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Up the swanny...

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  • Up the swanny...

    Hi guys, (mods, please feel free to move my thread if you think it would be better served somewhere else please)

    Im new here so please forgive me if I ramble. (I'll try to keep it brief)

    I'm now disabled with no income, and live with my partner so when I was contacted by Delete UK Ltd at the beginning of May 2010, it seemed like a dreamcome true...I didn't know it would turn out to be a nighmare!

    They told me that if I had any CCards that I took out before 1997 that the goverment had made some legislation and that we were entitled to money back,or even the whole balance refunded.

    I thought it was too good to be true, so they told me to look on the MoJ website, and they were bone-fide agents that the government had authorised them to act. I checked and they were there, and listed as been in business for 7 years, so I thought they were great to deal with, and even the government had authorised them.

    They said it was 'no win no fee', and I had nothing to lose. They told me that if I put the fee on one of the credit cards that I was going to get them to action, that their fees would dissapear along with the balance too.
    They also told me that my credit rating wouldn't be affected (it was pretty near perfect before this)

    So on 19/05/2010 I authorised them to start and gave them authorisation to act on my behalf, and I gave them all my details. They did all the paperwork from there.

    In 06/2010 they recieved the agreements from the CC companies (Barclaycard and Egg)

    I recieved a telephone call from DeleteUK 22/06/1020 to tell me that they had found several breaches in the Credit Agreement and to cancel my direct debit with them.

    Then on 25/06/2010 I recieved the letter confirming this.
    "Great news, after auditing your credit agreement we have found that it isin breach of Section 60(1) of TheConsumer Credit Act 'The Prescribed Terms' and since the terms have notbeen complied with theagreement is now rendered unenforceable by Section 127(3) of the same act. Section 127(3) states
    "127(3) Thecourt shall not makean enforcement order undersection 65(1) if section 61(1)(a)(signing of agreements was not complied with unless adocument(whether or not in the prescribed form and complying with regulations under section 60(1) itself containing all the prescribed terms of theagreement was signed by the debtor or hirer "(whether or not in the prescribed manner)"

    Then there was some BLURB from them and ending with them wanting me to pay more money to a company called Romana Investments Ltd "to protect from any future restitution".

    I had no money left and nothing left on my CC so I told them that I couldn't.

    All seemed good in the world, but that's when the dream started to turn into a nightmare!

    Firstly telephone calls, they told me to ignore them and to put the phone down, or to say "I have already successfully challenged the enforceability of any agreement and require you and your agent to delete any and all personal information about me"
    They told me to ignore letters and calls from them.... there were many many calls!

    (sorry my mouse decided to post without me finishing lol)

    So then I started getting calls from Mercers (who were quite rude, so I emailed the C.E.O. or BarclayCard and told them to stop calling me and direct anything to my agent DeleteUK in writing. (the calls stopped for about a week)
    Suddenly last week, I started to get calls from a company called Calders too.
    Calders are threatening Court Action now.

    So, sorry it's been long winded (I did try to keep it short..honeslty )

    .... also just read that Barclaycard has bought Egg, so I suppose I'll be getting double calls from Mercers/Calders
    Last edited by SueS; 3rd March 2011, 17:37:PM. Reason: my mouse having a mind of it's own, and my spacebar going on strike
    Tags: None

  • #2
    Re: Up the swanny...

    Sue, thanks for posting.

    As I said on your welcome thread if you paid by credit card you should as they have gone into liquidation be able to reclaim at least your £1800 back from the credit card company.

    You may need proof that they are in liquidation though. Have the liquidators written to you at all?

    Have you been in touch with the Ministry of Justice?

    Phone up your card provider and advise them that the company who took fees of £1800 have gone into liquidation and you wish under chargeback to reclaim this. http://www.legalbeagles.info/forums/...ad.php?t=22309

    Another thing Sue is never call these companies always keep things in writing.

    https://www.claimsregulation.gov.uk/...y=-1&status=-1 the authorisation for Delete(UK) Ltd is suspended by MOJ
    Last edited by TUTTSI; 3rd March 2011, 17:03:PM.

    Comment


    • #3
      Re: Up the swanny...

      Just to add...
      When I contacted the C.E.O of Barclaycard, I also said that I was disabled, had no income, no property,and the harrasment was making me ill .

      I recieved a letter confirming that they have my email and Customer Service would reply.

      I got a reply saying that they would continue to persue in the usual manner...is this considered vexatious?
      I'm absolutely worried sick

      Comment


      • #4
        Re: Up the swanny...

        Thanks Tuttsi, I always use email with a delivery reciept.

        The Credit Card that I put the fees on is one of the cards that DeleteUK were 'dealing' with.
        And NO the liquidators have not contacted me.

