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Showing content with the highest reputation on 28/06/08 in all areas

  1. Hi there tygermoth, Here`s one I sent to Lowells, try this if you want Edit to suit - Dear empty heads, You have contacted me regarding the account with the above reference number, which you claim is owed by myself. What the hell are you dribbling on about? You ask me for a payment, without proving anything. Are you on smack or something? I would point out that I have no knowledge of any such debt being owed to, or have even heard of Lowell Portfolio. I am also familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the Office of Fair Trading say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, for example, the last bill you have at our address, or your receipt of purchase. This would be very interesting to see. Further to the above, and your threat to arrange for a moron to visit, do you honestly think I’m going to entertain your so-called agent? I don’t think so! Make sure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment and dealt with accordingly - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you choose to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine, far more than this alleged debt. May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd (1959) 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the Trading Standards department and consider informing the Office of Fair Trading of your phishing actions. I look forward to your reply. Yours sincerely Hope this helps. If I have been helpful or made you laugh in any way then please click my scales Regards N.P
  2. Sorry if the way I posed my question caused offence. You are of course free to make whatever assertions you like about the law. I do not think there is any authority to back up your proposition and it is not to be found in the UTCCR. Indeed, it is my view that the UTCCR do the exact opposite. Regulation 6 (2) says: In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate...to the adequacy of the price or remuneration, as against the goods or services supplied in exchange So, the Regulations specifically exclude the possibility that any enquiry can be made as to the level of any charge. What the Regulations do permit (at least according to the current state of play) is that any of the banks' term imposing charges can be subject to assessment as to fairness - something quite different.
  3. Just wait to see if they send you anything to your CCA request.
  4. personally I would go for option one because when they discover their mistake they may just reduce your payments and claw it back at a time when you may really need the money. In the meantime get as much interest on it as you can in a seperate account. - you have done your bit by offering it back and telling them the truth so let them chase for it.
  5. It would appear that Moorcrap have adjusted their threatogram, perhaps because of the new legislation. Where are the old threats of Attachment of Earnings, and Bailiffs they used to love so much? Not that it helps them in this case:
  6. I'm currently one of the lucky ones as I'm not getting many calls at the moment, but after installing a line card into my home PBX, I can record calls on both my VOIP and my landline number. I'm thinking of recording a message along these lines, which will be played to any caller added to a blacklist: They call back, and it just plays the message again and again.
  7. An alternative, making use of the latest legislation:
  8. My sugggestion would be to write to the mortgage company, maybe enclosing a photocopy of the deposit page of your first tenancy, and stating the you have paid a deposit and it is held by the landlord. Ask that they write to him/her for it to be transferred. Also state that if the landlord holds it as stakeholder, then this letter is written authority for the landlord to release it to them.
  9. Hi Willy, Sorry to hear about your circumstances. Phew, full marks to you for not having given up by now. Anyway, welcome to CAG. Ell-enn is a diamond and will help you to the end. I just want to offer my support and say that there is always hope, i stopped repo the day before eviction once. Can i just ask if the secured loan is with another lender as although its important, its not important to you court claim. Whats important now is, after you have paid of any amount of the arrears, are you then able to meet your monthly payments, plus a little extra towards the arrears now that you are back at work.? If you want to accept defeat, then run and hide, then i will not waste anymore of your time. If you want to stand and fight, then we are all here to fight with you till the end.
  10. You've got the right idea..but it might be a good idea to remove your name from that last post!!!!! Oh yes...it's like a 'Tommy Atkins' or 'A.N. Other' moniker. I get it now Like Samuel Clemens and Mark Twain...........
