I wouldn't bother Fred. Anyway, got another call off Blair, Oliver and Scott this morning. Me: (having recognised the number on the caller id) Aye what? Them: Can I speak to Berrylover? Me: If you want. Them: Pardon? Me: You're pardoned. Them: Excuse me? Me: You're excused. Them: Is this Berrylover? Me: Indeed it is. Them: This is scottish numpty from Blair, Oliver and Scott. We just need to go through security. Me: Are you in an airport? Them: Pardon? Me: You're pardoned. Them: I need to do a security check Me: I am not prepared to give me details to you, you

Hello Traderx! Delivering documents to the wrong address is a favourite party trick of Amex and their mates. It's a mistake they only seem capable of making when it can potentially work in their favour. At all other times, they seem to have no trouble getting the address correct. OK, you're getting good advice on the BP issues. WRT a defence to the Amex alleged Debts, I think it's good that the alleged debt is mainly on the Gold Credit Card with far less on the Black Amex Charge Card, because the latter is harder to fight if it's not Regulated by the Consumer Credit Act 1974. The Gold Card Agreement sucks, it's clearl

If it were me, my letter would be on the lines of: Dear Sir/Madam, In the contract between yourselves and us, you have quite clearly offered us [item] at [price] and we accepted by payment of that sum, for which we have a receipt, which is quite obviously a payment in full and not a part-payment. You are now trying to change the terms of that binding contract by asking for more money than was agreed, and I can not agree to this. Please note that if you insist on your refusal to hand over the goods as contractually obliged, I will have to seek redress through the small claims court either for: a) refund in full of the mo

Er, you wouldn't be asking for a "tickle" by any chance Ms Clemma? Sheessshhh, touting for greenies - what's the world coming to???

Yeah, I got the gold status when I hit 400 posts . As for my blobs, I know how they work....I also know I only need another 25 points to gain my fourth blob

Correct....got it in one Dave

Hi Red, This is the Prelim Letter to use to send off with your Schedule of Charges - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/586-credit-store-card-letter.html

Interum Justitia keep calling me lately. I always answer (in a suitable style of voice) "Hello Mammals kebab shop, all our kebabs contain at least 85% cat" For some reason they hang straight up before I even get chance to ask them if they want salad and sauce with their kebab

That is brilliant. I'm so happy for you. Now it's time to get on with your new life. My very best wishes to you. good luck fox

Hi there, sorry to hear you're feeling like this today..... but, you have come so far, conquered so many fears and gained so much strength along the way. It's only natural you will have down days, but that's all they will be:) - just the odd day, not weeks or months. You know you can come on here bring your problems and tell us how you feel - you will get all the support you need..... As you say, chin up tomorrow's another day - and it will be brighter:) Stay positive Ell

Hi Cosalt - I get days like yours also (bad post/calls etc etc), had one of those yesterday and felt really overwhelmed by all my financial woes! Today i'm back on my game and empowered once again thanks to this site. The good days now are few and far between and the difference is knowing it will pass. Good luck with everything and tomorrow IS another day Lisa

Love that letter:D

Cadencealex, here's my previous successful thread if it's any use to you? http://www.consumeractiongroup.co.uk/forum/natwest-bank/83462-natwest-credit-card-default.html The CCA was used to remove the default, as we had to take out a higher rate mortgage I want those costs back now!

If Next have admitted they have no signed CCA, cadencealex, there is no point in sending them letter N. You are now in a strong position regarding the non-enforceability of the debt but the matter of a default removal is more difficult as I think Bankfodder has pointed out before. You could start by asking them nicely to remove the defaults as in the absence of a signed CCA, they had no rights to place them & see where you get from there. You might hit lucky, otherwise it could be a long road with no guaranteed success at the end.

it means you are losig about a moderately full bathful of water every 4 hours. This is why I am not convinced its a leak but a faulty meter. If you were losing that amount of water I cannot see how it would go unnoticed UNLESS it is draining directly into the drainage system and away from the property. but its something you need to get checked as if it is draining into or under the property it could be doing serious damage to your property or foundations. does your toilet seem to be filling all the time, can you hear water running anywhere in the house when no taps are on are there any overflows dripping on the outside of the house

LIke this:

Typical Egg agreement. It is unenforcable becasue it doesn't have the prescreibed terms. It should have a term telling you what your credit limit is. Instead you have an approved limit - whatever that is. That is meaningless and does not comply with teh Consumer Crdit Act 1974 and its associated regulations.

One of the regular Caggers here, Idainfife did this wonderful letter and I am shamelessly ripping her off Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. 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 defaul

Chairmans name and address at the bottom... Anglian Water Services - organisational structure

42man's advice is, as always, spot on. DON'T rely on anything they say unless you have it on paper. Also, if they try to get you to sign a 'Consent Order', DON'T! This pretty much amounts to an admission of their claim, and if you should fail to keep up your payments, they can get judgement against you automatically.

