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Showing content with the highest reputation on 22/12/08 in all areas

  1. Any news on this one WHT? Had the same with Barclays, £1 credited to account. I wrote directly to the complaints dept of Barclays and got the agreement very quickly afterwards.
    1 point
  2. Support from our camp too. Almost went BR two years ago and then discovered CAG and things have gone from bad to great. You need to stick together on it. You will get loads of support and help on here and as angel says you will be helping other people because of what you have been through. Best of luck. If you need help just shout.
    1 point
  3. Mrs Z and Mr Z i wish you both the best of luck for 2009,,, and that you stay here and keep the battle going once, you have had a good talk on boxing day, you may decide its been too much and bankruptcy is your only option, only both of you know that, however, i felt a little lost at the beginning of the year, and once id refound cag ive been fighting for my rights because we do have them, we are just initially made to feel, we are outcasts because we owe money, my attitude has changed dramatically since early part of this year, yes there are days i think my god ive got my first default, and this time last year, i can remember
    1 point
  4. Contact the court and let them know that they haven't complied - and that they have added another 'default' on your credit score that you need removed asap - (again this has increased your costs) See what the court say about enforcing the order.
    1 point
  5. this is some crap even by a dca standard send this recorded Account In Dispute Ref: Dear Sir/Madam 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. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request) The document that you are obliged to send me
    1 point
  6. Okay – you must send them a letter explaining that your financial circumstances have not improved since entering into the reduced payment plan (if indeed this is the case) If ever this agreement becomes the subject of legal action you must demonstrate that you have made every effort to be reasonable with the creditor or there sols. Can you just confirm that you haven’t signed a new agreement combining the loan and current account together. Then we can discuss the Default Notice in more detail.
    1 point
  7. no I don't work there .. got the address of Companies House website
    1 point
  8. I have made other complaints to GMP Professional Standards Branch over other matters. Recently one of my complaints was rejected by GMP Professional Standards Branch as being unsubstantiated. I appealed this to the IPCC and they also rejected my appeal. I contacted my solicitor to complain that the IPCC had acted outside the Law when they rejected my appeal and had refused to consider the evidence I had. The IPCC has subsequently reviewed their initial rejection of my appeal and decided to look again at the original complaint I made against GMP. They have now upheld my original appeal and reversed their previous stance on the matter by
    1 point
  9. Write to each one advising that another DCA is chasing you, and until the matter is resolved you will not be paying either. Address the same letter both DCAs - put both names on the one letter and print off two copies. Then write to the OC stating that you consider them to be in breach of the OFT's debt collection guidelines and that unless the matter is resolved very quickly you will be lodging a formal complaint with the Financial Ombudsman Service. If you need help drafting a letter I can possibly dig out the one I sent to Natwest (who did exactly this to me).
    1 point
  10. if the CO is for the loan that the interim co has been placed for then I would say yes. the interim order will have only been placed to allow both parties to prepare their case for a full hearing. IF you win your case - make a point of asking the judge dismissing the application also to order the interim order removed.
    1 point
  11. tax it very quick before the DVLA issue a sorn fine - If they havent done so already. I suspect they may have already but to your old address. check the status of the vehicle on the dvla databse online
    1 point
  12. A Good DCA? Fuzzybobble Debt Terrorists Ltd of course. They must be good because their promo video is honest, and they have won evey DCA award going this year. :D:D
    1 point
  13. Security guard on duty at Lowell HQ
    1 point
  14. MOD's policy (JSP400 refers) is quite clear that a SAR can be in any form, either the MOD Form or a letter. If you'd like a copy of the form, I can email it to you (after the grant). It's policy not to charge. Where are you sending your SAR? There are single service addresses, or you can send it direct to the Data Compliance people at Main Building (I refuse to call it 'Head Office'). Again, I can provide these if you want. MOD lost my data too - and all I and others seem to be able to get are bland 'no harm done' statements. Your MP should not ignore correspondence; if he or she thinks they can't help any more they usual
    1 point
  15. OK scan the 'agreement' up (please delete your personal details and any reference to yourself)..... CCA RULES FOR PRESCRIBED TERMS CONSUMER CREDIT ACT 8.2 What if prescribed terms are missing or incorrect? s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21. If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order. 8.3 What are the prescribed terms? The prescrib
    1 point
  16. They can't take this court without a signed agreement, what they have is an application form. I think you will just continue to get the bog standard letters from them with threats, perhaps even a stat demand. Don't let them wear you down or get disheartened remember they have to provide the documents to pursue this alleged debt. You can use Fuzzybobble's letter if you wish but I would certainly get an acknowledgement off to them.
    1 point
  17. marbles have passed all their accounts to aviemore, who then send out a new agreement, personnaly I would not sign the new agreement and cca marbles, quite a few have popped up on here with similar tales of the extoriante apr of the new company
    1 point
  18. Thornton v Shoe Lane Parking [1971] 1 All ER 686 (CA) In this case the plaintiff drove into the defendant's car park and was given a ticket by an automatic machine, which stated that it was issued subject to conditions displayed inside the car park. The conditions inside the car park were in small print and one of them excluded liability for damages to vehicles or injury to customers. The plaintiff was injured due partly to the defendant's negligence. The plaintiff was not held to be bound by the notice displayed inside the premises. Denning said that the clause was so wide and destructive of rights that "In order to give sufficient noti
    1 point
  19. More from the DWP about ESA can be found here however it may be useful to get another perspective c/o "The Bickerstaffe Record" which cuts through the Government spin.