  11. To respond to your PM:- Assuming that you get an Order for disclosure or in fact anything requiring the claimant to do anything really.If the claimant does not comply by the date specified there are several stages to follow:- 1. You write a chasing letter giving them 7 days to comply. 2. You apply to the Court for an Order, on an N244, that unless they do comply within 7 days or that the claim is struck out (an Unless Order) and that you get costs. 3. Sometimes the Court won't make an unless Order on the first occasion - so you may just get another Order that they do it. 4. If the Order wasn't an unless order and they don't comply - another 7 day chasing letter 5. If no compliance another N244 asking for an Unless Order and costs. This time you should get an Order that unless they comply with the first order within 7 days that the claim be struck out 6. Non compliance -Claim struck out - no trial - you win Throughout this process there are often things you should do, such as file a witness statement - however until you get disclosure you should NEVER file a witness statement - no Court will order you to. What you have to do is tell the other side that until they give you disclosure that you are not able to finalise a witness statement. In the N244's you should tell the court that you haven't been able to because you haven't had disclosure from the claimant. In fact you need to ask the Court to Order that you file your witness statement 21 days after the claimant has complied with the Order. That way the case only gets to trial if it absolutely has to and if you are ready for trial. The issue of whether or not they can use material that has not been disclosed should not occur because you should have had the disclosure well in advance of trial
  12. I found the 'sosumi' sound - yes it was an old Mac alert sound, it's here: Rule to Play Sound ... scroll down the page, it's just a blip noise... but that must be where I got the name from Meanwhile, if these 'reports' didn't have such devastating repercussions on peoples' lives they'd be a very very unpleasant example of businesses knotted up together - credit, debt, banks, credit cards, storecards, debt collectors, private investigators, data trading, information as 'commodity'... It's nauseating frankly - and ludicrous. Tip one way - a few pounds 'in the black' - and businesses will buy your information to 'target' you with their services - insurance, more credit, and all the shabby detritus that they inundate you with. Tip the other way 'in the red' and - well just look at this forum. Nasty grubby 'business' it is. They'd like everyone to believe that everyone in debt is evading debt. They'd like everyone to think they're checking files to 'establish residency'... Yeah right. Their day is coming.
  13. Easy: You have digital optical out on the back of your tv or dvd ( not too clear from picture ), connect this to your Digital optical in of the surround sound thing. when you put surround sound on switch to aux digital in. you can swithch through various psudo surround sound profiles. Use HDMI from dvd and surround sound to TV or you use the normal coax out from dvd to surround sound and select AUX analogue in and get same result
  14. or try AVforum or other "geeky" websites - tey are very helpful!
  15. Forgottenone, I understand how you are feeling, I've been in that dark place too. I was ripped off unmercifully by a man who saw that my health problems rendered me vulnerable. He was always going to repay 'when he found a job'. Like a fool I married him, after 3 weeks he became very violent towards me, he was always full of remorse...of course. Stupidly I took it all in, after all he assured me it was due to his frustration of not finding a job. I was in a very well paid job at the time, so he said it was unnecessary for him to sign on for JSA...haha good one...in other words...if I sign on they'll want me to find a job! After 3 months of marriage he attacked me so violently I couldn't attend work and my mental health problems, which I had been well on the mend from, returned with a vengence. He left and went to stay with relatives in the north, I was sectioned. While I was in hospital he returned to my house and took a pc, dvd players, tvs, etc,etc. When I was discharged he contacted me, desperate to try again...well I told you I was a fool..I agreed. This time though he only stayed with me at weekends, said he was doing a course which would allow him to get a brilliant job, and repay the loan I had taken in my name for him, my credit cards that he had maxed out. After just a few weekends the violence started again because I couldn't afford to pay for repairs to his car...I had been off work for six months and was on half pay. After one particularly bad episode of violence against me I attempted to hit him back...he called the police and I was arrested! Two policemen threw me across the arm of my sofa, handcuffed me and dragged me out of the house to the police car. I wasn't charged with anything, but because he had told them I self harm they weren't interested in the bruising on my body. When I eventually got home, he had again left after emptying the meagre contents of my purse, he even took £3 left on the telephone table for the window cleaner. I wasn't sectioned this time as I agreed to be admitted to the physchiatric unit voluntarily. I was so vulnerable and felt so alone that I agreed to stay in contact with 'him'. Not longer after my employment was terminated due to ill health, when my so called husband found out I was due to recieve monies because of this he wanted