Jump to content

Leaderboard

  1. 42man

    42man

    Registered Users

    Change your profile picture


    • Points

      2

    • Posts

      26,163


  2. adamski

    adamski

    Registered Users

    Change your profile picture


    • Points

      2

    • Posts

      1,275


  3. noomill060

    noomill060

    Registered Users

    Change your profile picture


    • Points

      2

    • Posts

      6,955


  4. PriorityOne

    PriorityOne

    Registered Users

    Change your profile picture


    • Points

      2

    • Posts

      7,397


Popular Content

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

  1. Just found this interesting little snippet- DBSG Website Stephen Dawson, Associate Solicitor at Shoosmiths will also be presenting on a contemporary issue essential to the industry, the new world of consumer protection. “The new Consumer Protection from Unfair Trading Regulations 2008, which came into force in May this year, are already causing much consternation in the finance industry,” explains Stephen. “Though the true impact of these legislative changes is yet to be known, it is clear that they will significantly affect the credit industry going forward. DCAs for example, who buy debt from a lender with poor lending agreements and (knowingly) continue to recover debt under the terms of these agreements, could find themselves facing both criminal and civil sanctions for unfair commercial practices.
  2. Thank god you came back. Look we need to help you. Firstly this is the PPI forum, sounds like you need help on another froum where there are Moderators, Site helpers and Admin whpo can give you quality help. But for now lets see if we can help you I will direct you to the right place when needed. I know all about drugs and what they can do good and bad. Would your son come on here and seek advice directly? He would be very very welcome as far as I am concerned and the real, good, and honest people her would feel the same I am sure. What is the total of your sons debts, can you break them down into i.e., loans, credit cards, bank accounts etc? then I may be able to assist further every detail you give is of great help in order to advise. Best Regards.
  3. thanks FB I sent it to their offices in Scotland and added on the bottom 'if there is anything in this letter you do not understand please consult a solicitor qualified in ENGLISH law' !!!!!!!!!!! Hee hee. I can just see them reading it and steam coming from their ears and then from the threat-o-matic machine as it struggles to answer that letter... anyone needing anything powered by steam get urself down to Debt Manager's offices as there will be plenty of it once they read that letter
  4. Don't want to be difficult about this but saline is very simply sodium chloride in hydration, normally 0.5%. What is the point?
  5. From what I remember when I got divorced, yes he could go for half the house, BUT chances are that it wouldnt need to be sold until the children are of age, but I dont know what would happen as long as at least one of them is severely disabled. Also, there is the matter of the 42k endowment that will be maturing that is solely in his name, she is entitled to at least half of that, he doesnt seem to have grasped that fact, plus, if he has £900 per month coming in, she is entitled to expect child maintenance. For what it is worth, she should at least talk to a solicitor to see the legal aspect. I think that she is in a strong position. BUT she seems to think (forgive me for sounding harsh) that he will be appeased and not rock the boat if she gives in. From bitter experience I know that this is not the case and, like blackmailers, always think that they can come back for more, she should cut him off now and draw up, at the very least, a legal separation, personally though, if it was me, I would be going for the divorce.
  6. My 100th post could only be on this thread:p Now guys is that a milestone or not? You may now shower me with your reps........
  7. Whilst I understand that for her it's a very emotional subject she letting her heart rule her head. From what you say the guy obviously thinks her money is his money & the sooner she takes steps to deal with that the better otherwise there's little she can or will do Also her solicitor won't be happy that she's asking for advice here particularly if his advice conflicts with that given here. She has to put her thinking head on otherwise there's absolutely no point in giving any advice which if given & which you have already indicated she ignores anyway
  8. Thats a common ploy to avoid a SAR and a load of baloney. I have no idea about charge cards so I guess someone in the know will explain. I would be interested to know which parts of the CCA apply.
  9. yes my case worker said i will get extra tax credits such a huge relief!
  10. You'd never guess they had one, would you?
  11. Another set of lowlifes picking up the scraps. This is just a bog standard letter of theirs. Send them this ACCOUNT IN DISPUTE Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities. If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully
  12. I got that letter too I replied saying that any reconstruction must be based on a copy of the original signed agreement, so why don't they provide a copy of that as well. Complain to the FoS as they suggest, also make a complaint under CPUT regulations 2008 on the grounds that Miss Bennett's statements are misleading
