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  1. hi there, so you think it is a application form, becouse as you know lowells are saying it a credit agreement, i sent them the letter you done for me the other day xx:)
  2. Firstly, I think I can speak on behalf of most of the people currently dealing with Cabot on here, when I say.. We do NOT claim to have a low opinion of Cabot. It is more accurate to say we DO have a low opinion of Cabot. What do mean tell them exactly what is missing ? I have personally corrected Cabot directly on a number of occassions and I am currently taking them to court for their mistakes. Would it be more beneficial for me to design a training course for them ? I think people might be a little more understanding if you explained your interest specifically in Cabot ? You name includes Aktiv, but your posts are very limited in relation to Aktiv. People like myself, Seahorse, Rhia and Elizabeth are posting in relation to personal experience. This is a very sensitive subject, due to the conduct and behaviour of Cabot. I think you may get peoples backs up as a lot and I do mean a lot of time and effort has been put in, my many members researching Cabot. There is a lot going on behind the scenes that we can't post about. It does not appear strange that Cabot are using two methods. I have posted this on numerous occassions. They pick and choose what applies to them and when it applies to them. It is for that simple fact that we doing everything we can to help Cabot learn and put an end to this once and for all.
  3. Hi thinkfirst, just responding to show you are not alone:) someone will come along who knows the answer to your post, and if you carry on reading the posts your bound to come across someone else in the same situation as yourself. question are you going to claim charges on current and loan account? as thats how I am reading your letter asking for banking history. (bound to cause confusion at Andover;) ) you will still get the standard letter back:D . sorry got to go to work, but will keep an eye on how you go:)
  4. KnellyK

    K1 - V - Abbey

    Yes you send three copies to the court, theystamp all three and send yours back to you with a 'Notice of Issue' form attached which tells you the timescale! Yes, attach a schedule of charges to each N1. If you're going to post it to your son then you'll need to best guess when it'll go to court and set the date on your computer to that date (so the interest can be calculated for that day) and then print it! Don't forget to re set the date on your computer after though! Don't forget to fill in the boxes at the bottom of page 1 of the N1 (amount claimed, Court fee and total amount!) I got to court and hadn't filled them in and the court clerk said 'if you don't complete them you're not claiming anything' and make sure your son signs the 2nd page! Good Luck!
  5. They will file a defence, then with it you would usually get an AQ to fill in from the court. If its dispensed with you will get a note from the court to inform you of this, then its just a matter of waiting to recieve a court date. Is your claim over £1500? If so, you may still need to pay an allocation fee even if there is no AQ - check with the court if and when you recieve confirmation its been dispensed with. I answered the other point on this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/40205-lloyds-tsb-defence.html#post799213
  6. What was the address given for the solicitors? The proper address, as registered with the Law Society is Russel & Aitken, Kings Court High Street Falkirk FK1 1PQ They have an office and an estate agency in Edinburgh but the post codes are totally different from the PO Box given. It is likely that Debt Managers are writing letters on behalf of R+A and they have no idea what is being written in their nam. Not an uncommon occurrence because all solicitors are greedy and worried only by the cheque at the end of the month. Write to their head office, addressed to the senior partner, and let them know what debt managers are doing in their name. You could also mention you are reporting their misdemeanours to the Law Society. That always brings about a response because the LS through the Office of Supervising Solicitors, have real teeth. You can find their address, along with those for the three credit reference agencies, by googling on t'interweb.
