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Popular Content

Showing content with the highest reputation on 14/08/08 in all areas

  1. 3 points
    Jendoc I am sorry to hear about what happened at your close relatives funeral as are the rest of the site team at CAG. This must have made an emotionally traumatic time even more disturbing for everyone there. So I can sympathise entirely with what happened and appreciate that those memories will stay with everyone for a long, long time. It is not something that I would like to witness myself. I think that, with one obvious exception, everyone here that has posted on your thread at CAG, has gathered round to offer support to you and then to offer advice on what you could possibly do. I also elieve that people should think before they post and that if they have nothing constructive to add to the thread that they should not post. The great thing about CAG, because we are a part of a community, with a common bond, people generally do their best to help others. Unfortunately, on occassion, someone does not. There are sometimes possible exceptions to this however. I am reffering to the following comment: The comment certainly comes across as insensitive and more thought should have gone into how it would be perceived. As in life, we need to choose the people we relate to and whose comments we value. In this case, please believe me when I say that all posters here are upset that someone could post such a comment. Please disregard it if you can and concentrate on the fact that everyone else in CAG is really sorry about the situation you experienced. May I wish you and your family my best wishes for the future at this very difficult time. I hope that one of the constructive suggestions above, provides the solution you are seeking.
  2. 1 point
    Why should you pay them anything. Send them a CCA and see what they come up with.
  3. 1 point
    CCBC Northampton restrictions. A lot of your defence is from previous defence that I have drated. IMHO your point 7 admits the alleged debt and loses credability hence the need to keep that for the C/C.Your defence needs attention and so I will come back to you tomorrow if that is ok Regards Andy;)
  4. 1 point
    Kids need to achieve they need role models they need inspiration they need understanding they need people to steer them in the right way some can acheive in exams some can acheive in vocational training some to just can acheive buy learning to read on BBc 2 tonight ar the proms the orchestra is made up from youngsters from isreal and palistine working together they have achieved something in there own way we should be proud of all those who have achieved in there A levels and next week in there gcse I heard a headmaster speak and he said he was increadable proud of those children in his school who had achieved GCSE passes and A level passes in high grades but he was also increadable proud of two children who went to his school with the expecancy of no gcse passes and obtained 4 grade c's each to him that was as good or if not better and I agree if any child can obtain a sence of acheivement WELL DONE
  5. 1 point
    I think he must be off swanning on holiday freaky, - but could certainly use him - things are hotting up around here.......LOL! __________________
  6. 1 point
    Thanks, Berrylover. I'll send that off tomorrow. I only had 8 recorded delivery letters and six postal orders to do at the post office today. I know they will be so happy to see me again tomorrow.
  7. 1 point
    Jesus H Christ what is it with these CRA'S just paid £14.95 to equifax to find out the default files that have been removed from experian and callcredit are still on my equifax creditfile. ffs what is it you have to tell them for them to remove them from all CRA's. just tried to send a complaint to equifax but it is playing silly buggers with me. anyone got a direct email link to a director of Equifax. i will let him have it. refused a poxy phoneline and other stuff in the past 3weeks due to the defamatory default marks on my credit files. sick to death of them please people help support finlander and the rest of us to make these people stick to the rules and not abuse the consumer any longer. its time to stand up and be counted. its not just the banks abusing there powers. if the cra's give you a bogus credit rating you end up paying more for a loan, mortgage and so on. why stand for it. they all need to be brought into line and as soon as to stop the credit crunch affecting the consumer. let them take it on the chin for a change.
