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Showing content with the highest reputation on 10/05/07 in all areas

  1. Interesting news for anyone dealing with Bryan Carter & Co.... Due to Bryan Carter being so ****** , I wrote a letter of complaint to the Supervisor of Solicitors (SoS) about them. There is currently an ongoing investigation ;-) ...Anyhoo, I'd like to share with you part of the letter I received back from the SoS today. The paragraph below is an extract of the letter the SoS has sent Bryan Carter and it reads.... 'I would also ask you to explain why letters sent out on Bryan Carter & Co headed paper after the date the firm ceased to exist. I understand that you are still usin
    1 point
  2. Have a read...... I have just had a nice lad from Lloyds TSB Collection Centre on the phone, who was telling me that they expect a payment of c.£180 within 14 days... "Well, as I keep saying, the account is in dispute" Why is that Mr Ab123uk? "well, I am claiming unlawful charges totalling more than that!" But the OFT has not commented as yet, so I would advise that you pay if possible, and then YOU WILL GET IT BACK ANYWAY!!! "Damn right I will buddy, but I won't pay what I dont owe- which is in theory, what you;re asking me to do" Well fair enough- I don;t k
    1 point
  3. Looking good so far Angel but you have tomorrows date as the date of being deemed served, that doesnt leave time for it to reach them, I'd change it to mondays date and make sure its posted tomorrow. Have the insurances been added into the loans? If so then cancelling them may not reduce the costs, much better if you can show they have been missold and were never of any value to the debtor.
    1 point
  4. i'd go over the agreement's carefully to see if they are properly executed or unenforceable, do they contain all the prescribed terms under the OFT guidelines for consumer contracts, have a look in the cca thread, also in sure under the UTCC reg's if there is an unfair term/terms ie the charges then i'd argue that the contract/agreement is void unless it can operate without the unfair term in place. would take a court to judge that one though. maybe one of the mod's would help better than i can but at least it's a good start.
    1 point
  5. A Notice of Acknowledgement will be posted to you by MCOL
    1 point
  6. Hi everyone. Just an update and where I am now. I'll give you an idea as from the start. I'll comment and provide copies of the letters I sent below. Here goes. I made my request on 17 April for £2.459.00. I got the usual fob off letter on 20 April about how they were giving me 4 weeks. I know I didn't need to reply to this, but I couldn't help sending the below letter in reply. I don't know if I should write the name of my contact at Abbey, so I've played safe and left it out. Dear ....... Thank you for your letter dated 20 April 2007, in reference to my own letter / request, dated
    1 point
  7. Info Commissioner might be interested to know about Carter's activities. B Carter & Co is still registered as a data controller as are Crellins but the new entity isn't. Could there be a breach of data protection act legislation there?
    1 point
  8. Wake up - you don't have time to sleep - and believe me - speaking as the father of nine year old twins it gets much worse enjoy it while you can!
    1 point
  9. Hi Mr Bump. We are in a similar (but slighhtly advanced) position. GE Money have refunded all the charges several weeks ago by cheque, which we duly cashed (and spent, unfortunately). We pressed on for the interest (about £200) and Salans (GE Moneys solicitors) have filed a defence, which we have not yet received. So its basically the same process as the banks. I rang Salans and asked them if they wanted to settle before I spent any more of GE Money's money by submitting an AQ. THey said they would get back to me as they were awaiting instructions from their client. Steven
    1 point
  10. Firstly, have you received a Notice of Assignment from Goldfish telling you that they've sold the debt to Westcot? And one from WEstocot saying they've bought it from Goldfish? If not then Westcot are only acting as agents for Goldfish and I don't think they have the right to enter a default as they are not the creditor. Secondly, have you got a copy of your credit file which clearly shows Westcot as having registerd a default in their name or is it simply carried over from one registered by Goldfish, in other words are they updating an exiasting default or is it a separate entry? P
    1 point
  11. That is completely different to saying that a test MUST be carried out every 5 years - it is simply stating that electrical equipment must be safe, which is no different from what the law has been for some time. This "due diligence" can be shown in any number of ways, compulsory tests are certainly not the only way to do this, nor is there anything set in law regarding how to show this due diligence. Also, not all electrical works in a property are subject to Part P.... Perhaps most to the point, I would be extremely interested to see any statute or case law that shows that EAWR applies t
    1 point
  12. If HSBC have actually offered part payment then you can accept and continue for the rest. I suspect however they have offered payment as full and final settlement, which you can eiither reject or ignore.
