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Popular Content

Showing content with the highest reputation on 21/07/09 in all areas

  1. So, if I understand correctly, you contacted them on-line, they phoned you to d/w the application and the account was opened in 2006 as a result. Did they send out any paperwork for you to sign afterwards. Apart from you saying you didn't actually ask for the PPI, is there any reason why PPI would be inappropriate for you (eg you were self employed, unemployed, etc). This would be another angle from which you could reclaim the PPI. With their dodgy paperwork, I'd be inclined to tell them the stuff they've produced so far clearly confirms their documents are highly questionable and you would therefor be happy for them to take yo
    1 point
  2. 1 point
  3. hello flyboyagain, I have had a look at your posts and links. Now I am no financial expert but I would say you are indeed paying interest on the PPI. The loan of £13000 would appear to include the insurance and IMO the loan and the PPI should be broken down into separate areas. One for the loan amount with the interest rate One for the PPI amount with the interest rate. Your loan by virtue of the fact it is one loan amount that the PPI premium would be a single premium PPI which have now been banned. I do not believe they can amalgamate the PPI into the loan amount and if they have they should clearly show the br
    1 point
  4. With a SAR if you have multiple a/cs with the same bank it will cover them all, just stipulate on your request what information you want. Yes
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  5. The defence needs to include all of the relevant info...it's rather difficult to draft it properly without the information. So if you can pm me all the info I'll sort it out tomorrow - I'll also do a CPR Part 18 request
    1 point
  6. Hi Sunflower Dont use the AQ to argue your points keep it simple and fact as you state you will have chance to argue later in your WS ,should the matter progress that far. Regards Andy:wink:
    1 point
  7. hi.it will fall off your credit file after 6 years it is then also removed from central court records. if it has not been enforced they need permission from the court,and a good reason why it has taken so long,but it could happen.like if you have avaided.moved around.etc. if it is sold to DCA they have 6 calendar months from purchase date to enforce,that is if it is over 6 years and they have DOA and original court details(as they have been removed) 12 calandar months if under 6 years and they still need DOA SAM:pLOWELL DETESTER
    1 point
  8. Similar story here. I have a PM from channel 4 complete with two telephone numbers to ring about my 1st Credit Sta Demand case. A mod can look at it if they want. You cannot trust reporters to promote anything worthwhile to the consumers benefit like knowledge of this site. Waste of time having my privacy invaded for people to get their own ends served.
    1 point
  9. It's a matter of construction, JonCris, in the case of the consumer credit act the words are that the agreement is unenforceable by the creditor. The contract is not void. Therefore, the law of restitution does not apply. In the Bill of sales act, there are two different scenarios. The first is that the BoS is not attested and registered correctly, in which case the BoS is "otherwise such bill of sale shall be void in respect of the personal chattels comprised therein". I.e. you can't reposess the goods. But the BoS is not utterly void, a debt still exists. Where the form of the BoS is incorrect (i.e. language is wrong) the BoS i
    1 point
  10. It all depends on when the final demand for payment was served. The LA would then have six years to obtain a Liability Order. Once they have obtained the order then potentially they could chase for payment forever. " Council Tax The council should not go to the magistrates' court and ask for a liability order for Council Tax more than six years after the Council Tax became due. This is under Regulation 34(3) Council Tax (Administration and Enforcement) Regulations 1992. Council Tax appears to be 'due' when the council sent a demand notice to you which may not be at the same time the Council Tax rate was set. It is important that y
    1 point
  11. It would seem they are different companies, solely based on their registered address From Company's house. Alabaster CI ltd PO BOX 776 First Island House Peter Street St Hellier Jersey Channel Islands JE4 8ZF Telephone: 01534-600444 Ocean Finance Trading as Ocean Mortgages Atlantic House Centurion Park Wilnecote Tamworth Ocean Finance Trading as Ocean Mortgages Atlantic House Centurion Park Wilnecote Tamworth Ocean Finance & Mortgages Ltd. Pacific House Relay Point Tamworth Im looking for help on this (in my thread), but I've added to orignal claim
    1 point
  12. HTH http://www.consumeractiongroup.co.uk/forum/legal-issues/72876-mercers-barclaycard-12.html#post1755248
    1 point
  13. why do you need a lawyer ? Represent yourself, be a litigent in person. file your own notices , send your own letters etc
    1 point
  14. I've drafted up the CPR Part 18 request - you need to put your details onto it, case number and court details etc and also need to insert the account number - its' highlighted and in italics at number three. You also need to sign it You need to send it by first class recorded delivery today NottyRequest for FurtherParticsof the ClaimWORD.doc
    1 point
  15. If anyone notices a posting making idiotic threats or advocating violence against anyone, please, please clicky the red triangle next to the scales on the right and report that post to the moderators.
