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Showing content with the highest reputation on 09/04/08 in all areas
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Hi letitbeme If the 2 pages are the front and back of the same document then it is enforceable - it has your name, address and signature and all the prescribed terms are in the narrow box on the right labelled "finacial and related conditions"2 points
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The Office of Fair Trading: OFT warns 13 companies about their debt collection practices :D1 point
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rite i have this as a work in progress. Dear sir or madam. Re acc 1234567890. FULL AND FINAL SETTLEMENT OF THE ABOVE ACCOUNT. As you will be fully aware under the Consumer credit act of 1974 i am legally able to request a copy of my Consumer credit agrement provide l pay the fee of £1.00. On the XX XX 2008 i done this. On XX XX XX you sent me a sample credit agreement. As you will be aware this does not comply with the Consumer credit act of 1974. I wrote to you on the XX XX XX pointing out this and on the XX XX XX you wrote to me advising that you will continue to break the consumer credit act of 1974 by chasing1 point
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You can start a claim regardless of whether there is a balance still owing on a credit card. What usually happens is they refund the charges on your card first, and hopefully give you the rest back in the form of a cheque. The OFT will investigate charges that are over £12 and some companies refund the difference between that and what they have charged you. But you can go for the whole lot that they have charged you.1 point
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Just before I retire for the night... (It's been a busy day preceded by sleepless nights) THANK YOU ONE AND ALL!!! (and also, thank you all those people who've tickled, tipped or even kicked my scales today...!!!) PV1 point
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Indeed I did lead you here! As I said, it would seem that one of the main reasons I got the set aside was down to having my paperwork in order. If you're confident talking to the monkeys on the phone then that's fine but it's also your word against theirs. Thank you for your kind words... I'm over the bl***y moon and so relieved it's over!!! If I hadn't found this brilliant forum and the equally brilliant people who contribute then I'd still be a gibbering wreck... and possibly a bankrupt one to boot! :o Thanks again PV1 point
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Tools - Internet Options - Advanced - under the Browsing heading there are checkboxes about script debugging. HTH1 point
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Hi there Pompey if you havent acknowledged the debt for a 6 year period or made any payments in that same period then the debt is statute barred and as such they cant do diddly squat as the Limitation Act 1980 comes into play.in fact that have got about as much hope of getting payment as my footie team ( Saints ) have of winning the champions league which is absolutely NONE WHATSOEVER:D if you go to this thread and use letter M http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html send them it by recorded delivery as a minimum and i doubt you will hear another pe1 point
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Hi E, yes - more than likely there is a term somewhere in the current account T and C's for this1 point
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Today is Name Yourself Day When : Always April 9th Name Yourself Day is your chance to give yourself whatever name you'd like...for a day. If you like your name, then change your name for just today. If you don't like your name, use today to select a new name for life! Participating in Name Yourself Day is simple and easy. Go ahead, give it a try. Change your first, or middle, or last name. Or, change them all. Give yourself a cool and catchy nickname. Once you've selected your name, you've gotta communicate it to all of your family and friends. This could prove to be the hard part. It will likely take time fo1 point
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As well as giving them some stick by phone, I always like to add some patronising bits to my letters to spice them up a bit. Things like... "If I ever need a solicitor I won't be using you lot, as I constantly have to keep explaining basic things in the CCA 1974 to you." "I have typed this letter, as it seems nobody at Moorcoft can read joined up handwriting. Which would explain why you have totally ignored my previous request." "Keep your Consumer Credit Licence handy. You'll be handing it back to the FOS by the time I've finished with you." "If you don't understand the contents of this letter, please confirm this in1 point
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It's not a case of should - it's more of a must. The distance selling regs specifically state that the seller cannot impose costs for an item being returned in accordance with the regulations. Most companies will send a pre-paid envelope. The following is an extract from teh OFTs guide to businesses on distance selling: Q. What specifically do I have to refund to the consumer if they cancel? 3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepay1 point
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Er I'm not sure how to do it in IE. Next time one of these error windows pops up there might be a little checkbox saying 'always show me these errors' that you can uncheck, or it might be in your options somewhere. Someone on IE will be able to tell you1 point
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Hi elizabeth, just click on the link in post #1 it takes you to the original newspaper report. At the foot of the page there is a growing number of comments from Crap 1 employees, present, and soon to be past. ...and our very own JonCris has kindly thrown them a lifeline ;-)1 point
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Where are you reading?? can you link me to it please? I do hope they come visit here and have a heart to heart with us1 point