  13. This was response I got from Information Commissioners Office 1st July 2008 Case Reference Number RFA0201865 Dear NI Gril Thank you for your correspondence dated 15/05/08, regarding organisations performing unauthorised credit searches on you. Please accept my apologies for the delay in replying to you, our office is currently dealing with large volumes of work. This has meant that we have been unable to deal with incoming correspondence as promptly as we would like. In most cases, an organisation would need to inform individuals before performing a credit search. This is to comply with the first principle of the Data Protection Act 1998. If you feel that this has not taken place, you should first raise this matter in writing, or by e-mail, with the organisations that performed these searches. Make sure you keep copies of your correspondence. If you are not satisfied with their response, or do not receive any response, please contact us again. Please quote the above case reference number in all future correspondence about this matter. Failure to do so may delay the processing of your complaint. If you would like any further clarification please contact our Helpline on 08456 30 60 60 or 01625 545745 if you would prefer to call a national rate number. Yours sincerely, James Cooper Case Reception Unit The Information Commissioner's Office
  14. Result .. an admission that there's no CCA !! Is there a CCJ on this one ? If not, then stop all payments, but keep this letter safe. If there is, then they'll need to prove it's existence. Since they haven't gone back to any "clients" for a CCA, they probably bought this one ages ago but don't want to tell you.
  15. This one goes to Restons... by rec. delivery once again. Dear xxxxxx Your Ref : xxxxxxx Further to my letter of xx/xx/2008, HFC have now forwarded an Application Form document in response to my legal request under The Consumer Credit Act, 1974. The document they have supplied however, is a pre-contractual Application Form with no prescribed terms, interest rate, credit limit and/or terms and conditions. Therefore, contrary to the comments in their accompanying letter, this document does not comply with my legal request under The Consumer Credit Act, 1974 and neither does it represent a legally binding Agreement under the above Act. As I am sure your are aware, until such times as HFC are able to comply with this request, the account remains in dispute and is legally unenforceable. For your ease of reference however, I have briefly surmised the following rules that apply to all disputed accounts under The Consumer Credit Act, 1974 : HFC/their agents/solicitors may not demand any payment on the account, nor am I obliged to offer any payment to anyone. HFC/their agents/solicitors may not add any further interest or charges to the account. HFC/their agents/solicitors may not pass the account to any third party. HFC/their agents/solicitors may not register any information in respect of the account with any of the credit reference agencies. In addition to these points, whilst HFC remain in default of this request, they also remain unable to provide any signed authority to process my personal data under The Data Protection Act, 1998. A formal request for your company to cease and desist from doing so will therefore be sent to you under Section 10 of the above Act, should this prove to be necessary. I trust that the content of this letter clarifies both my position and your own and look forward to your confirmation that all legal action has now been suspended. Please note however, that should HFC persist with instructions to pursue legal action on this account and you choose to ignore the content of this letter, that this action will be treated as both unlawful and vexatious, vigorously defended for the reasons outlined above and reported the relevant authorities without further notice. Yours sincerely,
  16. Send this to LCS...(by recorded delivery) Dear Sirs I refer to your letter of XXXX 2008 which was received today. Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (12+2 days after sending date) 2008 to comply with a legal request. Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by your client under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.
  17. No don't send anything to the courts yet....but DO send the CCA requests and the Subject Access Request, The CCA requests you will need to put a £1 postal order in each, and DO NOT HAND SIGN ANY LETTERS and send them by recorded / guaranteed delivery...as for the SAR, you will need to send a postal order for £10 to Lloyds..if this is your wife's debt only then ONLY put her name and the address on it again do not hand sign it.... This is the SAR request to send to Lloyds...send it to the DATA COMPLIANCE OFFICER at their HEAD OFFICE Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account) Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor 3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my accounts formerly held with you. 4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent me, with a copy of any proof of postage that you hold. 5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). 6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. 7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed. 10. Copies of statements for the entire duration of the credit agreement. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable. Yours faithfully, print but don't sign your name You can find the CCA request here...it is letter 'N' from here.. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html again, send EACH request to Connaught and 1st Credit with a £1 postal order, and do not HAND SIGN IT EITHER - WRITE AT THE TOP IN BIG LETTERS - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU MAY REPRESENT, again send each one by Recorded / Guaranteed delivery... You must do this 1st thing tommorrow....