  7. WOW....... Just had a look at this. Insurance is not my strongpoint but lets try to break this down into bitesized chunks. There seem to be a few seperate issues the insurance claim the credit arangement 1 amber credit will have paid the insurance up front...so MMA have been paid so any insurance you had should still be valid! Any problems regarding dd and admin charges are soley the responsibility of amber. 2 I dont know!......but you could ask them why does it cost so much and maybe ask for it back! 3 again I dont know....but they probably will 4 again I dont know....some companies keep prices down because everything is automated, and very little human intervention. ASK them if it is possible. failing that organise your own loan to pay for your insurance (might be cheaper) with a company that will allow you to make payments by any means 5 not having seen your contract I cant answer this, and wouldnt like to advise 6 yes dd's are a ripoff.....I hate them. basically look at it as two seperate problems 1 The insurance claim, is it worth pursuing?, can you cancel?, should you cancel? have you got proof of calling times emails etc. only you can answer these. 2 The credit, ask for a breakdown of charges, why are they so dear, can you have them back please take a deep breath and go slowly through the points. sorry if I havent been that much help, but I have seen other threads that seem to be about insurance claims and the technical aspects. try to keep the two things sepperate or you will confuse your self rgds Dave
  8. HI Lisa and welcome as an official member! Use this analagy for claiming charges...if it was applied to your account as a slap on the wrist for doing something wrong then it can usualyy be claimed back. With the PPI i would suggest you have a lok a tthis thread http://www.consumeractiongroup.co.uk/forum/ppi/ Here you will find great advice and can read others who have successfully claimed their PPI back. You will find template letters, contacts and read what others have done to do this. Studio cards are mentioned quite a few times on the site so why not search using the search http://www.consumeractiongroup.co.uk/forum/search.php to see what others have gone through. Here is the link for the pre lim letter, just adjust to your own needs http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html Hope this helps and good luck
  9. They have paid some claims, yes, but recently they have defended quite a few as well. I would say that if you really are set on claiming contractual, then you should put your claim on hold for at least 2 weeks so as you can fully understand it first. Firstly, its not just about pleading it on the claim form - you must be fully willing and prepared to argue it in court, and also understand that there is a high possibility of this happening. A barrister from Lloyds has indicated to another user at a hearing last week that they are now planning to defend all contractual interest claims in court. See this thread - Darling 2 takes on the TSB**won**, and also this one - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65047-lucy-lloyds.html If it turns out that they do do this, it will be becouse if you add CI to your claim it adds a weakness to it that the bank can seek to exploit. There is no basis in law for claiming contractual interest. There are arguements for it, yes, and good arguements, maybe, but nobody has ever shown me anything which substantiates it in law. Therefore, before you file a claim containing contractual interest, you must be able to answer yes to the following questions, or else you should not even consider it - Are you confident of your arguments in respect of the basis of your contractual interest claim? Do you understand the principles of the implied term argument? Do you firmly believe in these arguements and are you confident that you could put them succinctly to a judge in court? Do you know what you'd rely on in court to substantiate your CI claim? And do you know the flaws in the CI arguements, and how you would counter them? Its also potentially risky in terms of the possibility of costs being awarded against you if you were to lose, although admittedly much less so if its heard in the small claims track.
  10. Hi princesswawa, Welcome to the forum. Please follow this link to your banks forum and start a thread; http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=46 Title your post, princesswawa V Nationwide. Other members with experiance of your bank can offer informed advice. use the template letters in order. Stick to the timetable in there. please take time to read the faq's http://www.consumeractiongroup.co.uk/forum/scotland/13516-scottish-procedure.html?highlight=scottish+procedure LINKS.... http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html FAQs.... Templates Library.... If you have charges going back further than six years read in here; http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html There is also live chat, visit if you need any quick advice. http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php Finally good Luck. Happyolddog. If this helps please tip the scales,Left,this lets others know if my information is useful.
  11. Hi 19doyler48, Welcome to the forum. Why not reclaim back from the date you opened the account, the template letter has the relevent information for asking this request. Please follow this link to your banks forum and start a thread; http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=13 19Doyler V Northern Bank. Other members with experiance of your bank can offer informed advice. use the template letters in order. Stick to the timetable in there. please take time to read the faq's LINKS.... http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html FAQs.... Templates Library.... If you have charges going back further than six years read in here; http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html There is also live chat, visit if you need any quick advice. http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php Finally good Luck. Happyolddog. If this helps please tip the scales,Left,this lets others know if my information is useful.
  12. Lisa Studio cards? Are they still going? Who was/is the bank behind them? Going back more than six years is a current 'hot topic' on the site at the moment. The principle is that the six years is specified by the Limitations Act, but a 'new development' is that the time runs from when the bank knew (or ought to have known) that they were acting unlawfully. E.g. if Lloyds TSB knew 2 years ago, then 6 years back from that date means you can (in theory) go back to May 1999. I think the issue will be bank records. I believe that the banks are only under a duty to keep records going back 6 years, so if you have not kept your statements for this period, an S.A.R - (Subject Access Request) under the Data Protection Act will not help you. In view of the longest (potential) delay in all of this is the SAR stage (getting your statements can take 40 days), I'd send off for all of these (Registered Signed for delivery) all at once, even if you only take issue with them one at a time. Do your research, make notes, read widely - you'll get there. Good luck!
  13. Think there's an extra dot in there, not sure. As in.... sandy.watts
  14. Jenkers This site is your secret weapon. The advice from Bankfodder above is priceless. 'Spreading the word' is good (not sure 'spamming' your work colleagues is such a good idea tho - have IT had a word yet ;-) ;-) ) I would certainly let him know (in writing) that you disagree with his comments (quote them to get them on record), and let him know you are proceeding. That should get your case back on track - push it from there. And good luck. T.
