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Showing content with the highest reputation on 12/06/09 in all areas

  1. Ok....Here's how things work...Please don't think I'm insulting your intelligence by the way, I'm just going to explain things in simple detail, hoping I'm making myself understandable. DCA's buy a portfolio of debts. These portfolios contain somehwere between 200 and 2000 'debts'. Said DCA's pay anything from 2p and 12p in the pound for the whole portfolio amount. The price is dependant on the amount of 'white data' contained with the debts. 'White data' is basically debtors details..phone numbers..current addresses etc. Depending on the DCA, they will (or should) send you a 'hello'
  2. Charging Orders A Charging Order is an order which secures a money judgment against the judgment debtor’s property or interest in a property. Creditors usually apply for Charging Orders as they are a reasonably easy method of ensuring the likelihood of them receiving their money back at some point in the future. Some creditors have a policy of applying for Charging Orders as a matter of course, some will apply as the debtor’s debt is large or their total indebtedness is high. Some will try the Charging Order route if they are offered a nominal instalment amount by the debtor, or that
  3. Write back and ask for the missing / extra info ...
  4. Hi I think I'd write and take them up on their offer of extra information and ask them to confirm that they do not have the CCA.
  5. Corrie star helps write of Bank of Scotland debt Natalie Martin 11-Jun-2009 Coronation Street star Michael Le Vell, who plays Kevin Webster in the TV soap, has helped a Wetherby man to successfully get £15,000 of credit card debt written off. Le Vell, a director of claims management company Ratio Money, attended Leeds County Court with a leading QC to support a self-employed 60-year old man in his long-running dispute with Bank of Scotland. Mitchell originally had a judgement against him after delaying payments to his credit card while he waited for the bank to supply specifi
  6. They morally need to sort him somewhere else for a start,dont worry someone with the knowhow will be along,Im just bumping your post up!!
  7. I would think so as they are both contracts under seal
  8. Hi Blondie I’ve had a look at the documents you have posted and it does seem you have been the victim of the system. So that other Caggers can appreciate the issues, I’ve set out below a time line of events as I understand them and also reposted a couple of the important documents. In my opinion, there are some major flaws in which the court has operated but the application you made isn’t the best I have seen and probably have gone against you. It shouldn’t have done and you should have been able to defend the case by just using the form you filled in. However, that didn’t happen and I
  9. Send them this after inserting your information. Dear Sirs, I acknowledge no debt to your company. Account in serious dispute. Re account noxxxxxxxxxx and my request under the Consumer Credit Act 1974 I am in receipt of your letter dated xxx2009 and note its contents. On xxxxxxx2009, I wrote to MBNA requesting that MBNA supply me a true copy of the executed credit agreement for this account. You appear to be under the impression that you have sent "a true copy" of an agreement, In response to this request, when in fact I all that have been supplied with an un
  10. If the debt is over 6 years old and you have not made a payment towards it or acknowledged it then if it was me i'd send this letter here (NOTE Scotland is 5 years for statute barring and requires a different letter) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred (send this recorded delivery) Once you state that you have no intention of paying towards a debt that is barred by statute, they CANNOT continue to harrass you, if they do please let us know.....once you send the letter above, you shouldn't hear again !! - h
  11. Loan, overdraft, credit card? if credit card then cca if loan then cca if overdraft then sar
  12. the SAR will give you the evidence for the case. For the set aside the not living at the property and not receiving court papers is key. You cant prove a negative so its difficult to prove you "didnt" live there but you can prove you lived somewhere else. Utility bills that have the new address for around the time the court papers were issued would be pricless, Letters to utilites asking to change billing details, letter to council to change Eroll info all these sorts of things count as showing you lived somewhere else. S.
  13. The law is on your side - I don't just think it. If a company was entering defaults on my credit reports without any proof whatsoever that the debt existed and was mine, I'd be raising a Small Claims action against them to remove the defaults.
  14. Just note that my experience with HSBC/First Direct is that they will take it to the wire. My settlement was immediately before the court case. I would suggest that you ask them to explain why the quoted case does not apply to them. Also log every call and in your defence you can then claim tel harassment - further reason for the courts to award damages.
  15. If only you had the time, you could be a professional letter writer. Your use of the obvious to these muppets is second to none. Just a shame they won't understand it as you have used words of more than 2 syllables. Ps - Thanks for the compliment
  16. Hi WelshWizard... Try a read of this... http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191791-knocked-back-dca-sec.html S.
