findingaway's Mess!

[Never-In-Doubt]

Re: Is UE an option for me?

Well done you - that's a great result! Regards to CCA's - let me check your diary out, if you update it all then i'll check tonight and advise as appropriate.......

Well done on the PPi claims - nice one.

[findingaway]

Re: findingaway's UE Diary

Hey Niddy ;Hi

Thanks for replying, yeah I'm so chuffed 2
It's up to date I've just not reduced the reclaim charges (around 200 each on the sainsbury's cards) it's just waiting your perusal

[Never-In-Doubt]

Re: findingaway's Mess!

Hiya

I'll go check your diary now......

[findingaway]

Re: findingaway's Mess!

Haha just seen this ;N findingaways mess - cheeky sod ;Spank ;Spank
Cos it's you tho i'll let you off ;Sh

[Never-In-Doubt]

Re: findingaway's Mess!

Haha just seen this ;N findingaways mess - cheeky sod ;Spank ;Spank
Cos it's you tho i'll let you off ;Sh

;Sh

[findingaway]

Re: Is UE an option for me?

[quote="findingaway"]Just to add - I've also got a CCJ on there for £3615. On one report it's marked as settled & not on the other. I've already sent a letter of dispute over this as I thought this debt was already repaid (long story) PRIOR to CCJ, but cos I didn't open envelopes (sorry ;D ) didn't know I had it until a few weeks ago.

Hi NID ;Hi
I'd like to clarify where I'm at with this. My husband (ineedhelp) told the story on this. Basically we thought the debt had been repaid (alongside another) back in March 2006. However when I got my credit files in Aug it showed a ccj against me in Sept 09. ;EEK I was ill at the time & neither of us were aware of it. He wrote to RBS on 24/8, informing them of the situation & asked if they could clarify the points he raised & he also included a copy of the letter we'd received in 2006 saying they would notify the cra's that the accounts were satisfied (although they didn't put any acct no's on the letter) & a copy of the credit files from a couple of mths later that clearly showed there was no loan owing to RBS - not heard anything. Then we checked the other CRA & although it showed the ccj, it said it was satisfied. So wrote to RBS again a couple of weeks later, this time including the files that showed it was satisfied & asked how this could be as we certainly hadn't paid anything since 2006? still not heard anything. So he posted on here & NID said to go to FOS. Before he could do that we got a letter from Regal (23/9) saying a further letter would be sent showing we owed the money. So he didn't send FOS letter as thought we'd be hearing something soon, & we'd respond to that. Not heard anything since. So that's the looong story til now.

Hubby wants to go for set-aside now & was just wondering if he should send a CCA request first. NID said yes do that 1st. (Just to add he said loan was taken in 2005 but it was earlier than that as I thought we paid off in March 2006. I've not got any documentation & it's not showing on the credit files - apart from under the public info -ccj. It's more like 2004 at the latest)

Only thing I'm worried about is, as it's taking so long for them to reply maybe the reason for that is that they can't find the "evidence" to prove I owe the money & if that's the case maybe we should just wait a bit longer. I think they HAVE to reply in 8 weeks from posting anyway (I may be wrong) so that's by 19/10, only another 8 days.

Sorry it's so long winded but I wanted you to know the full story. What do you think I should do??

[Never-In-Doubt]

Re: findingaway's Mess!

I would wait until you hear back then compose one detailed complaint and go for set-aside...

[findingaway]

Re: findingaway's Mess!

Thanks NID,
I'll let you know when we hear more, if that's ok?

[Never-In-Doubt]

Re: findingaway's Mess!

Thanks NID,
I'll let you know when we hear more, if that's ok?

Yep just email me anything you need checking and update this...... good luck ;-y

[findingaway]

Re: findingaway's Mess!

Hi Niddy ;Hi
It's been so long since I've been on as I've had no computer for weeks all seems sorted now though Only a couple of things to tell but I definately need your help with this

I would wait until you hear back then compose one detailed complaint and go for set-aside...

Full story is higher up the thread, but I did as you said & was just waiting to hear from Regal, seems it's gone back to RBS cos this is what I recd dated 27/10/10 from RBS, sorry can't scan so this is exact quote.

"Re Personal loan account

We write concerning your request for a copy of the loan agreement for the above account. We have requested this from (my original branch) and they have advised that they are unable to locate a copy of this agreement.

Please find enclosed a screen print of your current account to show that the loan funds of £5000.00 were credited on 18 december 2003.

The loan details are as follows:

Amount £5000.00
Interest rate 3.35% Flat rate
Monthly repayment £97.29
Term 60 months
Maturity date 27 December 2008
No insurance was taken with this loan

If you have any further queries on this or any other matter, please do not hesitate to contact this office."

I have never asked for a copy of my loan agfreement - I asked why they had obtained a judgement against something I considered I settled in 2006, & also why they had informed 1 cra it was settled but not the other cra. They have ignored my questions completely.