  8. 1 point
    I had the phone right next to me when i read your post FB & decided to ring it - you'll never guess who it is....Capquest
  9. 1 point
    You could complete a N244 form found here The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available pay the £75 and apply to have judgement set aside on the basis that you did not receive the claim form and if you had have done you would have entered a defence on the basis of non compliance with the CCA or you would have made an offer of £xx per month because thats all you can afford. You need to decide which direction you want to go. If judgement is set aside you may well still have to defend the claim and you will need to have a sound defence if this is the case. If you scan a copy of the CCA that would be a start. If the debt is over £5k then you could end up in fast track with the costs that brings should you not be succesful. If you choose to admit the claim (assuming your set aside application is succesful) and make an offer, providing this is reasonable based on your income and expenditure and agreements you have with other creditors then (at the moment at least) they would not be able to apply for a CO if you keep to the agreement. Another alternative if they have a dodgy agreement and you get the CCJ set aside is that you could negotiate a full and final with the creditor. This is effectively what credit repair companies do. Remember getting judgment set aside does not mean (unless you agree a F&F) that it goes away, it just gives you a chance to defend the claim or agree an affordable monthly amount. Any questions just ask.
  10. 1 point
    possibly try sending this to them, amend and edit to suit ACCOUNT IN DISPUTE Dear Sir or Madam, DCA Ref: Client Ref Thank you for your letter dated ****. I must admit that I am rather bemused as to why this account is still being pursued by yourselves, as it is in dispute with ***** and has been since *****. 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 As ***** are now in default of my Consumer Credit 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. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with 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. Now I would respectfully suggest that this account is returned to (original creditor)***** for resolution of these defaults and breaches, as (DCA)****** cannot lawfully pursue any enforcement activities. If (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. Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account In addition to payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully Remember DONT sign your name - either print it or use a digital signature
  11. 1 point
    Rob file and serve! The Court expects each party to file their AQ at Court, and each party is required to serve a copy on their opponents. The exchange of documents between parties, is expected from the beginning of the case. So that would include AQ's, disclosure statements and pre-trial checklists as an example. AQ's are not confidential and if you don't send your opponent a copy, chances are they will file an Application Notice looking for your case to be struck out. The offending party would then receive a further Order giving them a last chance to serve the AQ by a specified date. If it's not done, the non-compliant party would lose the case. If they haven't complied with Court Directions, that tells you they are highly unlikely to even turn up to argue their case! You have complied, so even if they did turn up, you can point out to the Judge all the things they have neglected to do! You might resent having to send things off their sols and file stuff at Court, when they're doing nothing, but if you're doing things right, nobody can fault you on your efforts can they? I would insist on seeing a copy of my opponents AQ Regards Andy:cool:
  12. 1 point
    I have access to the book but I think your query has been answered by Docman?!?!
  13. 1 point
    I don't mind in the slightest if your ar$e bows to me Cf ... just make sure it doesn't blow any 'kisses' while it's doing it please.
  14. 1 point
    Hi, ive been a bit busy the last few days, but ive been watching your thread, you actually have until monday to file so you could do it online over the weekend. If none of the specialists come on to help with a defence, we will have to look around the threads to find something suitable, have you been reading the defences on here to see if there are similar cases? If youre saying that the first you heard of cabot was the court claim and nothing since then you have everything going for you IMO
  15. 1 point
    No, I'm afraid not. If the court adjourns the hearing, the creditor has to send a notice of the adjournment to the debtor but the Rule (6.29) does not specify that service of the adjournment order must be verified by affidavit. There is an assumption that the debtor must be present at the first hearing of the petition, since if he is not present, the court would normally make the bankruptcy order. Any notice of adjournment is therefore confirmation of what he should already know. As to the Boggiss case, I've drawn a blank. Never heard of it and nor have some of my old friends in Bloomsbury. If you can post anything about what is happening without revealing too much, I'll try to help. Doc
  16. 1 point
    Hi Well the Court as looked at the amount of the claim and therefore allocated you to fast track its at their discretion and you are corrct to be wairy re costs.However the flip side is as I have advised far better disclosure to enable you to prove your case.if you are adamant and I cant recall all the details of your case as Paul has been assisiting you the Claimant can only claim the true amount in the summons at the the time of the breach an is not allowed to add the interest as per your defence submission.You could call Court and explain your concerns to why this should be SCT and request the N149 and that you wish the case to be allocated to same. I trust the above is of help Regards Andy;)
  17. 1 point
    I refer to GaryH's very useful thread I'm filing it at the court on Monday. Obviously nothing is certain but I'm not sure how they could possibly be successful. Hopefully there will be a hearing and I get the chance to hammer them for costs!! I'll post as soon as I know the outcome. Feel free to use any of the letters/application, but only if they are approprite to your circumstances. Seek further advice if in any doubt!
