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Showing content with the highest reputation on 12/02/09 in all areas

  1. There was an amendment in April 2004 The Council Tax (Administration and Enforcement) and the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment) (Wales) Regulations 2004
    2 points
  2. There is another thread going about eggs termination of agreements. http://www.consumeractiongroup.co.uk/forum/egg/136848-termination-egg-credit-card-13.html I have asked egg on several occasions to tell me what right they have to terminate my agreement when there is no default and they have failed to answer. I have warned them I will issue proceedings to claim back the £2k they have taken from my bank since the agreement was terminated and would like to go ahead. I am not sure what to put in the POC and would appreciate some help. I want to claim back the money, as
    1 point
  3. You say LCS solicitors, these are the in-house 'solicitors' of 1st credit. As 42man says, they've probably got this by default. What hasn't yet been mentioned on here yet (although you may have read it elsewhere on the site) is never speak to these 'people' on the phone. If they phone you, whatever you do, do not get charmed into paying something off for this alleged debt, not even a quid, if you were to do so and the alleged debt is not quite statute barred it will set the clock ticking again. Also, if you manage to scan the paperwork up here, remove all identifying marks and that includes ba
    1 point
  4. Does your contract state you are employed as a housekeeper? How long were you working in the servery? How long have you been employed with them? Ell-enn
    1 point
  5. Redundancy whilst on maternity leave would be a prima face case of unfair dismissal. I'm not uptodate on employment law but you should certainly complete an Industrial Tribunal appication form straightaway. the time liits used to be very short - and they may still be - and therey used to be unforgiving of late appications. The form used to be and IT1. I'll flag your post to the rest of the team
    1 point
  6. HI Landy do not give up yet wait for the 24th Feb I'll say no more I "may" have some good news at least sparkie
    1 point
  7. Hello and Welcome, watershed2100. Letter 'N' in the library is the CCA request, this should be sent with a £1 Postal Order and sent recorded, also don't sign the letter. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html Are your accounts with a Debt Collector ? Regards. Scott.
    1 point
  8. CAPONE do not do properly executed CCAs. The above letter should see off the Leeds losers. They may come back and say what they sent does comply with your CCA requset which it probably does but the pile of POOH that they sent will in no way be enforceable through the Courts.
    1 point
  9. Hi Mystic, sorry to hear about your issue.Firstly of all lets not panic and keep calm you have come to the right place . I am a novice on this site but with the help of this forum i have managed to win some battles, we still have time to put some spanners in the works. More experianced members will come along and help, but it would seem that they would have got a ccj by default, can you scan the interim order on to the forum (erase personal details) or can you find any details on it relating to ccj. Do not worry about sale of the house , that is upto the judge not the snotty debt company.And w
    1 point
  10. Hi there, Welcome to CAG. I'm sure you'll get plenty of help from the members here. I'm sorry to see that you've been landed with this but there are several things that can be done. Have a read of this to get you by until I can get back to you later with more details or someone may advise you further National Debtline England & Wales | Debt Advice | Factsheet 15 Charging Orders In The County Court Alos do a search on the forum for Charging Orders - you should come across some useful info.
    1 point
  11. http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/183077-swift-advances-mortgage-charges.html http://www.consumeractiongroup.co.uk/forum/general-debt-issues/181974-landy_alert-swift-advances.html
    1 point
  12. Thanks Supasnooper, have had a read of both of those and get the general idea - it's a lot to digest in one hit though and will take a few readings for it all to sink in. As my OH's DN was dated 6th Feb and received on 10th Feb with a DN date of 23rd I believe this to be one day short of the 14 clear days for the statutory deadline, thus possibly rendering it invalid? I'm hoping though that they fail to come up with enforceable CCAs for his two accounts anyway (the deadline was last weekend and nothing so far - account in dispute letter sent). So really the charges/PPI reclaim issue
    1 point
  13. hiya everyone just popped in for a while, thanks for everyone posting its helping me too keep positive fairyblue laters angel x:smile:
    1 point
  14. Just tried calling the number from my mobile, (witholding caller id first lol) It rings about 6 times, then a click, then the BT recorded voice saying, "The person you are calling has hung up." So it does sound very like a DCA's automated dialer, where when you answer, it puts you through to dribbling teenager with a script of threats to read out to you.
