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Showing content with the highest reputation on 17/06/09 in all areas

  1. avarils, I sent you an email with the defence and I've also put it up here as well. A lot of this is the work of IGNM:- In the XXX COUNTY COURT Claim number XXXXXX Between: Sainsburys Bank and/or CL Finance - Claimant and xxxxxx - Defendant Defence 1. This defence is submitted following the order of District Judge xxxx dated xxx. 2. I am at a considerable disadvantage in preparing this defence in that I have not had sight of the Particulars of Claim so I do not
    2 points
  2. When you post seeking advice on your particular case/claim etc, It is important to post as much information as possible without the personal details of your case. Do not give names, initials, addresses or post codes, sort codes or account numbers, telephone numbers etc. It is important to assist the site team members that you post all the relevant issues that you may have as this could have an important affect on how the team will advise you: If you are claiming mis-selling of PPI: are there underlying issues such as: Default Notices being issued. Accounts already in dispute. Debt Collection Agency involvement.
    1 point
  3. Not sure if this was posted before but makes quite interesting reading and names several companies which may prove useful if having dealings with any of them Debt Collection (Consumer Credit Act): 22 Apr 2009: House of Commons debates (TheyWorkForYou.com)
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  4. The best thing to use is a Data Protection Act SAR... there are templates in the library but make sure you ask for everything they have with your name on it... don't limit it to just statements of account etc.... one will do for all of your accounts... bargain for £10 lol This will give you everything they have on file about you and if somethings not there you can ask very serious questions if it "appears" later pete
    1 point
  5. Give them enough time to update your credit file, but if it's still there in 14 days then yes send it again, because a default has to be registered within a reasonable timeframe not six years after the event.
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  6. Wait for your court papers before you panic. If you receive court papers then you have the option of 1: Paying up 2. Defending 3. Defending and losing then paying up. 4. Defending and winning and paying nothing Of all the options I'd say the most likely outcome is it not going to court in the first place. Have a large glass of your favourite tipple and ignore these mickey mouse begging letters, and get on with your life.
    1 point
  7. When a date is fixed for trial (otherwise known as the final hearing) or a trial window is laid down in litigation, the court will also require the parties to file pre-trial checklists to ascertain the status of preparation of the parties for the trial. These forms are also referred to as listing questionnaires. The parties to the litigation will usually have 14 days to complete the reviews and file them with the court unless they have been dispensed with; cost estimates for the trial are filed simultaneously. Courts maintain a discretion to dispense with pre-trial checklists. Pre-trial checklists are also used to ensure that parties have
    1 point
  8. Ok, you need information to supply a defence or counterclaim and to this end I think you need to send a couple of letters. That goes to the solicitors (the infamous Mr Bryan Carter ) and then I think you need to get a CCA request into Littlewoods:- http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter Take out the red text referencing DCA as your sending this direct to Littlewoods and print name/dont sign and include a £1 postal order. SEND BOTH LETTERS RECORDED DELIVERY You probably wont get a response from Mr Carter, also the CCA response will be more than like
    1 point
  9. You should find it automatically refunded in the next couple of days, There is a very similar thread on here where same thing happened in Asda. It seems that there are occasionally problems with the servers in that your bank actually did authorise the transaction and sent the Auth code, but it didn't make it back to the terminal you were at, therefore as no code is recieved the terminal declines it! In the thread I mentioned before it came to light that the system breifly went down at the precise moment that the Auth code was requested. Sainsburys will know that they have recieved 2 payments for the same transaction and with usually just boun
    1 point
  10. 1 point
  11. it says oxo on the sides of buses....... but they dont sell it!
    1 point
  12. Just confirm to the court that the case has not been settled with the Defendant, nor will it be until the Commercial Case is fully resolved. Accordingly, you would ask that the court apply a further Stay until the Commercial Case between the banks and the OFT is resolved.
    1 point
  13. This is my advice. Wait for them to write to you. Do not speak to them on the phone at all. Once you receive a letter from Lowell, send them this: Dear Sir/Madam Account no: XXXXXXXX You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to yourselves. I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out
    1 point
  14. Definately! Site team might be able to give you some contact details. Best of luck, PF.
    1 point
  15. Perhaps you can tickle my scales for that one.... I think they are going to get a nice variety of stuff, including all the Farmfoods and Argos leaflets which come through the door.
    1 point
  16. Report them to the OFT/trading standards.
    1 point
  17. 1 point
  18. Hi AA, Your ahead of me with this lot. Think that letter is just another treat-o-gram. Court / baliffs and then a 'once in a lifetime' 'golden opportunity' offer to help you doesnt 'compute'. Another threat tactic to get some money outa you. Just my view on the letter, I'm sure others will pop by and comment/advise accordly. Chin up. Beachy
    1 point
  19. Further.. IF you choose to make the arrangement with Halifax, after a while they will default you and palm you off onto a DCA.. Probably Blair Oliver and Scott. They will continually review your circumstances and probably either get you to pay more or give you a setlement figure but they do tend to freeze interest and the debt goes down (this is just MY experience...not Gospel) All they really want is their money back at the end of the day:rolleyes: While this is going on there is nothing stopping you getting a court order for Halifax to produce the original document.... but that's another story.