    1 point
  16. Might I suggest another course of action other than the ringing because the point has been made by now I am quite sure about telephone harrasment. As an observer of the documentary last night you are quite at liberty, to write to Marlins expressing your feelings about the way Marlins appears to be administered. As I understand it, they have to deal with complaints. Maybe they are better with their complaints proceedure than other DCA's and you may be lucky enough to get a reply that you can share with all of us. It will give them some work to do.
    1 point
  17. It is Communication 2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner. 2.2 Examples of unfair practices are as follows: a. use of official looking documents intended or likely to mislead debtors as to their status, for example, documents made to resemble court claims. b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge c. those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is Repo
    1 point
  18. Hello Tonks! Blurdy marvellous! I really am delighted for you, as I know you have had a tough time. However, hats off to Andyorch, as I was out of the loop on the last stages, and he came up trumps. CAG in action nevertheless. Update us when you can, but chill out and enjoy the moment. Cheers, BRW
    1 point
  19. OK, I've reported the thread to moderators, because earlier on there were jokey threats against Mark's life... and because of the prank call thing. I just think it's the kind of thing that could be used against CAG. And it's going so far that the Protection from Harassment act could bite users in the butt. Need to keep the thread responsible, folks.
    1 point
  20. I think FunkyFox is right. To do this properly CAG should set up a fictitious sister website run by the same people and admin. Then we can all claim to be from the sister website when making these calls. Thus no comeback on CAG. I suggest Bramber.info (its available) Pookey
    1 point
  21. Sorry to burst anyone's bubble but phoning them might be playing in to their hands. As we saw last night, they are a devious bunch and would use this to their advantage if they can.
    1 point
  22. I'm fully aware that this will probably make me rather unpopular but I really don't think phoning up Marlins and abusing their staff on the phone is really the going to achieve anything, other than a temporary sense of mild satisfaction. Furthermore, to then post your actions on CAG alligns this kind of behaviour far to closely with this fantastic resourse, further undermining its credibilty in the eyes of the industry and the regulators. Not to mention that I'm pretty sure sure that using the phone system to abuse people is probably some form of criminal offence (and yes I'm fully aware of the irony of that in this case). Peoples e
    1 point
  23. I found this thread by tomtubby which may be of some help to you http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/195735-council-tax-bill-over.html I dont know if Tomtubby is able to receive pm's now, but perhaps it could be an idea to try her.
    1 point
  24. My "mate" just sent them this email to info AT marlinfs dot co dot uk. Dear Marlin, I have an outstanding debt which I am having trouble paying - you know what it's like when the going gets tough. Granted, in situations like this the tough get going but I'm at the end of my tether. The reason I'm in this mess in the first place is because a few years ago I said to my wife (then girlfriend) get outa my dreams and into my car. It was the biggest mistake I've ever made. She may be a Caribbean Queen, but Suddenly it all went Bittersweet. It was all spend spend spend with her. She's had the money and it needs to be paid back before
    1 point
  25. Solicitors Regulation Authority - Bogus solicitors criminal offence to claim to be a solicitor http://www.legalcomplaints.org.uk/how-we-handle-complaints/about-poor-service.page
    1 point
  26. I just watched it on 4OD, to mixed feelings. Overall, great that they have been exposed for what they are..and in reality I feel more research would have unearthed much worse behaviour and scenarios. However I agree with dx100 and others in that they left the programme hanging with the impression that there was nothing you could do about it, which could leave many people feeling even MORE frightened of them than they were before. For a balanced journalistic view alone, the programme should have included advice on consumer rights and how to deal with these companies. I was waiting for a "if you have been affected by the issues covered in
    1 point
  27. Trudy, When my step father died, my mother was handed a bundle of leaflets at the hospital - one of these was from the Probate Office. It gives the basic details of what needs to be done following the death. The Helpline is very useful - they are very nice, do call if you have any questions, they will send you all of the forms necessary. As there is a property involved, the estate worth is more than likely more than £7000, so you must apply for the Will to be proven and the issue of a Grant of Representation. This gives you, as Executrix, the power to control the estate: The Probate Service In essence you are charged with
    1 point
  28. My suggestion would be to wait to see whether the money is paid as suggested. The court may take a dim view if you go for enforcement when it appears as if the defendant is making an effort to pay. I would advise acting reasonably in this situation, as it strengthens your case. What is happening with any arrears? I would write a letter in response stating that you will hold action until the first week of August to allow the payment to be made, but if it is not, or payments are missed again in the future, you will proceed to enforce the judgement without further notice to them.