    1 point
  15. In theory, yes they could force a sale but it would need to be allowed by a judge. In todays economic climate, judges have been advised to help those who may face the risk of this happening, and would therefore set an order that the claimant could not sell the property. At the moment you are nowhere near that scenario. Let's concentrate on the defence for now Ok, just printed off the agreement paperwork and none of it fits back to front properly. If the account number is unrecognisable or not yours; and you can prove this (produce a statement with what you believe is your
    1 point
  16. Hi and welcome to CAG. First of all cancel the direct debit with the DCA, otherwise they'll just keep helping themselves to your money. Also refuse to speak to them on the phone. By phone they can bully you, and get you to agree to all kinds of things, then deny it afterwards if you want to complain about them to Trading Standards. If they do call, just say, "I require all correspondence to be in writing only please." Then hang up. Refuse to answer their so called security questions, and they'll be unable to continue the call. They can't keep increasing the amount either. As you
    1 point
  17. This same old tripe from RWC. If they are saying that the debt is a simple assignment under the Law of Property Act then they cannot take legal action against you it would have to be the Original Creditor. If of course it is an ABSOLUTE assignment then the ARE the Creditor as defined by S189 of the CCA 1974. That means the have the same rights and DUTIES as the original creditor. However they are still obliged under S 175 of the CCA to pass your CCA request to the original creditor. They are strictly true that even if the debt were UNENFORCEABLE then the debt may be still owed just
    1 point
  18. Sidhe You could remind both that they CAN be sued for harrasment
    1 point
  19. Hi Choco, I know it is a frustrating business all this but stay with it, even though it may take more time many believe, indeed as does Marc Gander believe, that the final outcome will be in favour of the consumer, although one can not say this for definite. Let me try to explain the legal arguments for you. Ever since bank charge reclaiming began there have been two legal avenues for claimants to pursue. One is that these charges amounted to a penalty and therefore under common law (not statute) these charges would have been legally unenforceable so you could have claimed a refund.
    1 point
  20. Hi there. Subbing to this. Good luck I am sure you will be fine though. One thing as soon as you can try and delete all your personal info. Sometimes the mortgage companies are looking around. olives xxx Sorry meant to say delete personal info off the letter xxx
    1 point
  21. Bathgate, I think it would be worth your while writing back to the FOS to justify how they came to this conclusion - Possibly as a FOI request. The House of Lords in Wilson set out exactly what 'unenforceable' meant. See Lord Nicholls at paragraph 49: So in my view the HoL has said unenforceable = inoperative. From well established principles: where a Act uses the same word in different places it has the same meaning in every case unless it expressly says otherwise and that words have their plain english meaning. The Oxford English Dictionary says 'inoperative' means "
    1 point
  22. Sounds good, I would also be tempted to state that the original creditor has not completed a section 78(1) Consumer Credit Act 1974 request submitted on xx/xx/xxxx, s78(6) Consumer Credit Act 1974 is active preventing the original creditor from enforcing the agreement at all either with or without a court order until it has completed the request. Heres the documents you'll need relating to this: http://i26.photobucket.com/albums/c104/telso/1-8.jpg http://i26.photobucket.com/albums/c104/telso/Image2.jpg http://i26.photobucket.com/albums/c104/telso/Image3.jpg I can give you
    1 point
  23. Have a read of these on DN's. I would advise and indeed implore all members to read through x20's thread on dodgy DN's and one of b_r_w's brain dumps on the subject. x20's dodgy DN post - A Tale of a Dodgy DN banker_rhymes_with brain dump - Default Notice period - 7 CLEAR days ? And yes, you have correctly identified the penalty charges made by MBNA.
