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Showing content with the highest reputation on 28/01/09 in all areas

  1. Fortunately none of these calls actually get through to me,my home phone doesnt even ring when they are calling as they are on my zap list, the phone just plays them a message telling them i dont want to take their calls and not to ring again;-) Its the true call telephone monitoring system i use which is promoted and has reviews on this site, its a fantastic piece of equipment so thought ide give it a bit of a plug,and show how effective it is in keeping out those unwanted dca calls away:lol:, i see theres also a discount for cag members purchasing one . http://www.consumeractiongroup.co.
    3 points
  2. I've been asked to post a little more detail of what I said to HSBC so here's the first letter I sent
    2 points
  3. Hi there, I've looked at the scans you've posted. A few discrepancies I've noticed - 1/ The first scan is obviously a microfiche scan, which may suggest that they don't have the original agreement. 2/ The second scan has the top left hand corner of the document folded over. Are these scans of one and the same document ? I doubt it. The first question I would be asking if \ when the case gets to court under CPR 16.7(3) - Can you produce the original agreement for the court to view ?
    2 points
  4. Its not unusual for this to happen,I have had 2 such cases. Directions hearings are usually straightforward.Obviously the defence you submitted will not include everything for a trial.What you need to put together then is a bundle. There is a list of what you will need in there,in the library here.May also help you to look at a couple of other cases similar to yours thats either at a similar stage or else been sorted. I noticed Steven has been helping you I will alert him to this.
    1 point
  5. To be honest I think what I am going to do is nothing. I have stated my case and could not care less if they agree with it or not, its not their place to make a judgement. If they try to take us to court then so be it, I will put up a good fight but at the end of the day if tehy get a judgement I can only afford £5 a week anyway. In my experience of dealing with people, they only get defensive whe they know they are in the wrong, as in this case. I can't see them doing anything but harrassing us anyway, if they want to take me to court then I say, bring it on !
    1 point
  6. Already posted Michael http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180162-further-glimmer-hope.html
    1 point
  7. Hi Paul Where to start! I will give this more thought, but my initial thoughts are: 1) Offering a Compromise Agreement to an employee is a legal nightmare for your employer - it appears there was no 'extant dispute; to compromise Google BNP Paribas v Mezzoterro - this action alone could give you grounds for a CD claim - depends what you have cited in your ET1. Thank god the solicitor you saw advised you not to sign - this was clearly GOOD advice please remember this next time you hear someone slagging off solicitors 2) Refusing to provide written reasons for dismissal - this w
    1 point
  8. Good result Bobbsox, well done. Regards. Fred
    1 point
  9. Hi Pudsters Read the last few threads with interest as I'm up against MBNA myself. Bit puzzled why you are putting in a witness statement though. I assume you have put in a defence which includes a lot of what is in the statement. You also seem to be setting out a skeleton argument which I think is a different document filed later in the proceedings. I don't think you need to copy our chunks of the Act or cases but should have these ready to put together in a document bundle (again a little bit further on). Perhaps someone else can comment? That said, I think you need more about
    1 point
  10. There is a thread here with some advice... http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/118612-can-anyone-help-csa.html Also, may be try googling 'csa help' ?
    1 point
  11. Right, under your CCA request the provider can use this The requirement for such documents to be “true copies” is set out in regulation 3(1) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983. Regulation 3(2) provides that the lender can omit from this document any signature and/or signature box, so although the card carrier is the executed copy, it does not have to (and invariably will not) bear the parties signatures. They also use this to omit ANY information and just send out recent T&C's So, they can send back more or less anything und
    1 point
  12. The default notice is a joke.... i quote the following from Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) Quote: SCHEDULE 2 FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY Regulation
    1 point
  13. As pointed out - it's not quite that simple, but near enough... The debt collection agencies have only themselves to blame. By using heavy handed tactics they force people to look for ways to tackle the problem. A lot of people end up here on CAG and get an answer that works for most people, although there are a few exceptions. CAG handles but a small percentage of the millions of debt collection cases per year, but word is spreading and the DCA's are getting worried, to the point they would dearly like to see CAG taken off the 'net! The Consumer Credit Act 1974 (CCA) was writte
    1 point
  14. Do not be afraid of your letterbox. All it does is bring empty threats from the empty heads in DCA Land. The DCAs have NO LEGAL POWERS whatsoever. In fact most of them appear to break the law on a daily basis. Look forward to their letters and laugh at them. You wont receive anything that hasnt been posted on here hundreds of times. Treat them as you would a piece of dog pooh on your shoe.
    1 point
  15. id send them something like this.. amend to suit,print off, send by recorded delivery and wait to see what happens.
    1 point
  16. 'my rational head thinks its the tracing dept so I'll ignore ' Yes it probably is, it'll next be transferred to the coloured crayon department.
