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Showing content with the highest reputation on 16/01/09 in all areas

  1. Well I had that argument with the inland revenue a few years ago regarding a client who had made losses for a few years but loved what she was doing. The man in the suit with the guaranteed salary and the pension scheme was convinced she was fiddling and just could not understand anyone working to make a loss. He reduced her to tears - stupid stupid man. If it is what you want to do then persevere. Life is all about dreams and very few people get to live them. But you need your partner's support, and I am sure you do have that. You are a Cagger now. You will get help to rebuild
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  2. Sadly, you are now waiting for them to find a suitable bit of paper that they think will suffice as an agreement for the service they claim you had. This may or may not enforce the alleged debt, a contract for service would not confirm the balance outstanding, but a combination of documents may. Unlike a Consumer Credit Act (CCA) request, where you can give them 12+2 days in which to respond, after which they have to stop any action, you've not given them any set timescale in which you would reasonably expect to hear from them. If it takes 6 months then they may consider this to be reason
    1 point
  3. Hi there, Q.10 is usually dealt with by way of a witness statement which sets out your reasons for your application. If you have a look at the Repossessions Forum you will see some Q.10 statements on threads which will give you an idea how to set it out i.e. http://www.consumeractiongroup.co.uk/forum/repossessions/175127-help-warrant-eviction-delivered.html posts 9 and 15 (Obviously the case law won't apply) Hope this helps Ell-enn
    1 point
  4. Anyone, who has had to deal with the public on their own, especially at night and when they're drunk, will have seen what frightening things are possible from the mildest most innocuous looking individuals. They will learn to "read" people - to quickly identify those (and they come from all walks of life) who are likely to turn nasty (possibly dangerous) if they feel they are wronged (men or women). These are the people who have an extremely defensive response to fear once they are scared enough, fear that can build up invisibly and turn into sudden violence with little obvious warning.
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  5. If they have terminated inappropriately, then the other get out is "unlawfull rescission of contract" they have unlawfully terminated and so lose all right to money owed Dave
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  6. OK. How much spare cash do you think your boss has? What i am getting at, is that IF you decided that the defamation of character caused considerable damage to your reputation, and IF you decided to take your boss on, the you might like to consider a/ how much it will cost you to seek advice b/ can you afford to see it through to its conclusion c/ is it worth it d/ if you did take it on, and your ex boss responded not by making you an offer to compensate you, BUT decided to go head to head, then have you got enough dough to beat him in a p*****g contest (because that is what it w
    1 point
  7. Ooops.. Pompey, what a farce. Still at least you now have some idea of what goes on and if it could be reduced to small claims then that will be much better as well. You also have a bit more time to read over your notes:) Sounds like your DJ was ok.
    1 point
  8. Hi atwozee, I use Photobucket to store my images, but most work the same way. Once you've uploaded to Photobucket, hover your cursor around the images and 4 link options will appear - the second one is entitled 'Direct Link'. If you click once in the box with the link you will have copied it. You can then paste it into the thread using the image icon above the box you're typing in (the 4th one from the right with a yellow square). Regards. Fred
    1 point
  9. Hi UK26 I will BACS you £10 to contribute to the costs , if we get 100 caggers investing £10 in your case then all your costs are paid? Whats you bank acc number or would you prefer a cheque for security reasons? Send me a PM . Lets see if we get enough caggers to fight experian and raise £1k. Or as i have always sUspected are the brits too compliant, deferential and submissive to their so called "superiors" is it the royal family spin doctors who have made most people in UK subservient? If we lived in Spain or France do you think we would get £10 donations very quickly an
    1 point
  10. Hi Dave, I do agree that there is a moral issue. Last Summer I was really struggling to keep up with repayments and a friend suggested I call CCCS to see how I could get the debts written off - she had herself gone bankrupt and said it was great once you had gone through it and got a clean slate. She did the time when she had a bad credit rating and now has more properties than I can count. She also had friends who had done an IVA and lied about all their assets - forgot to mention house in Spain. I can't possibly do that, I said. I don't want an easy option. I'll pay everyone b
    1 point
  11. Brilliant News! Tell your other half well done for being so brave and well done to you too for supporting him. Hope you can relax now and enjoy your home now you know it is safe
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  12. I'm currently at court stage with MBNA I did appear yesterday but it got postponed due to a staff clerical error wrong time on order. Anyway my witness statement is based on exactly this CLAUSE 8 or lack off! Maybe a good idea for you to check my thread here: http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-10.html What you need starts from page 10 if you need to use anything in my post that PT has help me with you are more than welcome. Regards Pompeyfaith
