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Showing content with the highest reputation on 23/07/09 in all areas

  1. Have received this in reply to my complaint about Marlin on Dispatches: Consumer Credit Act 1974 (the Act) Thank you for your email following the Dispatches programme about debt collection practices, which was aired on Channel Four on 20 July 2009. We have noted your comments both in relation to the Dispatches programme and Marlin Financial Services. The Consumer Credit Act 1974 (the Act) established a licensing system to protect the interests of consumers in the credit area. If a business wishes to undertake the collection of debts that arise from consumer credit agreements then the Act states that th
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  2. car is exempt from having road tax and mot for the journey to mot station only after you have made an appointment , if you pass tax exempt to return home , if you fail you get vt30 on vehicle , you are mow exempt from tax and mot , to and from place of repair , and back to mot station
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  3. So they have dragged their feet through out and with no regard to the DJ orders.They have made no disclosure list therefore they dont need to disclose what they intend relying on.I would advocate making application to strike out Lisa and put an end to this fiasco.Im sure the DJ would have great delight in approving it. Andy
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  4. Well you have left it a bit late to ask so all you get so far is me and hightail and I am no expert. However, my understanding is that you can drive to a garage for an MOT. So hopefully, in the event that you are stopped which i must say would be very unfortunate, you will be on your way to the MOT and will explain that calmly. You can invite them to contact the garage for confirmation that you are booked in and you should be ok in my opinion. If you are pleased with my response please tilt my scales and my name is Pedross p.s. if anything goes wrong I am popeye the sailorman.
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  5. As far as I know you are allowed to drive the car to the MoT test as long as the test is booked. Unless the service garage and the MoT centre are in opposite directions you should be OK - not strictly legal but OK.
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  6. Gary, There might be something here that will help. The Consumer Forums - Challenge a default on a disputed account Lex
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  7. if they have not go the dn's ( i presume you had sent sar) and you have written confirmation that no DN exists then it's a breech. have you thought about for starters sending a detailed letter about it and asking for compensation? at least this would give you time for more research as too how to go about it ( i am trying to think where iv'e seen something similar and will post it if i can find anything) IDA X
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  8. To clarify Telephone hearings in civil hearings were introduced in 1999 as part of the Civil Justice Reforms following Lord Woolf's Review of the civil justice system in England and Wales. More recently the availability of telephone hearings has been expanded to cover a wider variety of hearings. To reflect this, the Practice Direction covering telephone hearings has been revised. This is a brief guide on the scheme as it applies in county courts and district registries. Rules The procedures for telephone hearings can be found under Practice Direction (PD) 23 of the Civil Procedure Rules (CPR). This Practice Direction supp
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  9. You've been around for a while now and if anyone can do it you can. Personally I think you have every chance of kicking their back side.
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  10. As long as the bank have acknowledged the claim, you'll be ok. The FSA waiver 'stopped the clock' on 27th July 2007, which means you can still claim from now back to 27th July 2001. If you want you can send them a letter to update your claim with any additional charges incurred since your original letter
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  11. My case will feature in the Guardian on Saturday in addition to exposing another shocking case to come out of CMS....all i can say at the moment, but there's more to follow. Keep up the fight. PW
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  12. I think many people (wrongly) assume that if a train station falls within a certain zone then they can use their oyster payg to pay using the normal TfL zone to zone payment structure, the confusion is added to when they see other people using oysters at the oyster readers, (not knowing that the people are using season ticket oysters not oyster payg), add to this that some train lines allow oyster payg within the zone system BUT only at certain stations. As Ive added elsewhere, Ken was putting a lot of pressure on train companies to accept oyster payg on ALL lines and EVERY stop within zones 1-6, but he met with resistant from train comp
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  13. The Ministry of Justice have introduced an on line website to enable debtors to check whether a bailiff is certificated. I have started a new thread and the details are here: On line search to check if a Bailiff is Certificated.....
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  14. There are many self employed bailiffs who work on behalf of different companies but these mainly have a certificate and BOND in their individual name.
