indeed.... and its a whole lot more satisfying

'my initial thoughts were - im so glad im part of cag and reading up on my rights that i feel better but i felt so sorry for those who out in the country dont know about cag and their full rights' ^ Bump !!

Was this on Dragons Den the other night???

THis is a pretty standard NR agreement. NR seem to be one of the few loans companies who actually know what they are doing (at least as far as agreements are concerned ). AFAICS, this agreement is properly executed (even taking s18 on muliple agreements into account) and is therefore enforceable.

The other thing of course is that the costs they've quoted are for the SJ hearing - you're entitled to costs for the whole of the case. So your costs of responding to the original claim and of drafting both the original defence and any amended defence are in addition to the costs of responding to the SJ application

Hi Rycord, I've moved your post into your own BC thread to avoid hijacking. I don't think the Dormant Co angle is a useful one to work with personally. Ignoring the CCard Co's, when the refuse to produce credit agreements, is a good tactic but may end up with a Default Notice and a court claim against you. But at least then they would HAVE to produce the agreement. And ofter they do not.

Your most welcome;)

The DCAs are morally bankrupt. If you work for one, do something important tomorrow. QUIT.

and you can duly file it with the others until they duly supply something thats relevant duly yours Ida x

Here is a template letter http://www.consumerforums.com/resources/templates-library/48-bank-templates/140-right-of-appropriation-stop-the-bank-from-taking-your-money- to take to the bank

So the summons is dated the 13th of July - you've got lots of time to file a proper defence What I suggest - if you haven't done it already - is do a proper Part 18 Request - I'm happy to draft one up for you - just let me know. I'll also help out with a defence nearer the time...It's going to involve assignments which are one of my special interests... In terms of getting on with stuff now - I'll sort out a CPR Part 18 Request for further information of the claim - I may not get round to doing it until tomorrow but I will sort it out I also need to know roughly when the card was applied for.

Looks like you're getting stuck in!! good luck David

Don't worry about it Scarlett. What you need to do is send this letter, filling in your details where needed to Incasso, by recorded delivery and unsigned. I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY. ACCOUNT IN DISPUTE Dear Sir, RE: Thank you for your letter dated(enter date). I must admit that I am rather bemused as to why this account is still being pursued by yourselves, as it is in dispute with Next and has been (date the 12+2 working days expired) . Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Pr

You have already had the advice that you need. IGNORE ! Don't write! Don't phone! DON'T PAY! And above all, don't worry about it. Bear in mind that it's not a fine! It's an unenforcible invoice. You'll get a few letters from the [problem]-monkeys. Then the next desk may send you a "debt collection letter". If you're really lucky, they may pass it back to the office cleaner to send you a "solicitor's letter". Ignore them all. The only thing that you need to deal with is a court summons which contains the official court seal......... About as likely as you winning the jackpot in the Euromillions! If they were ev

The £3 a day is legally know as 'liquidated damages'. It's a tool to scare you into paying, thinking the costs will escalate indefinitely. Legally, it's complete tosh and completely unenforceable, as is the original charge. How on earth are you causing them £3 loss a day? Tens of people ignore these unenforceable invoices every day. Expect 3 letters from UKCPS before they give up. Bear in mind they have taken a punt on taking 2 people to court in the last few weeks. I'm not trying to scare you, I'm being honest. Why they've done it I have no idea (their paperwork is truly shocking and their cases are flimsier than a very flim

google cell phne blockers and mobile phone callblockers i beleive there is cheap software also most phones have the facility to assign phone numbers to folders in their phone you could assign any DCA numbers to this folder then set the ring tone for this folder to silent!

I have a suspicion that the DN is going to be invalid - if it has default charges on it - that will cause them a problerm. The other issue is that of default charges generally - they are likely to be unlawful - either as penalties at common law or unfair contract terms under the Unfair Terms in Consumer Contracts Regulations 1999 I think that we should be able to do a bit more detailed defence than the bog standard holding defence. Yes you may be able to counterclaim for charges BUT there is a court fee payable on a counterclaim - however you can seek to set off the charges against the claim without a court fee being payable. Can I

If it is a single premium policy it is even more mis-sold.( As they have acknowledged). They are talking garbage about it not being refundable, if you have made all the payments and are not in any arrears or defaulted in any way then they cannot offset the PPI refund against any outstanding balance. As they have agreed it was mis-sold and were prepared to settle on £4,800 then that money if you were up to date with your payments should have been refunded to you by way of a personal cheque. Write an tell them they are not allowed to do this. If they do not reverse their decision then if is time for a serious complaint to the Financial S

Hi there, Welcome to CAG, I'm sure you'll get some good advice here. Have you read this thread ? - http://www.consumeractiongroup.co.uk/forum/legal-issues/200443-tactics-dealing-next-directory.html You should send Incasso this letter- http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

Send them this; Dear Sir or Madam, Account no ACCOUNT IN DISPUTE Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated ........, the contents of which are noted Your attention is drawn to the fact that this account is subject to a serious dispute. On ......... I requested that ........... supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date ........... have failed to comply with my request. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to ...........

