shas v A&L and the world

[Amethyst]

Re: hiya! * shas v A&L and the world *

DCA's

Direct Legal Collections 24.99
Marlin Financial Services 14.52
Drydens 13.29
Cabot 5.59
Moorcroft Debt rec 13.98
UCA 2.00
UCA 2.00
UCA 2.00


Original Creditors

Capital one 8.90
Co-op Bank 2.00
Co-op Bank 10.73



On the court paperwork for the charge orders (you'll also have info from the land registry for all three ?) does it have the creditors names ?


So far we have
Egg 16k (debt management plan)
nationwide 10k (charge order)

who are the other charge orders ?

Possibly to get all the information we can do a DPA request on debt release direct ?

[shas]

Re: shas v A&L and the world

Hi, its more than 40k. I asked for the starting balances & theyre approx 55k!!!

I think I've been keeping myself distracted from this for some time... I think its time I get this in order. I have got to live another 50yrs roughly to pay things off as they are the moment lol!
------------------------------- merged -------------------------------
I'm still trying to get used to the abbreviations!

Ok,

Direct Legal Collections = EGG 14807.42 **charge
Marlin = MARBLES CREDIT CARD 8900.OO approx
Drydens = NATIONWIDE CC 9300.00 approx **charge
Cabot = LITTLEWOODS CC THROUGH BARCLAYCARD 3500.00approx
Moorcroft = GOLDFISH CC 8500.00approx
UCA = AMERICAN EXPRESS CC'S 2000.00approx
------------------------------- merged -------------------------------
The other charge is either marbles or goldfish.
------------------------------- merged -------------------------------
Then its 2 accounts with the co-op & a capital 1 credit card... & thats it!
------------------------------- merged -------------------------------
& yes, I'll claim the charges back through here. I was asking them about how they do things... just to be nosey!

[Amethyst]

Re: shas v A&L and the world

lovely thanks shas

time to write some letters....

Company Name
Address
Dear Sir/Madam

Ref:− Your Reference

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

Your Name

send one of those to each of

Marlin
Cabot
Moorcroft
UCA

with a £1 postal order.

Give them your account numbers if you have them otherwise name and address should be enough.



Capital One / Barclaycard / Egg / Marbles / Goldfish / Co-Op / Amex (ie all the credit cards)

send

Dear Sirs,

I am writing to insist that you refund the penalty charges incurred on the above account since inception. These are listed as “Late Payment Charge” and “Over Credit Limit Charge” amongst others.

I am aware that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. In addition, following a recent Freedom of Information request to the Office of Fair Trading I was informed that:

“Following consultation with eight leading credit card issuers we have concluded that default charges in most credit card contracts across the sector are highly unfair in terms of the UnfairTerms in consumer Contracts Regulations (UTCCRs) and therefore unlikely to be enforceable against consumers”

If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

I therefore insist that you refund to me, by way of cheque, the total amount of all charges incurred plus any interest accrued at the contractual rate thereon. I will not accept partial repayment nor will I accept that the Office of Fair Trading report of 05/04/06 deemed £12 to be an acceptable charge, as it clearly did not. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive a refund in full which would return me to the position had these charges and interest thereon not been incurred.

If you do not respond, or you do not respond positively, within this time period, I shall refer the matter directly to the Financial Ombudsman and Office of Fair Trading for further investigation.

Should I not receive satisfaction in this way, I shall then seek recovery by way of a County Court claim against you.

Yours faithfully,

again if you have a/c numbers put them on, otherwise name and address details will do. send to each companies head office which should be quite easy to find.

this will get a claim/dispute in the system and when we can afford the data protection act requests we can start on those if these letters don't do the trick.

Change we to I etc as needed



next the hardship letter - which will take a bit of thinking so be getting on with those letters first (if you want to lol just kick me if i'm being bossy)

[shas]

Re: shas v A&L and the world

Ok, do I need to send any money with the last letters?

[Amethyst]

Re: shas v A&L and the world

Hardship Letter for Alliance & Leicester - needs a lot of work so hang fire just a rambly old beginnings





Dear Sirs

REFUND OF CHARGES - FINANCIAL DIFFICULTY

I am writing to complain about the level of bank charges that have been applied to my account. I am now, following research, aware of the High Court Judgment being appealed in the House of Lords this week, and aware that the charges applied are considered to be assessable under the Unfair Terms in Consumer Contract Regulations.

It is my belief that these charges are disproportionate and unfair and I request that all charges applied to my account since its inception in XXXXX (year account opened) are refunded to me forthwith.

You will be aware of my financial circumstances, but should there be any queries please see the attached current Income and Expenditure sheet. My income is made up solely of Benefits and your bank taking over £400 in the past couple of months has put me into a position of further severe hardship.