to try to patch things up again. You'd think I'd leant my lesson by now...but no..and I agreed. Well within a few weeks he had taken all my money again, then when it ran out he turned violent again....I snapped and cut my wrists...life really did seem pointless. Well he did call an ambulance...one point in his favour I suppose. He stayed for a week after this, just long enough to take my income support payment. Then he left after calling me some of the vilest things imaginable. Fortunately my daughter had been staying at my Mom's because of my health, and hadn't seen a lot of what was happening. She wanted to come home, this was the push I needed to cope...and mostly I have. I saw a solicitor and applied for a divorce, made a will in my daughter's sole favour. Sadly my solicitor wan't much use, and I have been forced to give up any hope of reclaiming my possessions, or any of the money he coerced from me. So I am now left with no job and no hope of working again, over £30,000 debt, and very nasty scars on my wrists...but I have my daughter, I have my cats, I have my little garden where I can watch nature peform its magic, I can hear the birds singing, I can watch them feed their babies when I put some food out for them. I even still have a few friends who stuck by me through all of this, not many but a few, and they are the ones who matter. I've just been informed that a charge is to be registered against my home to pay for my legal aid, as I won my case....really...was that winning? I'd say losing was more the case, but as he didn't make a claim on my home (the one I'd owned for 12 years before meeting him, the one he never paid anything towards), that means I had sucessfully defended his claim against it! I started to go downhill when I found this out...but hell I'm better than that..oh I'll challenge it, but I've been through worse and come out of it. So can you Forgottenone. Sadly there are some people in the world who will exploit others vulnerability, but try to see the good that is out there too. I still am unable to form new friendships as I can't trust, as for a relationship...I don't think that will ever happen, but a little chat with my next door neighbour, or a few cheery words with a check out assistant makes my day...little things maybe but big things for me. I no longer consider my husband's physical and financial abuse as something that wrecked my life...it changed it yes, but through change I've come to appreciate much more. The dark times can't be switched off at will, consider them more like solar powered garden lights, the more sun, the brighter they are. Forgottenone, you are not alone, you have other forum members who know how it feels. Sending you some hugs {{X}}
  16. Just penned this and will send it tomorrow, its a bit of a rant and tends to go on a bit, but I wanted to make it clear and leave him in no doubt that I am serious and will not be put off. that said no decision has yet been made on following it up.....I want to see the reaction to this first If I refuse his offer and nothing happens, I have not lost anything...they cant exactly ask me to pay up (uneforceable agreement) if the take me to court they will lose. so at the moment its a win / win lets see what the answer is Thank you for your kind and generous offer to write off the alleged debt that I owe to Barclay's, but on this occasion I feel I must decline. Please let me explain. Your offer to write off the debt while generous only strengthens my resolve and my feelings that I am right in my assumptions, that the debt is unenforceable. An unenforceable debt is just that, you would not be able to collect on it. If I did nothing I would have no debt to pay and If I agreed to your terms I would have no debt to pay. It seems as though your offer is not as generous as it first appears. This being the case the least I would accept would be the return of any interest paid. If this is not acceptable then I will continue with my claim along with the compound interest element. There is enough case law to support my claim for the return of interest and compound interest for the time value of the money. This appears to be your last chance to escape without it costing a small fortune. I have studied the various acts and case law and also had legal advice and have been assured that I have a valid and strong case, and although nothing in this life is certain, I feel pretty confident that the path I am treading is a just one, the resolution of which will right some serious wrongs. Your inclusion of the Rankine judgement as an attempt at intimidation only adds to my feeling that you have no defence in that, that particular case did not touch upon any of the issues we have facing us. I have been a victim for too long and have now found the tools to help me get justice. For too long in this country the financial institutions have been able to ride roughshod over the lowly consumer and almost get away with murder, and in some cases they have, especially when the vulnerable have been driven to despair, and when suicide seems the only way out. Even now A lot of banks feel that they are above the law and can pretty well do as they like with no interference from the regulatory bodies. However I must admit though Barclay's seems to have been a leader in a change that should get all the other banks worried. Your recent changes regarding charges and dare I say it penalties seems to have been well thought out with the customer and not greed in mind However that said It is not funny when your circumstances change and your whole life goes pear shaped, bills don't get