  18. It shouldn't - after all it is never actually going to get to court
  19. When you go to the sorting office ask to look at the package first. They should let you as you may have to pay money and you want the option. If you can look at it then I guess you'll be able to judge whether it's something you want or not. If you do pay up and take the package then make sure you get a receipt (they will give you one if you ask but don't do it in the middle of the rush hour!) so you can charge the sender accordingly!
  20. Certainly, usually from Canadian 'field agents' phoning on behalf of a certain group... I love winding them up as they have NO (or very little) knowledge of UK debt collecting law and NO knowledge of our court systems.
  21. Sent this to my nemesis in Fife. Hehehe With reference to the letter sent to yourselves on 11th July 2008, no payment has been received. A late payment charge of £12 has been added to the account. The amount outstanding now totals £353. A new breakdown of the charges has been submitted on the back of this letter. If no payment has been received within 7 days this matter will be referred to the Pre-court division, and legal proceedings to recover the outstanding amount will be started as you are unwilling to discuss this matter. I would like to draw to your attention that if legal action is taken, not only may this effect any future credit applications you make elsewhere, but any legal costs incurred are usually payable by the debtor. To make payment please send a cheque, quoting the legal case number on the back to the above address. Yours sincerely, £3 per phone call made or received – 9 phone calls = £27.00 £6 per letter wrote about the case – 13 letters including letters to Trading Standards, The Office of Fair Trading and OFCOM = £66.00 £10 per hour legal research – 11 hours = £100.00 £1 for a postal order for a CCA request = £1 £12 late charge applied = £12 £125 for the distress and upset at the foul and abusive language used against me during the telephone call on 3rd July 2008 = £125.00 Total outstanding £353.00 to be received within 7 days of date on this letter.
  22. I grovel to nobody. Never have, never, ever will. (and proud of it) I've had tons of messages of support on this thread and PM's too, by being different and not being afraid of DCA's, and showing others why they shouldn't be afraid of them. This thread has proven that people who have spent 4 or more hours reading this thread and realising that DCA's are nothing to be afraid of and never will be. I'm always honest with my opinions. Even if it means going against morals on if you should pay and what you should pay, etc. There's too many peeps on here who need help from like minded people. On here there's people who care about me and also each other. So we stick together and everyone work as a team and help each other. I will always help anyone on here who asks for it. As for the Cagbot, who the F***ing hell gave him 9 green blobs????? Who the hell gives green blobs to support censorship? We should fight against the DCA's and also the few forum mods/cagbot who's personal opinions go too far when it comes to limiting on what we can, and cannot post here. We are after all adults here. Nobody under 18 has debt problems, so why do we have to have censorship to the limits of offending 7 year olds on here? This is an adult forum for adults after all. (I understand posting anything that is liable and will get the site owners and users into trouble that way.) But freedom of speech and personal opinions count too. So why not a disclaimer added to the main page or even to each post?) Fart jokes and wee wee jokes, will always be funny, so come forum mods, get a grip on reality. Most of you are really great and really go out of your way to help people. But there's a couple on here that spoil things for everyone, by going way overboard just because you have a little bit more power over everyone else. If peeps want to post a funny cartoon, or pic, then let them. Everyone on here is under a lot of stress, so why not have few threads that make people smile and realise that things aint so bad after all. Most of my green blobs have been as a result of this, and I'm really proud to admit it. And a huge thanks to everyone who has so far. I really appreciate it a lot. When things in life go bad, having a laugh makes things seems a lot better. Or will this place end up a depressing place just like the DCA centre muppets want it to be?????????? I hope it won't and hope my ramblings make peeps think and also react in a positive way.
  23. Yep as Barra has said, write that into the brief details of claim. On post 37, the wording DEF's needs to be written in full. The POC linked in post 38 can be adapted to a brief detail of claim. If you are still worried about it, i will put something together later, as i am at work at the moment.
  24. And I didn't contest the original CCJ either... I'd CCA Cabot immediately...If they didn't have the correct paperwork to go for a CCJ 3 years ago, they should have never applied for it in the 1st place.
×
×
  • Create New...