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Popular Content

Showing content with the highest reputation on 09/02/07 in all areas

  1. I've put some links in post #1205 above that might be useful. Reconstituted Excel versions of Vamp's #5 & #16 spreadies are there if you're not too good at spready formulae. EDIT: I regret these have been withdrawn due to lack of CAG support.
    2 points
  2. Hello darling1! I'm EXTREMELY surprised that no-one has mentioned claiming Daily Compounded Contractural Interest instead of s69 Statutory Interest @ 8%. ...Or have I completely missed something here??? (Am aware it was asked to U in #99 of the following thread: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/41729-pen-lloyds-tsb-5.html?highlight=contractual+interest ...but not actually in THIS thread!!!) The difference can often Double/Treble the total amount of unlawful Charges money that U can Re-claim, dependant on how far back the Charges were Debited from your a
    2 points
  3. Due to a lot of queries regarding interest I have designed spreadsheets that attempt to calculate a fair claim. Please ask in this thread if you have any problems with it, and either myself, or someone else will try to help you. These spreadsheets are freely given to help you. Please consider a donation to the site if you decide to use them so that we may continue to help you. Some spreadsheets can now be downloaded, using the links below. Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland
    1 point
  4. I couldn't see this in this forum, and it's so important so I thought I'd post it again. Peterbard is in talks with representatives from the House of Lords about a petition showing support for amendments to a bill that allows bailiffs in certain cases to force entry to collect on a debt - even if you are not there. If you are there, and try to stop them, you yourself will be forcibly restrained. If the phrase 'An Englishman's home is his castle' has ever meant anything to you, please take the time to sign this petition or mail the Lords and Baroness in question to show your support for the ame
    1 point
  5. Just wrote a letter asking for half back. Let's see what happens. Uk
    1 point
  6. Hi Kilcott, You are quite right in all you say. I find the way in which these people present their charges to the public deeply disturbing. As I have said time and again; the driver is presented with documents that look very official and give the impression that these payments must be made and are enforcible at law. I think the use of the word "agency" in their name is totally beyond the pale, they are no such thing. I've written to their local trading standards people who don't really seem interested. My local one, however, does. I know a chap there who is pursuing this matter who I
    1 point
  7. Hi Essexbird Welcome to Bag. I see your on benefits i would have a look at this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html They cant touch your benefits. This may be useful as well http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html You need to post in the Halifax forum which is here http://www.consumeractiongroup.co.uk/forum/halifax-bank/ And if your getting to many calls try this http://www.consumeractiongroup.co.uk/forum/post-21673.html Im sure Cheddar wont mind you adapt
    1 point
  8. Hi, Persian Don't worry about he expert's report. With any luck, you didn't tick 'yes' to 'are you calling any expert witnesses', coz you aren't! All the info you need is in the court bundle, which you can find here (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html). Scroll down to the bottom of Bookworm's frame and you'll see it as a zip-file download. click it and - hey presto! - it will download onto your computer. You will then have the unbounded joy of printing off three copies - one each for you, them and the court. BUT
    1 point
  9. Keep all your letters and details of communications. I would send a recorded del letter to the bank telling them that you will be sending a complainr to both the banking code and the FOS.
    1 point
  10. You say in your post that you were outside of the vehicle remonstrating with the cash machine (whoops I meant parking attendant). Did she hand you the ticket or place it on the vehicle? If the former, it was incorrectly served as it should be attached to the vehicle or given to the driver of the vehicle (which she knew you wasn't). It's irrelevant anyway, as when you paid the PCN, this is an admission of the contravention and that's it full stop. Usually, I have (very) little sympathy for anyone ticketed for a loading bay contravention (as a LGV driver), but IMHO the PA should have w
    1 point
  11. Strictly speaking you can't claim for charges you haven't actually incurred. But you can add them once you've been charged at any time up till you file at court, which is going to be after the 18th anyway.