It means this: Can the bailiff force entry into my home? If the bailiff is pursuing you for an unpaid fine of a criminal nature…then the answer, unfortunately, is yes. However, this is more of a threat, and during the past year, bailiffs forced entry into a home on less that 10 occasions. The right for bailiffs acting on behalf of the Magistrates Court, the power to “enter and search any premises” for the purpose of executing a Warrant of Distress, was granted under Paragraph 3 of Schedule 4A of the Magistrates Courts Act 2004. This provision was also then inserted into the Domestic Violence, Crime and Victims Act 2004 which wa

DD, does it say anywhere on that page "Credit CARD Agreement" ?? Just popping off to find a link for you. BRB. If the word "CARD" is missing in the title, then this post by surfaceagentx20 might possibly apply http://www.consumeractiongroup.co.uk/forum/show-post/post-1816585.html the link will take you to the post, but the quote is as follows, "alanalana's right in my opinion. Under Regulation 2(1) to the Consumer Credit (Agreements) Regulations 1983, for the document you posted to be regarded as an agreement it would have been necessary for it to be headed: "Credit Card Agreement regulated by the Consumer Cre

You need to call the court to verify what this is I have googled it and found this But I am not an expert so don't know whether is aplies to this fine Section 27 SCHEDULE 4 Powers of authorised officers executing warrants The following is the Schedule inserted after Schedule 4 to the Magistrates' Courts Act 1980 (c. 43)— Section 125BA “SCHEDULE 4A Powers of authorised officers executing warrants Meaning of “authorised officer” etc 1 In this Schedule— “authorised officer”, in relation to a warrant, means a person who is entitled to execute the warrant by virtue of— (a) section 125A of this Act (civi

You need to send the letter's anyway and also inform them to do a check on the car that's not yours LOL they did this to me too But when I called the police they did a pnc check and said to the bailiffs you can't touch the car it doesn't belong to them. But thy won't do this on your behalf the bailiffs that is they will take the car Send them a subject to access request for the fee's and dont let them in at no time or sign anything

Hi out of the red welcome to CAG:) You can make a CCA request at any time and you are perfectly entitled to ask for your agreement. By requesting it the companies are not going to find out what you have in savings- only a court can order you to give income/ expenditure details. I would certainly request your agreements the older ones are unlikely to have a properly executed agreement and this will give you bargaining powers if they are giving you hassle. Once you have made your request they have 12+2 working days to give you your agreement, after this time the account goes into dispute if they don't send your agreement and you can stop paying

I know it is a very minor detail, but it doesn't actually state 'credit limit' - it states 'approved limit'. Could it be argued this limit may not be a credit limit but may relate to the maximum value of a single transaction, the maximum transactions allowed per month or the most bananas you may buy with the card:lol:? Pookey

They just don't need any more information from you than the letter requesting the CCA - they are either stalling or trying to get a sig to fake. I really would just write and tell them there is no requirement for you to sign the request. They have been happy to send all your statements and any letters regarding your account to you at that address - if they suddenly need confirmation you are who you say you are, then they have a serious Data Protection issue for all the stuff they have sent previously. This is a letter I've found on my trawls through the forums that deals with this issue RE Account NO XXXXXXXX Thank you for

I would have to agree with vex. the bank would have no qualms about taking the blood out of your veins if they thought it would make some profit. I would not feel an ounce of guilt - if they have failed, with all their experience, training and expertise, to be bothered to ensure that their own agreements satisfy the legislation then it is their fault. Without doubt if the error was in their favour and you had signed up to it - they would enforce it.

personally I would just go for the charging order. The court will serve the papers which should be all the warning he needs - he may pay up to avoid the charging order (you will also get the extra costs of applying for the order)

Active/settled accounts which have not been defaulted are removed after 6 years from last payment made. However, if the account has been defaulted, then the default will drop off your credit file after 6 years from default date, irrespective of whether there is a balance outstanding or not! This should be automatic, but I have found you need to nudge the CRA's to do this sometimes.

I think you're right, Ell-enn. There are no real grounds for getting it set aside - don't think judges will accept 'I was being an ostrich' as a reasonable excuse. Isn't hindsight a wonderful thing?! I've tried to stress to friend how seriously they must stick to the arrangement (have pointed them to this site and in particular this section to scare them in to it if nothing else!), and have made a note in my own diary of the dates the cheques must go out. In this climate, I think they're going to come out of this fairly unscathed.