  17. It is all a con.Sometimes they do not even have a legitimate contract with you. Even if they do, they are not entitled to the amounts they claim. It is a golden rule in damages under contract law that the party awarded the damages is NOT permitted to make a profit. They are ONLY allowed to be put in the position they would have been in but for the breach. So if parking cost £1.00 per hour and you stay for two but only pay for one, what is required to put them in the position they would have been in but for your breach? Easy, £1.00 and not any telephone number in favour with them on that day.
  18. Hello BritishPhoenix! Firstly, welcome to CAG. You will get help. Sorry for the above reception, that is not representative of CAG. I know the hassle you are going through, and totally understand the way you have tackled it. Indeed, I wish I had done the same, instead of working like a dog, in the deluded assumption that bankers were reasonable, and were trying to help. At 01:10, it's too late to start advising, so I'll come back to this in the Morning...indeed, make that the Weekend, as I have a few jobs Tomorrow. But the key now is to draw up what can only be called
  19. Found this on Cornucopia's MBNA thread. Hope she won't mind me posting it here too. Made me laugh 'til I cried and thought some peeps on here might need cheering up; A newspaper ran a competition asking for a poem with the most romantic first line, but the least romantic second line. Here are some of the entries they received: I thought that I could love no other Until, that is, I met your brother Roses are red, violets are blue, sugar is sweet, and so are you. But the roses are wilting, the violets are dead, the sugar bowl's empty, and so is your head. Of loving
  20. Hi goin4it , welcome to the forum It's great to see you've done your homework and your plan of action for your personal account is spot on ......... As regards your business account , I'm no expert on this I'm afraid , but there is a link on the forum which will probably help : Business claims for bank charges - The Consumer Forums By all means come back and ask if you've got any questions on your personal account (or Business for that matter), someone will answer ... and we're user -friendly .
  21. Write to the cretins at Mhall and tell them to remove your mum's phone number from their database/back of envelope whatever. tell them to confirm they have done so in writing. Any further calls to that number will be treated as harrassment and the matter reported to the telephone regulator and the police. That is a separate offence to the other matters so it is important you write. Also write and ask MHall for a copy of their complaints procedure. They must send you details - Ignoring your request is a cause for complaint in itself. Then make a complaint stating they are rude, aggressive
  22. 42 Man Ime Glad We Think Along The Same Lines The Usual Crap From A Certain Insurance Co Is Bog Off Corporate Sensativity Only A Disclosure Order Through The Courts Would Force Them To Release This Data We Are In Need Of A Cast Iron Template In Law To Use Go For It
  23. Hi, I think you now need to send in a defence statement t court and I can help you write that. Gather together all the correspondence you have sent to Preferred and also their letter to you. Put in date order and we will send in copies of it all to back up your statement. You will also have to let the court know that you are unable to attend the hearing - it is very unlikely that Preferred will agree to postpone the date, as they will think your non attendance will work in their favour. However, with a good defence statement you should get a suspended possession order. Ell-enn
  24. I cost Royal Mail at least £5k on 1 case that had 3 court hearings. I lost due to their exemption from Cirminal Responsibility built in to the Postal Services act. All I wanted was my £180. Did I feel any better? Only when the judge agreed it was a bum deal and refused to award expensed due to their ongoing bad faith, but I had to waste a lot of time too. Just be careful, as there's no such thing as a 'sure thing' when you go to court.
  25. Most county courts now have a duty solicitor. May I suggest that you take your paperwork, plus the hearing letter down to the court and see what the lawyer can do for you. If Preferred are subscribers to the Mortgage Code, then you might well have grounds for getting the hearing set aside. This is because a possession hearing should be the last resort, not simply a timed process that Preferred follow without regard to communications and offers. The courts time is valuable and should not be used when there is any other way. If Preferred are ignoring your attempts at finding a solu
  26. Sorry to hear about the problems, im not sure if your mother is Fully Comprehensive but the details below may help: If you make a claim for an accident that is not your fault and the driver of the car that hits your car is not insured, you will not lose your no claim discount or have to pay any excess. Conditions We will need: • the vehicle registration number and the make and model of the car; and • the driver’s details, if possible. It also helps us to confi rm who is at fault if you can get the names and addresses of any independent witnesses, if a
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