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Popular Content

Showing content with the highest reputation on 17/11/08 in all areas

  1. 1 point
    Hi Flagger, try this link, should help. http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/58685-do-you-need-parachute.html If it is helpful, please click on the small scales on the left and leave a short comment. Thank you
  2. 1 point
    NATIONWIDE DEBT RECOVERY LIMITED information filed as at Monday 17th November 2008. Registered number 01778238 NATIONWIDE DEBT RECOVERY LIMITED FIRST FLOOR, SKYWAYS HOUSE SPEKE ROAD SPEKE LIVERPOOL L70 1AB Company No. 01778238 or NATIONWIDE DEBT RECOVERY LIMITED PO BOX 55 LIVERPOOL L2 2ST Tel: 0844 811 5507 Office Hours: Mon-Fri: 8am - 9pm Sat: 8.30am - 4.30pm Hope this helps
  3. 1 point
    Keep us posted....I have also sent you a Private Message regarding your name too !!!
  4. 1 point
    But when the day comes to "fuzzybobble" a DCA when they call. That first time makes you realise finally who is in control. Seen a lot on here recently who have proudly posted transcripts of the calls and how they easily took control of the call. People who were a few months ago scared to death, and now realise the DCA's have no real powers, apart from relying on people's ignorance of their rights and the law. The DCA's are scared of us. That's why they spy on us. We spy on them to expose their dodgy practices and do everything we can to expose it and make it public knowledge. Slowly, we're winning that battle, and they know it. They resort to dirty tricks to try and get one over on us. But the more who discover this site, and ones like it, the more the people will hold the power over them and force them to change by sheer numbers. By sticking together and passing on the knowledge, there is no way we can lose. It takes time, that is all.
  5. 1 point
    Posted at 15:54... and still here. And it's not the first time you've made these sort of remarks about this site. As said by a previous poster, if you are getting 'better' responses elsewhere (for that I take it posters on another site are egging you on to 'go for it'), why don't you leave? You'll then free up the space, time and internet for people who want to post questions and genuinely listen to the responses?
  6. 1 point
    Hi, Jacahani. Who's your insurance with? Did you get through a broker or are you talking to the insurers direct? You need to clarify with them what they mean by "re insurer". It may be that your original insco was taken over/merged/bought by another one, and then new policies get written, and when one of the "older" policies kicks in, they have to go find out what terms these do or don't cover. Regardless of the above, it is not acceptable that you should still be waiting for a response, so you need to take a firmer stance by now (easier said than done in your condition, I know). Something on the lines of "I put in a claim on X date, it has been X weeks and you have failed to let me know the outcome, please let me have a response/update within 7 days"... If you need any help in writing the letters or working out the terms of your policy, just holler. And all the best.
  7. 1 point
    PS to my previous post I am pretty certain you are not required by law to answer those questions pre trial if it weakens your case. I asked similar questions of the RBS in my case against them and the judge agreed at allocation hearing the RBS did not have to answer them as it would have left them without any defence whatsoever, I've never understood that but thats the way it is. sparkie
  8. 1 point
    Here we go again with the MBNA merrygoround. Straight in with both feet - no questions asked, no attempt to come to a mutual agreement, no compassion and no regard for your problems. Contrast that with your attempt to do the honourable and correct thing. A virtual pint says it will also end with no enforceable CCA and no money for MBNA (the man's a poet and dosn't know it). They just never learn. Good luck and remember the golden rule: NEVER speak to them. Regards. Fred
  9. 1 point
    They're clever people, Clairvoyants in fact to know where you would be living in the future....spooky:eek:
  10. 1 point
    Hi, CB, yes, it is really good news. My husband and I were saying, they have had the debt for a number of years now, so strange the OC suddenly wants to buy it back out of the blue:rolleyes:, but we are just happy the court case won't be proceeding anyway. Best wishes, Magda I think it should still be fine to send a CPR 31.14, as my claims were even further along and in fact the claim that has been discontinued (still waiting to hear back on the other one) had a date set for the hearing, and the AQ stage was way back in June. You will probably just need to adapt the letter slightly so that it makes sense in your particular case. Surfaceagent has done us all a huge favour with this thread that's for sure. Magda
  11. 1 point
    I would write basically stating that you have an agreed payment plan which is paid by standing order to Equidebt, and you have received no notice of assignment stating that they have passed the debt on ? and until you receive any notification, you will continue to pay Equidebt. Also state that if they are threatening court action you will immediately apply for a set aside and request a full portfolio of paperwork including defaults, agreements, statements for the duration of the account and notices of assignment under the Civil Procedure Rules.