        I know about DeleteUK being suspended (now), but they weren't when I started this last year.

        OMG, I have a lot of reading to do.

        I emailed the MoJ and they sent me the standard reply,with a link to the info that's on here. https://www.claimsregulation.gov.uk/consumers.aspx
        Last edited by SueS; 3rd March 2011, 17:38:PM.

        Comment


        • #5
          Re: Up the swanny...

          This site is a minefield of information and it is there for the reading. Please have a good read arround but at the moment you need to get on with the chargeback as that will start to help you.

          Were there any credit card charges on that card or any other card?


          Originally posted by SueS View Post
          Thanks Tuttsi, I always use email with a delivery reciept.

          The Credit Card that I put the fees on is one of the cards that DeleteUK were 'dealing' with. OK
          And NO the liquidators have not contacted me. ?

          I know about DeleteUK being suspended (now), but they weren't when I started this last year. Sue is this the credit card company that is chasing you for money?

          Call them anyway to put in a claim for the chargeback ASAP, that will be at least £1800 back in your account.

          Do you by any chance no how far they had got with your claim.... ie did they put it with Solicitors?

          OMG, I have a lot of reading to do.

          I emailed the MoJ and they sent me the standard reply,with a link to the info that's on here. https://www.claimsregulation.gov.uk/consumers.aspx

          Comment


          • #6
            Re: Up the swanny...

            Sue is this the credit card company that is chasing you for money?
            This is one of two. Barclaycard and Egg are both chasing me. The fees were charged to my Egg account

            Call them anyway to put in a claim for the chargeback ASAP, that will be at least £1800 back in your account.
            Ok, will do, but will they allow me if I've challenged the enforcability

            Do you by any chance no how far they had got with your claim.... ie did they put it with Solicitors?
            They said that they had their own (internal) solicitors,who read through the agreements, and they said that the agreements both had several breaches.

            Were there any credit card charges on that card or any other card?
            I don't think so, I was a pretty regular prompt payer, until this (my partner used to pay them - I have no income at all)
            But they have been applying charges since I cancelled the direct debit.


            I've only got the Egg one in electronic format... 4pages.
            Last edited by SueS; 3rd March 2011, 19:49:PM.

            Comment


            • #7
              Re: Up the swanny...

              Ok Sue

              I understand what you are saying, CCA unenforceability is not my forte and I have PM'd another member who is very experienced in these matters to come and take a look. They are not on line at present so please be patient.

              Originally posted by SueS View Post
              Sue is this the credit card company that is chasing you for money?
              This is one of two. Barclaycard and Egg are both chasing me. The fees were charged to my Egg account

              Call them anyway to put in a claim for the chargeback ASAP, that will be at least £1800 back in your account.
              Ok, will do, but will they allow me if I've challenged the enforcability

              Do you by any chance no how far they had got with your claim.... ie did they put it with Solicitors?
              They said that they had their own (internal) solicitors,who read through the agreements, and they said that the agreements both had several breaches.

              Were there any credit card charges on that card or any other card?
              I don't think so, I was a pretty regular prompt payer, until this (my partner used to pay them - I have no income at all)


              I've only got the Egg one in electronic format... 4pages.

              Comment


              • #8
                Re: Up the swanny...

                It's not true to say you have no income. If you do not receive ESA because your partner works 24 hours or more then he is responsible for your bills. You should also have a benefits check to ascertain whether you are entitled to Enhanced Disability Premium. You should also apply for Disability Living Allowance. Barcaycard won't have agreements for cards issued in the late 1990's so you should be safe enough there and they don't normally take people to court but they will hound you for it. Just because an agreement is unenforceable doesn't mean you don't owe the money. As for Egg, their agreements are dodgy anyway because their prescribed term is "Approved Limit" whereas it should in law be "Credit Limit." Since Barclays have taken them over, again it is unlikely they will take you to court. They will probably sell the debts on and be passed from one agency to another. I suggest you get a good telephone blocking system such as Trucall to prevent being called incessantly.

                Comment


                • #9
                  Re: Up the swanny...