    1 point
  20. I have mental health problems and the dreaded IB50 also fills me with dread each time it arrives, so I can see where your friend is coming from. I got my last one in March this year and, based on my description of how my conditions affect me, the DWP decided not to refer me to ATOS for that ridiculous medical. My advice: The IB50 is a questionnaire mainly about physical disabilities with mental disabilities only getting a small blank box for the claimants to describe how their disability affects them, it fails to give any real help or guidance to enable them to do this. First, read the list of Mental Health Descriptors' and points sy
    1 point
  21. I would do nothing. If you respond you are confirming that you are at that address and as you suspect that will give them what they need to issue a SD.
    1 point
  22. The question that Jogs has asked is the most significant here. It does not matter when the alleged accounts were taken out, or when you left or came back to the country, what matters is when a payment was last made, or when you last acknowledged the alleged debts in writing. Egg agreements are more often than not enforceable. I wouldn't send the CCA letter yet. How closely can you pinpoint the date on which you last paid or acknowledged these alleged debts? SH
    1 point
  23. Hi Beetzart, If you're going to discuss another BC a/c, please start a new thread for it so the a/c's don't get confused. Re your first post, they may have complied with their obligation to supply certain data, but this does not make the Agreement enforceable in court. Re the second post, BC seem to be sending out a lot of T&C's recently but, without your signature, they have failed to comply. Here's a reply for them. Dear Sirs, Account Number: XXX Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974 I note that you have replied to the above by sending a copy of your c
    1 point
  24. Lefty, if your out there, may the FOS be with you
    1 point
  25. Sounds like it would be statute barred anyway. If you've not paid anything or entered into correspondence about this alleged debt then they are hoping you don't know your rights and will talk to them about it. DO NO TALK TO THEM ON THE TELEPHONE, they WILL twist your words... It's the same company really, and they also use Red Debt Recovery, Hamptons Legal and another name I can't remember just now. Always threats - full of we MAY do that or we COULD do that. Spend a bit of time reading these forums and you'll soon find how valid their threats are. There are letters you can send to tell them they are not welcome to visit. If
    1 point
  26. When did you last acknowledge this debt or make a payment towards it? Jogs
    1 point
  27. Was thinking the same thing today, I have my recorder on 24/7 anyway so will be happy to record any calls i get on xmas day, apologies for my responses in advance LOL:D
    1 point
  28. As far as I know, MCS are the HSBC group's in-house DCA. I suspect that DG solicitors (who are not to be found on the Law Society's website database of firms) are the HSBC group's in-house solicitors. First things first, have you opened a parachute account to get your salary paid in somewhere else? If not, do that asap. Beyond that, the best suggestion I can give is to write to MCS making an offer of payment by instalments that you can afford (or, if need be, a token payment).
    1 point
  29. Hi Overdone I got the exact same responce from BC as you. I am in the process of sending a reply (something like the one below) Dear Sirs Account number I write with regards to the above account with your organisation. I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. I require this as i have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed. obviously if the agreement is improperly executed i would be entitled to ask the court to consider the agreement and make a declaration of the right
    1 point
  30. We can only hope so. At least in your case you've been sent clearly unenforceable rubbish, which ought to discourage them from sending anything else in the future. They may have a hard job explaining why they sent you two application forms which you have signed on the same day, one of which just happens to have some Terms and Conditions from another year on the back, and a couple of strange lines in between the printing which doesn't match. Hold on to that application form - you might need it one day. SH
    1 point
  31. Absolutely, sunflower, they should know where this document falls flat on it's face. They have a large legal department that could tell them:) There is nothing to link it to the front of the document and of course there are the other discrepancies. Let them work it out for themselves.
    1 point
  32. I would write to him asking for written payment proposals, give hime 14 days to reply. Then issue a letter before action again giving 14 days. Then issue an N1 - if it comes to court it will be down to who the judge believes and if your sis tells the truth hopefully the judge will see that. A verbal agreement is binding but it would be good if you can get him to acknowledge the debt in writing Another option is to get him to discuss the debt in front of a witness who could then submit a witness statement.
    1 point
  33. More than a breach of contract, your employer's actions (or lack of) may constitute a breach of their duty of care, potentially contrary to the Health & Safety at Work Act. Their failure to pay you adequate holiday pay would also be a breach of the Working Time Regulations. Personally, if the Assistant Manager's family are continuing to harass you, I would consider this a matter for the Police rather than a Tribunal and you could explore the possibility of an injunction. Not really much to add to that, but you have my sympathy for what is obviously a very difficult situation.
    1 point
  34. I was really worried when i first started out and that's why i looked and found this site. Since then i almost laugh at some of the letters i get so don't worry. You'll get lots of helpful information from folks here (as you are already) and that will empower you. YOU are in control of events. Once you realise that you will be fine and come through this.
    1 point
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