    1 point
  13. Hi Ja-de I have an account with Halifax as well. If you have signed up for internet banking then it is posible that you have also agreed to have any notices sent via the online account. Very frustrating I know but it covers the fact that they have to inform you! With regards to your claim, start a thread in the Halifax forum, call it whatever you like but make it memorable to you so you can go back and update it as and when! I would imagine the Bank will just make a refund into your account as it is only for a small amount....but who knows at times Good luck
    1 point
  14. There are a few things which are a must for you to do: Read the faqs http://www.consumeractiongroup.co.uk/forum/faq.php Print them out for future reference, believe me you will need them. Start a thread in the relevant bank forum. You will find the banks sections by following this link http://www.consumeractiongroup.co.uk/forum/ Read the threads in your banks forum, this will give you an ideal insight into what you are taking on. A few things to remember: This is your money, it took years for the banks to collect it, so don’t be disheartened to find
    1 point
  15. Gracie You don't have to answer cobblers at all. You only need to supply information if requested by the court. However, this is the opportunity to rectify the other problem. Redo your schedule with the proper dates and descriptions and send to cobblers with a covering letter, copied to the court. Steven If this post is helpful, please click the scales
    1 point
  16. Hi Henrik, it is that 0.00222% figure but I am not sure if I have the right amounts of noughts there, so some one else will put you right I am sure.Sorry if it's not much help!
    1 point
  17. Daily rate is just your charges (without 8% interest) x0.00022 eg £495 x 0.00022=£0.11p
    1 point
  18. Have youtried opening another account, and asking for a £500 overdraft? A lot of the banks will match what you already have/had, and one is as good (bad) as the next. This would also acta s your parachute account. Iu set mine up with Halifax and they took care of transfering my direct debits and everything. I don't use my barclays account at all, but am keeping it open purely so I can withdraw the money they give me back over the counter, and then I can close it down with a wad of money in my pocket! the feeling will be good!!! Peter
    1 point
  19. Carry on at them if they remove thinsg from you it can be seen as retialiation. Which is heavily frowned upon ? Ensure you have a parachute account too if you are worried that Barclays will pull the rug. I cant personal see it myself, they would prefer to keep there customers. Intercityman start-battle with barclays
    1 point
  20. now is the time to start nudging & continue to do so every 10 days until you get your offer. pm one of the mods - crusher is very accommodating
    1 point
  21. Go for it, he has surely twigged by now what is going on, and his ar_ _ hole must be twitching like a starfish gasping for air.
    1 point
  22. Well said pd. i forget the welcome stuff all the time! :o
    1 point
  23. Hi Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence. You will then receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one: http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html If you don't g
    1 point
  24. I called to chase up both my halifax current account statements and credit card ones. I rang the current account number of 0845 7253519 and was then transferred to the credit card people who arranged the statements there and then. The credit card people also gave me 01383 743354 as their number although I haven't had to use this (yet!). Hope this helps.
    1 point
  25. Solicitors Regulation Authority Victoria Court 8 Dormer Place Leamington Spa CV32 5AE Northampton Bulk Clearing Centre refuse to believe Bryan Carter and Co doesn't exist anymore. When I asked them to ask the Law Society they said, "we shall ring and that will prove if they exist, thank you".
    1 point
  26. Glad to be able to help gyp
    1 point
  27. Yes, I can see how that is misleading. What it should say is that the extra 14 days only applies if they file their Acknowledgement of service within 14 days of the date of service and in any case, they only get a total of 28 days from the date of service. Well spotted.
    1 point
  28. Hi PriorityOne....l went to bed before you posted, but thanks very much for the draft letter. I am writing my letter to the judge now and can only hope he/she has a sense of fair play. Will post tonight with news of the outcome. With kind regards to all who have offered advice/support.........Valdez
    1 point
  29. I go along with Tomterm..I think they have assumed that anything over 100% would be termed as extortionate. But nothing suprises me with the provident. I think you have a case under sec 137 above let alone whehter your CA is legal or not
    1 point
  30. Hi steviee Yes calculate the interest they have charged you on the charges and put it in your prelim. If you end up with effectively a fixed claim, ie charges plus a fixed amout of interest, you can add 8% on top on your court claim, if it gets that far. There are various choices as to how you calcualte interest. They charged you the unauthorised borrowing rate whenever you were over your overdraft limit. Otherwise they charged the authorised borrowing rate. If you want to claim back just what they charged you (which is probably the most justifiable) then you need to do a smoer sophi
    1 point
  31. Hi Deeeek Quick answers to you questions: 1. SAR to Gogarburn address is correct. 2. 40 calendar days from date they received it. If you didn't send it registered, assume two days after posting. Steven If this post is helpful, please click the scales
    1 point
  32. hi Katieandscott, dont be concerned that you have not heard, they are snowed under;) . And we are all here to help one and other:D Who knows what the time scale is with Lloyds TSB, its just a matter of following the procedure, with the correct time scales, and you will get there:) I started in feb, my court date is in July, so just doing the waiting game and reading as much as I can on the way:p This should help Guide To Reclaiming Bank Charges **##~~~~**##~~~~ Read This First !! Happy claiming:)
    1 point