I had the exact same thing happen to me. Mercers back off and then calder get involved. I just ignore them as they are proper idiots. Just let them write to you. One thing to bere in mind is this. Barclycard trading as mercers and mercers trading as Calder financial so they are all part of the same (in my opinion) crappy company. Calder are the worst and in fact I have got a recorded message from one of there phone people telling me to get down the job centre and get a job (despite the fact I am disabled lol. bang to rights. Get everything in writing and just keep disputing the account until you get a valid CCA. Calder may try and offer a F

Hi DJW, welcome to the forum Well , you have a number of issues to address there - but the first I think should be obtaining copies of the agreements and as you suggest, posting them on here for advice . Until you have that you have to really just hold on , but do a bit of reading round the threads on this site , so you can get an idea of how to proceed .......... You are right of course , the Bank should not have been lending further on Managed Loans - these are supposed to be a short-term measure to help someone through a temporary difficulty and are supposed to be reviwed periodically to see if they can be re-structured

When you get the Order can you post it on here (and pm me) and we'll then see what needs doing on the costs Normally they should be paid within 14 days of the date of the Order

Further thoughts.......... Re the PPI, if they agree to voluntarily repay what you want in full, they could set it off against other balances owing. However, if you have to file a claim at court for this because they don't agree to repay in full, you can insist on a direct repayment during negotiations. You would not agree to settle on any other basis and only Discontinue your claim when you have their written agreement to repay direct.

it doesnt matter if it was done in error, mistyping, deliberate, sloppy,incomptently or whatever there is a general legal principle that a man takes responsibilty for what he "puts his hand to" If he is not sure what he puts his hand to then he ought not to do so once done - its done agreement ended is the same as agreement terminated AGAIN if they were to use that argument now - it would be the same argument in 6 days 6 weeks 6 years!!

Great news - best of luck, Sunflower:)

Hi Ida:) No probs! The FOS told Mr Landy when he phoned them about his two loans with LTSB (on my other thread) which were settled in 2002, that the date they were settled is immaterial its the fact that they were mis-sold that counts. Its when you realised the PPI had been mis-sold that's important. I think alanalana has won a claim for PPI which dates back to 1998. Hope that helps! Regards, Landy x

Evening all, Did I here my name mentioned? By all means, use anything you can from my thread, although you`ll have to dig through it Although they think they have sent you the relevant T`s & C`s, and also the Prescribed Terms appear to be on the reverse sheet, their is nothing to indicate what the PPI costs? You have PPI ticked, but their is no reference to it anywhere. Nothing indicates how much it costs etc? I noticed this with my Lloyds TSB Mastercard also, just a tick in a Box and nothing else. Anyone could have ticked that box after you signed it. How do you know how much to pay? In which case, the mon

Hello Folks! Interesting Thread. It strikes me that a similar line of attack should be used against one of the Credit Card bankers, say, MBNA for example. There's little doubt they Securitise from day one, and ample evidence that thereafter they then work on boosting their cut from the Interest Strip they are allowed to keep over and above what they agree to send on to their SPV. I don't have the actual figures to hand, but most MBNA Cards start on Interest in the mid-teens say, 15%. So, at a rough guess, they Securitise at a figure within striking distance of that say, 12% or something like that. MBNA make 3% at the

here's the docs relating to 2/3rds costs - and

pt quoted from this in your tread this the full trial just in case you miss it __________ APPEARANCES: For the Claimant: MISS GARDNER For the Defendant: MR BERKLEY QC __________ Transcribed from tape by J L Harpham Limited Official Court Reporters and Tape Transcribers 55 Queen Street Sheffield S1 2DX BANK OF SCOTLAND -v- ROBERT MITCHELL 1st June 2009 APPROVED JUDGMENT JUDGE LANGAN: 1. I have to deal with an issue as to costs which has arisen on the informal discontinuance of an action. 2. The action was commenced on 21st May 2008. The claimant bank had, in December 2003, issued a credit c

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Hi, To be honest, I would put the past behind you and start again. Send a SAR to Barclays Enclose a £10 postal order send the letter recorded delivery They have 40 days to comply The SAR is letter 2 here: The Consumer Forums - Bank charges templates (consumer) AND send Mercers this (i know they are the same company): Harassment by telephone - Consumer Wiki Again by recorded delivery. When you sign the letters you could use this:http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=9902&d=1245343818 This is to remove the temptation for anyone to lift your signature (not saying t