I don't know if this is a case of wishful thinking or if it has been discussed before in the main CI thread. I suppose I ought to copy this post over there too, if you and others think its worth it, just to see whether it is something that can be developed. I hope all this makes sense ..

Sorry to jump in - thought I might provide the following to aide any further conversation - after all that's what this area is about isn't it? informed sharing of knowledge and requests for advice/guidance? From the OFT Website - link in CAG statute library - During the lifetime of an agreement... 2) Duty to provide information during the lifetime of an agreement at the request of a customer or surety A customer (or surety if a different person from the customer) has, during the lifetime of an agreement (whether fixed-sum credit, running-account credit or hire), the right, to request from the trader concerned: a copies

Yep me too which shows what a fickle bird she is

Oh Corn I have had a BAD couple of days and so have broken my alcohol ban. You can join me if you want to!

Try again now

InKogneeToh I tried pm'ing you but your mailbox is full......you must be very popular Dave

yippee fantastic how do i go about filing my claim

You ARE correct. They would still need to produce the agreement to be able to exercise their so-called rights. BUT. How many of their victims would ever think to question things if it did go to court. Not many. Most will just roll over and accept the judgement, usually in default because they are to scared to attand themselves. So no agreement is ever produced in these cases, I suspect. So why do they think they don't need to bother having all the paperwork before they start to chase up these debts? Because they hope nobody will question them, and just pay up regardless. In fact, auld Ken has called those of us with the temerity

Hya christina, No you dont need to pay......

Hi, costs are not normally awarded in small claims (only if the other party behaves totally irresponsibly. Isn't that what Banks are doing - I wouldn't go there). Instead, as part of Judgement or settlement you can claim £9.25 per hr for preparing your Court Bundle, and since Abbey only seem to settle once you've submitted one, just make sure that you include enough hours (if you know what I mean !) in your phone/letter haggle with Abbey prior to Court. But don't put it on your N1. Regards, Mad Nick

You could try this- or a version of: I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX. In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default s

When you open the s/s are you deleting any of the example entries. If so you may have deleted some formula as well. Download a new s/s and just overtype the existing examples and see whether that makes any difference.

I don't think you should expect any response from your letters. They aren't forthcoming! Expect one to your LBA though!! No reason it can't go to your branch still.

The AQ is really simple - assuming it's form N150 then: Have you sent a copy of this completed form to the other party(ies)? Yes - always send them a copy. Settlement - do you wish there to be a one month stay? No, unless you want the Court to delay in giving directions for the future conduct of your claim for a period of one month. Location of trial - Yes, the County Court that's nearest to you as it's more convenient for you to attend there for any trial or hearing. Welcome do not have any right as a limited company to transfer proceedings to a Court near them. Pre-action protocols - I assume you sent them SAR/letter bef

A SAR is against a person not an account. If you send the SAR they are obliged to send all info they hold on you. There is no obligation to supply an account number. If they with hold info you can report them to the ICO or take court action. Provided you give them enough detail to identify you then they have to comply.

If it was me I would send out the SRA first just to see if there are any other charges due back to you. Then you can amalgamate these in the one LBA-might be easier to track.

Hi, I sent my copy of Lateralus's letter yesterday recorded so the should have it Today I also added, that I would like the payment as a cheque and thanked them in advance for their prompt payment. What actually happens now? Do I need to send anything to the court that the case has been transferred to. Or is it just sit back and wait for the courts or and offer from DG Oyster

sorry i did not reply to this sooner, usually im on the forum every day, but have not been able to for the past couple of days. can you draft a letter to them, and post it on here so we can advise further?

if it was her pension that they have taken - then no they are not entitled to do this. see the attached link. RIGHT OF APPROPRIATION Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxx I am writing to inform you that I am due to have a Tax Credit payment of £xxx paid into my account on xx/xx/xx, and I wish to use my first right of appropriation for this money, for the following purposes; Rent £xx Utilities bills £xx Housekeeping money £xx I will withdraw the money on the day that it is deposited for the above use, and I would be grateful if you would ensure that any other payments out of my account do not interfere with this

Hi EDMDetails http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf Claire

Don't worry too much. They want this to end as much as you do, so no doubt she'll have her money soon....And thanks for trying to click for me

Hi everbody, Can I please just say the following: I am concerned that recently people have been getting into personal and childish debates over things that have been discussed in the past. Just because they were discussed in the past, doesn't mean we can't discuss them again - this thread is over 266 pages long and it might help some people reading that are "new" to this thread. Plus, discussing them again might mean that we uncover other things that weren't thought of at the beginning. I am getting uncomfortable with some of the attitudes on this site as I feel that CAG is a very valuable resource and we should all respec

I agree abo......it smells! but keep soldiering on you're doing well!