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  15. So we dont even know exactly what they are claiming for really. I really hope you guys take this all the way, even after Fred's caution is quashed and the civil case is thrown out. Someone needs to be held accountable for this. Its a disgraceful way for a college to be treating its students.
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  16. I have just read your posts and I am sorry you are so worried. The OR is not interested in anything other than can be seen as a viable asset. A computer say, bought for 600 is not going to get 50 if it was taken and will not touch such a huge debt. ( we owed the same). Your car will not be taken if under 1000 and your partners car will not be taken either , there are loads of reasons you will keep both vehicles. ORs are alright and not out to get you. They know when creditors cannot get anything. I had 300 in the house in cash which I had to hand over and things like shares need to be handed over, Life and pensions , for a fee of £50 per po
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  17. Hi, as the alleged debt is made up of charges and interest, your first action should be to get a list of the charges and making a claim for the return (if you have paid them) or removal from the balance (if you havent) Dont fanny about with writing letters which you have now found are just ignored. Just get on with your claim. If you dont have a list of charges, send them a SAR for all statements etc. The charges will be noted on these statements. Once you have a list of these, start a small claim in the same way as reclaiming credit card charges. Sorry to be brutal about this, but legal action by you is the only thi
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  18. ahhhhhhhh you learn something everyday....... always wondered what the "G" stood for!!
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  19. If you choose not to mention it - that is fraud and will be viewed and treated as such if they find this out. Being the HMRC they can check tax records with relative ease to find this out. There may be an overpayment which you will have to pay back as it is your oversight. Whether they will treat it simply as an overpayment or treat it as fraud is at their discretion when you inform them. The sooner you inform them and make your own admission the more favourably they will view it, and the more likely they will treat it simply as an overpayment. If you don't declare it and they discover it, it will no longer be an overpayment case,
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  20. Next WONT have a cca, I am almost 100% certain, but they will still get DCA's to badger you forever and a day. Mine has been passed around and I have even invited them to take me to court.
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  21. sorry yaff but i disagree with you, i would always check first that any company has the right to collect payment first. that's like me saying yaff you owe tsb £4000 but pay it to me. I stand by original post Ida x
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  22. ok i got it now ( boy am i slow on this one) just incase why folks wondering why intersted in this thread but Fly is in ecosse and have been on a few threads of his and FLy , I asked alan to come to the thread to clarify things as alan is brill at putting things into plain english for us folks that struggle with it no offense meant or thrown ok i see where you and dippy are coming from, the fooking thing is confusing and poorly laid out. i was right in a way but they are wrong in the layout! yeah yeah yeah yeah Ida x
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  23. Hi Kenny It is always best to follow the process of reclaiming your charges, send your prelim followed by lba, that way they can't come back to you and say you didn't follow the correct route. Tilly
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  24. dont just send them to oyur local mp, send a copy to each opposition party in your area, and make sure to cc it, so your mp can see its been sent to the other parties. If you can make the parties fight about it among each other, its more likely that something will be done, specially with a general election on the horizon.
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  25. 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
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  26. Once they've officially terminated the agreement they can't legally go back and issue another Default Notice on a terminated account. Have a read here: http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html Elsa x
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  27. HTH http://www.consumeractiongroup.co.uk/forum/legal-issues/72876-mercers-barclaycard-12.html#post1755248
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  28. Try this one lee , Combating money laundering and ... - Google Books Page 147 clause 13.1 says it ........
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  29. Give Apex something to do & send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there; Dear Sir/Madam Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to pro
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  30. HI Star Ok what is a CCA request. Credit Consumer Agreement which you are entiltled to request by law (CCA1974)Hit the link below letter no 8 Post off to each of your creditors, Credit card running credit is a sec 78, fixed loans A&L are a sec 77.Include a £1.00 Postal Order and print your name (no signitures) send recorded Delivery.Any of the creditors which have passed the debt on to a Debt Colletion Agent Ie not the original lender its important to head the letter like this:- "I do not acknowledge any agreement with your company" Then sit back and wait if they dont respond after 12+2 days they are in default and you call the sh
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  31. quick bump on BBC1 now The One Show
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