    1 point
  13. This is undoubtedly a very sad story. However, reading the comments so far I'm amazed at how many folk from this forum were present on the day and did nothing. I know many who frequent here are blinkered when it comes to bailiffs but this is already turning into a witch hunt before the true facts are known. While there is every possibility the bailiff behaved as most on here would expect, there's also every possibility the bailiff simply knocked on the chaps door, asked for the money in a polite manner and the chap agreed to pay. Maybe the chap said he'd have to go to a cash point and th
    1 point
  14. Purpleperson, your story is really heart breaking and puts a lot of things in perspective, i'm sure not just for me, but for everyone reading this. You've already got a lot of good advice from people, I myself found myself in a situation where I had more money going out in debts than I did coming in, but thanks almost entirely to the good people on this site, I have claimed ALL of my charges back and almost entirely cleaned my credit history, so every cloud does have a silver lining, believe me. I would definitely start on the case of reclaiming as much of the charges as you can, i
    1 point
  15. They are required to send you a true copy of the original agreement on request and it's obvious they don't have one - all this about Regulation 3 is them trying to bamboozle you with law irrelevant law. They haven't supplied you with a copy, they are in default of your request, and the account is in dispute - end of. Their letter is drivel. Until such times as they produce a copy of your agreement they are not permitted to pursue you for payment and tell them you will have no further correspondence with them until they do. That puts the ball firmly back in their court. From there they may pas
    1 point
  16. Top advice as usual from our Clemma!!! This is a straight forward warranty issue and I don't understand for a minute why BH put up a fight, 'cos it ain't gonna cost 'em owt!!! They are just so set in their ways that they only know how to be useless!! Good luck and keep us informed. PJ
    1 point
  17. hiya guys thought id say hello well i do want to hear about your jig and remember if they have defaulted incorrectly and then terminate you, i have been told on my bos thread, they can only then claim any arrears at the time of the default or termination, i hope its good news and im correct with what ive just said on the warpath with mbna myself later, i really need to update my threads, meaning to but life just gets in the way, lol hope everyone is fine and keep positive all, and fingers crossed laters angel x
    1 point
  18. When you request information under s78 of the CCA 1974 the creditor is supposed to send you a copy of the agreement and any document referred to in it. If the application refers to terms that aren’t on the application itself then they must therefore be in another document – a copy of this document must also be supplied. There’s no way round this argument for the creditor. They also need to supply current terms if the previous terms have been varied since the agreement was signed. The only time (I think) they can send just the current terms are when they send a copy of the agreement t
    1 point
  19. Ok you send them a letter, unsigned and recorded delivery. 1 High Street, Newtown, Kent R21 4RH June 28, 2006 The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Acc/Ref No 4563210025897412 You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on whi
    1 point
  20. Hello SB100! Thanks for the PM, will try to help. CrapOne are just being their typical useless selves in trying to avoid sending you a copy of your alleged Agreement in the Subject Access Request. I'd send them a Letter Before Action (LBA) in relation to their failure to comply in full with your Statutory Subject Access Request. Maybe use and edit the CAG Template. The main Library is below where you will find a few other letters that may also help: Bank Templates Library The S.A.R. LBA letter you want (edit to fit your own needs) is this one: Data Protectio
    1 point
  21. Hi How do you know BCW actually bought the debt, did they advise you they did. As for how much they would have paid I really dont know although reading through other threads it would have only been for a small percentage. Is the decree in joint names? If so then I think your ex-partner would be jointly liable. Again Rory32 is the man for this I am only learning from this fantastic forum.
    1 point
  22. If the judgment say that interest is payable to the date of judgment then that is all the interest that is payable. If they are continuing to add interest then that is in breach of the judgment and you should write to them pointing this out (politely) as it sounds as if they have made a cock-up somewhere. If they refuse to respond appropriately then go straight back to the court and ask how you can complain about them. In any case you haven't paid more then the judgment amount - and at £2/month you won't for some considerable time yet (if you do then you will be older than Methuselah!
    1 point
  23. So Argos are out of stock and not restocking - possibly because the manufacturer is not making any more (i.e a special purchase/manufacture) Where do you think they are going to get the replacement from? Legally Argos need only refund your money and there is very little you can do about it.They may as a goodwill gesture offer a higher priced replacement, but they don't have to.
