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

  1. 1 point
    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.
  2. 1 point
    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.
  3. 1 point
    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 today i got a call from mbna who threatened all sorts and ruined my christmas and i was almost suicidal. Now a year on, i know what i went through last christmas and from somewhere within me, today i realised, i have nothing to lose but to keep fighting by learning every day something new to keep me afloat emotionally and financially. With the help from these wonderful people who give their knowledge for free and their support i know i can somehow get through next year. Someone said whats the worst, they take you to court and IF YOU SHOULD LOSE and the judge will award a ccj, and you pay back what you can afford to pay - should they try a charging order, i would fight it and as long as the ccj is being paid, there is always a defence for a charging order to be put aside anyway, I would still have that chat on boxing day, decide what exactly is the problem with each creditor - have you requested a cca for each, have you requested a sars for each, can you reclaim charges, etc, i would try and choose each battle that you can try and win, some maybe you cant do anything other than pay as they have an enforceable agreement and they maybe accept a lower amount for the time being, others are blatently obvious that you could fight and win, so choose those to get good advice on and tackle as much as you can to win the case i cant think of anything else but i just wanted to say, hang in if you can and let everyone try and help with snippets along the way and hopefully next year this time , you just may have resolved all and be in a positition to help others from your own experiences and successes Good luck and ive subcribed just to keep supporting you laters angel x
  4. 1 point
    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.
  5. 1 point
    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 is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully __________________
  6. 1 point
  7. 1 point
    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.
  8. 1 point
    no I don't work there .. got the address of Companies House website
  9. 1 point
    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 now instructing GMP to look again at my complaint which I believe now shows amongst other things that a senior officer of Superintendent rank has written lies to me when he rejected my complaint. The same Superintendent from the Professional Standards Branch has in the meantime written to me to inform me that GMP will not in future allow me to make anymore complaints about GMP at any police station or over the phone. Instead they have restricted me to only one way to make a complaint which must now be in writing to the commander of the GMP Professional Standards Branch who will then decide whether or not the complaint will be investigated which is clearly a puerile way of attempting to stop me making genuine complaints against them. Apparently an Email and letters have been sent to all police stations and call takers in GMP to inform them not to take any further complaints from me. So for the time being that is the current state of play. This is now how the country is policed under the Labour Party led by Gordon Brown and co so don’t worry folks they are just protecting us!
  10. 1 point
    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).
  11. 1 point
    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.
  12. 1 point
    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
  13. 1 point
    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
  14. 1 point
    Security guard on duty at Lowell HQ
  15. 1 point
    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 usually tell you. I'd give his/her constituency office a ring to ensure the letter was received - some of them appear to have DCA-stylee postal services, especially regarding government embarrassments!
  16. 1 point
    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 prescribed terms specified in Sch 6 are as follows: * amount of credit – see Q8. * credit limit – see Q8.5 * repayments – see Q8.9. * rate of interest – see Q8.6 Sch 6 was not amended by the 2004 Regulations. IS MY AGREEMENT ENFORCEABLE( Via section 127(3) CCA1974) PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1)(0) AND 127(3) OF THE CONSUMER CREDIT ACT 1974 Taken from sced.6(1983/1553) regulations (If you just want to find out, skip the bits in between the stars it’s just some extra information) **What do we mean by unenforceable? In the Consumer Credit Act section 127 there is a provision for making an agreement unenforceable if it does not contain certain pieces of information. Subsections 1,2,3,4 state which pieces of information these are, and everything mentioned there must be included within the body of the agreement, if one is missing the agreement is unenforceable. How does unenforceable differ from enforceable with a court order only? When an agreement is unenforceable it means that the court or the judge cannot make a ruling on it. The court cannot make it enforceable. When an agreement is enforceable only by ruling of the court it means that the agreement can be stopped by the debtor but the court has the power to re-instate it and allow the credit to continue to enforce.** The Prescribed Terms are these A Amount of credit A term stating the amount of credit B Repayments A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following- (a) Number of repayments; (b) Amount of repayments; © Frequency and timing of repayments; (d) Dates of repayments; (e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable. C Rate of interest A term stating the rate of interest to be applied to the credit issued under the agreement D Credit limit This may be a term or the manner in which it will be determined or that there is no credit limit. -------------------------- Which of these applies to you depends on the type of agreement you have? For a Running Account (credit card) agreement BC and D Apply For a Restricted Use Debtor Creditor Supplier Where the dealer is the supplier and the creditor is the one providing the finance. The money can only be used for the purpose it is given. There is no interest on the purchase (the cash price is the same as the total price) And there is no advance payment A is applicable For a fixed Sum Credit Agreement A conventional credit agreement with none of the above restrictions A and B apply For a Hire Agreement B is Applicable This paper only covers section 127(3) of the Act agreements can also be unenforceable by contravention of sections 1 and4 this will be the subject of the next paper. Please note that these Prescribed terms where not changed in any way by the 2004/1482 Ammendments although the form in which they appear on the agreement was. Subsection127(3) was repealed on the 6th of April 2007 so that unenforceability due to 127(3) will only apply to agreements executed before that date.