  33. Hello and welcome to the 'we all hate Lloyds TSB forum'...lol. Please don't panic everyone here is fantastic and we all guide each other along each step of the way. The most important thing to do is read, read and read some more ..... but dont panic....It can be rather confusing to begin with and my advice would be not to start anything until you are good and ready. This link may help, it was a godsend to me and is still in my favorites now (in fact my favorites folder is filled with Consumer Action Group links........OMG.........I admit, i have become addicted) http://
    1 point
  34. Ok peeps as expected no reply as of yet from DG will give them another nudging letter at the weekend if nothing arrives but I think they will leave it till nearer the court date that has been set for july. But on a brighter note guess who's ordered a new ST
    1 point
  35. Hi… What you have is a non-cancellable agreement. And the law lays down certain things a doc MUST have! Below is an excerpt from the oft “non cancellable agreements” dated 2003 but will still cover your agreement What the agreement must contain 1 A heading in one of the following forms of words shown prominently on the first page: Hire-Purchase Agreement regulated by the Consumer Credit Act 1974 or Conditional Sale Agreement regulated by the Consumer Credit Act 1974 or, in any other case, Credit Agreement regulated by the Consumer Credit Act 1974. [the heading is w
    1 point
  36. You can also speak to National Debtline on 0808 808 4000 for free confidential advice. The important thing to remember is that unsecured creditors like cards loans etc are actually quite limited in what they can do if you don't pay the full amount. You should start by doing a budget sheet but under your outgoings just list your essentials for a decent standard of living - NO MINIMUM AMOUNTS TO CARDS OR LOANS!! If you do the budget this way you will get a realistic 'surplus' figure when you deduct your essentials from what you have coming in. This surplus figure is all that you will have t
    1 point
  37. Hello southcoastgirl,firstly let me say welcome to CAG,you have come to the right place in that people will try to help you and that hopefully no one will judge you. I`m no expert but talking to CCCS is a great move as you have realised that you cannot go on as you are, If i was in your position i would take some time to prioritise your debts,obviously things like the mortgage,council tax,utilities must be paid first. You have started the ball rolling on that score,by adding up your liabilities compared to income. With regards to bank charges have you got any info of the am
    1 point
  38. Hello and welcome to CAG! There are a few things which are a must for you to do: Read the faqs http://www.consumeractiongroup.co.uk/forum/faq.php Print them out for future reference, believe me you will need them. Start a thread in the relevant bank forum. You will find the banks sections by following this link http://www.consumeractiongroup.co.uk/forum/ Read the threads in your banks forum, this will give you an ideal insight into what you are taking on. A few things to remember: This is your money, it took years for the banks to collect
    1 point
  39. Hi Click on here: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/ Scroll down a little bit until you see a bluey/grey box that says "New Thread", click on that, call your thread "Blackbelt V Lloyds TSB" or something, then away you go. You can ask any questions on there and we can see what stage you are up to. Barty:) http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!! :D If I have helped, please click my scales:)
    1 point
  40. Thats all you need to put on the spread sheets.
    1 point
  41. Just to tidy up (in case anybody else is reading this): If you file using MCOL you must send a copy of your schedule of charges to the court and SCM as this cannot be included as part of the particulars. If you filed using N1 then the schedule of charges can be attached to the N1 and no need to send another copy. In this case, I see from Post 5 that the 9 point defence has been issued so I take it from this that SCM have the schedule. The 14 point defence is usually used where no schedule has been issued and the claim is filed using MCOL.
    1 point
  42. yes i would. Use the calculator in the bank template forum. It will work it all out for you. Jos
    1 point
  43. Hi everyone, further update on my quest for my Subject Access information. As you know, I have been in contact with a Janet Ayres the poor lady from data Protection Department who informed me that for some reason the departments involved with processing the information will for some reason not let her process mine. I asked her if she could write to me with a reason as to why this is. I recieved this letter from her today. Dear Pen I refer to our recent telephone conversation in respect of your request for your Information under the Data Protection Act. As explained, th
    1 point
  44. And now for the letter from Trading Standards this morning! Absolutely a victory for all of us! I'm so happy right now I can't describe it!! Regards, Dave.
    1 point
  45. Hello and welcome to CAG! There are a few things which are a must for you to do: Read the faqs https://www.consumeractiongroup.co.uk/forum/68-faqs/ Print them out for future reference, believe me you will need them. Start a thread in the relevant bank forum. You will find the banks sections by following this link https://www.consumeractiongroup.co.uk/forum/3-bank-and-finance-subforums/ Read the threads in your banks forum, this will give you an ideal insight into what you are taking on. A few things to
    1 point
  46. Address for **** is Sechiari, Clark & Mitchell, Dept. SO, PO Box 499, Lower Ground Floor, 1-5 Queens Road Quadrant, Brighton BN1 3XJ skb
    1 point
  47. All letters should go to Trinity House, u get a much quicker response. U only need to add the 8% if they refuse to pay up after ur LBA. It is mine field but well worth picking thru it and waiting, as the Halifax dont have the balls to enter a court. Good luck Bank Avenger
    1 point
  48. Guide to the new AQ strategy In section G (H if N150) of the AQ, you get the opportunity to add any other information you think may help the judge manage the claim, or make a request for specific orders that you want the judge to consider making. Untill now, we have always requested an order of standard disclosure in this section, as per the AQ guide notes in the templates library. A standard disclosure order, if it were ordered by the judge, would oblige the bank to fully substantiate exactly how its charges are made up and provide costings and documentary evidence, etc.
    1 point
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