  12. 1 point
    Just for you, CB Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)
  13. 1 point
    Hi again Ok firstly is the claim from CCBC (Northampton)? Secondly you need to send the following to the Claimants Sols requesting information Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On (date) I received the Claim Form in this case issued by you out of the (Name) County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. [Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] 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 of the following / the] document(s) mentioned in your Particulars of Claim: 1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the default notice* 3 the termination notice* 4 [any other documents mentioned in the Particulars of Claim]* * delete if not mentioned in the Particulars of claim. You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document 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 of it 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. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. 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, fail to request more time or fail to agree to an extension of time for the filing of my defence, 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 do hope this will not be necessary and look forward to hearing from you. yours faithfully Send spl delivery retain proof print name Thirdly I would request a copy of both agreements seperatly to the above CPR via a CCA sec 77 request.See templates library and enclose a £1.00 PO x2 and again spl delivery retain proof Letter N from memory.You will have to do this seperatly for both accounts. Just confirm which Court and post if you are unsure. Regards Andy
  14. 1 point
    County Court and High Court are separate courts. There is a network of County Courts up and down the country and there is also a smaller network of District Registries of the High Court up and down the country as well. For example, King's Lynn has a County Court and a District Registry of the High Court (it even has Admiralty jurisdiction as befits a former Hanseatic port). County Court hearings and trials are dealt with locally by the District Judge and the Circuit Judge and preliminary hearings in High Court matters are dealt with locally as well. A trial in a High Court matter issued out of or transferred to King's Lynn District Registry would, however, be heard in Norwich (which is the trial centre for King's Lynn) by a High Court judge or a Circuit Judge sitting as a Deputy Judge of the High Court. Rankine was a High Court case heard in Birmingham before a Circuit Judge sitting as a Deputy Judge. In terms of the doctrine of precedent, it counts as a High Court judgment, which comes below Court of Appeal and House of Lords judgments. Strictly speaking, the fact that it was delivered by a Deputy Judge is irrelevant.
  15. 1 point
    Just had one phone for my girlfriend, called Collect Direct. When they told me who they were I told them I was legally obliged to tell them that I was recording the telephone conversation and that the recorder was also linked up to a legal bull crap detector and if it beeped I would be forced to have to report them to OFT. Hence some confusion on the end of the phone where they then told me that it was illegal for me to record their phone calls. "Beep, beep, beep" I'm sorry you have just set the detector off, I am going to have to terminate this call on the grounds that you don't know what you are speaking about. Good day.
  16. 1 point
    have tickles for being calm. Dont worry about being Shakey afterwareds thats normal some of these companys are stupid
  17. 1 point
    pgh has allready answered this current accounts are no good for a cca request you need to send an sar request and add comments that pgh has stated in post 9
  18. 1 point
    Most Uni charge a 10% fee when you leave half way through the programme. If he left just only after attending the enrolment day,then he has case there. I believe they're groups in the SU that can help with such issues.
  19. 1 point
    Letter arrived today relating to a business loan my OH had when he tried to set up a business. This was paid off nearly 2 yrs ago following the sale of a house. This letter states that he is in arrears on the loan and owes over £200. So I phoned RBS and gave the reference number to be told they could not find any details on the system!!?? How stupid is that? I told the woman I spoke to it was academic anyway as he did not owe them anything and even if he did there is nothing to pay them with. Be really interesting to see if RBS are going to make complete prats of themselves by pursuing this. I was really calm while I was speaking to the RBS but now I am shaking big time. It just makes me so angry the way these big companies conduct themselves.
  20. 1 point
    Underdog, the reply to your query is in the following link. It looks as though it could be the DCAs interpretation of the Rankine judgement. http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-659.html#post1820416
  21. 1 point
    There is no longer any summary criminal offence after 30 days. This was repealed earlier this year and was never enforced anyway. Any attempt to collect while in default would now be governed by the Consumer Protection from Unfair Trading Regulations 2008.
  22. 1 point
    Hi Cleo, I've had many experiences, some with M&S Money too !! If you want any help or advice, we'll need a bit more info on your problem.
  23. 1 point
    I think you will find the best rat catcher/hunter - and effective killer - more humane or canine is a good old patterdale terrier ! If you are a country person you would know this ! Cats are for softies ! Maybe you should go get it some catnip toys instead of allowing it to pester innocent critters - shrews and fieldmice are tiny AND endangered !