You could send them this Castella....but you'll need to edit as required...i'm wondering if you a CPR31 might be a good thing to send at this stage.... Dear Sirs, Thank you for your letter dated xxxxx the contents of which I note, I am afraid I cannot accept your offer to withdraw my defence as I feel it is valid and any application for summary judgment will be countered with an application to have your case struck out under CPR 3.4 or in the alternative a declaration pursuant to Section 142(1) Consumer credit Act 1974 You have replied quoting the Rankine Vs HBOS & Others, claiming that you do not need to provide th

If they have come to an arrangement with the bailiffs to pay the warrant, and there are no good reasons to have the CCJ set aside, (given the fact that they didn't respond to the original claim) then I think they have got a reasonable deal without any further expense. I think we just have to be realistic sometimes:) Ell

Sadly, there are many many people who were like you, frantic with worry, but just don't know where to get the help they need to fight the repossession. If they don't have internet access and are too embarrassed or scared to go to the CAB they just don't turn up in court and therefore they lose I'm sure you will have seen the list of cases in court when you were there yesterday - how many do you think turned up to defend? I could weep when I think about it........... Ellx

Strange one.......it has the prescribed terms and your sig.......so if taken to court would probably be enforceable. HOWEVER certain things are missing ....notably there name and adddress. Any agreement should have a header..."this is a credit agreement 1974..etc" PARTIES to the agreement us, nastybank,etc....you debtor, underdog etc this part is missing...as far as I can see finanacial details etc (prescribed terms) credit limit interest repayments they are there................. At worst it is improperly executed....but could be made proper by a court. I would like to hear other peoples take on it

This comes back to some internal politics within CAG. edited runs a business which overlaps to some extent with the scope of CAG. The people who run CAG thinks she might be trying to take commercial advantage out of her membership here and have prevented her from sending or receiving private email from other members. While I can understand the viewpoint of the CAG elders I do feel that attitudes have reached a point where CAG members are being disadvantaged.

If you didn't receive the summons then you have good ground to get the CCJ set aside. Have a read of these - National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The County Court Removal of CCJ's - Step by step guide to the process Form N244 can be downloaded from the attachment below.

I will write to that address. Those bailiffs are mercenaries, they frighten tiny children and goad people by abusing them. I will write a lovely lengthy letter to them and also ask why they managed to STEAL so much money from us when it wasn't due

Good idea DD, I am all in favour of email being used more often. The only thing you might want to do is quote the relevant case law - "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 or anyone representing 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 Evers

That's what I like to see. The more of us who try to get these parasites exposed for what they really are, the better. In the current climate where DCA's and struggling peeps are what the media are looking for, as we are now suddenly fashionable, then we have to strike, and give them a good kick while the media wants stories from people getting the crap from DCA's, banks, and the government. We have the ammo and lots of stories and experiences to give them. If we don't get a DCA shut down in 2009, then we're not really trying. Once we get the first victory, then it will inspire a lot more to join in. Then at last, ordinary peop

yes it is, when you get the statements back use the spreadsheet provided on the cag and work it out from there

NOTICE Is hereby given That XXXX, XXX, XXX, of Jacobs, 4 Europa Blvd, Conway Park, Birkenhead CH41 4PE, have applied to the Judge at Liverpool Court for a Bailiff Certificate. Any person who knows of a reason why Any of the above is not a fit and proper person to be granted a certificate should write to the Court Manager At Liverpool County Court, The Queen Elizabeth II Law Courts, Derby Square, Liverpool, Merseyside L21XA before 18th January 2009 Hi Hallow witch ,hope thats better Fwog

Emma you have had some really good info here so please get ionto it straight away. This is the letter I sent to My Bailiifs regarding my council tax and I also did a repayment plan and sent to the council with a small payment. The bailiffs have now passed back to the council with a letter to me saing with regards my coments in the letter they have placed back with the council. Try it you have nothing to lose But DON'T sign just print your name re: YOUR ADDRESS YOUR COUNCIL appears to have instructed you to recover unpaid council tax from me. This letter gives you notice that you are not being given peaceful entr

She's correct in what she's saying, the council are contractually obliged to hand the account to the bailiffs. The bailiffs can give the account back if you fall into one of the vulnerable categories, or if they are unable to collect any money.

Hi bones , welcome to the forum A managed loan is the worst kind of legal theft and very difficult to get out of. You could try pointing out to them that this is a short-term type of loan which should be re-structured to suit your ability to pay. But it may fall on deaf ears, in which case you may want to report them to the Financial Ombudsman Service(FOS) for failing in their duty of customer care ...... Treating customers fairly Have a look at the link below, it may help you with further action re your ML (there are also some other links on it for reclaiming bank charges.........) http://www.consumeractiongroup.co.uk/forum