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alf2000

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  1. Just got back from court .... They did not turn up as it said in their letter. The Judge said they have withdrawn it so that’s that! I asked for costs and the Judge pulled his face a bit - and said he would consider it. He then said that they wrote in there letter that they had wrote to me 4 times asking for the money and I never complained and if I had they would not have issued the demand. ... So he said he would consider a percentage as I was partially at fault He then asked if I had sent a copy of my expenses to 1st credit - I said no and he said that’s it then - you can not have expenses. I tried to explain that they were underhand but the Judge would not listen to the OFT report or the letters the OFT sent me. He also would not take in to account that they did not formally assign the debt, and that I presented the recorded delivery slip of the CCA request and they then assigned it to 1st credit a month after they were in default of the CCA and I informed 1st credit that there was a dispute and that the account was in dispute – but they argued in their letter that I did not make it clear that it was a CCA dispute!!!! He just would not listen At least the OFT have taken some action.
  2. Thanks Michael I have already reported them to the OFT, and the OFT asked for permission to release my details to them so that they could talk with them about the case. However they probably would know this? plus I really do not expect to see them there. I really have spent over 40 hours including research, but I will reduce it if this looks like I am going over the top. I guess I just did not have any background and wanted to be sure what I was doing, and maybe I have not picked things up too quickly. I was considering knocking 10-15 hours off, I assume this would be seen as reasonable?
  3. Thanks for the information, the 40 hours included all the research reading through cases on here, to figure out what to do and writting to the OFT, so if its just time preparing letters and putting the evidence together for the claim then it will be a lot less. All other costs are next to nothing. If out of the blue 1st credit were to turn up, do we just run as normal? or do I jump all over them about the letter saying they will not be there? If they do and I need to fight them, I should win in anycase but does anyone have any advice on angles that I need to have covered against them? If they walk in with my CCA does that count? or do I need to have had time to check it in advance etc? This on its own should not be enough for them to win as the owe me thousands on penalty charges but I would just have to trust that the judge would take the penalty charges in to account.
  4. I am in court tomorrow with this!!! 1st Credit have said they wont be attending - and say they have wrote to the court to advise them they are formally withdrawing the stat demand What should I be expecting in court? - Will I still have to put my case over - or is it just a case of me claiming my expenses? For my expenses what prep work do I need to do and what is reasonable to claim, I was thinking that the research that I have done is probably over 40 hours - is this reasonable? I have not taken any time off work so I assume my only real expense is my time? What advise does everyone have on this?
  5. wow I am shocked, am I doing something wrong on ofcom I can only find 3 things about this company, the first is saying that ofcom approves them, and the 2 are something else, but I can not find the bit with complaints. The bit I am look at is ... Ofcom website - search results: onebill telecom What is the link to find complaints on ofcom about this company.
  6. I have put my complaint in to the OFT, as well as complaining to the district judge about their conduct and requesting a restraining order. They have just edged my account over the £750 mark so that they could send it out, its a clasic example of how these people work. I think they were originally asking for around £400!!! Plus they would not send me a CCA or give me back the £1.5k that they took in charges. I am going to push to get this back next, but I might need some help there as I bottled out when I got to the court stage. As they owe me over £750 can I issue a stat demand back?
  7. Is the rest okay do I just need to take out .. "I believe this to be a frivolous and unlawful action as the demand does not state a county court on it, and nothing has been 'served'."
  8. Is this okay? The debt is totally disputed. This has been raised with the original creditor but despite the bona-fide dispute the debt has been passed on. This I believe to be a completely vexatious and unlawful action and an abuse of the Insolvency service. The original creditor has not completed a section 78(1) Consumer Credit Act 1974 request submitted on xx/xx/xxxx, s78(6) Consumer Credit Act 1974 is active preventing the original creditor from enforcing the agreement at all either with or without a court order until it has completed the request. The debtor is currently going through the process of reclaiming in excess of £1500 of excessive penalty charges. I believe this to be a frivolous and unlawful action as the demand does not state a county court on it, and nothing has been 'served'. I gracefully request that the demand is dismissed, and in light of the frivolous and unlawful nature of this demand and the upset this has caused me and my family, I request the judge order the claimant pay my full costs and makes an indemnity award and orders the claimant to remove any adverse default information that has been put on my files. I also request that the judge grants a bankruptcy restraining order in my favour against this company.