  18. 1 point
    No worries ODC and thanks for letting me know that I'd be wasting my time answering any queries you might pose. Any one else reading this might want to think twice about determining the level of expertise a man may have simply by reference to the number of days he has been a member of this forum. X20
  19. 1 point
    Excellent - mortgage company being agreeable? - that's good news
  20. 1 point
    Martin is perfectly correct, no bank ever settled happily and without trying to discourage claimants in the first instance. They tried every tactic under the sun to make people go away or settle for less than they were due. Anybody who thinks otherwise is obviously not as clued up as they think. As regards the Limitation Act, there is no harm in adding these to the claim, and if VM settles out of court, all good, if VM were to go to court, then the judge can deal with those separately (2 different arguments deriving from one - a) lawfulness of the charges THEN b) statute-barred or not). The only issue arises if VM settles before court but digs their heels in about the 6 yrs+ charges, in which case one has to decide whether to go to court on those charges alone. As for CPR 27.14, it is highly unlikely a judge would award costs based on an action which is based on law, may or may not have a valid argument (no precedent set as of yet) and which the claimant brought out on good faith. If that were the case, no-one would dare bring out a case ever in case they get landed with costs, and the beauty of the Small Claims system is that it is designed precisely to protect the litigant in person from exorbitant costs when they bring actions against big corporations. What you refer to is CPR 27.14 (2) (g) which is the exception to CPR 27.14 (2): As for your mate, if he only got advice from forums without doing his homework and finding things for himself as well, then he deserved everything coming to him, frankly.
  21. 1 point
    SUCCESS !!!!!!!!!!!!!!!!!! LLoyds/Martin O Johnson have paid in full..... including compound interest going back to 1995 As usual banks will do almost anything to avoid going to court this time the next hearing was to consider limitation Historic terms and conditions seems to do the trick
  22. 1 point
    Brilliant! Another great Fuzzyism for the collection!
  23. 1 point
    Jai, Unfortunately I have several businesses to run, physiotherapy & exercises and a lot of other things on. I have had an extremely busy day and a half. With the credit crunch hitting hard, I am feeling the pinch and need to work harder. I will do my best to post some time tomorrow, but if somebody else has the time sooner, I won't be complaining. I would much rather not having any worries and being able to sit assisting people on forums all day every day, but unfortunately I can't. If you haven't already, it would be appreciated if you clicked on the scales and leave me positive feedback in the bottom left hand corner of the side box of my post - the box with my username and details. Sorry, legal
  24. 1 point
    You know i SWEAR i feel so much better just being on this forum, my family are supporting me but they just don't understand how difficult i am finding this whole thing. They keep saying ignore them and they will go away but they haven't and i don't think they will until something 'official' is in place. Thank you all so much. I now need to buy a load of stamps and get all this started. request CCA and respond to telephone harrassment!
