CB's on a mission

[Curlyben]

I'm not really sure if this is the right place for this one, but here goes nowt.
This has been ongoing for nearly 2 years now, so not really in that much of a rush to finish.
Had other fish to gut first.

See I'm not ALWAYS fighting DCA's

I would try and rehash a shed load of work, but I'm, generally lazy, so here's the original thread: Seriously Confused Could Use Some Insight and Advice. - The Consumer Forums

Here's the opener of a 5 page missive:

This is very twisty, but I'll try and explain.

Starts like this.
Had two loans A1 and A2 these where combined into one loan A.
Now loans A1 and A2 all signed correctly etc. Combined loan A not signed for at all and I was completely unaware of it until I received S.A.R - (Subject Access Request).Had a store card B1 (first purchase) B2 (second purchase), why each purchase has a seperate account number is beyond me, could be B1 was first year free and B2 wasn't. This card was filled in in store and issued. The normal story.

Now I got into payment difficulty so A + B1 + B2 = Loan C.

So my S.A.R - (Subject Access Request) shows A, B1, B2 and C.
Now C was completely to pay off the others, but as I didn't sign or have knowledge of A where do I stand ?

Can they do this basically put a loan I have no knowledge of into a combined loan to pay off the whole debt ??
The S.A.R - (Subject Access Request) does show the elements of C above, but no mention of the original A1 and A2 loans. After going through my bank statements I have found the numbers for the missing loans, but still nothing for A.

As you can imagine I'm rather confused.
I'm going to have to CCA them anyway as the S.A.R - (Subject Access Request) didn't have any mention of interest rates, just transactions with codes for charges etc.
Yes I am going for the charges.
I know I owe money, but I'm not prepared to pay for something I'm not liable for. All I want is the total I owe without all of this concealment.

Any help, advice, comments gladly accepted.
I can see this is going to be a right pain to sort out especially as A1 and A2 date back to 1998.

So an update.

They have finally, almost, complied with my FULL SAR, just a couple of bits outstanding.

I have enough to be going on with anyway.
All I really need to do now is find some time to sit down and work my way through it all.

I'm looking at a three pronged attack with this.

• Charges
• PPI
• Incorrectly settled loan

On a rough calculation I'm looking at:

• Charges - 2k
• PPI - 2k
• Incorrect Settlement 4k

So overall these should account for the outstanding balance and might even wide up with them owing me !!

So any comments ?

[Amethyst]

Re: CB's on a mission

errrr whoooosh

Seriously tho i will have to read your CAG thread (google cache text version of course)


You took out Loan C with the purpose of paying A1,A2,B1 & B2 yes?

as you werent yet aware of A1 & A2's amalgation

[Curlyben]

Re: CB's on a mission

Yeah now you know why I'm confused with this one.
All very odd.
Basically there's about 8k outstanding and, due to their mismanagement, about 8k over charged.

So simple maths;
8-8= ???

This is what I have to prove and take to court if needed.

[Amethyst]

Re: CB's on a mission

Are they chasing you?

Loan A i dont understand -whats incorrectly settled? was it not a straightforward amalgamation of two loans to one account ?

When you did loan C - was it a restricted use loan? ie. did you specifiy what the money was going to and did they adminsiter that?



Charges and PPI simple enough to understand

[Curlyben]

Re: CB's on a mission

Not really.
They have passed it to their wonderful DCA, DLRS, who I have given a firm tongue lashing to and told them to back off.
The last conversation I had with them left them completely aware that I know what I'm doing and I will no longer put up with their bright yellow template nasty grams. Surprisingly enough I haven't had any contact with them since

I'm currently paying them £10 a month to keep things ticking over and running on MY time frame.

It's amazing how pliable an OC can be when the boot is on the other foot, and I wear steelie CATS.
More RoShamBo me thinks

[Amethyst]

Re: CB's on a mission

lo go RoShamBo

[Curlyben]

Re: CB's on a mission

You KNOW it, especially with the sums involved here.
I'll post up some more bits when I get a chance and dig out the paperwork.
Then you'll have a clearer idea as to what I'm having to deal with.

Might also help me see things a little clearer.

[Maxwall]

Re: CB's on a mission

This may help your case later on:

The Civil Evidence Act 1995 is one of the most important acts in the UK.

Section 8 states:

(1) Where a statement contained in a document is admissible as evidence in civil proceedings, it may be proved

(a) by the production of the original

(b) whether or not that document is still in existence, by the production of a copy of that document or of the material part of it, authenticated in such a manner as the court may approve.

2) It is immaterial for this purpose how many removes there are between a copy and its original.

A company presenting documents that have not been altered since its creation or has a clear audit trail that shows any and all changes since its creation holds a greater ‘weight’ than a document that cannot show these procedures.

Section 9 states:

1) A document that is shown to form part of the records of a business or public authority may be received in evidence in civil proceedings without any further proof.

(2) A document should be taken to form part of the records of a business or public authority if there is produced to a court a certificate to that effect signed either by an officer of the business or authority to which the records belong.

The law can be interpreted to show that an original document is not the only admissible evidence in a civil court. Electronic copies of documents are acceptable so long as their integrity can be shown.

I think people should use this in their letters asking for more information under CPR18 and Witness Statements from now on. I have added this to two CCA non compliance claims, and to me it's another headache, headscratching exercise for the DCA's and Original Creditors.

Also Key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.This is worth adding to a defence if the DCA's, original creditor comes after you with a flimsy case with no agreement.

[Curlyben]

Re: CB's on a mission

Thanks for that Maxwell, but to be honest the only side that will be taking legal action with this will be ME

[Foxfan]

Re: CB's on a mission

Have you put in a claim for the penalty charges etc etc yet?

[Curlyben]

Re: CB's on a mission

Hehehehe, not as such as I have been waiting for their SAR compliance.

As I mentioned above I'm NOT doing this piece meal, I intend to hit them with the WHOLE amount of mismanagement and wait for the dust to settle.

[setmefree]

Re: CB's on a mission

Hehehehe, not as such as I have been waiting for their SAR compliance.

As I mentioned above I'm NOT doing this piece meal, I intend to hit them with the WHOLE amount of mismanagement and wait for the dust to settle.

Wey to go Curlyben,nail their pathetic overstretched butts into the groud,i'm proud of you..

[Curlyben]

Re: CB's on a mission

So came home from work to find a nice yellow letter from their in house DCA.
Now I have been getting these alot, but I torn them off a strip a few months back.
It now appears my name is back in the nasty-gram draw.
The usual upto 60% discount or court in 14 days.

So one irate phone call later, having verbally RoShamBo'd them they backed off.
It's amazing what a few well placed threats of counter suing for harassment and OFT reports does for your friendly DCA

[WendyB]

Re: CB's on a mission

Would expect nothing else from you CB. keep up the good work!:tinysmile_grin_t:

[Curlyben]

Re: CB's on a mission

Right then had some spare time and done some work on this.

So far we have:

Charges inc interest: £1200
PPI: £1000
Settlement: £500

Interest I have calculated at CCI to the date of termination.
Should I push it further ?

so we're looking at £2700

Now the problem I have is one of the loans, A.
The PPI is a total mess. There are TWO policies on this one account and they account for £3700 !!!!
Yes this loan was that large, about £12k. Bear in mind I was earning less than that a year at the time.

Looks like I might have to employ a professional accountant to have a dig through this lot as I'm getting number blind with it.

Either way the final consolidation and subsequent default are complete ball hooks and I will expect them to be removed.

Any comments ?