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Showing content with the highest reputation on 03/03/09 in all areas

  1. Looking into this BUT Please note that on the POC, you must refer to them not as Barclaycard but as:- BARCLAYS BANK PLC Trading As BARCLAYCARD Back soon:)
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  2. sorry to butt in folks, but went on other link and answers not forthcoming, cap 1 gave a/c to capquest - they could not supply notice of assignment -more messing around - passed back to cap1 - few days ago got letter from cap 1 AND Lowells in same post - Cap 1 - we hereby give notice of assignment blah blah - from Lowells We have purchased the a/c from cap 1 blah blah, anyone following this?, now we all know that there was no N>O>A from Cap 1 to Capquest originally, so with them doing this , this time does it suddenly make things ok by law or would a judge spot blatant wrongdoing and or hypocricy - my view is they broke the laws by not
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  3. I've been busy: - reported RLP to the OFT over the lack of a consumer credit licence (which is a criminal offence. - written to ACPO (and received an acknowledgement) about the claim that RLP were involved in drafting guidelines on civil recovery; when I spoke to ACPO on the phone they were unaware of RLP or the existence of any formal guidelines. See the odd 'Staffs Police letter' on RLP's website. - spoken to the British Retail Consortium, may of whose members use RLP, about their apparent involvement in the ACPOS guidelines shown on the website (again, an odd document devoid of a date, reference or signatures). The BRC are
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  4. Check the guarantees and if you have signed them did you get legal advice on their content which is crucial. Has there been any material change to affect the enforceabilty of the guarantees, where the guarantees unlimited or capped to up a certian figure? You are not alone, letters that are not sent which are crucial are par for the course, I have had to insist upon them and I suspect that the copies were not copies of the originals but how can I prove it, but a diary note is essential . I have a personal account and a business account which in my view are separate but they have just "invented" a type account to which I am s
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  5. Hiya All, Firstly my apologizes for keeping you all in suspense, good home and fell asleep due to not much of it last night. Anyway this is the crutch of the proceedings. The claimants Counsel was a right ---. I could see straight away the DJ was interested in my witness statement and had read it page for page she said i had some very interesting points. Every question she asked me about this the counsel was straight in there before i had a chance to answer this went on for quiet some time and i could see the DJ was not happy at all. She commented quiet profoundly about the claimants not being there and thought t
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  6. Sounds like a SAR would do the job. That would get the paperwork then you would be able to work out where these 'arrears' came from. (And see if anything else of interest showed up!) Telephone conversations are meaningless. Go by the written paperwork only. And at this point in time what has been said over the phone does not tally with the records in your possession. I'd say the guy on the phone was being 'dodgy' if you ask me! Doesn't sound like a very professional answer at all from him.
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  7. If they were that convinced she was in debt - why would they write it off? something sounds dodgy there - I'm sure you can SAR them (someone will correct me if I'm wrong) I'm bemused really as to why they are willing to write off a £180 debt??
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  8. Hi, do you have anything in writing from the Claimant in respect of the above points. i.e. have they written to you advising you to apply for a set aside and agreeing to payment in full following the set aside?
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  9. I'd agree with what Cerberusalert said in post 4 - this a bit extra for you... A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor. Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and conten
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  10. well, now that you are on the sick bear in mind that it is at your discretion wether you attend hearings or not. if you are feeling unwell or not up to going (anti depression medication can have some "interesting" side effects, leaving you feeling bad) to the meetings they cannot pressure you into attending
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  11. Another threat monkey for the Job Centre interview and form filling in then. Maybe they'll want to send him on a college course to learn how to work in a minimum wage factory job. Opps. I forgot, there aren't any. I enquired about college courses. I thought I may as well get some extra qualifications this year, as around here 70-100 apply for each job, so chances of employment this year for me are looking a bit bleak. Half the things you apply for receive no response at all. I had a choice of...... Learning how to work in manufacturing. (done 9 years of it in quality control already.) Basic computer skills...... (I have
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  12. You're welcome. A lot will depend on what is put in your initial defence, which if RBoS don't supply the documents requested, will be an embarrassed defence. That being the case, within the defence we will ask the court's permission to submit a further fully particularised defence in which we can include anything the SAR turns up. Also the SAR may turn up penalty charges on the account for which you can put in a counterclaim. It is always a good idea to give the court a ring, if you haven't done so already, to check the date when your defence needs to be filed and to ensure that the case will be transferred to your local court on filing
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  13. This is a good read Cosalt – not sure if you’ve seen it before – multiple agreements is from 2.21 onwards – but worth going through all of it. oft guidlines.pdf
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  14. Bookworm is correct. On this occasion Buzby is mistaken.
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  15. I shouldn't skim read these posts One stat barred letter http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162366
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  17. It is definatly section 214, im 100% sure on this x I have the paperwork infront of me. Take a look at Housing Act 2004 (c. 34) and PART 8 - ALTERNATIVE PROCEDURE FOR CLAIMS
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  18. Legal rules - council tax time to pay | free legal help from Govan Law Centre, Glasgow, UK Just follow the links on the left hand side for a step by step guide on how to complete and submit a time to pay application for council tax.
    1 point
  19. Send them a letter by registered delivery, unsigned of course saying something like this. Dear Sir, Re:− I do not acknowledge any debt to your company FORMAL NOTICE - ACCOUNT IN DISPUTE. Thank you for your letter dated (enter date) in which you enclosed what you have confirmed as a valid, executed copy of the consumer credit agreement that you hold. This has been noted and kept for future reference. As you are aware on the enter date I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). What you have supplied me with does not satisf
    1 point
  20. Call update: 28th feb 9.48am 10.20am 2nd march 8.05am 8.37am 5.38pm 6.08pm 8.33pm Ok had some interesting info turn up today from my letter to s.a.r dept asking for further info. {wanted to keep quiet till i receive this!!} And all good so far. I have enough now as to the 'credit agreement' being totaly unenforceable. Just to ,let you know what was sent and posted earlier in this thread was as I said recreated rubbish and inaccurate at that!!!! The 'actual' signed agreement that I got from the S.A.R has absolutely NO prescribed terms whatsover and is basically a consumer credit agreement that ONLY allows the
    1 point
  21. The CPR request goes to the claimant as soon as possible; the other document is a basis for the specific defence you will file to the court. Its content will depend on the response to the CPR request, so hold fire on this. Hope the frustration is easing!
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  22. HI Shelbelle, It depends on what information you requested. If you asked for 6 years of information then you should receive it. They are obliged to forward the information you requested. What exactly did you ask for and what wording did you use? If your not happy with their response, then yes, send them a letter stating you are missing information which you requested. Tell them they have 14 days to respond with the requested information or in writing that the information no longer exists and by which means it was destroyed. After 14 days report these knob jockeys to the Information Commisoner
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  23. yes getting there lol If they have amended the Credit files correctly that's even more proof an agreement was reached so as far as i am concerned getting the settlement info in writing is just a formality. I'll leave it a week then order CRA files from all 3 and will write to Crapital1 thereafter
    1 point
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