It is £5,000 in the small claims court.

Sorry, It's still early. You need to wait for your LBA to expire then file in court using MCOL or an N1 form in person. According to your dates this is the 11th of april (or there abouts) All the stuff you need is in the library. Hope this helps

Hi everyone... I decided that my document was definetley an application and have written to them stating such.......see below 2 April 2007 Morgan Stanley Bank Intl. Ltd. Dear Sirs Ref account ************** With regard to the documents that you sent me in relation to my request for information under the Consumer Credit Act 1974, I am still waiting for the signed executed agreement. You seem to have sent me an application form and a somewhat recent copy of your terms and conditions and a very recent copy of an agreement form unsigned by anyone. I’m sure this must be an oversight, so I will ask you again for the proper d

hi, I had the same problem, i didnt count the weekends, but after reading the site i found out that you include weekends in your timescale. cityguy

SK - first of all please note that my earlier post was not specifically (or otherwise) aimed at you. Secondly; when you go to court, make sure that your claim has a monetary value which is less than £5000. Otherwise you will be put onto the Multi Track and will therefore be vulnerable to costs. With a small monetary value your claim will stay in Small Claims and will therefore cost you a maximum of £30. The sorts of things you can claim money for are travelling, 'phone calls, *your time*, stationery and other resources. Your time should be billed as a percentage of your hourly wage (if you're working) or a reasonable estimate of wha

Hi, I wouldn't include this bit from that post because it's not part of Abbey's defence - no need to go putting ideas in their heads : - In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. Regards, Mad Nick

Hi Fran to explain how they can do what mariejader is saying above i will give you an example. Say Mr A is claiming for £2000 and he receives a GOGW for £800, seems clear accept as partial payment and continue with claim for the rest, then 2 weeks before court they offer full and final offer of £1200 so Mr A thinks great thats my claim settled in full, accepts offer and drops case, then some time later receives a cheque for £400, thinking this is wrong only to find out the full and final offer you signed (£1200) included the earlier £800 therefore Mr A has accepted £1200 of a £2000 claim and dropped his case.

Hi It doesn't matter what they want to call this document, it is still totally, completely and utterly unenforceable as there are no terms whatsoever, let alone the prescribed terms that MUST be in the signature document of a regulated agreement! BUT - as always I strongly recommend writing again and requesting that they send a copy of the actual regulated agreement - just in case they have one!! Regards, Pam

ang goto http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html#post699162 read #1 disclaimer and modify Pam's gentle reminder #2 or possibly JC's #3 Zx

Hi rosemary I've been suggesting people have alook at post#74 http://www.consumeractiongroup.co.uk/forum/abbey-bank/60102-sam78-abbey-4.html

They have finally got back to me. If you want there to be greater control and regulation of the Debt Collection Industry, please sign this petition Petition to: Restict Access to Consumers White Data By the Debt Purchase Industry.

Yes, but you have not yet been paid and neither has Caz1974, you may be waiting longer than you think. The bank took several years to take this money off you, do you think they will just give it back in two weeks? What will you do if they do not pay you?

Hi Pat http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Tried and tested Hope it helps Jules

Hmm, think you would be on thin ice with that one Bic. The banks solicitors do issue a defence, and have done in your case so you can’t really say they have no intention to defend. We all know, including the district judges they have no intention of going to court and their behaviour is an abuse of process but your wording will have to be very specific and would have to rely on common knowledge not proof. Interesting idea though let us know what happens. pete

a few questions : i understand that if they send an application form which contains some of the prescribed terms and is shown as signed by myself then it counts as an executed agreement? This is what a lot of the DCAs state. i also think that the above letter asking them to cease and desist under s.10 of the DPA only gets the answer "we need to process for legal reasons" and the same answer from the CRAs. in the end, the only way to make sure they stop is by the court and that can be risky as the judge may think they are right.

