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  1. Hi Doc Yes it is the standard four week investigation letter. I have received one myself from BISL and will be very reasonable and allow them the four weeks ... and no longer. I have written to tell them that as a large organisation I feel that four weeks is more than ample time to refer back to the FSA regulations and the Banking Code of Practice etc etc, in order to refresh their minds as to whether they have treated me fairly etc etc ... After this time, if I have not received a satisfactory response, they will be receiving a rocket from me ... will M&S be getting one too from you?
  2. I'm just awaiting the day a DCA calls you Cymru and you speak in Welsh !!!
  3. OK Magda, Here's a CPR 31.14 letter modified for use in relation to a DN mentioned in a Reply. Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request I am in receipt of your Reply dated (date). Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each default notice delivered to each of the Defendants and mentioned in your Reply. You must comply with this request notwithstanding the case has been allocated to the small claims track since the default notice is an integral feature of both your case and mine. You must ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Since I maintain I have not received a default notice, your CPR 31 duties extend to making a reasonable and proportionate search for the original default notices, the better for you to be able to verify your case and mine and the authenticity of the notices. Further, if you possess only a copy of the default notice, the original of which is now in the possession of a non-party, you will have a right to possession of that original and you must take immediate steps to recover and preserve it for the purpose of this case. Where there is in your possession more than one version of either of the default notices owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request or fail to request more time, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I look forward to hearing from you. yours faithfully Try that. x20
  4. Your best bet is to do a S.A.R. request to both companies. Have a look at this post/thread. all should be a little clearer. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/129626-mrs-sharpman-littlewoods-3.html#post1694400 Data Protection Act documentation - ICO http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=3662&d=1220540586 hope this helps Sharpman.
  5. I can’t see a signature of the creditor or a place on the agreement where one would go which makes it improperly executed and therefore unenforceable. The t&c’s and prescribed terms may be relevant if the original document is two sided but if it’s two separate sheets then nothing ties one sheet to the other.
  6. Hi, What is a disciplinary procedure? A disciplinary procedure is sometimes the best way for your employer to tell you when something is wrong. It allows them to explain clearly what improvement is needed and should give you an opportunity to put your side of the situation. Your employer must put their disciplinary procedure in writing, and make it easily available to you (for example, by giving details in the staff handbook). It should include the rules, what performance and behaviour might lead to disciplinary action, and what action your employer might take. By law, there are certain minimum steps that must be included in a disciplinary procedure - these are known as the 'statutory minimum procedures'. If your employer dismisses you without following this process, then if you make an unfair dismissal claim, the dismissal will normally be 'automatically unfair'. You normally need at least a year's service before you can make an unfair dismissal claim. On top of the statutory minimum procedures, there are other steps that an employer would be expected to take in order to be reasonable. The Advisory, Conciliation and Arbitration Service (Acas) and Labour Relations Agency (LRA, Northern Ireland) produce a code of practice on disciplinary procedures. You can't take your employer to an Employment Tribunal (Industrial Tribunal In Northern Ireland) just because they haven't followed the code but if you make an unfair dismissal claim the code can be taken into account. During a disciplinary procedure, if your employer does anything that seems unreasonable you should tell them (in writing) and suggest ways to solve the problem. They may decide to carry on the procedure anyway, in which case you might decide to use the issue as grounds for an appeal. If you face disciplinary action, and aren't sure what to do, you can always get advice about your rights. Acas and your local Citizens Advice Bureau (CAB) provide free and unbiased advice, and you may be able to get help from a union if you're a member. Where to get help The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday. Acas Opens new window The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday. Labour Relations Agency Opens new window Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online. If you are a member of a trade union, you can get help, support and advice from them.
  7. sorry but this looks enforcable. It has the t+cs and prescribed terms from what i can see. Maybe someone with more knowledge can comment as well.
  8. In addition to the link above, this will also be useful for your daughter: Your rights if your employer is insolvent : Directgov - Employment
  9. Redundancy Arrangements - BERR Hope this helps!
  10. Do not offer any more than you can reasonably afford. The worst thing that could happen is you agree to the £200 then can't make the payment - you will immediately be labelled as unreliable and they'll be even less likely to agree something in the future. Write back to them with another copy of your budget and stick to your guns. I think there's a letter in the templates section if you need help.
  11. Hi, I am too new on here to offer any advice, however I do know no-one will judge you for what has happened. Dont panic and I am sure someone more knowledgable will be along very soon to help !
