cardio's Diary

[SXGuy]

Re: cardio's Diary

Just another example of 1 rule for them and another for us i guess

[ken100464]

Re: cardio's Diary

It does leave the 'issue' though, that had these unwarranted charges not been made back in 2007/8 then I would not have been over my credit limit...although I accept the default was more to do with not paying the 'contractual' amounts maybe.

Should I leave it at that now ?

Think like many on here the banks being unreasonable to you is pushing you down the route of UE. Whats there to lose they aint listening or playing fair so why should you.

Only you really know how your account was operated just prior to the default in regards to non payment and or the OC knowing you were in financial trouble.

A good poster to to speak to would be gravytrain as he has/is researching wrongly place defaults. This seems to fit in more with his definition than ours did.

I was playing devils advocate with him over it but he seems to know a bit about it.

If this is the ONLY black mark on your credit file then I can certainly see where he is coming from. If however you have a shot credit file I would then say forget it all and go UE. The balance is a meaningless figure in the DCA's mind. You aint paying so it dont matter.

Let them do whatever they want by changing numbers.

[cardiac arrest]

Re: cardio's Diary

Thanks Ken. this CRA entry has just 2 years to go ..and..

I think I might leave this one up my sleeve so to speak while I deal with the DCA as it is a defective DN anyway. I've achieved my main aim with the OC which is to get recognition and recompense for how they treated me back then. The FOS are looking at it anyway and my only concern with this aspect is the level of compo they have offered...so I'll let that play out while dealing with the main issue, the DCA and the o/s debt. I feel vindicated now in my 5 year pursuit of this claim, and a letter of admission of their failure is always nice to have.

Am just sitting patiently now awaiting the production of a true copy of the executed agreement, a legible one...with the T&Cs perhaps ?

[cardiac arrest]

Re: cardio's Diary

May be an idea to get turboman to look at this, he specialises in calculations and checking lenders offers. Take a look at his post here ---> allaboutFORUMS - View Single Post - grayt72 PPI reclaim

As he is a reclaims specialist he probably hasn't looked at your diary in the UE section, may be an idea to start a new thread in the reclaims section ---> Reclaim Loan PPI - allaboutFORUMS if you are interested in working out how much you should get.

Hi FP, nice to hear from you. It's the compensation on offer that remains, as they have coughed up for all the interest, late fees & over limit fees. It's not really quantifiable in terms of what you can put a calculator to, more to do with unnecessary stress (I didn't chose my name for no reason)..but if you think he can in some way quantify or perhaps refer to equivalent cases then I'm willing to let him have a look if he's prepared to. I don't want to waste anybody's time, so what do you think ?

[cardiac arrest]

Re: cardio's Diary


Thanks FlowerPower...I have started my thread 'over there'...

[cardiac arrest]

Re: cardio's Diary

I am wondering , again, if the OC is paying back the £1k+, why they don't just pay the dca back whatever they paid for it (presumably less), and write it off for good ? it would save them money and the risk of a FOS reprimand ?

I'm assuming the OC is not on a % of the remaining balance from the DCA...?

If they have no intention of paying the refund to me, and I am unlikely to get any or much more compo, do you think I should suggest this to the OC ?

or would this undermine the UE scenario....

[ken100464]

Re: cardio's Diary

TBH

I think it would undermine the whole debt slavery idea.

If we could all go down the road of borrow say 10 grand then default and ask the OC to just take 1 grand then we would.

The OC's need the DCA's to do the dirty work and also hassle us so we never think we have actualy paid less than the original debt.

For most a F & F is just that paying less. But after all the hassle of the DCA and everything before it a F & F doesnt feel like a victory it feels like a relief to get them outta your life.

In your case your OC isnt interested, so much so it wants to screw you again. Probably because you opened your mouth and upset them claiming charges back.

Debtors are not supposed to do that.