    1 point
  12. James, Yes, I switched my salary over as well as the dd's. The only tricky thing was the delay in switching over the dd's. I've gone to Alliance & Leicester and they did the switching which took a little time and I misses one month on my dd's hence more charges. However as a GOGW the Abbey have already agreed to refund me those charges which haven't even hit my account as well as a further £1300 GOGW. I have to say the relief at starting all over again from scratch with a new a/c is great. I suppose it all depends on whether you can manage to pay all your bills on your normal mo
    1 point
  13. Hi, Gezuwit Welcome to CAG! and well done you for coming to ask for advice before you get too far down the road. A few ideas for you - which you mustn't take as gospel. But they're intended to help. They should show up in red. You're welcome W
    1 point
  14. Hi Angel, Is Empire Stores a catalogue? Generally speaking catalogue debts are entirely unenforceable as you are not required to sign a credit agreement. Sending a CCA is the first step. Send it by recorded or guaranteed delivery. I prefer the latter as the former is not a guaranteed service. Chances are, if you don't recall signing an agreement, you probably didn't. Many DCA's threaten to send someone to your home, however, because of the cost involved to the Company, they invariably don't. Many people believe bailiffs and DCA's adopt pretty much the same practices, which is not the case
    1 point
  15. Yes, you can send a CCA request by clicking here : Creditors and DCAs - Letter Templates & Budget Planner. Scroll down to Letter N... remember to enlose the £1 fee and send it by recorded delivery. If they have not complied after 12 days from signature, they will be in default and you will then be within your rights to withhold payment. As for the harrassment, also send off the following letter (recorded delivery) to Moorcroft : Please note that I am only prepared to communicate with you in writing. With reference to your letter of xx/xx/xx, should it be your intention to arra
    1 point
  16. It's not working days. It includes weekends and public holidays.
    1 point
  17. hello there i would hang on till the start of next week if i were you , youll probably get a letter from then saying that they "for business reasons" will settle your claim to the full amount. thats what happened to me on my first claim, they usually dont contact you as it adds to the fear and uncertainty we go thru ! oh another important point is if you enter "judgement by default" paves the way for them to ask for a "set aside" or stay , which though late will be more than likely be granted and tyhat would drag the process on for more months - i read this somewhere else on the
    1 point
  18. Andrew - I do agree with your "level headed" comments in that YES the DCA's are a business using a let's say " a window of opportunity" - YES which of us perhaps wouldn't?? BUT what needs to happen is like you are saying a "clean" way of doing it - We are all standing proud here trying our damned best here to stop the "bully - nasty tactics". You've hit the nail on the head with what you say about these huge "multi million pound companies" can put some good back into communities (and offset against taxes etc.. as charitable organisations - she puts her accountants hat on!!) they can do a
    1 point
  19. Thanks Zooman - interesting thoughts. I agree with you about the fairness issue. My feeling though is that the unenforceable penalty argument does have some chance of success. Although I understand your comments about "entering the mortgage with your eyes open", this doesn't actually affect whether or not the cluase is a penalty. To establish this, you would first have to show that the ERC clause was covered by the rule against penalties despite the fact that there has been no breach of contract. My research suggests that there are some grounds for this. In particular,
    1 point
  20. Sorry to butt in, but where did the 24.9% figure come from? I'm preparing my prelim letter to the HFAX (2k of charges, 3.2k with contractual) and the figure I found on their website was 28.9% for unathorised borrowing. Halifax - Interest Rates I can see a 24.2% figure, and a 28.9%, but no 24.9%. Apologies if I'm just being thick. It wouldn't be the first time!
