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Showing content with the highest reputation on 06/06/08 in all areas

  1. Absolutely agreed. Do it the way the Law says it should be done, and then if/when it comes to Court you can produce documentary evidence of this. If they haven't responded within the timescales specified by the same Law, they will fail.
    2 points
  2. The above mentioned legislation came into force on May 26th, 2008. I've posted this on another thread but think it needs one of it's own. Here's the response I got from TS yesterday regarding DCAs being treated in the same way as OCs. Page 2 is particularly intersting. YAY I got the links to work properly Let me know your thoughts on this one guys, it could explain a LOT about TS reluctance to act in the past. But, if I'm reading correctly, they can now kick a**
    1 point
  3. He won't find out though here. With his history of going to court it seems the way he will find out is in court. This is a guess on my my part - its not because I "just know".
    1 point
  4. Just to add to Rory's comments, I think you'll find this link helpful... http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf It's the OFT's guidelines on Debt Collection Practises. Best wishes, Dave.
    1 point
  5. Hi Husky lady. Now you have come to this site, you will get all the help you need to do the claim yourself, why give all your money claimed to someone else? It does seem daunting at first, and we all feel like that at the start, but if you are patient, you will get help and advice how to do it. The court process is very easy and all letters and information you will need is on this site. Good luck.I have just reclaimed from Nationwide, took me 2 years, but worth the wait. Firstly you need to do a SARS request asking for all information to do with your account, template letter is in templates li
    1 point
  6. 1 point
  7. Indeed, a bit of fun is fine, but when it begins getting personal, people need to know where to draw the line.
    1 point
  8. I didn't miss the point at all guys. When my case was looked at, TS followed the advice of their expert NOT LACORS. The new directive makes it clear that LACORS opinion is now backed by LAW!
    1 point
  9. As has been previously posted, he can legally do absolutely nothing. Even a certified bailiff who has been to court and got a walking possession order, etc can not take furniture to pay a debt. Did you get the registration of the van? If so I would report the matter to the police.
    1 point
  10. Would be interested to know which agency he is from ........
    1 point
  11. Hi, No appointment, No Paperwork NO ENTRY, Your sister needs to be firm not even answer the door to him, and ensure that he cannot gain entry other than illegally. Simple as that. BB
    1 point
  12. Court papers are usualy sent by normal post. What is this in relation to?
    1 point
  13. do you know what the debt is for? this may help you find out what a bailiff can and cant do http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/107376-what-bailiffs-can-cant.html honey x
    1 point
  14. I'd be inclined to apply for the CCA enclosing £1. Stating that the account with Citi was an Account In Dispute, Citi did not comply with your earlier s78(1) Consumer Credit Act 1974 request, and that after falling into default on xx/xx/2008 of your request s78(6) CCA 1974 came into action where Citi were not legally entitled to add further interest or charges (list them). As such the best course of action would be to return the alleged debt to Citi unless 1st Credit wishes to open themselves legally liable for attempting to collecting on an account with unlawfully applied content.
    1 point
  15. Just a little note that might be of help here: Once a limitation argument has been raised, the burden of proof is on the creditor to prove that the debt isn't statute barred. London Congregation Union Inc v Harriss and Harriss [1988] 1 All ER 15, CA at 13.3)
    1 point
  16. I have found that a CCA request is good with thames credit limited. For 3 years they have been sending letters to my property without a envelope and clearly being able to read the letter. They have ignored countly telephone calls and letters and even ignored trading standards telephone calls and letters telling them the person who they are writing to done a moonlight flip in 2005. They politely wrote back to me sending me my request and money back informing me they cant give me any informtion regarding this debt as i am not the names debtor. I then wrote back and informed the
    1 point
  17. As far as I'm aware, there's nothing in the Act that requires them to do anything with the £1 payment - it's clear the intention from the Act is that it's meant to cover their reasonable costs of responding to the request, (as the £10 is a reasonable cost for a S.A.R.) but there isn't anything that states they can't apply the payment to the debt, to my knowledge. So, if you don't send the payment, it's not a legal request. What they do with it is their business. In fact, IMHO, it's better for you that they do apply it to the account, as that is clearly documentary evidence of their
    1 point
  18. Perfectly legal, it was supplied to you by the network on the understanding that you will remain with them for a further 12, 18 or 24 month, so long as you continue to remain with them as a paying customer O2 couldn't care aless if you sold it to the man on the moon. Nokia won't know who O2 sold/passed the phone on to, O2 would be able to find the customer who last used the phone with a O2 Sim Card, Nokia will only have access to the original data, such as when it was made, where it is was made, who done the final quality check, what country it was made for, what network it was made for i
    1 point
  19. I would not trust them as far as i could throw them. Contact the court and ask if you can re-arrange the date as you wish to attend in person. You are more likely to get a favourable result if you attend court yourself.
