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Showing content with the highest reputation on 09/12/06 in Posts

  1. Yes, it is part of the process for preparing your case and is intended as a means for parties to challenge the other sides case in advance - rather than having time-consuming arguments in court that may result in having to adjourn the proceedings because the other side can't provide an instant answer to a key question. Use the process to ask anything that they would be expected to have to provide an answer in court. If they fail to respond, or refuse, then you may have grounds to get their defence struck out.
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  2. Allanlyn, You dont need to quote case numbers at all. The letter posted here by JLW is identical to letters recieved by a lot of people. The ICO carried out the investigation into Barclaycard as a result of a lot of complaints. All you need to do is remind them of the ICO stance regarding their microfiche and tell them that unless the comply with your SAR then you will report them immediately.
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  3. Quote=Turnaround=Because the CCJ finalised the ammount, so to speak, you dont have to pay any more than that, regardless of what paragon say. They can't add anything to the debt after its been to court ie interest or charges. =Quote Normally that is the case, but you would have to check with Universals T&Cs as some agreements stipulate that interest can be charged even after a ccj has been adjudged.
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  4. Well firstly you cannot hold them solely responsible for this - regardless of the direct debit issue, you didn't make any payments for 12 months, and did not make any efforts to pay by any other method. It would also be your responsibility to ensure the £100 was leaving your account each month and to query it if this did not take place. In the circumstances, I would send a letter along the following lines:
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  5. Sorry to disapoint U dollie01... Utd Vs City has priority! Very serious subject for lots of people is MONEY...or should I say...the LACK of it...especially when it's lawfully ours in the first place. The recovery of which can/will make a big difference to many people out there and help to give some of them a second chance to break out of the cycle of debt and the misery that that can bring into peoples lives. The subject of the reclaiming process can be extremely stressful for some and not everyone has the capabilities to grasp all the intricacies that are needed to overcome s
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  6. Hi That's the first time I've heard of the Banks not accepting the letter, not secure?? What's all that about then?? Yes I would send it to the address on here, you could add on that you tried to deliver it to your branch, whether they'll read it or not, I don't know. good luck! Barty:)
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  7. try this:DG Solicitors 12 Calthorpe Road Edgbaston Birmingham B15 1QZ Tel: 0121 455 2111 Fax: 0121 455 2150 Contact: Deborah D'Aubney it's all there in the info up above the threads. hey, i've just become "informative". whoppee!!!!! plus this: [email protected] AB+
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  8. Before the DCA can pursue you for the debt, it has to be properly executed. That is that the original creditor has to issue you with a default and name the DCA to whom it has passed/sold it to. The DCA then has to inform you that they now administer/own the debt, they would also have to seek your permission to process your personal data as this can’t be transferred from the original creditor. Then give you a reasonable time to deny the debt or come to a payment arrangement. They won’t take you to court to obtain a ccj if the debt is not properly executed. As far as the response to th
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  9. Hi Lee, no probs and thanks! Come over anytime and ask for help, or feel free to PM me! It might be worth starting your own thread and come back here and let us knwo what it's called. That way, we can help you better! Any problems with that, let me know and I'll talk you through it!
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  10. Eek - I'm not sure of reclaiming the 25%, you could possibly call it bad practice. Try the angle below of pressure to pay in full - was this the first contact your daughter had with the debt collection company? Was she aware of the debt/had made offers to pay/had a payment plan with Next? Was DM Ltd actually working for Next, or had they bought the debt from Next? This should act as a warning for anyone who receives a telephone call 'out of the blue' demanding full payment. No debt collector is allowed to insist on payment in full; they have NO POWER over you unless you let them in on a
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  11. Hi all! My view of this topic is as follows: 1.The agent CAN be sued under certain circumstances i.e. if he/she assualted the tenant or mispresented in order to obtain a financial gain in which the landlord was totally unaware.A good example would be an agent that charged a tenant some money for whatever reason with the tenant's understanding that this money would be passed on to the landlord but in fact it is pocketed by the agent and following that the tenant found out. In this case,it is a good idea to approach the landlord in the first instance.Any good landlord would probably
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  12. Hi Firglo. It can seem a bit daunting when you first see it. I suggest that you spend two or three days reading the FAQs and the step by step guide. That will answer most of your questions. After that, start your own thread in the mortgage providers forum and post any questions and progress reports there. You will find a lot of help with your problem there. Click on this link for the MORTGAGE COMPANIES FORUM... Good luck. Regards, Rooster.
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  13. Contractual interest is the interest rate(s) set out in the contract between yourself and the bank. Normally this is what they'd charge you, but there is a strong argument that it can be applied recipricolly and you can use it to charge them in place of statutory 8% interest. Compound interest is the term used to describe a specific method of calculating interest in which at set periods the amount owed is re-calculated to include accrued interest. For example, if you borrow £100 in January with a 2% monthly interest rate, in February you will owe £100 + £2 interest = £102. This figure the
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  14. Yes, the statement is quite confusing. I claimed for the following, which the solicitors have confirmed is correct: COLLECT ACTIVITY FEE LATE PAYMENT INT I also claimed for the Doc/Opt Fee at the top of my statement under charges as the advisor told me it was a charge for late payments. Their statement is that confusing I had to call somone about it, I have asked them to provide evidence of the contrary (see my reply above!) because they say it is an admin charge. We'll see what they come back with. Yes Jan, we do seem to be bumping into each other
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  15. Two views to this, as I can see... As you told them that the creche was extremely important to you in order to use the gym, it would be held that this was an expressed term of the contract and was used to invite you to enter into it. However, as you point out, there is a disclaimer pertaining to the fact they will not be held responsible for the closure/inability to use the sauna, the creche etc. So there are two points which are conflicting. However, if the creche is not available/closed down, this would put the member at an unfair disadvantage and the club in a much more
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  16. Surely marks on the decoration are counted as fair wear & tear! after all nothing last forever. Read through the following link, you may be interested in the ARLA regulations. Unfair deposit deductions Good luck, Joan
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  17. Unfortunately, DG Solicitors have a nasty habit of filing a defence at the last moment (they did with my claim). You will probably receive notification from the court that a defence has been filed, and the claim transferred to your local court. They will pay up in time, but it's doubtful it will happen via judgment. Good luck
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  18. ooo er steve! A typo I assume... baps for Babs....young man!
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  19. Hi Zsazsa, I DOUBT very much they will 'really' defend, it's a 'scare' tactic, they are 'hoping' you will panic and back down, remember they have big law firms and highly paid solicitors at their beck and call - and all it would do is lead to extra costs, loads of publicity and a risk that they may seriously loose and cause a change in the banking codes of conduct and laws - they make approx £3 BILLION a year in the UK alone, why ON EARTH would they risk jeapodising THAT ????? Stick with it- they WILL pull out, possibly right at the very LAST minute, but there are 100's of blogs in here th
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  20. Hi Guys Here`s my letter :- The Court Manager Northampton County Court 21-27 St Katherines Street Northampton NN1 2LH Dear Sirs Re: Claim Number: XXXXXXX XXXXXXXX V Citifinancial Europe plc I write to you referring to a letter sent to you by the Defendant's solicitor Mr Brian Smith dated 22 June 2006. In this letter he has asked the court to consider transferring the above case to the Salford County Court. I wholly object to this request and outline my reasons for doing so below. Firstly the Defendant is a large multinational corporate business with
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