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Showing content with the highest reputation on 14/07/09 in all areas

  1. I would suggest including all debts whether they are enforceable or not, in order to get all of them cleared within your DMP. You may continue your pursuit with them, but just keep CCCS in the loop x
    2 points
  2. Take the P Order back to the P Office that issued it - they will say if you can get credit for it.
    1 point
  3. Now I know that MBNA can do some silly things and I know that they are invincible!....but, this is something new from what I can see. I think that they are up to something. I do not know just what at the moment, it may just be financial suicide, but I do not think that is the plan. So, they obviously believe that they can claim the whole balance in the default notice and still claim that the account is running and not yet terminated. Could it be that they are entitled to the amount stated because the T & C's state that 'You or your legal representative must pay your whole balance if - you fail to make a payment in full when
    1 point
  4. no response needed as they say they will contact when they have the cca ida x
    1 point
  5. by that date its Statue Barred , over 6 years however there are those companys that TRY to chase these type of accounts , your simple answer is to tell them you know nothing about it and the fact it Statue Barred, there are template letters etc for these on the forum do a seach on the forum for Statue Barred it will tell you more
    1 point
  6. Ok the agreement looks fine.We presume the DN issued in 2008, which BTW is also ok,apart from the lack of service time to be delivered,but lets not let the case hinge on that, was rectified.Can you verify this from your statements? You did recieve a full set with your S.A.R? Threfore as things stand no DN as yet been issued or formal demand come to that.So on that understanding i would suggest sending Shoos a Sec 77 request headed " I do not acknowledge any debt to your company" enclose a£1.00 PO print name send recorded letter N in templates lib.and lets see what transpires,have they got the legal right to collect? is where im going with t
    1 point
  7. chained doors and changed locks i hope ive been waiting two years for this moment:-)
    1 point
  8. Hi Bozalt Right just seen the date on the DN you posted.Ok the Shoos letter strange that they are accepting payment on behalf of A&L and as they state the reduced payment is not enough to stop legal action but pay us anyway:confused: guard that letter with your life. Where are the above figures you quote from Bozalt? Regards Andy
    1 point
  9. you should only be worried if you are hiding something but i know you still get worried incase you missed somethin, vicious circle any how i will send you my bank details and you can transfer all your millions to me to hide it let us know how you get on and by the way on thursday a 17 year ods spotty kid will show up with a camera phone and wonlt say anymore than 2 words to you ida x
    1 point
  10. Hi hoohizzel:) I've had a read through of your thread as promised - I can quite understand you saying you've been scouring the forums for so long looking for answers as there's so much information to take in it becomes all-consuming if you let it - which is not a bad thing as there is so much to be learnt from the extremely knowledgeable members! I will try to help you as much as I can - I put together my own letter of complaint to the FSA and sent it to - The Waivers Team The Financial Services Authority 25 The North Colonnade CanaryWharf London E14 5HS In it I catalogued the story so far with our complaint to L
    1 point
  11. Totally agree JC, he doesn't have to do it for them. However, I would suggest he at least does it for himself. He might be surprised by what the form (I presume he is referring to 395) actually or rather doesn't say
    1 point
  12. What they're basically saying is that a pre-existing medical condition will not render the policy useless as you would still be covered in most cases if you were made reduntant (for example, as long as that wasn't in relation to the pre-existing medical condition). You could maybe write back to them, thanking them for their response but add on something along the lines of "I reiterate that I believe I was mis-sold this policy because I was Suffering from a pre-existing medical condition that could affect my insurance and was not made aware of this by the salesperson at the time." If you’ve had medical problems in the past it's
    1 point
  13. ccs collect. ignore its for a PPC from morrisons car park. srj ignore too. as for CLS i doubt that will go anywhere either. certainly not a court !! ignore that too. there all sorted! dx
    1 point
  14. Lots of dealers do this, clean it up and hope it don't show for a few days and then say 'use the warranty'. Take it back to the dealer and show him what you have been given by the other garage and 'tell' him he has 7 days in which to sort it or you will reject the the car as your right under soga. You don't just want the oil cleaned up, you want a new crankshaft oilseal and cam belt fitted as well as the other things. If they refuse, you take it to the other garage, (you will have to pay) and then send them the bill giving them 7 days to pay or you will take it further.
    1 point
  15. if you signed an agreement that was passed to a dca and on the original agreement it stated that if account is defaulted they can pass to a dca and this would include fees or interest etc but only ever seen one before like that. most agreements do not have that provision in them (was many years ago) ida x
    1 point
  16. No problem Patma, will keep checking back and adding if I think it will assist, although the legal side goes way over my head but sounds like TLD has that well in hand. Yorky.
