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Showing content with the highest reputation on 19/08/09 in all areas

  1. Fretful's kinda right in that under CPR 13.4 (1) Where (a) the claim is for a specified amount of money; (b) the judgment was obtained in a court which is not the defendant’s home court; © the claim has not been transferred to another defendant’s home court under rule 14.12 (admission – determination of rate of payment by judge) or rule 26.2 (automatic transfer); and (d) the defendant is an individual the court will transfer an application by a defendant under this Part to set aside or vary judgment to the defendant’s home court CPR 2.3 says: ‘defendant's home court’ means (a) if the claim is proc
    2 points
  2. Notice they claim to be working for R&SA in the one I labelled 15? On the second page of the index, the bottom item is a certain FOI request response from our friend at PCAD btw
    1 point
  3. In the United Kingdom, a compromise agreement is a specific type of contract, regulated by statute, between an employer and its employee (or ex-employee) under which the employee receives a negotiated financial sum in exchange for agreeing that he or she will have no further claim against the employer as a result of any breach of a statutory obligation by the employer. Except when ACAS have been involved and arranged a COT3 settlement, compromise agreements are the only means whereby an employee can waive statutory claims such as unfair dismissal, discrimination or redundancy. The agreement will only be valid where (i) it is in writing and
    1 point
  4. If you're paying the Council direct I'd just telephone and explain the position, if they require any documentation they'll tell you.
    1 point
  5. Hi caring... is there any way you can provide a copy of the 'reference' from your compromise agreement to the prospective employer saying this is what you were expecting should have been sent to them. It might open a dialogue at least. Keep us posted. x:)x
    1 point
  6. Hi Karrie, as long as you prorities are being paid then you can only afford to pay what is left to the rest. are you going with cccs? as they will try and get all interest and charges stopped. if they try and contact you let us know and there is aletter you can send to stop them and once cccs is involved they should be contacting them. going for another loan to pay off other bad loans is not a good idea as it just starts the ball rolling again. it's good that you realise that you need to do something NOW and get this sorted. they can only add charges if that is what's in the orignal agreement and when your rea
    1 point
  7. Hooray!! Excellent news spam!! You deserve it - you've put in all the work & it's paid off. Don't worry about your defence or costs. We'll all pitch in on the first & on the second, as long as you make sure you serve a comprehensive costs summary to the claimant & the court at least 48 hours before the hearing, you should get everything you've paid under the judgment order plus all your expenses. BTW you don't need to pay Marlin any more but just to cover yourself, drop them a letter stating that the CCJ was set aside & that pending the hearing you are suspending payments. Shout when you need help...
    1 point
  8. Well Done Spam I am delighted for you, you put a lot of effort and researched your case well. Regards Andy
    1 point
  9. Hi Seminole, One of my main question to companies house was, on the back of the theatograms is: Please make cheques payable to " Mercers Debt Collections Ltd" Surely that is trading so they should be submitting accounts, I'm just waiting for the e-mail that will say, because of some unheard of law or gray area they can do what they please!
    1 point
  10. Hi pinknico and welcome to the adventure alot of us are having searching for that magic "SECRET COMMISSIONS" answer. Have a look at this thread it is excellent. I know it is pretty long, but if you want your questions answered you will find many an answer in it. Check out page 27 post 536 it is very interesting. Good luck heres the link http://www.consumeractiongroup.co.uk/forum/swift-advances/153362-swift-advances-secured-loan-27.html
    1 point
  11. You need to wait for them to terminate the a/c before you can do anything when they do it will be unlawful rescission of the contract & then all you will be liable for are the arrears at the time of the default. See; http://www.consumeractiongroup.co.uk/forum/amex/193018-cupcake68-amex.html#post2166205
    1 point
  12. Not sure exactly sure what you mean by having to wait. If you have the CCA and its not enforceable as Texanbar points out, then there are loads of letters in the Egg section of this site that you can send them (just adapt as necessary). This is a good place to start as it sets out the original ideas - http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html Get it done soon as. As for the telephone calls, either include this with your letter disputing the enforceability of the agreement that they have sent you, or send it separately (I would probably do the latter, as too much detail at one time confu
    1 point
  13. Bl:):)dy hell Spam! I'd say a victory, and as you say attend court and go for your costs! They may consent to the set aside, but I'd say it's not up to them to decide whether they are liable for costs! Go for it! Cheers Rob
    1 point
  14. http://www.consumeractiongroup.co.uk/forum/swift-advances/153362-swift-advances-secured-loan-27.html read post "536" it is very interesting hopefully your be able to get a few answers like I have:D good luck
    1 point
  15. hi gaz, it seems snoops has guided u well so far, maybe worth having a look round the site to get a flavour of what's in store. this thread although not completely relevant won a set aside case: http://consumeractiongroup.com/forum/dca-legal-successes/139232-hfc-restons-charging-order.html there are many others who have/are going down this route for varying reasons but the process will be the same. get reading there may be snippets u pick up that will be helpful later on.
