Delete UK claims, and challenged their reasoning with regard to negotiated settlement instead on unenforcibility.
They tell me the information I received from Delete UK with regard to the breaches and action was in fact incorrect, and there are no legal grounds for court action, as Delete, to coin a phrase, 'screwed it up', and have made it impossible to move forward on this basis. They are willing to give me this in writing.
As soon as this letter arrives I am off to see a solicitor to see if I can gain satisfaction through the DPP.

I have had no reply from the liquidators or the CIB regarding the suspected fraud, but I have had a snotty letter from Ravenstone, (I wrote to Roderick Bond) telling me basicaly to stop griping, Delete are gone and that they, Ravenstone , acted merely as a financial clearing house for Delete. (Does that imply/mean laundering and skimming?)
So I think I may go down the negotiated settlement route as it apparently impacts less severely on my credit history.

I will post developments as they happen, and with this added information it may be worth other dissatified Delete clients to move on this also, the weight of numbers might act in our favour!

[Amethyst]

Re: the DELETE saga continues

'no legal grounds for court action' ??

You paid upfront for a service which was extremely poor...many of these companies had a win or your money back policy - I don't know Delete's contract so I don't know, but you should sue them for it. And really are a second CMC going to be any better ? They have told you no breaches etc - how do you know that is correct ?

Who are this new company ?
Have YOU got copies of the paperwork - CCA's etc ?

[johngefnir]

Re: the DELETE saga continues

I have a copy of one of the original ccas, a partial cca, and one which keeps referring to the original, but does not include it.
The new company is Credit Clear Services, and have assured me that there will be no further costs to me, my file was passed to them by Consortiumm Technology who introduced me and others to Delete.
Delete worked on a no win no fee basis, according to them they had won by showing breaches, my idea of winning is the cc companies agreeing to write off the debt.

[Amethyst]

Re: the DELETE saga continues

So the same company referred you to Delete UK and to this new company ??????????

Do you have a copy of the contract with Delete ? (ref the no win no fee part) Winning is not (apparently wrongly) showing you have breaches in CCA documents as you say.

If you feel like posting up the CCA (removing peronal stuff) some people on here might be able to give you a fair idea if there are or aren't breaches in it as we have nothing to gain or lose by telling you the truth.

[johngefnir]

Re: the DELETE saga continues

I have the cca scanned on the computer, I am not sure how to upload it though.

[Amethyst]

Re: the DELETE saga continues

In the post reply box, click go advanced, then manage attachments above the bit you type in (looks like a paper clip) and it should open a pop up box which will enable you to upload them to the site.

As I said before though make sure you have blanked out names and a/c numbers.

[johngefnir]

Re: the DELETE saga continues

OK, here goes, there are a lot of pages.

[johngefnir]

Re: the DELETE saga continues

here is the last page

[Amethyst]

Re: the DELETE saga continues

Ta What did Delete originally say the breaches were ?

Do you have any copies of the first statements on the card ?

I doubt the credit limit was shown on the back of the application.

[johngefnir]

Re: the DELETE saga continues

I can't upload the complete document as it is in PDF and I can't remove my information, so I have copied and pasted the relavent bits. One thing stands out though, on the second from left uploaded document it says credit limit £4,800.00, on Deletes audit report it states credit limit £100.00.

Credit Limit: £100.00
Purchases
Agreement Assessment Result
Monthly Simple not stated - BREACH
Annual Simple not stated - BREACH
Annual Compound not stated - BREACH
APR not stated - BREACH
Handling Fee not stated - BREACH
Balance Transfers
Agreement Assessment Result
Monthly Simple not stated - BREACH
Annual Simple not stated - BREACH
Annual Compound not stated - BREACH
APR not stated - BREACH
Handling Fee not stated - BREACH
Cash Advances
Agreement Assessment Result
Monthly Simple not stated - BREACH
Annual Simple not stated - BREACH
Annual Compound not stated - BREACH
APR not stated - BREACH
Handling Fee not stated - BREACH
Total Charge for Credit (TCC)
Agreement Assessment Result
Total Charge for Credit not stated - BREACH
No interest rates have been stated for any element of the agreement - BREACH
The agreement breaches as no interest rate for purchases, balance transfers, or cash advances is stated. As outlined in the 1983 Regulations either an annual or monthly interest rate must be stated in the agreement. This is a breach of a prescribed term.

This agreement breaches Section 61 of the Consumer Credit Act 1974 as it is improperly executed. From the agreement audited, the prescribed terms have not been included in the document executed by the client.
Handling Fees: The Agreement does not contain the amount of the handling fees - BREACH
A handling or service fee is to be applied to one of the elements of the agreement. The actual amount is not stated and therefore breaches Schedule 1 of The Consumer Credit (Agreement) Regulations 1983 as amended.
Total Charge for Credit: Not quoted on the agreement - BREACH
The agreement breaches the Consumer Credit (Agreement) Regulations 1983 as it does not contain a total charge for credit.
As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place.
Yours sincerely
Delete (UK) Limited

[johngefnir]

Re: the DELETE saga continues

I have now negotiated a 50% partial settlement with Barclays and a 30% partial settlement with MBNA, but they say the defaults will remain on file for 6 years even though the balances will show zero. Can I get the defaults removed?
Does anyone know how?