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I have done a wee bit of digging around, and basically (from what I can understand), an unadopted road is the responsibility of the residents that have this road on the deeds to their property. I have only found one thread that mentions an unadpotive road and the link is below. From what I can gather from your post is you wish to park your car on this piece of road, but are concerned that the residents that sort of own this road will cause a bit of trouble. http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/22054-tickets-unadopted-road.html There is a link on this thread to another site that may help you a1 point
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Dear Sir/Madam [YOUR NAME, SORT CODE, and ACCOUNT NUMBER] I write regarding the application of the following penalty charges to my account: [iNSERT DETAILS of charges applied]. As you know the monies in my account derive from means tested benefits paid by DWP, and/or the CSA. This is confirmed from my bank statements, where they are clearly indicated. Accordingly, you have erred in law in levying such charges on exempt monies in my account contrary to The Social Security Act 1992 which for your information states as follows: Social Security Administration Act 1992 Miscellaneous Certain benefit to be inalienable **1 point
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Hi guys, I think I can shed some light on Enterprise/Brulines 'success' in court. They have a much vaunted 100% record but they're hiding something or more to the point, using sleight of hand. For fairly obvious reasons I have been researching this [problem] and lo and behold the 100% court success record is for INJUNCTIONS only, i.e to force the lessee to conform to the terms of the lease by not buying out. Now, the significance of this is that I can find NO reference to the veracity or validity of the Brulines extortion [problem] ever reaching a court of law. Generally speaking by the time the pubco has leeched all it can from a1 point
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One of my colleagues has taken some legal advice and spoken with a colleague who has had some involvement in the new legislation and both views are that the legislation is clear in that deposits only have to be protected if taken after 6 April 07. She has spoken with two of the schemes operators and they are adamant that deposits paid prior to April 07 do not have to be protected We were given this example: Students - Housing - Communities and Local Government A student has paid a full deposit before 6 April 2007 (eg in March) for an AST starting after 6 April 2007 (eg in September 2007). Will the deposit need to be protected under an1 point
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Hi and welcome to CAG Spend sometime familiarising yourself with the site. Make sure you read the site rules and the FAQ's. Acouple of useful links are the How do I guide to the forum and the A to Z Index Then when your ready start a new thread in the appropriate forum. saint1 point
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Good Luck! Keep at them, it's up to THEM to prove that you owe them money, NOT the other way round! Keep us posted and come back whenever you require more advice or support! PV p.s. Hate to ask but, if I've helped, would you click on my scales please?1 point
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KAR PM'd me to ask if the document in post #12 was enforceable. Firstly, I would say that it doesn't comply with s78(1) of the CCA 1974 because it doesn't comply with regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) regulations 1983 Given that it is almost illegible, it is difficult to say whether it is enforceable or not. It looks like the first 2 pages are back and fornt of the same document which has your name, address and signature. To be enforceable under s127(3) of the CCA 1974 it must have: 1. a statement about your credit limit, even if it just says that you will be told what it is. 2. t1 point
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Just noticed you have started this one up again. Glad to see your back to it. Good luck. xx1 point
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yep off everywhere wonder why :Dxxkia1 point
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Hiya Jade, Mr Tills is getting there slowly,will be a while yet though,thanks for asking:)1 point
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Mate, You mentioned the undertakings made by the pubco when you took over in a previous post. Were these conditions of your lease, because if they were the pubco has breached contract with you. Has there been any reaction to your LBA yet? What was their response? Have they disclosed the case numbers for all the other times that they have allegedly won in court over the same argument? I would seriously call in the Information Commissioners Office in order to achieve compliance with the DPA request. They shouldn't be allowed to get away with just ignoring it. Every firm in the UK has to comply, unless they are exempted1 point
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the CCA does not need to be signed. pt2537/paul has the rules on this so if you need anything like that just PM him asking for the relivant law over it. It may help if you include you email addy as he will send the documents there. If not then add a link to this thread and see what he can do for u.1 point
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Reproduced courtesy of Reduk054 (you will need to read through this and edit appropriately) I refer to my letter dated xxxxwhich was delivered via 1st class post/recorded delivery/special delivery [delete as applicable] to your offices and received on xxxx, a copy is included for your perusal and ease of reference. To date, you have failed to supply the requested documentation. These documents should be readily available as proof of your legal right to collect on this account. In my letter dated the xxxx , I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and1 point
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