  25. 1 point
    Hi laddie, Just a word of advice if I may - if you go and see the Bank Manager only take a copy of the agreement with you - that way you'll have the original safe to produce in court if need be. I would also take a notebook and write down any points that are discussed along with the outcome. That will also come in handy for production to FOS ,FSA, etc......... If I'm preaching to the converted then my apologies, laddie Best of luck Let us know how you get on, if you will........ johnny
  26. 1 point
    Why anyone would want to put slap on this........ Is beyond me!! :grin:
  27. 1 point
    Send this to the bank.... Passing debt whilst in dispute Dear Sir/Madam, Thank you for the above referenced letter,although I am totally bemused as to why I have received it. The author of the letter seems to have taken no notice of the present state of the account as it stands,for the following reasons :- 1) In August of last year,in the High Court in Leeds,YOU applied for and were granted, a ‘stay’, to claims for ‘penalty charges ‘on this account for a sum in excess of £xxxx,way above the present outstanding balance.Part of the High Court Order states that NO ENFORCEMENT ACTION IS TO BE TAKEN BY THE BANK TO RECOVER any supposed charges made by them ,until the OFT Test Case has been resolved.AND in addition should any action be taken by the Bank,then the ‘stay’will be lifted,and no doubt ,judgement would be awarded in my favour.. 2) I am sure that (bank name) conform to The Banking Code,and as such I will draw your attention to s13.6, reference information you may NOT pass on,IF an account is in dispute.The High Court Order I would suggest is reasonable evidence to assume that this account is in dispute. 3) I am also sure that (bank name) are fully au fait with the, Office of Fair Tradings code for Debt Collection Guidance,and I draw your attention to the latest information from their publication,July 2003(updated December 2006);- The following are deemed to be at the very least UNFAIR practices. a) Section 2,2 b,Leaving out or presenting information ,in such a way that it creates a false or misleading impression .or exploits debtors’ lack of knowledge. HOW you could miss the ‘stay’on the account is beyond me. b)Psychological harassment,as described in Section 2.6 g,making threatening statements or gestures ,or taking actions suggesting harm. Your last paragraph of your letter threatening collection agencies etc. c) Section 2.6 h,Ignoring or disregarding claims ,that debts are settled or disputed ,and continuing to make unjustified demands for payment. d) Section 2.6 I,Disclosing or threatening to disclose,debt details to third parties ,unless legally entitled to do so. e) Section 2.6 k,Not ceasing collection activity whilst investigating a reasonably queried or disputed debt I can only assume that based on the above,that this letter must have been sent in error,as I am certain you would not wish it to be seen as VEXATIOUS. Your letter has obviously caused me a great deal of unnecessary concern,and worry,resulting in me having to take third party advice,undergo law and internet research,and take time out from my employment,as well as postage costs,to reply to your letter.As you are a Bank,and regularly make charges to customers,I have taken the liberty of charging you the sum of £35,which I will add to my costs against yourselves. I further feel,that as a show of good faith by the Bank,that any further fees and/or interest should be frozen,pending the outcome of the OFT Test Case. I would also point out that I intend to maintain my legal rights,and if necassary, 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.including Leeds High Court. I trust you will give this due diligence,and look forward to your reply within the next 14 days. Yours faithfully Send this to the Debt Collection Agency.... 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
  28. 1 point
    This should help you....I presume your case is with regards to a CCJ ?? In the xxxxxxxx County Court Claim number Between xxxxxxxxxxx- Claimant and you - Defendant Defence 1) Except where otherwise mentioned in this defence I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof pursuant to Civil Procedure Rules (“CPR”) Part 16.5. 2) The claimant’s statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters; a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the accounts referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim. b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form as laid out in Practice Direction 16. Paragraph 7.3. c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form. The Credit Agreement 4) On the xx/xx/2007 I wrote to the Claimant requesting a true copy of the executed credit agreement pursuant to section 77(1) of the Consumer Credit Act 1974 (“CCA”). The claimant upon receipt of such request has a duty to supply the documentation within 12 working days as prescribed by Statutory Instrument 1983/1569 Regulation 2. 5) For clarity, s77(1) CCA states:- 77. Duty to give information to debtor under fixed-sum credit agreement. — (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the total sum paid under the agreement by the debtor; (b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and © the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. 