    1 point
  20. You will find my thread here http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/147172-housing-have-issued-notice.html everything is explained save me covering it in two threads:) hope you dont mind. And Thank you
    1 point
  21. Well, thy are making it sound all so easy arent they we just discontinue then we will throw another claim at you cos we got it wrong what a load of cobblers FACT, when they discontinue a claim after a defence has been filed they MUST obtain the permission of the court to restart proceedings where the material facts are the same. so they need the ok from the court and i would oppose any applications that they make vigorously as they cant have two bites of the cherry im afraid, i would also send them a letter pointing that out, that they should refer to the CPR to see the
    1 point
  22. Needless to say keep the letter safe, just in case Desk A has not been told by Desk B that they have finally seen sense and given up
    1 point
  23. Great to see the Tide spirit still in there...good luck with it all
    1 point
  24. letter received this morning Dear mrs * re moorcroft ref **************** client ref ********************* I write further to your correspondance dated 25th may 2008. I am the supervisor of this companys operational services dept and it is part of my role to investigate queries such as you have raised. I have therefore taken this opportunity to investigate the points that you have raised. My review has brought me to the very strong conclusion that there is a clear confilct of opinion here between your perception of the account in question and the views expressed by our cli
    1 point
  25. They may claim it's a payment to the account, but as long as you keep the paperwork, you can show that this was not a payment to your account but a payment for a legal request - if they choose to make a payment to your account for any reason, that will not stop the statute barred process - only making a payment yourself or acknowledging the debt will do that. That is why it is always essential to maintain your paperwork.
    1 point
  26. Okay, I would start by having a read here to help you find your way about http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html You then might want to take a look at this forum http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/ for your mortgage and post threads in the other debt forums regarding the other financial issues that you are dealing with at the moment.
    1 point
  27. Councils have a duty to consider discretion at every stage of the process - even after an adjudication decision. Something the adjudicators have to regularly remind councils of for some reason. It is quite clear in the regs that it is supposed to happen.
    1 point
  28. NEVER EVER speak to them on the phone or in person. Don't send a CCA request with the fee of £1 otherwise they will claim it's a payment on account which means you HAVE acknowledged the time barred debt & are therefore liable In other words do NOW'T at this stage. Ignore them completely because if you don't & contact them they'll be off pursuing you harassing you never leaving you alone
    1 point
  29. Tell you what, don't bother about DCA's send all your payments to me... or....would you rather check me out first and see if YOU OWE ME ANY MONEY? By not checking my friend you'll end up paying too much, to the wrong people, for the wrong reasons...follow the rules, they'll break them, you'll come out on top, stick to the tried and tested ways, Immediately you get any communication form a dca WRITE, leave your signature off, type your name only send the CCA request (letters in the templates Library) and DO NOT ACKNOWLEDGE ANY DEBT to the DCA - Yet. Once you have that sorte
    1 point
  30. Similar to yourself I am a customer of Nat West. Had problems with them relating to overdraft charges on a business account, which it looks like they may pay out on. I've really been pushing them on manual intervention charges with relation to overdraft charges - and had a reply that the majority of times there is no manual intervention in extending a customer an unauthorised overdraft, or bouncing a payment/dd. Which could be handy, would certainly mean that there charges are invalid. Likewise I would directly contact the Data Protection department with the question as to whet
    1 point
  31. By throwing all of our morals out of the window, unless we want to go under within the first week ...
    1 point
  32. Hi shelbelle, I`m in exactly the same boat as you, I`m in the front rowing My thread is here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112783-lloyds-tsb-mastercard.html This is an excellent letter I was given by pt2537, I beleive it should be suitable for you to use. Have a good read and edit where needed. Dear Sirs, Account no xxxxxxxxxxxxxx xx/xx/2008 Re: my request under the Consumer Credit Act 1974 Thank you for your letter-dated xx/xx/2008 the contents of which are noted. I note that you have included
    1 point
  33. The £10 is to defray the cost incurred by institutions providing data protection info to you on demand. I do not believe there is legal justification for refund of this £10. Egg does not make a song and dance resisting and stalling on refunds, and a letter or two in plain English will normally secure a refund into your Egg account, often within the week. See numerous precedents in V-E Day thread in sticky section, incluing winning template letters.
    1 point
  34. Can only say you need to be tough with Halifax, as you have already found they won't help (ie they can but won't, there is a difference) and in my experience they believe they are above the laws of this land and everybody has to do what they say ..... this is not the case. Please, please, please go for the CCA request to start with, it is important in how you deal with them that you know for sure if they have this or not, if this account has any kind of long age to it they won't have one and do expect every dirty trick in the book from them to convince you that they do not need to supply this
    1 point
  35. Well, looks like they need the pound more than I do. I feel all guilty about getting them in trouble with the OFt now ...
    1 point
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