I am aware there is an exception to the FSA waiver which you have been granted. I am aware of your duties and obligations regarding customers in Financial difficulty, and as I consider myself to be in Financial Difficulty I expect you to process my complaint and request for a refund of the charges in a timely manner.

I appreciate you have withdrawn banking services from me to reduce escalation of the charges forcing me to open an account elsewhere in order to survive, although this has been passed to debt collectors who are now requesting repayment of the overdrafty in full. Considering I expect the charges you have taken from me will far outweigh the amount you alledge is owing please be aware I consider the account to be fully in dispute and ask you refrain from further collections activity until this dispute is resolved.

I would also like to draw your attention to guidance issued by the financial services authority on 19th March 2009 which stated

''V) firms to provide a range of measures to support customers and to treat them positively and sympathetically. These might include: help and guidance about dealing with FD and avoiding charges; suspending collections and recovery activity; suspending accrual of further interest and charges; consideration of a refund of charges, in particular where the charges may have added to the FD during, or immediately before, the period of FD. The rationale for why a particular level of refund has been given should be documented and clearly explained to the complainant.''

The charges incurred have snowballed and during an extended period of hardship which does not look set to improve this has compounded matters and made affording my essential living costs such as food, electricity (whatever you fancy putting) very difficult.

I suffer from (illnesses) and my income includes (benefits) which reflect that situation. My Income and Expenditure sheet also shows the level of debt I am in which was accrued prior to a relationship breakdown. I have been managing this through a Debt Management Company although this has not stopped a number of creditors obtaining CCJ's and charging orders on my home. Each month things become more difficult and the charges applied seriously do not help matters.

Please refund all charges applied to my account as a matter of urgency. I have submitted a formal Data Protection Act request to obtain a full list of charges applied and I will on receipt of that be taking my complaint to the Financial Ombudsman or the County Court if the matter remains unresolved.

Please confirm you are processing my complaint within 5 working days. Should you require any further information you may contact me on XXXXXXXXX (phone/address whichever you are happier with)

I look forward to hearing from you


shas

[shas]

Re: shas v A&L and the world

It reads well. thank you

[Curlyben]

Re: hiya!

Direct Legal Collections 24.99
Co-op Bank 10.73
Marlin Financial Services 14.52
Co-op Bank 2.00
Drydens 13.29
Capital one 8.90
Cabot 5.59
Moorcroft Debt rec 13.98
UCA 2.00
UCA 2.00
UCA 2.00

Well I can help with THESE, whats UCA ?

I love DCA's

EDIT: That'll learn me to read the whole thread

D'oH.
Lack of sleep is my excuse and I'm sticking to it..

[Amethyst]

Re: shas v A&L and the world

Don't worry Curly, after first response from the intitial CCa letters we'll be bashing your door down for help :kiss:

[shas]

Re: shas v A&L and the world

Ok, the credit card letters are done.

So is the A & L dpa

[Amethyst]

Re: shas v A&L and the world

nice one :kiss:

see you feel better already

[shas]

Re: shas v A&L and the world

lol!

Tell me, what is the plan for the dca's? Can anything be got back from them? (their charges?)

[Curlyben]

Re: shas v A&L and the world

ROFLMAO..

DCA charges are like a Hindu Christmas, complete fiction

Unless there is a clear contractual provision they CANNOT simply add charges and interest as they see fit.

Not to worry I have some "special" treatment for DCA's..

[Amethyst]

Re: shas v A&L and the world

with the charging orders i was meaning to ask - do you have installment orders from the court as well ?

[Curlyben]

Re: shas v A&L and the world

How old are the CO's as I noticed that they are with DCA's as well..

[shas]

Re: shas v A&L and the world

ROFLMAO..

DCA charges are like a Hindu Christmas, complete fiction

Unless there is a clear contractual provision they CANNOT simply add charges and interest as they see fit.

Not to worry I have some "special" treatment for DCA's..

Ok! The majority of mine (if not all) have already been to court...I wasn't sure much could be done with them but I'll trust you LOL!
------------------------------- merged -------------------------------

with the charging orders i was meaning to ask - do you have installment orders from the court as well ?

I've no idea! All I know is that I have to stick to the payment plan I have with them & they wont do anything...
------------------------------- merged -------------------------------

How old are the CO's as I noticed that they are with DCA's as well..

The charging orders?

1 went through on the 18th May 2009.
The others are a couple of years old... I'd have to disappear for a few days to find the paperwork!
I was told that the dca's wouldnt accept the payment plan without the charging orders. :-/
------------------------------- merged -------------------------------
I have asked for clarification in the past & have basically been told that this is it for me for the next 50 odd years or so, unless I come into some money & that most of it is just standard procedure, nothing to worry about.

I find the idea of having to live til I'm 88 just to pay these off a bit depressing if I think about it!