    1 point
  16. If you still have any left hand it over to your local trading standards office and let them do the rest. They may well make a test purchase in the store. If they find a high content of water, this gives you the upper hand in claiming any compensation.
    1 point
  17. This is VERY interesting and I have sent you a PM. For the collection of council tax there is no provision within the statutory fees scale for a charge to be made for a letter. Secondly, the amount of £42.50 is actually the fee for TWO VISITS to your property. The first one is for £24.50 and the second for £18.00 !! This is SERIOUS !!! Letter needs to be sent to Equita IMMEDIATELY.
    1 point
  18. I don't know enough about the case, the background and most likely many other important features. However, I would draw your attention to Civil Evidence Act 1995 section 9 and all its oddity which says: Proof of records of business or public authority. (1) A document which is shown to form part of the records of a business or public authority may be received in evidence in civil proceedings without further proof. (2) A document shall be taken to form part of the records of a business or public authority if there is produced to the court a certificate to that effect signed by an officer of the business or authority to which the rec
    1 point
  19. 1984 Do Nothing Welcome Are Stuffed With No Cca They Can Do Sfa Shame
    1 point
  20. oooooppppps! well theyve got me.......i paid my £55 on the 17/7 and then heard frm parkfield asking for wage slips and utility bill so i sent them!!!!!! and i cant get intouch with them (parkfield) and when i phone wentworth i can never get through because my phone flashes up 'no answer' after 20mins and cuts off!!!!! what do i do???
    1 point
  21. My personal view is that you shouldn't try to reclaim the laon repayments on a legitimate loan just because of a technical mistake, and I think a court would agree - it would be unjust enrichment. Claiming back mis-sold PPI is a different matter as you should never have been enticed to pay it in the first place, as it is just them profiteering. Similarly, using a defective CCA to settle a loan agrement, particularly where you have more than paid off the capital, and even more particularly if you are being harassed by the creditor, is also a different matter. Just my 2p
    1 point
  22. Since the defendants have acknowledged the claim and submitted a defence with no reference to the name issue,then thats not going to be a problem. The lack of a statement of truth is the one which needs to be sorted. Insofar as the data protection issues go,then that can really only be established once it can be shown beyond any doubt that the course of events followed the pattern you say. Why did you not ask for a signed receipt for the returned items ? The issues you refer to under the CCA (or issues that are not CCA inclusive) could be more complex ones-but the you seem to have done some homework even if you cant at this st
    1 point
  23. Hi Ida There is another thread on this one by the same poster, see: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/214918-citation-go-debt-direct-2.html Regards Monty
    1 point
  24. Hi Matin, Have the sols sent a copy of the agreement etc with the citation? You nede to send an Incidetal Application t get the infoyu need re the agreement, list of charges and full PPI disclosure: Court Reference Number: xxxxxxxxx SHERIFFDOM OF XXXXX at YYYYYYYYYY INCIDENTAL APPLICATION in causa Their name as on the writ Their address as on the writ PURSUER against You Name as on the writ Your Address as on the writ DEFENDER The Defender seeks an order for the recovery of documents and further information from the Pursuer in relation to the Summons made
    1 point
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