    1 point
  21. The template in the library should help. Just use that, download the OFT statement and HOC early day motion from the links in that. Add your statements and schedule of charges. Add the transcript of the peter mcnamara interview (available in the soundbites section- the audio file is missing but the transcript is enough) If your still stuck PM me your e-mail address and I'll mail over the bundle I submitted. You'll just need to add your statements, schedule and download the OFT statement and HOC motion to add to it. Also make sure you have a nice stock of printer ink. My submission wa
    1 point
  22. Claire. the Vamps chambers are being re-vamped ATM .. here is a post from Bill which may help ... ''Just an announcement from Batty Bill here. Vampiress has announced that her Google Chambers will be closed for a while, as they are undergoing a "Re-Vamp" Mindzai's spreadsheet will not be affected by this, and should still be available. For those needing compound interest spreadies, this is available for download, along with Excel versions of Vamp's Recommended #5 and #16 spreadies here: http://www.cagmembers.go2.to/ Spready guide: http://www.consumeractiongroup.c o.uk/fo
    1 point
  23. It is confusing DM that's the whole trouble with Cabot, but although some of it just appears from a business point of veiw to make commercial sense ie keeping most of the core business carrying the Cabot name somewhere in the title ( what the hell does Kingshill mean anyway?) Cabot Rogues, Cabot Harrasers, Cabot DCA, Cabot credit reference checks, Cabot this, Cabot that, it gives a good corporate image ( if you can call it good!) I can actually understand why they might use one of their dormant company 'Cabot' names to change the kingshill bit over. They are obviously going through transition,
    1 point
  24. 1 point
  25. Hi You do not need a very celever lawyer. You can use first right of appropriation under the Social Security Administration Act 1992. If for instance you are receiving child benefit, the bank can not take the money and use it for somthing else. Best procedure is that you write to them BEFORE the money is paid in to say that you will be withdrawing it (or paying certian bills like electricity gas etc) and that they should ensure no other payments intefere with this. You can obviously write to them in retrospect, but i am not too sure about the procedure. This is not used that
    1 point
  26. Yes, hard work but worth it.
    1 point
  27. The write-off was just over 7K. As the credit card debt was in dispute over mis-sold PPI premiums and unlawful credit card penalty charges I kept reminding them that they were breaching the OFT Debt Collection Guidelines by demanding a debt known to be in dispute. They asked for token payments of £1 on the grounds that not all of the debt was disputed but I refused as this would be an admission of liability. I also enclosed an income and expenditure schedule showing that my wife had no surplus income for any of her creditors.(she suffers from mental health problems and has been unable to work
    1 point
  28. Like I said in pm congrats! Realy pleased for you! Glad you got the result you wanted. Now on the other accounts eh? Hee Hee.
    1 point
  29. Hmmm .... interesting .... However, as I noted in my first posting above .. ... I am in a position of "stalemate" with the bank and DCA, and looking for a way forward from there. Whilst I haven't disputed that I have a debt with my bank, the issue has been HOW MUCH??? ... to which I have not yet had an appropriate or believable and provable documented response!! So as far as I am concerned, if the parties involved wish to "play dirty", not comply with reasonable requests, conceal the truth or even break the law in order to take advantage of the consumer (ie me or anyone else i
    1 point
  30. OOps! missed the small print on the "all you need to know page" Incidentally that domain is registered to Cabot Financial (UK) (previously dormant) and has been since 16th February 1999 due for renewal soon. Looks like 3 companies are sharing the same website. The mail from the .co.uk Cabot Financial (Europe) site goes back to the .com domain. The proper Group Address is in small print and the address on the contact page in large print is for Cabot Financial (Europe) both different companies registered at the same address. It is misleading and does have an implication for the
    1 point
  31. Hi, since you made a contract with Dell (buy buying from them) in England, then you are covered by English Consumer Law, and can take them to small claims court here. If they don't respond to a Court, then they may have their rights to trade suspended in this country. I have taken court action and it's simple though rather time consuming in writing letters and noting facts very carefully. Actually, that's what the courts are there for (- allowing anybody to get justice -), and have been so throughout much of our history, so don't be scared to use it. You need to give the supplier (Dell) a "rea
    1 point
  32. I may be wrong, Tbern, but I think what loiuboy was indicating was that by exchanging companies, Cabot and Kingshill are able to a produce an argument as to how each company is able to process your data. They have muddied the waters. You have given information and maybe permissions to both companies in the past. Now that they have exchanged company names they will claim that they have the right to have access to your data as Cabot before and as Kingshill now, or as Kingshill before and Cabot now. And if you continue to correspond with Cabot, that was Kingshill, then that
    1 point
  33. Hi Fab, I like the 1969 bit, that is the year I was born! Sod all that, go for the whole amount, they can't tell you to pay it back immediately and if they did they would be seen to be taking retaliatory action. There is a notice on the board about how A&L have been fined for retaliatory action so don't even worry about it, if it gets the debt down then just carry on. Make sure you continue to make the payments under your arrangement and worry about it later if they start wanting to charge interest. One step at a time. You need Vampiress's spreadsheet for calculation of charge
    1 point
  34. Hi westy, I agree with some of what you say. As with all claims there is always an element of risk. However I do think this is another ploy from the Banks and CCC's to get claimants to settle on there terms and not the claimants. I too am considering claiming contractual on a couple of claims but am yet to send prelims as still looking into this. You are right to share your view on taking caution. However, and please dont think i am arguing with you, i am merely discussing a point, but I think we should make it clear to the banks that we wish to settle on our terms, or why
    1 point
  35. This is the letter I sent them .... and they produced the missing info. Mr Peter Townsend Privacy & Data Protection Radbrooke Hall Knutsford Cheshire WA16 9WU Date Data Protection Act 1998 Subject Access Request Dear Sir ACCOUNT NUMBER: xxxxxxxxxx Thank you for your prompt reply to my SAR. I am concerned that you say it is not possible to provide details that you hold on microfiche and I would like to point out the following recent information relating to an investigation by the Information Commissioner. I am a
    1 point
  36. pmhcfc a ccj is the stage after a default. you should start your own thread. you will fine it easier to get th answers you need.
