Well now, 'Representation is not a term' (from Wikipedia - with acknowledgements) As enacted by the Misrepresentations Act,[3] the statement in question may constitute a representation even if later incorporated into the contract as a term (i.e. a warranty, condition or innominate term). An alternative approach, applied in parallel but in exclusivity to, is to find a collateral contract by interpreting the representation as a promise accompanied by some sort of consideration (see Heilbut, Symons & Co. v Buckleton [1913] A.C. 30 (H.L.)). The collateral contract will have the effect of adding the representation as a term t

Banks wriggling out of paying PPI claims Paul Sims, Daily Mail 3 August 2009 Reader comments (4) | Guide Families are being forced to the brink of ruin as banks and finance firms refuse to pay out on redundancy insurance policies. Sold policies like Smarties: Banks have been accused of systematic mis-selling of PPI. Competition watchdog pushes for PPI ban Avoid the rip-off by finding a stand-alone policy. They can be 85% cheaper than from lenders. Up to one in six applications are being dismissed because of 'weasel exclusions' in the small print or because the payment protection policies were originally mis-so

My calculation using the correct payments of £379.27/month from the start of the loan to default would give a default sum of £715.66 rather than the £823.09 demanded. A difference of £107.43. Any thoughts on the defence for this one?

Cabot Financial PO Box 241 West Malling Kent ME19 4NA FAO xxxxxxxxxxxxxxxxx 3rd August 2009 Dear Sir, Account In Dispute – I Acknowledge No Debt to your Company ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxxxxx Thank you for your letter dated 29th July 2009. Cabot Financial has not responded satisfactorily to the points I have raised in previous letters. This account had a balance of zero on 28th March 2008, 3 months before I had any correspondence from Cabot. I have seen nothing from you to prove that you purchased this account before 28th March 2008. I do not believe t

You can add this to the end of the defence too:- S.

Have you got your costs sorted? I've got a bookmarked example of a costs application for an LIP here you could follow and adapt...Only include the cases if they're applicable to yours Costs For Set Aside Application Case No xxx xx Court xxx April 2008 Rate Claimed Litigant in Person rate of £9.25 / hour Travelling Costs HMRC Approved Mileage Rate of 40p / mile 1) Time spent identifying and understanding relevant legislation. Time spent identifying and understanding relevant case law. Time spent preparing affidavit and skeleton argument. 18 hours £166.50 2) Time spen

Well done.and also thanks to 42man for looking in. Well you do seem to got the hang of all this. The only thing to do is research . however i am sure you will be fine. ANY QUESTIONS SHOUT. I hope the sun is out where ever you are lilly white

You have still not told us what you have been charged with so it is difficult to give you case specific advice. SRPO is right, IF you have been charged with the strict liability offence, you do not have a defence - only mitigation. You need to make clear what the charge on the Summons actually says. Whilst you are entitled to change your plea, I wouldn't do it the way you are suggesting You get the maximum credit for pleading guilty at the earliest opportunity If you plead 'not guilty' the case will be set down for trial and the TOC witness (inspector) will be warned to attend. that increases the costs incurred by the TOC and i

High Court Enforcement Officers are NOT on the list. This is because the list is ONLY for CERTIFICATED BAILIFFS enforcing unpaid council tax, parking charge notices, child support agency arrears and unpaid rent.

Thread moved to RBS forum.

I think its referring to section 2(1) e of the Unfair terms in contracts regulations. S.

INSURANCE BROKER Name & Registered Office: PREMIER WRITERS LIMITED WHITCLIFFE HOUSE 58 WHITCLIFFE ROAD CLECKHEATON WEST YORKSHIRE BD19 3BY Company No. 01581947 My advise would be to send a letter to STERLING claiming part of the PPI back , or even give them a ring to start with, they are quite approachable. Explane you paid of the loan early and you beleive that you were entiteled to a part refund, even though you believe you were missold it in the first place. You also mention that there is a recording of your conversation reqarding the PPI. S A R them and ask for copies of the telephone reco

keep to one thread please. i'll get this merged with you original one. dx

It's not always the case though, and from my extensive experience, I'd say it's 50-50. I think buzby was saying "put up or shut up" to me. As long as the id added up, you're in the right. The fraudulent transaction comment of the OP's would have been what Paypal said, which is what they say on most occasions in my experience, but they don't - to use your terminology - put up or shut up! As the OP has said, the id matched. That means the most likely case scenario is the only fraud was the buyer insisting on the chargeback. In my extensive experience with Paypal it's a 50-50 on the buyer or seller. Normal

its free if you change address you can do it online before sending off for your points http://www.direct.gov.uk/en/Motoring/DriverLicensing/NeedANewOrUpdatedLicence/DG_4022088

remove your balance from the letter;) ms barnard seems to be trying a new tact. instead of the miss conception passed on to her by ms swallow that they have a further 30 days. by updates they mean further letters saying that they are still trying to retrieve from archives.:D:D BUT I bet a pound to a penny the next update will include. "to resolve to our mutual benefit we are delighted to offer a once in a lifetime wonderfull offer of 50% f&f. or the latest con of bid to buy back your account:rolleyes: either way STILL not stopping collection on a disputed debt wait for either fantastic offer and forward it

I believe it should read: (2) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £46.29 and at the daily rate of £0.046 until judgment or sooner payment. x20

we ll just have to wait for people to happen upon the thread but keeping the posts active will put u at the top of the pile, making it easier for people to see. if there is anything really urgent there is the red triangle at the bottom left of the post which will alert the site team should it be required.

Reading this through, I think that the 'you' in red is ambiguous (is it the user or the retailer?). I would suggest replacing it with "the end user is entitled to obtain at no further cost". Just my 2 pennyworth

This is too late for Fred, as he accepted the caution, but I note with interest the following from the description of the offence of criminal damage. Criminal Damage: Legal Guidance: The Crown Prosecution Service If the barrier lifted easi ly without force, then I personally wouldn't expect damage to occur. Hence had it been me, therefore, there wouldn't be Mens rea. If I had to use force, then it could be said (I believe) that I had been reckless, as force can break things. But without force, I, and possibly other "reasonable" people, might not have expected damage. If I remember correctly, Fred in the video carefully lifts the

You've had some super advice here Highfly.....They have the cheek and temerity to issue a statutory demand for a debt which seems to be statute barred. If it was me in your shoes and had gone through the same situation, I would have used a defence similar to this one - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164580-capquest-sd-please-help.html Did you get your affadavit sworn in at the court ok ? Did you send off for copies of your agreement ? Also you have to submit your costs to the court 24 hours before the hearing.....get a sheet of paper and title it litigant in person costs and add your costs

Hi Shelbob, You say that you are working in a residential home is that as a Nursing Assistant/ Health Care Assistant? You say you have taken a year out of studying what for? as you say you have completed your hairdressing course. If you want to do your nursing get a job in a hospital as a Nursing Assistant/Health Care Assistant and you should get the chances to do NVQ training. This will all give you a great insight into the world of nursing and help you get a place to do your training. Bank work will mean that you will work where ever you are needed. You may find it better to find your feet working in one area for a while. You c

Then the bleeding solicitor should get off his butt & help Fred pro bono