    1 point
  17. It's surely a testament to how screwed up the financial climate of the common man is in this country when something portrayed as being the final admission of failure (Bankruptcy) is actually a moment of genuine happiness and joy. But the fact is, despite the attached stigma, Bankruptcy can make people's lives far better and far far happier. Personally I prefer to try and pay off all my own debts, but being in debt, I understand how sometimes its just not possible and I personally respect people who take the Bankruptcy road despite the stigma around it. In many ways I wish that everybody who has serious debt would take Bankruptcy jus
    1 point
  18. TLD, thats just it - the rotor is NOT connected to the casing by any means - if it was it would never rotate within its stator, it would be fixed solid. I 'suspect' that any damage to the casing has probably been caused during maintanence trying to fix things with 'a bigger hammer' ! I think they have copletely shot themselves in the foot, principally by showing a lack of knowledge of their own equipment and consequently what they can accuse Fred of! Yorky.
    1 point
  19. we will know prob about 5 what the situation is with cattles my money is on a winding up order
    1 point
  20. IF there is a leaking shock absorber, then the vehicle is unroadworthy (MoT failure) and you should write to the supplying garage rejecting the vehicle for a full refund. Forget the 'warranty'; it is not worth the paper it is printed on.
    1 point
  21. Scatz is correct. There is nothing in law to say that you have to provide a receipt, only a proof of purchase. A bank/credit card statement will do it. I know the DVD player won't show by itself, but if they are really that fussed, they can track the purchase themselves from that receipt.
    1 point
  22. hmm...just wondered if there might be any merit in 'throwing in' a CPR 31.15 request for inspection of the original document(s) mentioned in their claim. Failure to acquiesce to CPR 31.15 or 31.14 leads to CPR 31.21 which states they can't rely on a document for which they fail to permit disclosure or inspection.... unless the court gives permission. Alternatively..in your N244 application, their failure to fulfill your CPR 18 request could arguably frustate proceedings as you have been hindered in filing a fully particularised defence...dunno ...just 'tossing ideas' There is a link here to a claim which was won against a claimant
    1 point
  23. hi janitor, has the court asked for all this? IGNM shows how to set out a skeleton argument here in post 14 and his defence is post 6, which includes much of what u need i think (the underlining is for the amendment so dont include it). as i understand it a skeleton argument expands on your defence and can show all the statutes and case law that you are relying on to back up your case. http://consumeractiongroup.co.uk/forum/debt-collection-industry/191754-arrow-global-ignm-1st.html i used his template here post 177/178 which may have some more info of use: finding faulty cca agreements after a ccj?? - Page 3 - The Consumer
    1 point
  24. If DN and CCA are not correct, you need to emphasise it with the case law, so the Judge can be steered your way. Make sure you dont fall for the moral argument by the other side (or the Judge). Try to keep them to the legal arguments and precedents set before. Hey who knows, they may send someone who hasnt a clue, or may not even turn up. Stay calm ( If you can ) . If they are waffling, make sure you stop them and make them repeat themselves
    1 point
  25. Having the correct policies in place is of no use whatever unless management ensure compliance. If Herr Obermaier's weasel words are supposed to be some sort of excuse for the CSA member failing to comply with its obligations, he's doing a particularly poor job. The company is still responsible for compliance, and should ensure it supervises its staff properly. I wonder if English isn't his first language. In order to assist, then:
    1 point
  26. Hi Jordash57 and welcome. You should start a new post as otherwise your question could get missed. A x
    1 point
  27. I thought that you sent it yesterday There is no requirement that says when you should serve a skeleton - I've done cases where we've had the skeleton on the day of the hearing - although it is of course usually best to serve it as far in advance as possible. The idea is to let the Judge read it in advance of the hearing. There won't be a problem with it
    1 point
  28. I know its more expensive but I'd consider doing SD to the other side, wouldnt want to give them a chance to say they havent received it. S.
    1 point
  29. Perhaps quote the OFT guidance on debt collection (http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf)
    1 point
  30. Hi MDAW, As car2403 has suggested, a Witness Statement must rebut every paragraph of the claimants Summary Judgment application. Why not have a crack at doing one as it will help car2403 out ( I do know he is very busy at the moment.). I would advise doing this as it is your case and you will be the person presenting the opposition in Court. Look at it as an opportunity to revise your case and get to know it better. Have a go and post it up. Have a look at the WS I used at my SJ hearing - http://www.consumeractiongroup.co.uk/forum/show-post/post-1903956.html I think pt2537 has done a piece on WS's somewhere
    1 point
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