I will pay half in you can find the other half.

I’ve posted details of this up earlier tonight, but believe it needs a dedicated thread. Since 6 April 2008, If (a) terms of an agreement are not in the prescribed format under the Consumer Credit Act 1976; or (b) a DCA or OC has acted unreasonably in exercising or enforcing its rights under any alleged agreement (the test here is the CSA’s Code of Conduct or the actual Directive: Consumer Protection from Unfair Trading Regulations 2008 (CPUTR)); or © the DCA/OC has failed to provide key information (CCA/SAR request) in a clear and timely manner (or at all), or to disclose material facts. (This would also encom

Oh yes but thats a major ground for having it set aside

I am actually in exactly the same situation over a 10K loan. I would send the CCA requests to whoever he is actually paying rather than the original creditors. Include a line in the letter to the effect that information has recently come in to your possession that the debts may not be yours. One word of warning though, if the ex did sign on his behalf, she may have committed a criminal offence and the consequences to her could be severe. I haven't actually pursued this aspect (luckily I didn't need to as the agreement wasn't enforceable anyway) because of the possible consequences.

Sorry just my sense of humour. Yes I know who you meant. Very sad. But would he have got through without the sympathy vote???

Yes quite true Tills.

right first thing you have to do is get the 28 days acknoweldgement that is part of the claim form. Send it special delivery to the court. Next you need to send a CPR request to the claimants address on the claim form. Alter the one below to suit In the Northampton County Court xxxxx V xxxxx Claim Number: xxxxx Dear Sir REQUEST FOR INFORMATION UNDER PART 18 CPR I have received a recent court claim from your organisation. Your particulars of claim are very vague and in addition you do not disclose the contract upon which this claim is being based. In order to file a defence and any counter clai

Oh dear, another easy win for CAG You may want to use something like this for your defence. Remember, when they pull the case to go for a wasted costs order. In the Northampton County Court (CCBC) Claim number Between - Claimant And - Defendant Defence 1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx 2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accord

Here's the best poo I can find. This one is going to Moorcroft as a valentines card.... And the best poo of all..... My toy Mr hankey from Southpark :grin: I'm sure to get Cagbotted for this, but I don't give a S*** lol

3 threads merged please dont start multiple threads on the same thing it leads to confusion if you 'lose' your thread click on quick links and select subscribed threads ....... you will find your thread there saint

I know the DCA's would like us to be hanged ideally...but i dont think they will get their way with that one somehow

OH this thread has really cheered me up this morning...as usual FB you are on top form. Ive not been sleeping for the last couple of days and really nervous as my hearing is tomorrow at 2pm. Ive got all my documents prepared and all my arguments ready (not sure if I will be thinking straight by the time I have to refer to them) and rationally I know that I have right on my side so I shouldnt be so worried. Ive found out that the debt they are chasing is statute barred and I have all my proof and copies of the SD, threatening letters, proof of postage and reciept etc so I should be able to convince the judge that they are in the

IMO, DCA's know that they scare us - even those of us who think we've got it all under control. My best advice would be to read and re-read threads and get yourself familiarised with everything. On Friday I received a call back from Trading Standards regarding an email I'd cc'd them into - the guy complimented me on my knowledge of the CCA, telling me he didn't think I needed any advice from him I had it all sussed out! He simply advised me to now contact FOS and to let the OFT know, stating to both that TS had recommended I do this. Wow! They also know about this and other sites and know it's the same names that keep cropping

This thread may also be of interest to those having SD problems - it doesn't seem to be well known, but you should be able to contact the person named on the SD - if you can't, that may well be grounds for set-aside (may also be useful to point out to TS): http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158317-statutory-demands.html

Hi, JGJ. This should help you. http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html Regards. Scott.

Hi Alex I have just had my harship case reviewed by Abbey and received an offer of 65% of the sum claimed on Friday and the money will be in my bank by mid-next week. My case as you will see has been ongoing since April 2007 and was stayed by the courts. They took approx 3 weeks to come to a decision.I had also previously sent details of my Hardship to the FOS which was a complete waste of time. But under the new waiver rules all banks as far as I can see are now certainly looking to help people in Financial Hardship. My thread is here:- http://www.consumeractiongroup.co.uk/forum/abbey-bank/65003-ds-abbey-bank.html I am pr

Servers do go down occasionally. It shows how many of us keep trying to get in by how many online now. Come on who made the most attempts?

lol makes a change

If the server "goes down" does that mean that it's overloaded because of so many people posting then? Or does it mean Webby's fixing something? Or does it mean Webby's....... erm, no I'll be good this morning seeing as though I'm sober

In my area the council offer a deposit guarentee scheme. I am not sure if that means they pay or, if it is needed when you move they will pay. I assumed this was the norm all over olives xx

Unfair terms in Consumer Contracts Regulations 1999 Regulation 5(5) (i) irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract; (o) obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his; As you have not received your copy of the contract yet, I would suggest that the above applies and should be quoted to them.

It seems that Worst Cretins make a habit of this sort if thing. This is from a recent letter I sent them: Two months later, they have not replied, and their client seems unable to explain either.

MARTIN Do you fancy starting one for Conaghts/1st Credit as these need dealing with as well Yes I know about these.I think we could use much of the templated stuff thats been created for here-with soma adaptions and additional info thats suitable. Leave it with me I will discuss with team.

I am disappointed that after so long, the debtate in relation to the assignment of rights and duties continues.. Initially, I would like to take this opportunity to correct a common misunderstanding. Contrary to the above posts (sorry to pick on your posts Angry Cat) The Consumer Credit Act 1974/2006 does not override section 136 of the Law of Property Act 1925. Section 136 of The Law of Property Act 1925 actually outlines the requirements to achieve an absolute assignment. This in turn confirms the name in which legal action can be instigated. This can actually be helpful to establish if a DCA is p

From the advice I received on this site, do the following to each creditor: there are standard letter templates on here and the letters I sent are: 1) to stop DCA or banks or credit cards phoning or turning up on doorstep you need the following which yousend to the debt chaser: Dear Sir/Madam Your Ref: put you account number here Following a number of calls from your company relating to an alleged debt, I now write to inform you that I require all communications in writing. Please do not telephone me again and remove any telephone numbers you hold for me from your systems. Your telephone calls are in breach of

I do not acknowledge any debt to your company Dear Sir, Re:− FORMAL NOTICE - ACCOUNT IN DISPUTE. On the (enter date) I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act. To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apa

Thank you Martin for bringing this to the attention of CAG members. I too have suffered at the hands of both CapQuest and HL Legal.. so another letter is on its way to Winchester.

Looking forward to an update from you Tills. You can do this

Hi Tills, just popping to offer support for tomorrow - as SSL says, walk out with your head held high, you have so much to be proud of - your strength throughout all this has been incredible and I take my hat off to you. I'm sure you will soon be able to make another home for yourself and your daughter that will be a happy one:) Stay strong hun, nearly there...... Ellx

The burden of proof that the alleged debt is not Statute Barred rests with Worst Credit. Send them this Dear Cretins, I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes any previous requests. The information must be furnished by the **DATE**, which gives you TEN days to provide what has been requested. If

XIWOW, you would be better startting your own thread, that way answers wont get mixed up. A blank agreement is not a valid response to your request, they know that, they just hope you dont.. try sending this but amend to suit, Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. I would now request you send me your official complaints procedure within 14 days. On **DATE** I made a formal request for a true si