6) S77(4) of the CCA sets out the consequences of failure to comply with such a request and states:- (4) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. 7) XXX have made no reply to this request. Therefore it is averred that XXX has failed to discharge their obligations under s77(1) of the CCA and as a result has no right of action, by way of s77(4) of the CCA, to enforce this agreement while their non compliance continues. Enforcement of the Agreement 9) For a credit agreement to be enforceable it must contain all of the prescribed terms as laid out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) 10) The courts attention is drawn to the fact that where an agreement does not have the prescribed terms required by the CCA then it is not compliant with section 60(1) CCA and therefore not enforceable by s127 (3). The court’s attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced 11) With regards to the Authority cited in point 9, I refer to LORD NICHOLLS OF BIRKENHEAD in the House of Lords Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) paragraph 29 ” The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.” Failure to disclose documents relied upon in the Particulars of Claim 12) Further to the case, on xx/xx/xx I requested the disclosure of information from the Claimant’s solicitors which is vital to my defence in this case pursuant to CPR Part 18. The information requested amounted to copies of the Credit Agreement and Default Notice referred to in the particulars of claim and a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on. 13) To Date the claimant has ignored my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person. 14) The claimant is therefore put to strict proof that a document which is legible and Compliant with the Consumer Credit Act 1974 and subsequent Regulations made under the Act exists Default Notice 15) In my request for disclosure under CPR Part 18 I requested that the Claimant disclose a copy of the Default Notice that is referred to in the Particulars of Claim. They have failed to respond to this request. 16) It is neither admitted nor denied that any Default Notice in the prescribed format as cited in the Particulars of Claim and as required by s87(1) CCA was ever received. I put the Claimant to strict proof that said document in the prescribed format was delivered to me. 17) Without prejudice to the above, I put the Claimant to strict proof that any Default Notice sent was valid. To be valid, a Default Notice is required to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. 1:cool: For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under s87(1) CCA, which states:- S87(1)Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,- (a) to terminate the agreement, or (b) to demand earlier payment of any sum, or © to recover possession of any goods or land, or (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or (e)to enforce any security 19) I note the opening part of section 88(1) CCA, which states:- 88. Contents and effect of default notice. - (1) The default notice must be in the prescribed form....... The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a de minimus issue. 20) The prescribed format for this document is given by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, as amended, in particular schedule 2(2) points 1-11 which set out the statutory form that a Default Notice must follow for it to comply with s87(1) CCA. 21) I note that the regulations do not allow any variation in the form of the Default Notice and therefore it is averred that where the Default Notice is not as laid down in the regulations it is invalid and that termination or further enforcement action cannot take place until such time as a valid notice is served. 22) In the case of Woodchester v Swayne & Co [1998] EWCA Civ 1209 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid. I quote the comments of Kennedy LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals. When contracting with a large financial organisation they are at a disadvantage… If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take…"the next step" “ “That, as it seems to me, is the scheme of the legislation. It would be frustrated if the notice could claim that in order to put matters right the hirer must pay a sum far in excess of the amount in fact owing and yet constitute a valid notice. … he may not at first appreciate that the large sum set out in the notice is inaccurately calculated and plain wrong. It may be, perhaps because of earlier defaults on his part or the incidence of interest, not at all easy to calculate what in fact is owing and the hirer may, thus, be misled into believing that the sum set out in the notice is right.” 23) As a result, I submit that, unless the Default Notice is accurate with regard to the amount that was lawfully owing to the Claimant, then it is not valid and that termination or further enforcement action cannot be taken until such time as a valid notice is served. Conclusion 24) The claimant has failed to supply any supporting documents with the claim form and has ignored my request for information under the CPR. 25) Furthermore, without full disclosure I am unable to prepare a defence to the documents which the claimant will be seeking to rely upon, nor can I reasonably consider what case I have to answer. 26) In view of the matters pleaded above, I respectfully request that the court dismisses this vexatious and unlawful claim or sets aside. 27) Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in paragraph 11 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly. 2:cool: In addition it is drawn to the courts attention that schedule 3, s11 of the Consumer Credit Act 2006 prevents s15 repealing s127 (3) of the 1974 Act for agreements made before s15 came into effect since the agreement is alleged to have commenced in xx/xx/xxx the Consumer Credit Act 1974 is the relevant act in this case. It must also be noted that. 2) MBNA Abbey claim to conform The Banking Code,and as such I will draw your attention to s13.6, reference information you may NOT pass on,IF an account is in dispute. 3) I am also sure that (MBNA)Abbey are fully au fait with the, Office of Fair Tradings code for Debt Collection Guidance,and I draw your attention to the latest information from their publication,July 2003(updated December 2006);- The following are deemed to be at the very least UNFAIR practices. a) Section 2,2 b,Leaving out or presenting information ,in such a way that it creates a false or misleading impression .or exploits debtors’ lack of knowledge. b)Psychological harassment,as described in Section 2.6 g,making threatening statements or gestures ,or taking actions suggesting harm. Your last paragraph of your letter threatening collection agencies etc. c) Section 2.6 h,Ignoring or disregarding claims ,that debts are settled or disputed ,and continuing to make unjustified demands for payment. d) Section 2.6 I,Disclosing or threatening to disclose,debt details to third parties ,unless legally entitled to do so. e) Section 2.6 k,Not ceasing collection activity whilst investigating a reasonably queried or disputed debt I can only assume that based on the above,that this letter must have been sent in error,as I am certain you would not wish it to be seen as VEXATIOUS and UNLAWFUL Statement of Truth I, believe the above statement to be true and factual
  29. 1 point
    Here's the letter I drafter for you (I suggest making a cuppa before you start reading!)
  30. 1 point
    hiya Kia me thinks it is a court bundle have a look at the link, im sure pt or uk will be along Basic Court Bundle GOT A COURT DATE? Important, please read...... Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary
  31. 1 point
    Letter two, to Connaughts. Dated 07/08/2008 Connaught Collections UK Ltd Purley Way Croydon Dear Sirs, Re. Overdone. Your Ref xxxxxxxx This service is in receipt of a complaint raised by Overdone regarding demands for payments in respect of a debt he does not owe. He requested a copy of the agreement in question and to date has not received it. Please be advised that as the complainant denies knowledge of this debt, and 1st Credit have been unable to provide evidence to the contrary, this debt is now in dispute and as such, I would request that you halt action until the facts have been established. Please be advised that The Office of Fair Trading's code of conduct in respect of debt collection stipulates that debt collectors should not continue to make demands for payment where a debt is in dispute. In addition, I note that the text of your letter implies an admission by the complainant as to his liability, despite no admission having taken place. I would thus be grateful if you could acknowledge this letter as a formal notification that this debt is in dispute and all action should cease until the matter has been clarified. Failure to do so could lead to your conduct being reported to the OFT and your fitness to hold a consumer credit licence would come into question. yours sincerely, Ms, xxxxxxxxxxx Overdone Local Trading Standards
  32. 1 point
    There is a certain sub prime company based near me who has made 300 people redundant with no chance of anyone finding decent jobs in their own sector. Won't mention the name on here but it is a UK based one. I foretold this at the beginning of the year. Good luck Tawnyowl, once all the pressure is off you won't believe how well you feel - I've been through it and now nearly two years down the line they have sent two letters, both told 'come up with breakdown of shortfall' and gone away. They can send annual letters and they will be ignored. Biggest worry now is they might try to get their grubby mits on any pension lump sum I might have due to me. Keep your chin up against these twats, at least they aren't taking on additional business at the moment either - it seems everyone in that sub prime market has stopped taking in customers and are hastening to dump their existing ones to show "Not us, Gordon Brown, some other company perhaps....."
  33. 1 point
    This is why we need to look out for new members who are posting for the first time. When you post needing information/advice, you're scared and worried and check every few mins hoping somone will put your mind at ease by replying. Even if you can't help. Post some words of support and send a link to the thread to a Mod or someone you know can help. Everyone who posts on CAG is someone we can save from the DCA's. Someone who may know someone else who we can also help. Spend 5 mins a day helping people on here, and over a year just a few people can make a huge difference to this country, and help get rid of the ones that likes to rip off the very people the whole country depends on.
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