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Showing content with the highest reputation on 02/01/09 in all areas

  1. Na its 6969 That letter will do perfectly
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  2. You should be able to get what is called a 'basic' bank account. This is just another name for the standard instant access bank you use with a passbook (at least with a building society). These accounts don't allow direct debits or standing orders.
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  3. First submit a Subject Access Request (SAR) to Natwest so we know how much they actually owe you, This is the link for that: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html You will need to enclose £10 (cheque/postal order) and send recorded delivery. Once you have done this you will need to send them a letter telling them that you dispute the amount that you owe, this should stop them actually taking you to court for now. Have a look around the forum and you will find a lot of good examples of letters from people in the same position. Make sure any contact you have with them is by
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  4. A default should drop off your file 6yrs after the date the default was entered. A Charge-off Many people mistakenly think when a debt has been charged-off that it's been cancelled by the creditor. This is not true. You are still responsible for paying off the debt. However, you will not be able to use your credit card to make purchases. Companies, including creditors and lenders, have profits and losses every year. They make money from profits and lose money from losses. When a creditor charges-off your account, it's declaring your debt as a loss for the company. Even though the creditor has acknowledged your debt as a l
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  5. Hi happyfeat, Employment tribunals do have a discretion to accept late claims, but as the normal time limit is 3 months from EDT and you say you were dismissed in October 2006, then you're well out. Of course any contractual claims you may have would have a 6 year limit in county court, but this would not apply to claims such as unfair dismissal. My advice would be to forget all about it and move on as your chances getting a claim accepted by any ET are basically zero! Kind regards Che
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  6. Id write back stating I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY This debt has been in dispute4 since XXX date. No clear legible LEGAL copy of an agreement has been supplied. A copy of your letter is going to the relevant authorities as I have no liability for this unenforceable debt. Remember not to sign the letter, and send it second class, as you might have their fax no fax it to them and also see if there is an email addy and email it to them as well.
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  7. Further to my previous post & jansus's post, preparing a breakdown and timeline in such a way would also help you for the court proceedings. I find that if I have all the facts organized for a hearing, then I make a better impression on the judge and also don't muck up. I can't count the times I've forgotten to say something and either not got everything I was going for or got everything but by the skin of my teeth only because my case was actually very strong. So even if we can't give you advice, providing the information we need in a clear manner could help you at the hearing.
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  8. I found an N260 form on the Court website, you can fill it online and print it out./HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance I asked for £9.25ph as Litigant in Person;under the fee earners column, Work done on document column, put the total number of hours @9.25, Attendance at hearing column; I put 0.50, Hours travelling & waiting 2.50, Other expenses; I included; loss of wages, fuel, parking & photocopying. Dibs.
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  9. I am involved with BMW, so know what REALLY happens with these things. 1.) The post 9/01 (51 onwards) 320d is a disaster area. A very decent engine with some poor quality junk ancilliaries fitted to it. BMW don't even make the bits that go wrong! But they did design and fit them......... What causes the turbo to fail? Extended service intervals, dirty oil and not allowing the turbo to spool down on shut-down. The turbo requires a supply of engine oil to lubricate it, and when you turn off the engine, the oil supply stops. The turbo is still spinning at many thousand RPM, only now with just whatever oil is around the bearings. Wit
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  10. Hi Janus, There are rules of law (although the borrowers are not notified of the law or the rules). The rules (which are law) can be found in the Civil Procedure Rules book (often referred to as the White Book), a copy of which can be found in the reference section of the local library, or on line at Civil Procedure Rules Homepage Also check out the corresponding Practice Directions which give commentary on, and augment, the CRP rules. The book itself (from the library) contains more detail than the web-site version plus the commentary in the book references many cases that may be useful. The CPR rules that goven repossession action
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  11. I've read every thread on Credit Today, (there's on many of them lol) Nobody has said anything wrong. All people have done is ask perfectly reasonable questions and given their honest opinion. As long as it's kept that way, then there's no problem. Apart from Credit Today not liking hearing the truth about their grubby little collection of companies that read their sad magazine, so they lock threads and delete posts, because all they want is a one sided view of things. I can image Credit Today is running a bit scared as when the DCA's and banks stop becoming financially viable, then that's CT's income up the spout and anothe
