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Showing content with the highest reputation on 08/12/07 in all areas

  1. Hi Everyone! I've spent about a fortnight dropping in and out trying to get the general gist of things and have followed one or two threads with great interest. After much appreciated help from Sharon (CAG Help Team) I feel I'm now ready to take the plunge and share my experiences for the benefit of others who may follow. Apart from the bog standard reclaiming of my previous bank charges which I'll be attempting, I'll also be looking at a 10yr old mortgage account with the Halifax that I once had. I was repossessed owing less than approx £800 3yrs into a 25yr "With pro
    1 point
  2. I have looked into the way that data controllers have to register themselves and have indicated on another thread that they may be forced to do business this way. When these companies register as data controllers they have to state that they will process data to 'purchase debt' and to 'collect debt on behalf of a third party'. I do not think they can process data to collect data they have purchased themselves. I got this from the IC website. If this is true is it something we can use to our advantage? Or is it something we are ignoring? Newborn
    1 point
  3. The way i look at things now Tonycee is that all the yacky bits can only make us stronger. My focus is to get all this money stuff sorted the best i can for me and my little boy. Nothing else has ever made me feel as low as my financial situation did pre-CAG and i won't let it either. So yes, i am ok. I've had a difficult decision to make and over the next month or so i need to find the courage to discuss it with the person concerned. Everything will work out for the best though. I am confident of that. Thank you for your concern.
    1 point
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  5. Done & Checked out..;-)
    1 point
  6. Hi and Welcome to CAG. I am so sorry that you've had to find us under such sad circumstances. We all help each other every step of the way so don't be afraid to ask for help. I notice you said you were having a few hiccups with doing things like replies etc, so I've put up the link to the dummies guide to the forums, it tells you step by step how to do things. Have a look, it may help you. http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html#post1031151 Good luck with your reclaiming.
    1 point
  7. Hi Un1, I've been watching your thread for a while now, but this is the first chance I've had to read it from the start. I have to say, you seem as determined as I get these institutions sorted out once and for all - good to see. IMO, as it's their Application being considered, if they don't turn up the Judge should dismiss the Application made! This probably won't happen, as the Judge may decide this is a good opportunity to "case manage" your claim. It's also a good opportunity for you to show the Judge just how incompetant they (the Defendant) and the Court have been
    1 point
  8. The crucial bit is "without leave". So they can, provided the Judge will accept it. If they produce two inches of stuff at the Court the Judge will say "no". They have effectively one shot at providing everything they want to rely on and the Judge has to say "yes" - with no guarantee that he will. So if the order is not appealed against by the Bank you should apply for a default Judgment. Goose cooked...
    1 point
  9. Well, a limited company is a legal person in it's own right and so it is the company that owes the money not you. However, many creditors will include in their contracts a clause to the effect that directors will be personally liable for the debt if the company cannot pay. That does not necessarily mean that one director can make another liable for the company debts unless they both signed the agreement. Pay banks include a clause to the effect that signatories are liable. You need to check the terms of the finance agreement. You also need to be sure that the local paper did indeed contract wi
    1 point
  10. ".......... And now for the good news. The OFT have extended the banks waiver until July. But if the banks are refusing to accept genuine hardship cases i.e. if you are in danger of losing your home or cannot paty for gas, elec, or food the FSO can and will take up your case. this info in newsletter from "moneysavingexpert.com"
    1 point
  11. Well done P1. I hope you find this job more rewarding and interesting. One thing for sure is, if you help as much as you do on here, there will be a lot less problem teens about.
    1 point
  12. If they do 'set' the solicitors on Him have your Son send this with His £10 cut & paste below ---------------------------------------------------------------------- Date: YOUR REF: OUR REF: Special Delivery SAR (Subject Access Request) DPA (Data Protection Act) 1998 Their Name & Address Your Name & Address Dear Madam or Sir: RE: YOUR CLIENT As per the DPA 1998 (Date Protection Act) we require that you supply us with any and all data in your possession which, in anyway appertains to our client including true c
    1 point
  13. SOME AT A GLANCE HIGHLIGHTS “Unenforceability Allegation” means an express written notice received by the Purchasers or Raphael Bank from a Cardholder within two years of the date of this Agreement containing an allegation that his or her Cardholder Agreement is unenforceable pursuant to the CCA due to any fact, matter or circumstances arising prior to the date of this Agreement; 6.6 With effect from the date of this Agreement, the Seller shall not take any actions in its capacity as originator or acquirer of the Cardholder Agreements which may adversely affect the ability of
    1 point
  14. Incidentally they will face a fine over this, hospital records have a special status being as sensitive as they are.
    1 point
  15. Come on MTM, this isn't very helpful now is it. the fact is yeah the lad had his feet on a chair, but he suffers from arthritis and put his feet up possibly to alleviate the pain he is probably a very nice lad and i dont see any reference to this boy being a persistent pain or repeat offender i dont disagree with you that society has gone soft but there must be proportionality with things, if this guy had mugged an old lady or committed an wanton act of criminal damage then yes the full weight of the law should be used but hey he put his foot up on a chair
    1 point
  16. OK. That makes things more difficult. This is not straightforward at all. Basically you now have a contractual tenancy. You have NO statutory tenancy, and as such you have no rights established in law, other than those granted by common law with regards to contracts. As there is no contractual term establishing a notice period, only a "reasonable" notice need be given. This can either be classed as one month, or one rental period. In this case I would go for one month. Perhaps more importantly, there is no requirement to go to court to regain possession, nor is there protection from unlaw
    1 point
  17. Yet another X-Factor style interview yesterday.... but this time.... I GOT THE JOB !!!!!!!!!! :D ..... YAY !!!!!
    1 point
  18. Welcome to the forums konakona! I'm glad you've been able to find the information you need. Don't forget also that if you need help just ask, that's what we're here for! I particularly like a phrase that you use... Here's a good evenings entertainment and an eye opener to some of the tricks and stunts played by our favourite dca's!! http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html Good luck with it, Dave.
    1 point
  19. Also is this any help ?....from the brilliant Peter Bard IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974) PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations (If you just want to find out, skip the bits in between the stars it’s just some extra information) **What do we mean by unenforceable? In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information. Subsections 1,2,3,4 state which piece
    1 point
  20. wonder what address they use for data registration they must be breaking some law if they do not receive recorded delivery letters
    1 point
  21. This should give you the acc number on it. I would then asvise that you should just add that to the letter that 42man posted yesterday and send it recorded delivery at least.
    1 point
  22. Pete it goes to show these companies can be beaten, im pleased you got the result. keep up the good work regards paul
    1 point
  23. the reply i sent them. THIS ALLERGED DEBT IS IN DISPUTE. Dear Sir or Madam. I am rather surprised at the letter that I received from yourselves this morning dated 10th November 2006. Copy enclosed for your reference Firstly you state that you have been trying to contact me by phone, If you had been trying to contact me by phone I would have answered it but as you don’t have my phone number then you are un able to contact me. I also have not received any letters from you since the one you sent me dated 04 October 2007 after I requested a true copy of my Credit Agreement under the co
    1 point
  24. Hi Rash. Spend a few days reading the FAQs and the step by step guide. Then post this in the General Debt forum. You should get the advice you need there. Regards, Rooster.
    1 point
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