    1 point
  29. wow... i enjoyed that well a wee note for need sleep... i too would go straight to court.. forget the hardship.. they do not listen,, have a read of my thread and many others likewise. goin to court protects YOUR interests. thats what your after. The HSBC flouted all fsa guidelines with my account.. They just do not care. Taking it to court is a wee bit scary at first.. but eh if i can do it, so can you, and you will get alot of help from here. and mabe the sleep your after!!
    1 point
  30. Allways best i feel to tell it as it happened,the complete as it happened truth.In your case it sounds like the money i had coming in, wages hadnt changed for 6 years and due to ever increasing living costs i was unable to pay my financial commitments,credit cards,mortgage,anything you had just make it fit.I found i was living beyond my means,Till the whole situation overwhelmed me and could cope no longer.I hope you have taken advice from payplan or cccs or some other service,good luck keep posting,Tawnyowl
    1 point
  31. 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
    1 point
  32. Hi Gooner, I've run over the last few pages and see that Eversheds discontinued the case. That's great. First: DO NOT apply to set aside the notice of discontinuance. You have no grounds to. That Evershed's have not unequivocally stated they will not pursue you is irrelevant. If you applied to set aside you would lose and be order to pay Evershed's costs of your unsuccesful application. Next: 1 Produce Bill of Costs Your right to costs arises under CPR 38.(6)(1) and a costs order is deemed to have been made by CPR 44.12(1)(d) from the date the notice of discontinuance was served upon you. The deemed costs order is your
    1 point
  33. Get yourselves a travel card they cost £7 for one day or £20 for three days (0930-1630) you can use them on the bus, tube or Docklands Light Railway, DLR which if you are staying in Docklands will save a lot of money. You could buy them at Heathrow and travel by tube instead of bus. You can board at terminals 1, 2and 3 and get Piccadilly line to Green park and change there for Jubilee line which takes you to the middle of docklands. I dont know where you are staying but check with hotel the nearest station and what line its on. Have a good trip and remember to watch your pockets and bags.
    1 point
  34. Try adapting this, which is something I did for someone else in a similar situation to yourself - sorry don't have any time at the moment:- In the XXX COUNTY COURT Claim number XXXXXX Between: Sainsburys Bank and/or CL Finance - Claimant and xxxxxx - Defendant Defence 1. This defence is submitted following the order of District Judge xxxx dated xxx. 2. I am at a considerable disadvantage in preparing this defence in that I have not had sight of the Pa
    1 point
  35. Having considered the bill, it is clear that a costs order was made against you on 21 July 2008. But for the Defendant's status as assisted by the LSC, the cost of the hearing would have been summarily assessed on 21 July 2008. The ordinary effect of such an order is that the costs are to be determined at the conclusion of the proceedings. First question therefore: have the proceedings been finally concluded? If so, with what result? If not, what remains to be done? Next, taking each point in the Reply to the Points of Dispute I would comment as follows: 1-3 Counsel's Fees This concerned an interlocutory application for what I fig
    1 point
  36. For Spammie First off i hope your daughter got there safetly Noooo i don't mind you gratecrashing and thankyou for reading my threads takes some doing that soz if it made you blubber Thankyou for your support means a lot.All the family are good:rolleyes: I was rehoused in january :grin: hell and back in a handbag pmsl **LBT** lol
    1 point
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