                  Thanks Tuttsi... I suddenly don't feel alone, since I joined here

                  Originally posted by Pinky69 View Post
                  It's not true to say you have no income. If you do not receive ESA because your partner works 24 hours or more then he is responsible for your bills. You should also have a benefits check to ascertain whether you are entitled to Enhanced Disability Premium. You should also apply for Disability Living Allowance. Barcaycard won't have agreements for cards issued in the late 1990's so you should be safe enough there and they don't normally take people to court but they will hound you for it. Just because an agreement is unenforceable doesn't mean you don't owe the money. As for Egg, their agreements are dodgy anyway because their prescribed term is "Approved Limit" whereas it should in law be "Credit Limit." Since Barclays have taken them over, again it is unlikely they will take you to court. They will probably sell the debts on and be passed from one agency to another. I suggest you get a good telephone blocking system such as Trucall to prevent being called incessantly.
                  Hi Pinky,
                  Thanks for popping in

                  Well ok, maybe I phrased it wrong, I was just trying to be brief, at the time of signing, I was healthy and in full employment, and paid all of my debts myself. I was not with my partner then, so he was not party to any of my agreements.
                  Since my relapse, which stopped me from working 3-4 years ago, (99% permenantly) my now partner has paid all of my bills.
                  Question: So as a matter of law, my partner is responsible for my bills even those agreed to before I met him?... but my ex-partner who did 'benefit' from those agreements gets off scott free?
                  Yes, I do recieve DLA which is at the higher rate mobility, but it's not an income, it allows me to live a 'normal' life.
                  But I own no property, don't have a car or savings,so what could they achieve by persuing me anyway and I've informed them of this? Surely they wouldn't be able to place attachment on earnings on my partner?

                  TBH if the Credit Card companies (not only mine but all of them)were fair, not only in their processes but in the charges/interest, then none of this would have crossed my mind. I've NEVER defaulted on any loan or agreement before.
                  BUT the absolute clincher for me was when DeleteUK told me that it was a(paraphrasing) 'Government Incentive', I thought "why not give it a go, if I've 'nothing to lose?" As I said earlier, they told me that it wouldn't affect my credit rating (not that I need it now anyway), and the debt would just go "poof".
                  I should have listened to my inner-self... if it seems too good to be true...

                  I'll look into Trucall, I just recieved (yesterday) a caller ID phone,which hopefully will help.
                  Thanks



                  My infintesimally tiny brain is already about to explode now, I've been reading posts all day! So, I'm off to my darkened room
                  Last edited by SueS; 3rd March 2011, 21:14:PM. Reason: banana fingers

                  Comment


                  • #10
                    Re: Up the swanny...

                    Registration Number: Z1991621
                    Date Registered: 13 November 2009 Registration Expires: 12 November 2011

                    Data Controller: CONSORTIUM TECHNOLOGY LTD

                    Address:
                    EXCHANGE BUILDING (BASEMENT)
                    ADELAIDE STREET
                    SWANSEA
                    SA1 1SH
                    Other Names:
                    KEROBO LTD
                    RESOLVE LTD
                    CYD LTD

                    Comment


                    • #11
                      Re: Up the swanny...

                      Originally posted by SueS View Post
                      I should have listened to my inner-self...
                      Probably, but these firms market(ed) their services in such a way that the vulnerable could believe and thereby, provide finance for same

                      Sue, were you provided with copies of the two agreements (Barclays and Egg) plus terms and conditions?

                      Comment


                      • #12
                        Re: Up the swanny...

                        It would be helpful, if we could have sight of the two credit agreements:
                        Barclaycard and;
                        Egg.

                        Comment


                        • #13
                          Re: Up the swanny...

                          "Egg was established as a division of UK life assurance company Prudential. Prudential Banking was involved in direct selling of savings and mortgage products. In 1998 the division was renamed Egg and relaunched as the UK's first Internet bank."

                          "The Barclaycard was the first credit card introduced in the UK, coming into service in 1966"

                          Sorry, just trying to get to the nitty gritty.
                          What exactly was the date of application for credit to both BC and EGG?
                          Last edited by Angry Cat; 3rd March 2011, 23:39:PM. Reason: typo

                          Comment


                          • #14
                            Re: Up the swanny...

                            I too have DLA and it is SUPPOSED to be for the extra costs of being disabled but you will soon find it is income if you ever apply for council care.. They take half of it in charges as do the ILF. I'm afraid the DWP don't care about your previous living arrangements or who benefited from the money. Sometimes life isn't fair.

                            Comment


                            • #15
                              Re: Up the swanny...

                              Originally posted by Angry Cat View Post
                              It would be helpful, if we could have sight of the two credit agreements:
                              Barclaycard and;
                              Egg.
                              Thanks so much for your help Angry Cat,

                              I'll try to dig through the mountain of paperwork I have and scan them over the weekend.

                              Sue

                              e2a:
                              Funnily Romana Investments Ltd, (the company that Delete UK suggested I pay another £1000 to) was disolved in 2004!!!!
                              Registered Office 1 MITCHELL LANE, BRISTOL, BS1 6BU, UNITED KINGDOM
                              Incorporation Date 13-08-2003
                              Accounts Type Not available
                              Status Dissolved
                              Company No. 04864748
                              Last edited by SueS; 4th March 2011, 18:33:PM.

                              Comment

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