  15. OK, I've finally had enough. It is my BELIEF that make them aktiv runners is DELIBERATELY disseminating contradictory and inaccurate theory and misinformation. The reasons for which I am not clear. It MAY be that Aktiv truly believes that his point of view is correct. But he seems to be in a minority of 1. However, the only other explanation i can think of at the moment is, Aktiv has a hidden agenda. Now, I wouldn't normally come right out and condemn posts where the points of view expressed are totally at odds with each other, as I do believe in a healthy debate. But where one poster is writing comments and assertions that are so at odds with actual research, findings and personal experience gleaned by other posters, then there IS no debate, and is simply gainsaying whatever each person posts. Dress it up how you like, what it boils down to is a playground argument of "yes it is", "no it isn't", "yes it is"... ad nauseum. Worse, I believe that anyone trying to make sense of the whole Cabot/Debt Purchasing issue will be so perplexed at the so-called logic of Aktiv and his meanderings, will be so put off from reading any other posts on the same subject, that they won't feel able to tackle the issue as it relates to them. I'm not advocating censorship... But I AM asking anyone reading this to consider my comments, and ask yourself why one member seems so hell bent on contradicting everyone else. Of course, he might be right, and we're all wrong. So please consider that too. Apologies if this comes across as a personal attack on you Aktiv. But in my own humble opinion, your ideas at best are confusing, and at worst are dangerous and misleading.
  16. I am quite sure the "winging it" and finding a friendly court could very well be part of this theory. I just reckon this guy/company had better stop doing his Del Boy impression and start taking responsibilty - nevermind his calling customers "rogues" - I reckon he will need the "trotter" 3 wheeler sooner than he realises if that attitude is continued. But I must say it seems to be an industry wide thing and not just Cabots Seems there is a distinct failure to recognise that things have changed in the industry and the "rogues" are becoming enlightened to their games - he has so much to lose by showing such ignorance to these changes. It has to be realised that this company as with any other DCA have to evolve with the times and realise that they TOO have to adhere to laws provided.
  17. Just as a little hint to anyone that may be having thoughts about this information. One of the PRIME things that can result in a company/person being unfit to hold a consumer credit license is having a CCJ recorded against them. I'm wondering what the OFT would think about a major bank having 346 unsatisfied CCJ's totalling £740,000 against them. Very nice work Richard.
  18. Hi Westwell, If you proceed with a second claim which is made up of charges solely consisting of pre 6yrs charges there is a greater likelihood that it will be struck out. It would be safer to amend the present claim to include the old charges. Zoot
  19. Hi fred they have cocked it up!! EVEN if everything else was ok they have signed accross your sig box. This is forbidden. this alone will make the "agreement improperly executed, and maybe unenforceable, 1983 agreements regs s)6 (3)b Signing of agreement 6.—(l) The terms specified in Column 2 of Schedule 6 to these Regulations in relation to the type of regulated agreement referred to in Column I (and no other terms) are hereby prescribed for the purposes of section 61(l)(a) of the Act (the terms which must be contained in a document if a regulated agreement is not to be improperly executed) and of section 127(3) (the terms which must be contained in a document before any enforcement order can be made under section 65(1), if section 61(l)(a) was not complied with). (2) The lettering of the terms of the agreement included in the document referred to in section 6l(l)(a) of the Act, containing all the prescribed terms of the regulated agreement, and of the information contained in that document for the purpose of conforming to these Regulations shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper. (3) The signature of the said document shall be made in the following manner— (a) by the debtor or hirer, or by or on behalf of the debtor or hirer in the case of a partnership or an unincorporated body of persons, in the space in the document indicated for the purpose, and, subject to sub¬paragraph © below, the date of the signature shall be inserted in the space in the document indicated for the purpose; (b) by the creditor or owner, or by a person on his behalf, outside any signature box in which the debtor or hirer may sign and, subject to sub-paragraph © below, the date of the signature shall be inserted outside any such signature box; © in the case of a regulated agreement which is not a cancellable agreement, the date on which the unexecuted agreement becomes an executed agreement may be inserted in the document and in such a case any other date specified in paragraphs (a) and (b) above need not be inserted; and hope this helps Dave
  20. Actually, they are. OFCOM have overall responsibility for all communications, ICSTIS, an industry-funded body deals with disputes and regulation of content, NOT the charges for number blocks or the criteria for which the numbers are used.