Like many have said on this thread if you have UE on it then go for that. Because thats the victory

[cardiac arrest]

Re: cardio's Diary

I can be a nuisance...I am enjoying annoying the OC...it is sweet revenge for what they did to me, or rather what they didn't do.

I never let the emotion get in the way of a deal though, and I'd be surprised if the OC did. The DCA is wrapped up tight in UE...I don't expect to hear from them any time soon. The OC will never take this back on board, so my long list of their failings can be drip fed to them, tying up their time, costing money...and all the while I feel , thanks to help I have received on here, that I am in charge of things.

Can feel a glass of wine coming on...

[ken100464]

Re: cardio's Diary

And good for you.

That is sweeter than anything. Feeling empowered when dealing with the muppets.

Enjoy your wine its well deserved

[cardiac arrest]

Re: cardio's Diary

I'd pour you one out if you were here,but you're not...so I'll have it....

[ken100464]

Re: cardio's Diary

That seems a fair deal.

Long time ago I was best mates with an Irishman. Boy could he drink.

First time he got the whisky out he opened the bottle (new one) then stamped on the top and threw it out the window.

Bit perplexed I asked what was that all about.

He just said the whisky would now spoil if we didnt finish it off.

Boy the following morning my head. But as he told me. Least the whisky didnt go off

[cardiac arrest]

Re: cardio's Diary

After several exchanges with the OC I have hit a brick wall now in the sense they will not budge from paying the refund directly to the DCA, they will not consider compensation beyond that which they have already given me and they deny pretty much all the examples of what I called unhelpful, contradictory and obstructive behaviour....

I even accused them of reckless lending.

...and of causing me undue stress and anxiety (which they did)

So, I've played my last card and suggested that rather than buy back the account and pay in £1,100 as planned...why not just pay the DCA back what they bought it at, and then cancel the account and clear my CRA files.. ?

I've told them it would probably be a cheaper option for them, plus it is already unenforceable anyway so no one is getting any money for it, nor will...and as likely as not the DCA will be looking to dump it anyway...I reminded them it was already fully written off by the OC, and didn't they think that this was the least they could do considering how badly they had treated me.


I know appealing to their better nature is a highly optimistic strategy, but I did promise that if they did this I would withdraw all my complaints which were sat with the FOS.

Meanwhile, all is quiet with the DCA...

[cardiac arrest]