    1 point
  24. I am sincerely sorry to hear that bad news, I can understand your feelings at the moment..........if the reason was of your activity on the forums makes me even more upset and angry....I do feel for you but then again....the same happened to that HBOS man Mr Moore and again shows the morality of Banks in general..................folks should demand their salaries be paid in cash and to hell with the greedy Bankers. I repeat I am sorry to hear about your dismissal. regards ...sparkie
    1 point
  25. Oooo Blimey. Hello SIB. I have read your post and I am so sorry you are feeling this bad. Some words of comfort for you. I am on the other side of where you are at now. Maybe for differing reasons but the outcome is the same. I feel bad for using credit cards, some I knew i could not pay back but in blind panic, they served a short term purpose. Being and suffering with depression certainly hasnt helped as it made my spending spiral. I FELT SO ALONE COS i COULDNT TALK TO MY HUBBY AS HE WAS OBSESSED WITH MONEY, ALTHOUGH NOW HE IS OK SINCE WE WENT BR. The best piece advice I have been give
    1 point
  26. This is a better sign. If you filed a court suit then the case will have landed in Egg's hardline law department who no doubt want to show their macho muscles able to scare claimants into a climbdown. This has been demonstrated before, with lawyers talkiing tough but at the last minute deciding discretion is the better part of valour. All the easy reclaims were submitted to Egg bsiness managers. It has not therefore been proven that Egg business managers have undergone a sea change escalating from doves to determined hawks.
    1 point
  27. Same letter,it does not comply with CCA good luck
    1 point
  28. They will threaten him with all sorts but at the end of the day the best that they can hope for if they take him to Court is that the Court will award them a quid a month. Dont worry about them sending anyone round. They have NO LEGAL POWERS whatsoever and should they threaten this then we have a lovely letter telling them to BOG OFF. I assume he does not own the house.
    1 point
  29. Hiya French, You two options FOS or Court, but bear this in mind if you chose the court option and your complaint is not upheld then thats it end off you cannot then go to the FOS. But if you took it to the FOS first and they did not uphold your complaint you syill have the court route to use. There is no time limit on mis-selling although the FOS can only go back as far as 2005 mearly because there was no Fos before this date but having said that if there is more than one policy and the loans where linked in some way for instance one is settled into another and the other was be
    1 point
  30. No, i don't know. This is the only copy i have, can't seem to find a finalised one on my PC. I think it should be OK though.
    1 point
  31. Alf....I would always recommend applying to set it aside, You basically have 18 days from the date you received it to set aside, if you set it aside outside the 18 days then I think it costs £30 to do this. (you can claim this back in costs).... You can find forms 6.4 (set aside) and 6.5 (affadavit) here in this link - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/86067-getting-statutory-demand-set.html If this was already disputed then this a wholly vexatious and an unlawful claim on their part, and I can tell you now a judge will NOT be pleased with Connaughts. (wh
    1 point
  32. Hello SB! Make sure you make it clear that what they have sent does not satisfy your s78(1) Requests, so the clock on that is still ticking. That is good news. Obviously, they may come up with it at some stage, but MBNA have been known to lose Agreements, and one of mine never materialised. I knew it was unenforceable anyway from the copy I have here...but just wanted to see what they would come up with! Likewise, if you see anyone who needs help, just jump in and pass on the help. That's how CAG works, and the greatest pleasure is knowing how much it hel
    1 point
  33. Hi there I had one of these vists a fiew weeks back, and it was because someone had reported me for having a partner living with me and i was looking after my friends baby 1 day a week while she was a college. I wasnt getting paid for doing this as she is a friend and a single mother who has just lost her husband. And my partner comes and stays for 2 days at the weekend, which he is allowed to do. Turns out it was a busy body neighbour that got her facts wrong. But if u have nothing to hide and tell the truth it will be fine and u have nothing to worry about. Let us know what happen
    1 point
  34. If the prescribed terms can be read on the T&C's, they will need to show they are part of the same document. If they can't show that, the T&C's aren't part of the same document, which will include the presribed terms, meaning the agreement is irredeemably unenforceable. (As it doesn't contain the prescribed terms) If they can show that, the agreement will be enforceable. The only way to know is to get them to confirm in writing whether these 2 are part of the same document/agreement. From what I've seen, it's unlikely this will be confirmed in writing. If that is t
    1 point
  35. The interviews don't have a set time. They average about half an hour but have been known to go on for an hour or more. Most likely as you have nothing to worry about yours will be nearer half an hour.
    1 point
  36. Hi vixta, been doing a bit of research into the cancellation rights aspect of your agreement. It would appear that the placement of the Right to Cancel within the agreement is of no consequence, but this could also turn on whether what you have been provided with, is indeed a true copy of the reverse of your agreement. These are the sections of the Consumer Credit Act 1974 that deal with cancellation rights: The only possibility of making it unenforceable because of the cancellation rights is did you receive a copy of the cancellation rights after the agreement was executed? If not,
    1 point
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