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Showing content with the highest reputation on 03/04/07 in all areas

  1. 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 ..
    3 points
  2. 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 of certain docu
    2 points
  3. Ok read a few of the threads on contractural compound interest including the horrid 88 page post and have now posted here what i believe to be the key issuses and elements in regards this subject I have tried to keep the information in the context it was meant and include points of contention in regards this subject this post is by no means definitive and I will keep updating as i find information i think relevant If anyone thinks they have something relevant to the subject feel free to add or pm me a link to the thread and i will add
    1 point
  4. 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!
    1 point
  5. InKogneeToh I tried pm'ing you but your mailbox is full......you must be very popular Dave
    1 point
  6. 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 to question the
    1 point
  7. Hya christina, No you dont need to pay......
    1 point
  8. 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 situation. If the
    1 point
  9. 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.
    1 point
  10. 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 before action/somet
    1 point
  11. 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.
    1 point
  12. 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.
    1 point
  13. 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
    1 point
  14. 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?
    1 point
  15. Hi Sve, this is why I suggested reading tbern123's thread, we have been unravelling and challenging Cabot on precisely this point. However, you'll notice something in Seahorses thread that tbern has incorporated into his letters ( and he's damned good at putting his points across), that there are different opinions by the same bodies as to what principals they are using. Cabot say they buy the debt without the duties and head of Cabot is Ken Maynard, However, Roger Lucas works for another big DCA called Lewis and both individuals are prominent in the CSA ( Credit Services Association ) which is a boys & girls club for Credit cronies. Maynard heads it up,
    1 point
  16. To be honest a lot of us have in the past received such summaries of our accounts which have been spot on for charges taken from us however there was concerns from members who had in the past had charges refunded so you can still ask for more info regarding your SAR however if i were you i would start the process of asking for my money back the sooner you get your prelim and LBA sent of the sooner you can issue court proceedings because im sure you are aware if you read other posts the woolwich do not budge unless court papers are issued they will drag their heels at every chance they get !
    1 point
  17. Hi EDMDetails http://www.oft.gov.uk/shared_oft/reports/financial_products/oft842a.pdf Claire
    1 point
  18. 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 respect everyone else'
    1 point
  19. I agree abo......it smells! but keep soldiering on you're doing well!
    1 point
  20. It is £5,000 in the small claims court.
    1 point
  21. 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
    1 point
  22. 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
    1 point
  23. 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 what you COULD earn
    1 point
  24. i phoned the Halifax with a question just over a week ago they debited my a/c with the £5 and i received them on Saturday. the fellow at Halifax told me to allow 28 days but added it would be more like 15 but was actually 8. my claim is around £3600 my statements made really awful reading quite depressing really. What are the maximums in England for the small claims court? By the way iam now essex based ex of E.London
    1 point
  25. Thanks Lula. Have the abbey showed up to one of these hearings yet, and if so what has been the outcome? I'll sit back and wait now. M y court bundle is printed, I need to photocopy and index and update settled cases and then it's ready for posting. Another 28 days of interest if they don't settle beforehand I suppose.
    1 point
  26. 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
    1 point
  27. 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.
    1 point
  28. 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
    1 point
  29. the earliest date you can claim from is 6 years back from the date you lodge the claim, or the date of the first charge, if that is later. the spreadsheet i used calculated interest on a daily basis right up to the date i filled it in (and updated it every time i opened it) - you just log the details of what you paid and when, and it works it out for you. all the best!
    1 point
  30. 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
    1 point
  31. 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
    1 point
  32. 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.
    1 point
  33. Hi Pat http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Tried and tested Hope it helps Jules
    1 point
  34. 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
    1 point
  35. 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.
    1 point
  36. 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?
    1 point
  37. hi nines, you should send two copys of your schedule of charges to mcol, they will then forward this for you with your claim, this is what i advised to do best of luck and i hope you dont have to wait too long for your money x
    1 point
  38. Hi soreheadedbear. Welcome to the forum, start by reading in the debt collectors forum; http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/ Then start a thread in the next link, title it soreheadedbear V (debt collectors name) people with similar problems and knowlege will respond. http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=119 You will find that the charges imposed are also deemed unlawful and can be reclaimed. Please take time to read the faq's use the template letters. LINKS.... FAQs.... Templates Library.... There is also live chat, visit if you need any quick advice
    1 point
  39. I think that morals shouldn't enter into it. The law is the law!!! As helshasnofury says, apart from having no money, when you are up to your eyes in it (as that poor couple who killed themselves) you feel dirty and ashamed,humiliated to talk about it; and personally i think that talking about morals perpetuates this. When you sick to the law it is much clearer. As I said in an earlier post, the responsibility to comply with the legislation is the creditors; they make plenty of money out of consumers and if they don't spend it on training and manpower, so they can make more profit,then more fool them. Every other industry has to invest in this. Equally i
    1 point
  40. 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
    1 point
  41. Allocation Questionnaires - A guide to completion New strategy for Allocation Questionaires note particularly posts 2 and 3. post 3 - the bit in blue is the wording for section g of the aq (if it's a 149 or section h if it's a 150) that's telling them that you are asking for a draft direction and post 2 - the bit in blue is the actual draft direction which you put on a separate piece of paper - fill in the xxxxxxx's to your own details on both - and put you name and claim number at the top of any extra sheets. if you haven't already sent the court an breakdown at some point - send them one with your aq - also with your name and claim number at the to
    1 point
  42. 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 getting it) or you
    1 point
  43. With a deadline of the 27th to submit my court bundle with the hearing listed for 17th April I have just recieved a letter from Abbey saying the will pay the full amount including interest totalling 2721.40...yeee haaaa although no cheque yet!! (why the couldnt include it with the letter i do not know!?? anyway as soon a cheque clears a donation is heading to the forum.. Thanks again to everyone advice and guidance power to the people!!!!!
    1 point
  44. Congratulations, Katie. I will get the thread moved to **WON** as you requested. Regards, Rooster.
    1 point
  45. Okay Guys, I have sent my preliminary request re: mis-sold PPI to the darling John Murphy, my thread is on the PPI forum- http://www.consumeractiongroup.co.uk/forum/ppi/67674-angry-cat-egg-credit.html#post581365 Love AC
    1 point
  46. 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 presumptuous to make th
    1 point
  47. It is of course possible that all 32 did book together.... it can be done. The above poster does have a valid point though. Maybe they did book in dribs and drabs. Were Thomas Cook the only T/O to use that hotel?? Sometimes T/Ops are the only company to supply a particular property in the UK, but in most cases, there maybe 3 or 4 different companies all using the same hotel, not to mention all the accommodation only companies (theres around 15 or more of these!!) If you want to find out if TC is the only op to use this property in the UK, all you need to do is look in the brochure, it will clearly state it in there (I would be very surprised if it
    1 point
  48. 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 it to: Ma
    1 point
  49. 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 ?
    1 point
  50. 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 refuses your offer of
    1 point
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