  17. 1 point
    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.
  18. 1 point
    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
  19. 1 point
    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 notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling." with thanks to Hagen UK) and...“Judge Tolmin referred to the decision of Denning L.J in Spurling v Bradshaw [1956] 1WLR 461 that the more unreasonable the clause, the greater the notice which must be given of it and that some clauses would need to be printed in red ink on the face of the document with a red hand pointing to it, before the notice could be held to be sufficient.” Also Interfoto Picture Library Ltd v Stiletto Visual Programs Ltd (HPH 422) Bingham – Red Hand theme.. It's generally referred to as " The Red Hand Theme" which effectively says it has to be legible to the naked eye. Sarah
  20. 1 point
    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.
  21. 1 point
    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 system used by the DWP, then include all the descriptors which apply to you. (web page c/o benefitsinmind.org.uk) If your condition fluctuates (e.g. bi-polar disorder) remember to describe things according to how you are affected on your 'bad days' - it doesn't make you a "malingerer" this is how you are supposed to reply to the questionnaire. If the answer box isn't big enough then add extra pages of your own. When I filled out my last IB50 I could see that the pathetic 1/3rd of a page (and "additional info" page) provided by the form wasn't enough space to enable me to fully describe my condition, therefore I wrote, printed and sent with the form my own pages and wrote in the space-box "See attached 3 pages". (IMPORTANT: remember, on every page, to put your - name, date of birth, National Insurance Number, as well as the title "Personal Capability Assessment - Mental ‘Disabilities", the date posted and individually numbering each page. Save a copy for yourself. I can let you have my copy (word processor document) which you can use as an example to assist you in doing your own, you can also use the same document as a template because it has all the descriptors, just delete my answers to each descriptor and insert your own. The document is private and confidential for your use only, therefore you will need to contact me via my website (click on the contact us link on my homepage, then click contact "Editor" to send me an email mentioning "Personal Capability Assessment - Mental ‘Disabilities".
  22. 1 point
    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.
  23. 1 point
    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
  24. 1 point
    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 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, apart from the information that the Regulations provide that you may exclude, the copy must be a "true copy" of the agreement. This breach of the agreement can be demonstrated as follows; As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered these are: Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements; And more importantly Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations. You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state: (2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented. I hope this explains why your reply was unacceptable. I await a True copy of my agreement and would remind you again that, whilst the request has not been complied with, the default continues. Yours faithfully
  25. 1 point
    Lefty, if your out there, may the FOS be with you
  26. 1 point
    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 they do turn up then they are trespassing. Go here> http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html and you want Letter N. You send this by recorded delivery and enclose a £1 postal order. DO NOT sign the letter, just make sure it has your name, address and reference number on so they can match it to the alleged account. You use a postal order and unsigned letter so they can't lift your signature and drop it onto a copy of your agreement. Don't do anything else until they reply. Usually they will say they've requested a copy from the original creditor, followed by a a special offer letter where they will take a lower amount as 'full and final payment'. This is normally repeated a short while afterwards. Then they'll say they were unable to get the document and have closed the file... Job done, just about. If you get any phone calls, just ask them to put everything in writing, and hang up.
  27. 1 point
    When did you last acknowledge this debt or make a payment towards it? Jogs
  28. 1 point
    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
  29. 1 point
    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).
  30. 1 point
    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 rights of parties to the agreement. I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document. I do not view this as an unreasonable request given that by supplying the document which i have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides I look forward to your reply and would ask for a response by 21/01/09 Regards
  31. 1 point
    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
  32. 1 point
    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.
  33. 1 point
    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.
  34. 1 point
    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.
  35. 1 point
    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.
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