    1 point
  37. Hi Karen. You can write another letter saying that you accept the offer as partial payment only. There are some links below to help you. Go to the one Rejection of settlement Letters. No need to give it back at the moment. Uk
    1 point
  38. I know what you mean. But I am ok about it as it about the time I should get my S.A.R - (Subject Access Request) details back On another note, further to your posts on http://www.consumeractiongroup.co.uk/forum/general-debt/53926-citi-cards-cabot-2.html#post548432 I would like to tell you all a little story... It is about these four companies. These companies were called 1) Kings Hill (No.1) Ltd (previously known as CLOUDHAVEN LIMITED) 2) Kings Hill (No.2) Ltd (previously known as GOLDENBRIGHT LIMITED) 3) Kings Hill (No.4) Ltd (previously known as CHOIRGROVE LIMITED, then FI
    1 point
  39. fantastic, thank you Katesage I can get counting now. I think i need something stronger than tea just to calm my nerves. I will let you know how it goes. thanks again
    1 point
  40. Dagrat, I personally would accept. Use it to pay off the overdraft, it will be a big weight gone off your commitments.
    1 point
  41. Hi, Well there is one thing for sure,, You will struggle to get answers out of GE Money..Believe Me..lol. I am at the stage of taking GE Money to court.. I submitted Court papers by post Yesterday and they arrived today. so hopefully things may start to get moving. What has Happened with your PPI policy is this.. When you took out the loan what they actually did was to advance you the premium for the policy and add the amount onto your loan. The amount for the PPI is then paid in full to the Insurance company ( Less GE's Commision..which could be as high as 90%.. Yes that is 90% no
    1 point
  42. Ballif chaser i have got loads of info for you i will pm . You should have the petition by now will you confirm. And if youcan think of anyway of raising the profile of this can you do it .Time is running out Best Regards Peter
    1 point
  43. Hiya Jen, I have copied this from the step by step guide. If you are not offered a FULL refund then proceed to the Letter Before Action (LBA) in the library. However do make sure that you understand that there is a possibility that the Bank may decide to defend and that you may have to present your case to a judge in a Small Claims Court. This is very rare, but you should be aware of the possibility. If you have to issue a court claim, the spreadsheet mentioned earlier will also calculate interest at 8% as allowed by s.69 the County Courts Act (1984) and which you will add
    1 point
  44. The courts have started classing the six years as being up to the date of issue of the claim, by the courts.
    1 point
  45. That sounds like a temporary result, as the original creditor can start all over again. I would write and tell them if the agreement isny available you want it marking as fully settled with a nil balance.
    1 point
  46. Firstly, this is private parking, not Council nor Police; as such an enforcement can only take place under contract law - not statute. Secondly, only statute allows the imposition of a penalty for parking - so no way should they use the phrase "Parking Penalty Notice" - this is unlawful. Thirdly, only statute allows the imposition of fines - so no way should they be referring a fine - this is unlawful. For any enforcement of a charge, there must be a contract is force. It is purported (and there is case law) that the DRIVER implied accepts the contract by parking, with referenc
    1 point
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