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  12. Wow, now that's what I call big Sorry I didn't realise, from your first post, that they had sent what they call a credit agreement. It doesn't look enforceable to me but I'm no expert, however here's some info by Curlyben on enforceability which should help. I can't see a signature on the "Agreement" either. Prescribed terms:- Now there's some things you will need to check. The most important being the prescribed terms that make any credit agreement enforceable: Quote: Originally Posted by 8.1 What are ‘prescribed terms’? S61(1)(a) CCA provides that, for a regulated agreement to be properly exe
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  13. Oh, dear. Please check out the MoT Testers Manual: MOT UK car and vehicle MOT information equipment car servicing parts and spares - brake components Inspection f, g and h
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  14. In a Scottish court it may be that the case would be dismissed (certainly you could argue that it should be). In the case above it was dismissed on the grounds that the pursuers had failed to meet the criteria of the test. Although whether there has been an effective intimation of an assignation will depend on the facts and circumstances of each case, if there has been no assertion of the pursuers' entitlement to payment through a notice of assignment it is difficult to see how intimation could have taken place. You can't just ask for x amount of money you need to actually assert your entitlement to it. I would imagine that the leg
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  15. Hi Woodwa5 Re your 18K ERC. I think your instinct is correct. I don't think they can charge you an ERC when they repossessed you. The FSA have guidelines on ERC charges and 18K is excessive even if they could get away with charging an ERC. Way forward: first starting point may be to check the ERC rules under the FSA. On the FSA website you will find the MCOB rules (Mortgage Conduct of Business). Check out what the rules are regarding ERCs. If, as I believe, you have been illegally overcharged an ERC, then you can claim credit on your account for the overcharged ERC and don't forget to charge them 3 years compound interest on t
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  16. How about this? 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
    1 point
  17. This is just me doing overtime on what if's, but.... Once this Part 36 Offer was accepted, this above statement "the act of acceptance can create a legally binding contract", should hold fast one would hope. Now, just suppose pt is right and I have a difficult Judge at this case management hearing, given the solicitors have now proposed a strike out on the basis that my original defence was ' misconceived' according to their newly appointed barrister and he were to be hypertheticlly correct, what happens to the legally binding contract? Suppose I am totally wrong and they have just caught on 10 months after we started negotiating,
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  18. I just wanted to say I have read this thread over the last few nights as I am just about to start my own charges case against Halifax and I have been totally engrossed. I cant believe the battle you've had and how strong you've stayed throughout it! I hope I have as much strength. My heart sunk for you when I read about your day in court, I was gutted for you. I cant wait for you to finally get your money off them, your an inspiration to all of us just starting our cases. I had a claim settled way back in April 2007 but now I feel like a newbie starting over again, but I have had 8 charges in a month and I want them back!!
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  19. It's the Consumer Credit Counselling Service. CCCS - Free Debt Advice from the UK's Leading Debt Charity
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  20. i would also send a letter every 2 months stating due to the credit crunch i will have to reduce my payments and that i would welcome court action and let a judge decide as then my payments would be a lot lower when you state you would love it to go to court they know a judge would make you pay less and they dont bother you i told one on the phone one day please take me to court? you wont get credit sir??you having a laff with debts of 80k who would give me credit im on benefit and if it goes to court il only have to pay £2.50 a month so please do not call again I also told lowells when they kept calling all calls are recorded and th
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  21. Hi Geministar2007:) I put down emergency - £10.00 per month Holiday - £20.00 per month Dentist - £08.00 per month and was allowed them, I also put down haircut £10.00 per month, pre pay prescriptions, and also dogfood for my dog went on and I was allowed them all. Like some people told me we have struggled and struggled for so long we don't make the proper allowances that we are entitled to. So if you have any pets put their food down too!! Haircuts for all family members should be ok and so should holiday fund for all of you, I would put £20.00 down for a family, you may be allowed,
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  22. We said we were going to auction ours and they said they would not agree we did and got more than er had to pay them just the court agreed with us you need to put a reserve on the auction if they go for repossession you can ask the court to let you sell under the law and proerty act this can be done even if you have negative equity there is case law so you need to write and tell them if they dont agree you will go to court asking for this order for you to sell and quote the case law
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