Re: cardio's Diary

17 Aug 2012 ~ sent letter to DCA for details to substantiate their legality to claim
3 Sep 2012 ~ sent CCA letters with £1 to OC and DCA, recorded delivery
28 Sep 2012 ~ sent 2nd CCA letters to OC and DCA asking for same; Rec Del
18 Oct 2012 ~ sent 3rd CCA letters to OC and DCA stating unenforceable due to not complying with CCA requests; Rec Delivery
23 Oct 2012 ~ reply from DCA with poor copy of an application form and something like a copy of an agreement between them and the OC regarding buying debts..."apology for delay we have been sending replies to your old address, here are the copies. We trust this now resolves the matter."
2 Nov 2012, emailed above to Niddy for advice on compliance
4 Nov 2012. reply from Niddy... Unenforceable !!
5 Nov 2012 ~ Sent letter to DCA asking for them to prove their legal interest in the account to establish their rights to communicate with me on this matter (Notice of assignment/Deed of assignment) before I discuss the matter further.
5 Nov ~ ...call on my mobile phone from OC !!! didn't answer but they sent me a text then and asked my to phone them...Blimey Crikey..somethings happening. This is despite my previous instruction that all communication should be in writing only
6 Nov 2012 ~ Another call from OC..suspect this might be to do with my reclaim for charges /fees which is now with FOS...didn't answer...let them put anything in writing.
7 Nov 2012 ~ Sent Niddy's template 'Missing Prescribed terms', to DCA registered post
7 Nov 2012 ~ Rec'd reply from OC re unfair interest and fees applied, claim first made back in Jan 2008, OC agreed to deduct from account balance within 40 days by advising DCA
9 Nov 2012 ~ Sent email to OC to a) query refund being made directly to the DCA b) query why claim for statutory interest has been deducted from claim and c) to state 'compensation' of £100 is derisory. Also informed OC that the case has been referred to FOS, including a copy of their offer and my reply to them.
10 Nov 2012 ~ Forwarded copy of OC's 'offer to settle' and copy of my email to OC to FOS, as FOS asked to be kept updated of any subsequent 'events'. Advised by FOS case is not yet allocated to adjudicator.
15 Nov 2012 ~ Letter received from DLC. responds as follows 1) enclosed is copy of sale agreement between Hillesden and HBOS, we are unable to provide a full copy due to sensitive data, but we will to a judge if required in Court.(and they've attached a copy of an agreement between them and the Automobile Association !)..wtf ! 2)sole purpose is to prove we acquired a batch of accounts, yours included, it will not contain info specific to your agreement. 3)Please find recreated notice of assignment letter sent to wrong address on 31 December 2009. 4) We disagree we have failed to comply with CCA regs, as we hold no record of any CCA request from you....(I've got 4 recorded delivery receipts from them for CCA requests).
16 Nov 2012 ~ Reply from DCA to Niddy's letter. " As the account does not relate to a fixed term agreement, the prescribed terms are not required to be on the face of the agreement". "Any amendments made to CCA 1974 after the agreement was signed would have no legal bearing on its enforceability; consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the Act would not apply to your agreement". "We have referred back to the original lender for an improved copy of the agreement " (that was the application form they sent me)
21 Nov 2012 ~ Reply from Sainsbury's re refund of charges received. State they have option to buy back part of debt from DLC so will refund charges etc via that method rather than refund directly to me. The FOS are still to rule on the matter though, however long that takes
23 Dec 2012 ~ No word from DCA but response from the OC. I am aware that we held an incorrect address when we sent the DN in May 2008 and due to this we have bought back the account in full from the DCA and are applying the refund to the outstanding balance. We have removed the default entry from your CRA file.
Once the debt has been returned our Collections Team will be in touch to discuss repayments to the account. Please be aware that if you don't bring your account up to date we will follow our collections process and the account can be defaulted again.

The refund has been increased to £1,347 as they missed some earlier charges. But where does this leave me ? I CCA'd the OC at the same time as the DCA,but the OC never acknowledged any of these. Does this mean the account is not in default now...and is thus a 'live' account ? I still do not have a copy of any agreement, just the application I sent to Niddy which is UE. I am intrigued as to what I will receive next...and as to what state the account is now in.

[Never-In-Doubt]

Re: cardio's Diary

I have replied to this over here ---> Default removed, but then... - allaboutFORUMS

Right, seems it's linked here ---> allaboutFORUMS - View Single Post - cardio's Diary

I am at a loss as to why a reclaim was put in when dealing with UE, this has actually caused you to go backwards as it appears they're removing the default, applying a credit then allowing you a period to rectify prior to re-defaulting, this is bad.

But all your own fault, sadly. You should never have pushed this, as soon as I confirmed it was UE you play on that. They can cancel the old default as invalid and leave it gone, then re-default you using a new date IF you accept this. You must write back and refuse the reclaim and also refuse the default amendment and stress that the default is already 4.5yrs old and whether they remedy s.87 & s.88 is up to them but the original default date of the account must remain as May 2008.

You need to try and back-peddle with things and undo the damage caused with this reclaim.

Whatever happens, you cannot let them extinguish the old default. If they do this and you agree they can then add another in a month or so when you don't pay the minimum payment due.

[cardiac arrest]

Re: cardio's Diary

Thanks Niddy. How would I stop the OC extinguishing the original DN ?
Would a simple letter stating I object to this course of action be enough to state my position...after all, I have a copy of the DN now anyway ...?

Or should I just sit tight ?