  24. 1 point
    Thank goodness there were some sensible discussion posts on this subjec t ! I find Gilbo's comments antagonistic and ridiculous - he'd probably jump a mile if he really saw a rat and as for his cat catching one - you'd be lucky ! How is it he doesn't mind his cat picking up the awful nasty germs from one ? Rats are part of nature - bluebottles are not particularly attractive - nor would I want one as a pet but we'd all be knee deep in s..t without them - everything has a part to play and the less humans interfere the better - nature does it better every time ! The reason we have so many rats is because we are so filthy and wasteful ourselves creating a perfect environment for them to thrive ! I'm for humane - which actually means acting with humanity not attributing humanity to an animal - that would be anthropomorphism !
  25. 1 point
    Which is valid as the rat will be unlikely to suffer (though I fail to see the humour in killing an animal) To kill an animal in such a manner would indicate to me a flaw in that persons character. And its illegal! True, but the person killing the rat is not likely to be taking sadistic pleasure from it. And in many cases, especially where there is a large infestation, poison is the only viable control. Now you are just being antagonistic!
  26. 1 point
    Hello Sunflower, I hope you are well and not being too harassed. If you are going to complain to the fos and ask them to investigate this matter for you, you have to remember that you are not a solictor and you do not possess a law degree. You just have to tell them your story and let them do the rest. You can if you wish detail your concerns and the list the legislation that they have breached/failed to comply with.
  27. 1 point
    Recorded post is the best option and you could always get someone back home to send it but you can also send E-mails and get it flagged up when they read it. I would imagine if you are in Russia now that sending it recorded post without giving the game away would be difficult although by giving them an address it might avoid them trying the sneaky trick os sending Court Papers to a Last Known Address in an attempt to get a judgement by default. Would your employers know what was going on if you used your Russian residential address...I don't see how they could find out unless you gave Thames details of who you were working for.
  28. 1 point
    Osborne: Brown's borrowing risks run on the pound | Business | The Guardian Doubts raised over prospects of success for 'hasty summit' | Business | The Guardian Simon Caulkin: Guess what? Self-interest is bad for the economy | Business | The Observer William Keegan: It's a very deep hole - and Brown needs to find a ladder to climb out | Business | The Observer I think he needs more than a ladder as he's in a very deep hole, a helicopter would be better, although to be fair burying him in the hole is the best idea. Is Darling set for a New Deal? | Business | The Observer Ruth Sunderland: An A to Zirp of being in bad financial shape | Business | The Observer
  29. 1 point
    After 10 minutes rolling on the floor laughing... Sorry, always has that effect when they mention their 'client'. The original creditor sold the debt off, washed their hands of it. They couldn't collect on it for whatever reason. So, along come the licensed bullies aka Debt Collection Agency. They buy details of debts in bulk, for a fraction of the amount that was written off by the original creditor. Then they insist that they are entitled to demand the full amount, not just the 10% they paid to get the details. As people have said, it is highly unlikely they have anything to back this up by way of an original signed agreement. They may try to ask for a copy from the original creditor, but they've written the debt off of course. Have they got anything on file? Nope. So, next step will be to write and tell you that the debt collection agency is not going to collect from you and they'll return it to their 'client'. Two possibilities here. They've either bought the info direct and are now prohibited from collecting, but they could always re-sell that to another DCA and you get the same old routine of someone telling you to pay up, but by now you know they don't have a leg to stand on. The other route is where they have been assigned the account by another DCA, so they return it to someone like Lowells, who should also realise they can't do much. They can play silly beggers and sell it on, knowing that their bluff has been called and they then need to cash in on whatever they can get. Maybe they paid 10p in the pound to buy the account, so sell it on for less to another company - it happens! Lowell did that with mine, and Muck Hall picked it up. So - what was it you were worried about...? That someone said cough up, so you nearly did - without realising they were mainly trying it on to see if you would jump on demand? Look at it like a big movie set, there's a backdrop showing some fantastic office block, big flash cars outside, and the debt recovery company raking cash in from all over - but behind that screen it's just a couple of people at a grotty desk, trying to make out that it's all real! If the stories we hear on here were made into a film, nobody would believe it!