I still want to go for a set aside as I don't think they'll be able to get another judgement as they can't find my agreement, but is there any way you can help me with my response to it?

Other news:
When I spoke to RBS/MINT when they said the ppi had cleared my cards, I asked if they would be able to remove the default status on my files. I was trying it on really, cos I never thought they'd agree, but I pointed out that really I was too ill at the time to claim what was due but if I had, I'd never have got the defaults in the first place. They asked me to send proof I was off work at the time the defaults were added, which I did, & I got a phone call yesterday to say they are going to remove the default status!

Out of the blue, I've received offers from dca's:-

dlc(Hillesden) have offered me a 75% discount ;EEK on 1 of my Sainsburys card's & loan!!

buchananclark + wells have offered me a 50% discount for a phone debt (which I know I'll have to pay) so I'm thinking I should accept but would like to send the template letter re default removal to them with the offer, would that be ok?

So that's me up to date, not received anything else.

Hope your all ok, it's gonna take me a while to catch up with the diaries but I'll be reading avidly.

Ta in advance Niddy 2

[Never-In-Doubt]

Re: findingaway's Mess!

Hiya

Woah - soooo much going on! I'm head mashed...... ;P-; ;P-;

Ok,

Link Financial MBNA - Why was this rejected? Send them a copy of the recent successes plus proof of your sickness to them, and a cover letter saying this is their last chance prior to your involving the FOS and reiterate that as you were sick and told at the time you could not claim (mis informed) that you hold them 100% liable and welcome any action they may take as you'll defend it as a result of their shortcomings....

Yea, you're telling a white lie about being rejected - but for arguments sake pretend and stick to the pretence, that you called when you were sick and was told that you were not covered - which you've since found to be incorrect, they should also wipe all charges and fee's plus interest assuming the premiums were paid out with the PPI you had on the account.

Ok, with respect to the offers you've had - you cannot go accepting them as you have too many creditors and you cannot be seen to favour one over another. You need to see the process through and let things come to a head, then do an update with each account and we'll take it one step at a time - right now you have way too much going on with reclaims and complaints etc.

As for the CCJ - you simply compose a defence based on what you have told us, i.e. the truth - that they do not have an agreement and you never recall signing one, but as standard you ALWAYS apply for PPI and use the above accounts as proof of this fact. Then say, without the original agreement it is impossible for you to retrospectively claim (which it is) and you therefore seek set-aside based on this. Also, you want the debt quashed as it should have been paid out for using PPI - even if you know you never had it, so what! Say you would have usually taken it - then it is for the bank to prove you never applied for it - as they do not have the original agreement, they cannot categorically prove that you signed the box asking for it meaning the whole amount should be wiped.

Hope that helps, best of luck.

[findingaway]

Re: findingaway's Mess!

Thanks NID & sorry for mashing your head, but mine's a bit the same now ;P-;

I'm not able to accept any offers right now anyway, so that's the end of that one!

MBNA(Virgin) rejected claim cos of an exclusion clause (I had to see a phycological specialist - & I didn't) so I didn't think I can appeal that one & had accepted that - now you know the reason do you still think I should appeal it ?

CCJ - I was going for set-aside as I hadn't been opening letters so didn't know I was being taken to court & only found out after the judgement through my credit file, my dr has said he'll do a supporting letter as my illness was the reason i wasn't opening the letters in the first place. That's what I was going to say to the court's but I didn't know whether to respond to the RBS letter?

I'm not sure if I didn't explin myself properly & you misunderstood what I was meaning or whether you understood me & think i should go for the set-aside on the grounds you said? I really thought I'd settled the loan in 2006 & have put that in writing to them, & my illness started about 12mths after that so I don't think i can use my illness as a factor?? It was just a factor in not dealing with letters received 2009. Hope that explains it a bit better.

Sorry to be such a pain ;Sh
Thanks again for your help

[Never-In-Doubt]

Re: findingaway's Mess!

Hiya

Ooops sorry ok! Regards to MBNA still appeal and explain the fact that you had PPI and want paying out, the illness meant you never knew about the exclusion cause (cos when they wrote and told you this you never opened it) - surely there is something you can do?

Ok, with respect to the set-aside, I am sorry I forgot - yea, you think you've settled this so you should do what you said, and base the defence on that argument and get proof as you say, about the illness but also add to the defence the fact they have refused to send an agreement and refused to conduct themselves in a business like manner meaning you had no possible way to prove anything in the past!

Its a shower of shit really, and I do feel for you but then again you should now start to be more organised and have a file for each debt - then add each letter to the file and update this at the same time....

[findingaway]

Re: findingaway's Mess!

Thanks again, will try with ppi then & will get my form to the court's next week, I'll keep you updated as soon as I hear anything

Yep, I've got every debt in it's own little file now, 1st lesson I learnt from this site. It empowered me a bit, reminded me that was how I used to be! Getting there!

[Never-In-Doubt]

Re: findingaway's Mess!

Best of luck - you're doing great, remember that y