  21. I don't work for a Bank, so I popped into my local Barclays yesterday to find out what all those numbers mean on the back. Return to 20-66-70 This is just in case my bank decided not to pay it. Barclays DDS 20-61-58 These are the details for the Barclays clearing department
  22. Hi beautiful day As you sent DPA SAR then they have a legal obligation to comply with this or you can take action to get the information you have requested. I would suggest starting again. Make an official SAR DPA immediately. If you dont have the correct amount to be claimed you could be under estimating and not get back wehat you are entitled to. You could also over estimate which will cause many problems along the way, which may conclude in you not getting anything. I understand this is frustrating, but please remember this is not a get rich quick solution...it takes time and energy. We are here to help and advise but it is your responsibilty ultimately. Good luck
  23. & I'm so sweet & innocent I didn't even notice!!!! I've had a real chuckle reading this tonight so thanks everyone!!! Charleyfarley.... just enjoy being surrounded by us all!!!!!! A very female Villafan!
  24. Yeah tell me about it!! I think a few of the banks and stores have been trying to get cheques pulled because they make more money of credit / debit cards, but believe it or not the great british public didn't want any of it, so it looks like they're here to stay!! The Squall
  25. oh you think your so amusing charley boy hahaha and im not 16 either the young blonde lady lol
  26. Hey CF, can an large elderly blonde join the harem? Might make me feel young again. lol
  27. How funny, I missed the start of this how did you think was a man CF? Regarding Charlies Angles, I've been called some names in the past but never an "ANGEL" :lol:
  28. One thing, make sure you still make payments to your account as normal. Saves a lot of hassle later. Uk
  29. I agree! An opportunity missed. But this was a TS thing, and they did their job very well! Lowell have gone forth..... We'll know next time. *2 more rep's for next green pip!
  30. think you've answered you own question. you could certainly try, i don't see any harm. i'd write the court a letter - including copies of the three nudge letters you#ve written, making it clear these are all from the time period after they have finally filed their defence; stating that you are trying to reach a resolution and they have totally ignored you and you feel that they have absolutely no intention to do anything except wait until a court date gets close and then to make an offer. You might tell the judge that to forgive you if this isn't the way it is done but that the only legal help you are getting is from a grass roots organization where hundreds of people tell how their cases are going; and that you have seen this time and again where the banks just stall until they are forced to make an offer just before a hearing date to avoid going into court. Tell the judge that you feel they are playing the courts to their advantage. You are acting perfectly reasonably, you aren't a legal person, just a little guy asking for his money back. who knows what the judge might do - but it won't be a bad thing. and keep nudging. i'd love to hear what the judge says back. keep posting. someone else might think differently but that's what i'd do.
  31. hI I havn't read your thread yet so forgive me if ths is old ground but you are aware that the default if commited after june 2006 will come under the 2006 CCA(this acts retrospectively) this gives you 14 days from the date of the default and also you were entitled to a notice of arrears prior to that and also a notification of any default charges you should also check these on your agreement. I returned my car to GE under section 100 of the act and know exactly what ou mean about their tactics,take my advice and believe nothng they say unless the can show you the legislature. I got them to back down from a bill for over £2000 by sticking to my guns don't let them intimidate you PM me if you like and let me know how you get on Regards Peter
  32. Give it another week then ring the courts and ask about judgement, or what they think would be best step. The staff at courts are brilliant. Utterly fantastic......... some people on here would say,, go for judgement, others would say hang fire for a week or more because the last thing you want to end up with is a stay or set aside whilst the judge gives them more time to submit defence, that just delays things even longer. I would wait an extra week to see if their defence turns up, because they always always always submit with about 24 hours to go, and if it hasnt been submitted in another week I would ring the courts and take the staff advice there that they give. Theyre pretty good and can be relied upon to give good advice. All the best. Fendy xxxxxxxxx
  33. Hi Martinego, The LTSB barrister told me that they will defend the contractual interest part of a claim, - that is if you have opted to claim CI as well as your charges - and not the 8% statuary interest that everyone is entitled to at court. Hope that helps! Darling1 if I have helped in any way please be kind enough to click on my scales!