  12. Hello Basically it means that the agreement that state the ppi is as such You loan say £20,000 over Ten years. PPi costs £4.800 The then add them together and charge interest on the both over ten years at their interest rate. So you find that they added £4,095 in interest alone for the ppi. So infact the ppi cost you over £9,000 for the privilige. There is lots of useful information relating as to what is require to make an agreement properly excuted and enforceable under the cca. Have a look at the thread agreement enforcebility from page five onwards:grin:
  13. Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX ACCOUNT IN DISPUTE 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/DCA** and has been since DATE 2008. 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 **original/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/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 Also be advised that I will only communicate with you in writing. 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. 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
  14. They have 12 days to comply plus one day's post at each end. The 12 days is 12 business days.
  15. Hello rnp1966 Welcome to CAG. Glad you seem to be getting around the site ok. I have left some more links to help you. Thanks for the Donation. . . Ukaviator
  16. The use of the word 'client' says it all. They are just collecting on behalf of their client, the creditor. There is nothing in what you have said which expressly indicates a new creditor has been substituted for a former one. x20
  17. Get two CCAs off to these clowns as soon as possible. They should if they produce CCA agreements also produce an up to date Statement of the account
  18. A broker is someone who tries to find you a suitable mortgage by searching mortgages from a range of banks/building societies. This is different from going direct to a mortgage company. If I were you, register at a big estate agent who has their a broker in-house, then get to talk to them. Ask them all the questions and carefully read all the leaflets they give you. Note that you should not necessarily use the first broker you talk to (or use a broker at all). You should fully expect the broker to tell the estate agent where they work about your financial position (even though it's illegal). So if you make an offer on a house, don't use the broker in the same estate agent.
  19. Joh Do. As my learned colleagu 42 Man has said this is not the end of the world. Get the Statute Barred Letter of to the DCA today. Send by Recorded Delivery. Have a good read of the threads he listed and come back and we will all give you help on applying for this SD to be Set Aside. The main reason that it was probably sent to you was to scare you into contacting them and allowing them to bully you into a payment. Remember your family are more important than the people. If you are not happy naming and shaming the DCA involved then I suggest you do a search here for them. You will firnd out what sort of people they are. Most of them by old and UNENFORCEABLE debts for pennies in the pound and then seek to make huge profits out of others misfortunes.
  20. This is also explicitly against the OFT Debt Collection Guidance, so they need to brought in on this as well. In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains: a. we accept legally the debt exists b. it is the methods by which the debt is collected that can be unfair as follows: • it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period • if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt • it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and • continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970. You should also complain to both your local Trading Standards and the one in the cowboys' area. SH
  21. Breaking news!!!! :D In a remarkable twist, i have just recieved this email from the vultures: Dear Mr ***** (Mr Smith), We can confirm that the telephone number 07927 ****** has been removed from our system with immediate effect. Regards Philips Collection Services 1 - 0 to me i think!!! C
  22. I work for the group that owns Advantage loans. As with all loan brokers they will refund anyone who requests a refund if they are unhappy with the loan that they are offered. Simply get in touch with their customer services dept.
  23. No. The action is incompetent. An English court (and consequently the appropriate English statute) does not have jurisdiction. The SD should have been issued under the Bankruptcy (Scotland) Act 1985 section (7)(1)(d) and would be Form 1 and you would just fill in the denial slip to get it set aside. Never ignore an SD, even if it is incompetent. I would simply enter the following to get it set aside (from The Govan Law Centre website).
  24. Hi Chinneygirl, First of all i have the same problem with Egg and i have been dealing with a director and received a letter in the post today and in the letter is an amount that Egg are willing to pay me back. Which includes unpaid direct debit fees, Card protection Plan (CPP) and Card Repayment Protection (CRP). Egg have basically agreed to pay these charges back in full. The people I am dealing with and i would recomend everyone else to deal with are as follows. Kathy Curzon 08007 834 393 ext 6157 Wendy Schratz - [email protected] ; [email protected] Dont let them fob you off, I even had to file this in county court which cost me £25.00, I then emailed Wendy and told her that i had registered it with the court and hope that Egg pay in full as if it ends up at court it would only incure more money for Egg to pay out.
  25. You could write back and say:- Dear Sir or madam, A/c no blah blah I am confused by the comments in your letter of blah. 1) I have received no Notice of Assignment in relation to the alleged debt. 2) I would not expect to receive a NoA, as the a/c is in dispute. 3) You have yet to provide with with an enforceable Credit Agreement in response to my request. I would appreciate your early response and, in the meantime, please ensure I receive no phone calls about this matter. All contact must be in writing. Yours faithfully,
  26. Dave some good advice above.....send Havingastellas letter by recorded delivery (and don't hand sign it)....as for debt evasion, this is utter rubbish...the only way debt evasion will ever figure is if you have been convicted for fraud and, for example, you have faked your death, or changed your name by deed poll.....They will lie to frighten you into paying....
  27. Hi Dave, the threat Monkey is talking absolute Bowlarks. Unless they have obtained a CCJ against you at the old address then the account is Stat Barred. Even if they have obtained a CCJ at the old address they would have to show exceptional circumstances to reopen the account for collection. If they write to you send them letter 'M' from here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html If they continue to call you, send them this Harassment by telephone - Consumer Wiki Hope this helps Jogs
  28. visit the vodafone.co.uk e-forum where one of the advisors will look into your query. Do not withold payment as this will have a negative affect on your credit file.
  29. Hi Tiggsy Baby:eek: Think it was under CPUTR (or similar) legislation in April. I would keep the pot boiling & whizz a letter off this week. Tc
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