  9. Thanks 42 man Is this all I need to put ? "The debt is totally disputed. This has been raised with the original creditor but despite the bona-fide dispute the debt has been passed on. This I believe to be a completely vexatious and unlawful action and an abuse of the Insolvency service. The debtor is currently going through the process of reclaiming in excess of £1500 of excessive penalty charges. I believe this to be a frivolous and unlawful action as the demand does not state a county court on it, and nothing has been 'served'." Or do I need to explain more about Citi's poor response to my CCA request back in september? and quote the case law examples etc?
  10. mine would be a very old agreement from about 10 years ago
  11. This is a copy of the thread I have opened in another forum, but I have been asked to put it here as well as it involves Citi The original link is http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/183101-statutory-demand-citifinancial-1st.html#post1973074 I have just got a Statutory demand relating to Citifinance, I am not sure if it looks legit, it lists 1st credit as the creditor and also connaught as the creditor and it is over an alleged debt to Citi Finance! It also says "[your local court]" in brackets for where it should say the court that is supposed to be dealing with it. To have it set aside it says I have 18 days from when it was served To do so I have to apply to the court mentioned in section A - where it does not give a court - it justs says [your local court] and it must be supported by an affidavit, and that the forms are available from the local court?!?!?! This was waiting for me in a pile of post and is dated the 21/1/09 but there is no postage date on the envelope, so according to this it is all ready too late for me to do anything. The alleged debt is for £752 I requested a CCA from Citi 6 months ago and they sent out terms and conditions printed from their website a few months later. I dont owe Citi this money - plus they owe me nearly £1.5k in penalty charges which Citi have refused to pay me. What do I do? Is it too late to do anything? the letter appears to imply that it is too late now, but I have only just got it and have no idea what I need to do and have no time to do it!!!!
  12. Any advice on how to apply to set it aside - will this still be an option or will the court refuse as it is not within the 18 days that is on their letter? Also who do I report them to for abuse of the process? the courts? OFT FAS? As it stands they could claim that they did not abuse the process and had all intentions of following it up!?! Thanks everyone for you help, it will make sleeping tonight easier
  13. yep the blue triangle is there lol Well they have me worried, Citi and 1st credit have already been informed that it is in serious dispute and I thought I remembered 1st credit giving up on it and passing it back as I informed them that Citi had failed to provide a CCA etc. I am just worried that this may stand up and they might say its too late for me to defend myself and its my fault that I did not get it in time etc.
  14. I have just got a Statutory demand relating to Citifinance, I am not sure if it looks legit, it lists 1st credit as the creditor and also connaught as the creditor and it is over an alleged debt to Citi Finance! It also says "[your local court]" in brackets for where it should say the court that is supposed to be dealing with it. To have it set aside it says I have 18 days from when it was served To do so I have to apply to the court mentioned in section A - where it does not give a court - it justs says [your local court] and it must be supported by an affidavit, and that the forms are available from the local court?!?!?! This was waiting for me in a pile of post and is dated the 21/1/09 but there is no postage date on the envelope, so according to this it is all ready too late for me to do anything. The alleged debt is for £752 I requested a CCA from Citi 6 months ago and they sent out terms and conditions printed from their website a few months later. I dont owe Citi this money - plus they owe me nearly £1.5k in penalty charges which Citi have refused to pay me. What do I do? Is it too late to do anything? the letter appears to imply that it is too late now, but I have only just got it and have no idea what I need to do and have no time to do it!!!!
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