    1 point
  20. This thread may be of interest: http://www.consumeractiongroup.co.uk/forum/mbna/204839-band-together-against-them.html#post2232386
    1 point
  21. You can send a letter before action to the creditor - Your Name Your Address Your Town Your County Your Postcode Date 2009 The Company Secretary The Creditor Creditors address Creditors Town Creditors county Creditors postcode LETTER BEFORE ACTION Section 7(1) – Data Protection Act 1998 Account: XXXXXXXXXXXX Dear Sir / Madam, You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009. I will remind you as to wha
    1 point
  22. I thought that any of these quotes would be useful to add into any court bundle just in case the " they are a large reputable organisation who would always follow correct procedures" card was played
    1 point
  23. Dear Sir / Madam. Further to your recent correspondence dated XXXXXX I would now like to make an official complaint against your company. I will state for the final time, that I have no wish to make any payment towards a debt that is barred by the statute of limitations act. I am now of the opinion that your letters are pure harrassment. I wrote to your company on the (date) which was signed for by your company on (date) stating that the debt was indeed barred by statute and that I would not be making any payment towards this alleged debt. It is evidently clear that you are in breach of CPUTR2008 in line with the Office Of Fair
    1 point
  24. Hi fbnts (Tom), due to time constraints I have recently decided that I cannot engage in any new threads. However, I hate to see people like your sister about to engage in potentially costly court proceedings, which in my humble view, are doomed to failure! The reasons are as follows; 1. The guarantee whether made as a deed or in contract is, in my view, valid, enforceable and totally legal. 2. With regard to consideration, the consideration was the passing of the valuable right of the tenant to move into the property upon guarantee by your sister of all of the obligations included in the agreement. In this area i.e
    1 point
  25. Hello H! Absolutely. Charging Off before a Default Notice, with no intention of selling the Agreement to another bank capable of keeping the Agreement going, is a pretty clear indication that they have no intention of allowing the alleged default mentioned in the Default Notice to be remedied. Put another way, it is quite acceptable for one bank to sell an Agreement to another, if the latter is simply going to take on the running of the Agreement with the Consumer. Like, say, A&L, Amex or Abbey Cards being sold to MBNA, where it was mainly a change of Logo, the Cards just carried on as before. So, MBNA could, in
    1 point
  26. Jenny did you recieve a Default Notice for the loan and a termination notice on the o/draft? Andy
    1 point
  27. But to clarify and answer the OP's original question. There are no good debt consolidation companies. If getting a loan at a good rate from a bank or building society to consolidate your debts is an option then choose this but, as PGH7447 rightly points out, cut up your cards and stick to a budget. If the above is not an option then use one of the FREE debt advice charities CCCS or National Debtline
    1 point
  28. if this is of any use- this is the letter i use to deter harassment it combines the telephone and doorstep letters in one go and gives a genuine reason why they can never discuss the matter in person or over the phone please feel free to use it if it helps Re Your Ref AccountXXXXXXXXXXXXx I am anxious to resolve matters with regard to the above matter. You are not assisting in this respect by harassing me and causing unnecessary stress. . Please stop making telephone calls to me. This includes my home and work landlines and/or my home or work mobile telephone numbers
    1 point
  29. I think you are entitled to either of the options you mention as they are now after all this time in breach of your statutory rights. Entitlements for a breach of my statutory rights | Consumer Information have a read of this and go get em cds:)
    1 point
  30. Hi all I thank you all for the comments here but i have to admit ATM until the judgement become final on the 24th August, I am & will be in a precautionary mode. I think they might appeal..as to how they are going to do it.. i don't know but as you all say they are clever buggers.. they will find a way most likely:rolleyes: Or worse case scenario, they want to go to trial ... u never know... just don't think they are going to give up so easily u know (though I live in hope!!) .. so thought I better prepare myself & be on the precautionary side of things. Just don't want any surprises that's all! In the meantime, I am tryin
    1 point
  31. I think that you have to let us know more about your claim. Post the POC here. It is not generally a good idea to start claims before you understand the procedure and how you are going to handleit. Presumably at least some of the overdraft is made up of charges and interest. Can you tell us about those
    1 point
  32. NO, Lee, All the info is there to claim associated costs, time spent, postage etc. Use the N1, and use my costs template and hit them hard. It's non compliance pure and simple and you are entitled to claim those costs! Jogs
    1 point
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