  34. Cornucopia

    MBNA/Link

    Hi there, welcome to the forum. Could I firstly say, with absolutely no disrespect to Rooster, I personally think you are better sticking here (although another thread somewhere else can never hurt), it's just that your story is identical to all of ours so we can offer a lot of advice here! The very same happened to me, agreed a plan, promptly sold, you might like to have a read through my (very long but at times entertaining!) thread MBNA Nightmare! which can be seen a few threads down. I would do the following : Issue an Subject Access Request to both MBNA and Link but be sure to include ID with your requests or they will use it as an excuse to delay. This will provide you with all the information you require on your account and be sure to ask for a copy of the Deed of Assignment and a true copy of the Default notice as they are slap happy about issuing these giving you zero chance to rectify the situation or come to an agreement. Secondly, I would issue a CCA 1974 letter to Link. You will find this letter in the templates library (it is Letter N). You need to include a payment of £1.00. The purpose of this is to immediately place the account in dispute and to ask them to provide you with a true copy of the executed agreement. This is a rather complicated issue but the jist of it is that if they cannot provide you with this, they will have trouble enforcing the debt. You have to allow them 12 + 30 days to comply with this request, after this, the ball is in your court. The fact remains that MBNA are VERY lax with paperwork and it will be interesting to see what they have actually provided to Link. Probably not a lot in our experience. You must also write to link and confirm that you are unwilling to enter into any telephone conversations with them and you insist that everything is kept in writing. There is also a telephone harassment letter in the templates if they persist. When they ring, put the phone down or challenge them to identify themselves. You don't have to speak to these people so don't give them the chance, you are in control! Last resort, get a big old whistle and blow it down the phone when they ring. Please do make sure it is them first! Once MBNA complies with your SAR, then you can add up your charges and we can all help you with that if there are any problems. Refund of these will no doubt significantly reduce the debt. Bear in mind that any refund will be passed to Link. Now, my advice is to get these things underway and then we can take it from there. No doubt a lot of my learned friends will jump on with more suggestions or to say that mine are fine for now. My last piece of advice is to go to bed, have a proper sleep, stop worrying about these muppets and the fact you have posted here means you have taken control and you are in the driving seat. I promise you will get loads of support from all of us. Any questions, just ask, but please don't stress about it and I can't stress this enough and if you read my thread you will see what a difference this makes! Anyway, keep us posted on everything and onwards and upwards we go! Regards, Corn x:)
  35. hiya peeps, following my recent success in getting my bank charges refunded to me i have decided to try help my mum get hers..the thing is though she has a natwest credit card not bank account. can she still claim for a credit card? if so does anyone know who the contacts are for the credit card? any advice hugely appreciated, cheers allie:)
  36. I am trying to claim for both a credit card and a bank account. Can all this be done together to the same address (Natwest) or does it need to be done separetely?
  37. F.A.O allie 1 uk nat west credit card operations po box 5747 Southend-on-sea S19 AJ send recorded and photo copy every letter you send also date it...
  38. Hi Allie !! Like Deller said all is basically the same,but you might get a letter stating that they are ok to charge £12 etc. Just carry on the same and disregard it if you do happen to get the said letter. All the very best Trish
  39. Yes it's the same procedure for claiming against credit cards, use the same addresses as you would if claiming against the bank.
  40. A HUGE CONGRATULATIONS TO YOU TRISH, COULDN'T BE HAPPIER FOR YOU. YOU CAN KNOW ENJOY YOUR HOLIDAY WITH THATS EXTRA CASH TO SPEND. WELL DONE!! :-D There's just the matter of sorting out that big claim of yours now, which hopefully wont be too much longer, then crack on with that Cap One claim you have in progress. Remember my help and support is there for you at all times. Once again a huge well done, enjoy spending!!! Deller
  41. Accepetance letter signed and sent back recorded to the "kind" Stuart Higley.Now all they have to do is put it back in the account Hey and thanx for all your congratulations post's!!! SOOOOOOOOOOOOOOOOO MEGA HAPPY:)
  42. Remember you can claim the charges & the service charges - this is what I have just had refunded in full. I'm now going to persue the claim for contractual interest (I sent them a revised Prelim letter a while ago) as they seem to have ignored my request for this. Basically I'm charging them interest at their rate for MY money whilst they've had it. Please let me know if I can help you in anyway with this - perhaps you could try sending a revised prelim if you haven't already done your LBA? May have to check with of the mods if you've done LBA already but I'm sure there is a way round it - why not try going for contractual interest too? Anyway - think about it & let me know if you need help
  43. Hi and Welcome Go for it both of you - You will get your and I repeat your money back. I have just had a cheque arrive today for the full amount claimed plus interest plus my Moneyclaim fee !! NatWest will appear to be stubborn and will tell you to take them to court - this is the norm !! Just be strong,be patient and follow the procedure correctly sticking to your timescales and you will be successful,I am sure. There is plenty of help on here and even if it seems a daft question - just ask !! - There will be plenty of others that will also be wanting to ask it. Do read the FAQ's and read up on as many other posts as you can - before you fire off that first letter!! Good Luck !! (not that you will need it!!)
  44. Hi Trish...i'm new aswell and can i say that i am less than happy with NASTYWEST also! I do have an overdraft limit but whilst suffering other financial difficulties they pushed me that little bit further by charging me, in 1 month, 316+ in charges! Needless to say they will be receiving letters from me in the near future.....
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