    1 point
  24. but the other side is if you win ( and your almost there ) you get it back, dont let the barstewarts get you down
    1 point
  25. No agreement= no payment:D Send them this:) In Dispute Ref: Dear Sir/Madam Thank you for your letters of xx/xx/xx and 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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of
    1 point
  26. Purpleperson you sound such a caring person and your story is very like mine. Have you spoken to National Debtline? They can often help when Payplan and CCCS can't. You can do your own Debt Management Plan..I did one many many years ago. Remember the only bills you have to pay as a prioority are your rent, council tax and utilities. The banks can jump up and down as much as they like. Start your bank charges reclaiming..it won't really matter because the banks will just keep piling charges on and eventually close them. I haven't got any advice about your business debts but National
    1 point
  27. The only way they could send bailiffs round is if they went to court. If they did you would pay an affordable amount and as long as you kept up the repayments this should be ok. If they are talking about sending their field agents/ debt collectors to your house they have as much right as me knocking on your door and getting money off you!! Send them this or just have it ready IF they do knock- highly unlikely. Tell them to get off your property however "nicely" you want and that you will phone the police if they don't. STOP SPEAKING to the muppets, tell them you want everything in writing and
    1 point
  28. Hi Purple Person, feel for you sweetie. I was under a lot of stress myself 6 years ago and ended up having a breakdown. Was working full-time a midnight to seven shift for a solicitors in London had a 45 mile drive home. I was trying to look after two young children during the day, surviving on 2-3 hours sleep a day. I even started studying for a degree. Must've thought I was a machine. The father's children was an alcoholic and life was grim. One night I went to work and started crying and didn't stop for weeks. I couldn't write, I couldn't eat, I couldn't understand what people were
    1 point
  29. Hiya cadencealex and welcome to the HSBC forum . Managed loans are awful things, little more than financial slavery but they are legal. They were designed as an emergency measure to get you over a temporary problem and should be reviewed regularly by the bank to make sure the managed loan is still the most appropriate loan for you. As you have found they are rarely if ever reviewed so you are stuck with a loan that effectively lasts forever. I suggest you send the bank a Consumer Credit Act section 77 letter requesting a copy of your loan agreement to see if it says anything about ho
    1 point
  30. Oh, and I have just remembered one more thing: If you are not coping, and it sounds to me as if you're not, let's be clear on one thing: there is no shame in asking your GP for help. Sometimes, it just takes a few months on tablets to get things back in perspective. It's ok, and it doesn't make you a failure. It's taken me a long time to accept this myself, and I am far too aware of the paralysing effect that depression can have. So it might be a good idea to go and see your Dr. He won't give you anything if he doesn't think you need it. And btw, if paying for prescriptions is an issue,
    1 point
  31. A CCA is no use to a Mobile Phone account. Even the Leeds Losers know this. That said the still have to provide proof of the debt. You should demand this such as your contract with Vodafone
    1 point
  32. Actually this one might be better:) Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated 16th June 2008. It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1). You have provided me a copy of an application form and I feel it is my duty to draw your attention to some serious flaws in your comments. Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document
    1 point
  33. Hi Gaz yes as supasnooper has said this does make a difference. And I also stand corrected on my post in #272 above, which was based on what a barrister told me last year. The pratice direction needs to be updated though. The rule is now in CPR 6.26 which states " Deemed Service 6.26 A document, other than a claim form, served in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table – Method of serviceDeemed date of service1. First class post (or other service which provides for delivery on the ne
    1 point
  34. Errr... Have you read this thread? Also, check out my threads, here; The Consumer Forums But, to answer your question... 10!
    1 point
  35. 50p for a postal order-rip off but nescessary. Please say that you spent the extra £1.08 for recorded delivery too. The terms and conditions don't really satisfy your requirement.Time to sit back and see what comes in the post. fox
    1 point
  36. Contract law is very clear on this point. Remaining silent will only very rarely constitute acceptance (Felthouse v Brindley) as it is deemed to be unfair to impose liability on an unwilling offeree by stating "if I dont hear from you within 7 days you are deemed to have accepted". Even if offeree does wish to accept by remeining silent he is not unequivocally indicating tot he offeror his acceptance. see (The Leonidas D) and (Sandwell Metropolitan Borough) this is a contract that they cannot enforce as it was never accpted - to quote mossycat
    1 point
  37. Hello ML and welcome to the PPI forum, Read a few more threads to gather information. My fight has taken over 12 months and still ongoing on the last of three complaints check out my thread and use anything in there cobbled to your own needs to assist you. aa
    1 point
  38. You will need to send the 'embarrassed' defence which I don't have to hand at the moment but basically you need to say that you are unable to submit a defence as the claimant has not complied with your request under the civil procedure rules for further information. I think I did a basic one on Womble's thread but shout if you need help.
    1 point
  39. MY Goodness.... Lamma is STEPHEN FRY!!!!
    1 point
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