paid, DCA's and creditors start endlessly calling you and bailiffs start knocking. No one is prepared to give an inch or even listen, all they want is paying, often more than you can afford which leads to spiralling debt. You are put under such stress and pressure that sometimes the unthinkable springs into your head, just to get rid of it all. Then one day I realised that I only owe them money not my life. That is when I decided to fight back. What really irritates and infuriates me me is that after all that trouble, when you investigate it fully, you find that there is no legal basis for all the hassle, upset and stress. Credit was given out far too easily and agreements just churned out without even checking the legality of them! Most agreements were too full of advertisements and other irrelevant stuff to contain all the legalities required by law. I have said this before I'm sure, but if the boot was on the other foot and you had an ironclad agreement and I had defaulted, that you would stop at nothing including bankruptcy and repossession of my home to get your money back without regard to mine or my families well-being, and you would add interest to that as well including the evil of post judgement interest, where the interest balloons at a compound rate. If compound interest is good enough for your company ...its good enough for me. The Consumer Credit Act was drafted in such a way that it put the onus of getting things right on the creditor. It purposely made the punishment for getting it wrong very hard. It was parliaments intent that the creditor should have no recourse if he got it wrong. I include an extract from Francis Bennion regarding the CCA1974 I am sure that you are already aware of Mr Bennion and his many works “As the draughtsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40, [2003] 4 All ER 97. Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.” So to recap....thank you, but no! Remove the debt and any CRA references (which are unlawful anyway and would be my next step ) and repay any interest I have paid and I will consider it, I would of course keep this confidential, unless you do not agree. If no agreement is forthcoming it seems as though we will have a day (or two) in court. Yours Sincerely
  17. I really think you need to see your Gp about the way you are feeling, your thoughts are very dark right now, and the Gp isnt going to frown at you nor look down upon you and think that you are any less of a person for asking for a little help at this time You know you have the support of many on this site and that theyll always be there for you:) Youve over come the first step and your post is quite admirable in that youve accepted the fact that those feelings exist That step is your first major hurdle on the way to transforming your thoughts You know theres also always someone about in chat when things seem really bad, whether to laugh or cry or scream at, its live so your concerns etc are listened too and people will try to help in whatever way they can Leaves you feeling "not so alone" in the world heres the link anyways and you know we are there cidb.co.uk - Consumer Information Database Chat Room take care tracy xxx
  18. Forgottenone-as you have seen,no one here has forgotten YOU..Its easy to give people hope and reassurance-if you have never known despair or lonliness,but you will see by the replies that others here have been in that same place.What makes us different is how we are able to get through these times.You should always remember that somewhere there is someone much worse who have no hopes of finding peace from their torture..as long as you have air to breathe a roof over your head food to eat...and people such as these here to talk to you-then theres always a way to see through the mist. Life can be cruel and so unpredictable-no one knows what lies around the corner.But as things can change for the worse without warning,so can they change for the better.Be glad that you have life itself-Light can come from darkness and sometimes we have to experience unhappiness before we can really appreciate real happiness.I am sure there are those around you who will want to help you through whatever it is that gives you so much despair-give them a chance to do this-and dont be afraid to express yourself here.You have seen some replies-I am certain there are many more to come. Lets start some positive thoughts by changing the thread title....I think we are all agreed that its NOT the answer...the way back begins when you accept thats its not
  19. Hello Forgottenone There are people who have been in the exactly the same position as you, and have somehow found the strength to come out of it, and have gone on to find happiness and fulfilment in life. To be able to cope with life more easily they have found alternatives to suicide and were glad that they did not take their own life. You may feel like this now because the pain you are feeling has become unbearable. Just talking to someone else about how you are feeling can take some of that weight off your shoulders. There may be other things you can do to help yourself cope, to change things, to survive. Talk to a friend, a relative, a helpline, a counsellor, look at some of the websites where other people have felt suicidal. Give yourself some time to find some support, some help with coping and talk to others about how you are really feeling. You have already had a couple of responses on this thread, let's continue to talk about things that are upsetting you. It may take time, but don't give up.
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