Therefore you are still being deceived into paying interest at the contractual rate on £30 more than you should be, as a direct result of the unlawful charge. Clever, eh?

Hi Just to ad it is wotrth bearing in mind that icosts the defendant £65 quid if i remember correctly to set a case asside so it is as well to be sure of your ground especioally on a smaller claim. Regards Peter

dont worry, you have done the right thing and the labour for your bulb change should 0.2 hrs according to icme labout times (this is not 2 minutes its 2 tenths of a minute) so work it out yourself based on there hourly labour rate. there really is nothing for you to be saddened about though after using them for ten years, in real terms if they had your custom for that length of time then they should have shown you more appreciation in dealing with your car. let them sit it out now, you will either get a responce denying it a still wanting the other money but will probably hear nothingafter that (just a last tactic in the hope of get

Thanx for the click, I love the comment... :lol:

Excellent!! Please complete the bank survey……….cheers for the donation. See here for advice after settlement: http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html Please PM a Mod with details of your settlement for the Litigation Concluded forum Congratulations. Enjoy the dosh!!!

Congratulations, Katie. I will get the thread moved to **WON** as you requested. Regards, Rooster.

Hello Mrx, it would have been rude for me not to have been the first poster to your thread! As I said before, issue an SAR. This is an interesting case as you applied on the net and have not signed anything. Frankly, you could be anybody and anybody could have applied for that card! What is the situation now? You were made redundant, the account obviously defaulted and was passed to a DCA. What's the arrangement? Is the DCA Global Vantedge or Arrow Global (only I am dealing with Arrow and they are, er wallys, I would have preferred to have used the other word beginning with W but for the sake of decency.........). Fill us

Actually SeaHoss, me fine beauty, and POET too. I think he isn't behind the recent flurry of legal cases, I think that's Hodson's and because they have made such a pig's ear of it Cabot has decided to beef up the crew. Reading between the lines he's a very young, fairly recent graduate and probably OK but not good enough to be snapped up by Chambers etc as he wouldn't be hitching his wagon to a debt collectors (well perhaps the money's good). At least I hope he will instruct his learned employers in the ways of taking the moral high ground, correct documentation, penalties of harrassment, deception using various company names and t

I have read this post completely and I agree with Bank Fodder completely. I think its unfair to 'solicit' other peoples cases and pass them on, so to speak. If people feel the need for assistance I am sure they are quite capable of seeking such help themselves. Surely it should have been worded much better as an offer to the members of CAG for info if THEY require it..... not; I will bring to THEIR attentiion... It sounds as though a discussion has already gone ahead with said company and as Bankfodder stated we dont want this site to turn into a lawyer/solicitors haven for new customers!!! I just thought it was quite presump

Stop playing to their timetable! What do you actually want from Thomas Cook -a refund, partial refund, apology, compensation...? Who have you been writing to so far? Their complaints department, or Customer Services, or Head Office? Write a letter, sent recorded delivery, stating your complaint, what TC can do to resolve it, and your timeframe for doing so (i.e. 14 days from receipt of letter). State that you would have continued to use Thomas Cook even after the holiday you'd had if the after-care hadn't been so awful. Send one to whoever you've been dealing with, but make sure you put at the bottom of that one that you've copied

Same here Debt Mountain, until I joined CAG I never gave the situation a second thought. I am really looking forward to see what there defence is.... Did you do your claim via mcol ?

Here is a selection of templates which will be useful when dealing with creditors. Although I have called them Letter A, Letter B etc for ease of reference, they are in no particular order, and are in no way intended as a step-by-step guide - you will need to use the letter appropriate to your needs and edit it where indicated in red. The letters are as follows: Letter A - Ask your creditors to hold action on your account Letter B - Ask your creditors to accept pro rata offers of payment on your debts Letter C - Ask your creditors to accept a token payment or no payment on your debts Letter D - When a creditor refuse