  30. 1 point
    Hello Ronvin, You poor thing:cry: After reading your thread, nobody responded to your posts:???:. Yes you are right to restart your claim and it was advisable to open up a new account, as they can get a bit retalitory:mad: Start by sending of your prelimary letter asking for them to refund the money they have taken. They will respond with the "Thank your for your letter, thankfully we can still take these charges, but do not have to investigate your complaint, but will add it to our mountain's of other claims till the outcome of the test case. Then send your LBA and if no response of the same. Issue at court:-D Good luck and keep us posted
  31. 1 point
    Does your friend have a copy of the application/enrolment funding application that they would have signed when they took the course. Given that this is a fairly recent debt, If the agreement includes this clause then they very likely to be are liable, however not to the debt collection and not for any additional fees they may attempt to add to the account. Please note that at no time did your friend enter into an agreement with these parasites. If it is found that your friend does owe the uni this money, then perhaps offering a repayment plan to them rather than the DCA would be an option Your friend has a right to know who is collecting any monies and the reasons behind the liability. I would suggest a letter be sent, similar to the CCA request, asking for a copy of the signed agreement in which this clause is stipulated. If they produce anything, you should post it on here.
  32. 1 point
    I've got it, I will have a look at it. I was trying to work it out on the figures above but I couldn't get them to balance.
  33. 1 point
    Hi Mark, The 30 day rule has been done away with now. So you can write your "go away" letter now if you choose. If you start your own thread and update it regularly, you can then have advice tailored to your specific situation.
  34. 1 point
    Thanks x20 for your words of encouragement. Small problem, I've sent it already It feels so very alien, asking them to pay my costs. However, as I just discussed with my wife, they would not have hesitated to add 6 or 7 thousand to the total if they had won, why then, just because I am pleased with the outcome, should I not be reasonably recompensed for the considerable time I have to take to be able to adequately defend the claim. If the claimant had only listened to me both when I was ill and again when it was clear the case was flawed we would not be in this postion. Although it is uncomfortable and unatural to ask for costs in this way I can see no reason (legally or morally) why I should not. If only I could make a claim for damages as well based on the stress and worry this has caused I'd be laughing! I am perfectly prepared to defend my positon if they do not make a reasonable counter offer. I assume I would not end up with nothing (or a bill for £300) in any event so it has to worth a go. I may well be back for further advice. I am hoping it won't make the situation worse? Another reason to see this through is if people realise they are able to claim costs that are representative of the actual effort that goes into defending yourself then maybe claimants will think twice about using the court service as means to scare and bully people, when they don't even know if they have the basis for a claim in the first place (i.e. entering a claim without having sight of or attaching even the relevant agreement)! Thanks again for all your help. I'll keep you posted. FF If you want to see the bill of costs by PM let me know.
  35. 1 point
    Hi, Looking back in my files I have come across the original chaser letter from DM: Debt Managers Ltd PO Box 168 4 Jamaica St Edinburgh EH3 6UP Tel 0870 050 1046 So yep its the right bunch of cowboys.
  36. 1 point
    hiya sunflower and all im glad we have all found this forum, its been refreshing CB, yes you are right find other threads im forever clicking and subscribing to ones that i think oh yeah thats like me at the moment, lol hmme got quite a few but always learning stuff so very useful sunflower, keep at it and we shall succeed, hope no more phone calls at work? ciao for now laters maz
  37. 1 point
    Because businesses are deemed to be more aware of the law, familiar in terms of contracts and are thus less in need of protection. The reason why consumer protection exists is due to the imbalance of power between consumer and business. If you have purchased something from a manufacturer that is faulty or not as described, then that is for you to take up with the manufacturer (or whoever supplied it to you). It is not for the retailer to pass the buck. And if the call centre used is incompetent, that is the seller;s problem, nut the buyer. And as for "proving" myself, I feel no need or desire to do so. Nor do I claim to be a "leagle eagle". If you are in a business I really do suggest that you contact Trading Standards to get advice as to your responsibilities.
  38. 1 point
    Amex are acting on behalf of Amex - there's no assignment. You have a variety of potential disputes: penalty charges, collection fees and potentially and unenforceable agreement. As you've CCA'd and SAR'd Amex there's no point in dealing with their poodles for the moment. My experience with Amex was that they used RMA/NCO, then AIC, then Newmans, then AIC again, then lawyers before finally backing down, having provided a ludicrously unenforceable agreement via NCO at the beginning. Newmans were quite easy to get rid of, but Ol' Man Amex, he jes' keep rollin', no matter what.
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