    1 point
  17. Hi Katie Sorry I had no time yesterday, comments on your proposed AQ etc. below: 1. In G suggest: The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated xxx isued under CPR 18 I asked the Claimant to p
    1 point
  18. What you do is write to them concerning each item, email it as well, with an email copy to each person who should be concerned i.e. council tax department, head of the council tax department (separately), your councillor, your mp. This is important because you have good grounds for complaint, and if you do as I suggest you will be seen to be reasonable - giving the bailiffs the opportunity to correct their "mistake". We know charging for work not done is fraudulent and so do they, but you should point that out separately in writing in each case. It's worth the effort.
    1 point
  19. Absolutely, "Council Tax (administration and enforcement) regulations 1992 (5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into."
    1 point
  20. I would now write to them requesting that they return the balance to zero and discharge your liability. That's what I did. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/93884-wescot-rbofs-oh-dear.html
    1 point
  21. Can you post up the default notice so it can be checked (remove personal details)
    1 point
  22. Sorry for not getting back to you on that thread. The procedure for making an incidental application is quite straightforward but, if you do run into difficulties, the sheriff clerk will be able to offer guidance. The incidental application should be taken or sent to the sheriff clerk. The sheriff clerk will then fix a date for parties to be heard on the application . If the person making the application is a private individual or sole trader, and not represented by a solicitor, the sheriff clerk will send a copy of the application to the other party. At least tw
    1 point
  23. Piston likepeople have said when you CCA a DCA dont send a cheque send a postal order and I do hope you didnt sign any letters that went with them, you will be surprised by this but whats the bet they will give you oh yeah letter we will get in touch with the original creditor and get the cca of themand pass it on to you, you will be amazed that they might say to you oh blah blah blah we dont have a cca and neither does the original creditor, I to am being chased by this lot and gonna cca them this week along with 4 other accounts that Lowell is trying to collect on and one with the other dick
    1 point
  24. I think you need to tell a little bit about the particulars of claim ( without identifying too much about yourself) eg is it "credit agreement with xxxx, assigned to yyyy... deafult notice issued zzz claiming amount aaa", or something different.? General holding defence would be "neither admit nor deny, frustrated in pleading..". etc (see other posts, such as CreditCardMug's excellent thread). http://www.consumeractiongroup.co.uk/forum/legal-issues/152183-barclaycard-lewis-cl-finance-1.html Whatever you put in defence, nothing happens until the next stage (AQ) when each side ha
    1 point
  25. hi piston, yes £1.00 per account postal orders only do not sign cca letters only print your name at the end i.e mr/mrs PISTON BROKE, lol. I would send off all four in seperate envs recorded currently stands at 1.08 per letter. I would send off all four seperately so u can match up each postal order reference with each recorded letter so u know which if any have been cashed and to which cca it refers. regards tronny
    1 point
  26. Here you go just copy and paste this into a word program if you dont have one of these open office is a good one that is compatible with microsoft office and its free too. As i say once copied and pasted just edit it to suit your needs. Your address Their Address Date DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST Dear Sir/Madam Your name: xxxxxx Account No/ No’s I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit car
    1 point
  27. ahhh thats ok then. seems that all bailiffs get tarred with the same brush but I guess if u did get a visit from a helpfull one then theres no need to post on here. Bit like all plumbers **** in your water tank etc
    1 point
  28. 1 point
  29. I think could be better worded: I have attached an image of the DualCalc calculation which you can use in your claim. The court will accept DualCalc output as evidence in CCA cases.
    1 point
  30. Send Cabot a letter for each account, with a £1 postal order. DO NOT SIGN THE LETTERS. They have 12+2 days to get a copy of your consumer credit agreement to you, or the debt is unenforcable until they do. Meaning that if they cannot come up with a valid CCA then you do not have to pay them anything at all. Check out this letter below. Send it recorded delivery so you know they have received it. I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. Re: Dear Sir, With reference to the account above I would be grateful if you could send me a
    1 point
  31. If they have not been in your place before they can NOT enter and you don't have to let them in, So keep all windows and doors locked and if you have to speak to them do it through a upstairs window ir your letter box. Do youself a repayment plan And send to the council with a payment if possible, then Just keep paying the council direct I can assure you they won't refuse payment. Then write to the bailiffs and tel them its not against the law for you not to pay them and they will not be given peacful entry to your home. Please don't call them as they will try and tell you your
    1 point
  32. Hello Pudsters14! The following Post by PT2537 on Pompeyfaith's Thread may help: Help - Post #197 Cheers, BRW
    1 point
  33. Knew I'd seen it somewhere - post #67 http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html?highlight=hearsay
    1 point
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