Jump to content

Leaderboard

  1. sam614

    sam614

    Registered Users

    Change your profile picture


    • Points

      3

    • Content Count

      1,809


  2. Lawyers-Online

    Lawyers-Online

    Registered Users

    Change your profile picture


    • Points

      2

    • Content Count

      27


  3. Desperate Daniella

    Desperate Daniella

    Registered Users

    Change your profile picture


    • Points

      2

    • Content Count

      6,086


  4. vint1954

    vint1954

    Banned


    • Points

      1

    • Content Count

      4,549


Popular Content

Showing content with the highest reputation on 04/09/09 in all areas

  1. so you set up a DD for £1 a month to global.and you have not changed it to payment to lowell they passed it to lowell.they did not tell you that they were selling on. and lowell did not introduce themselves as the new owners and tell you to pay them direct and LOWELL had the payments of jan/feb/march.so global are passing the money to lowell. your DD has still gone out from april to aug and LOWELL claim that they have not had it since march. something stinks here more than the usual stench that surrounds lowell. can you answer these ? lets get these cretins kick
    2 points
  2. Do not under any circumstances let him in. Conduct any conversation through the letter box. Ensure all door are closed and locked - he cannot break open a door but can open one it it is unlocked, Budd v Pyle [1846] 10 JP 203. Make sure windows are closed too. He can climb in if one is open Tutton v Darke [1860] 5 H&N 647. When in he can break out by force. If he enters by force he is there unlawfully and you should treat him as a trespasser. In Vaughan v McKenzie [1963] 3 All ER 1154 two county court bailiffs used force to enter. One was struck over the head with a full milk bottle. Held:
    2 points
  3. It would be very difficult for me to open a parachute account for various reasons, and they have done this three times to me so far this year. I have always complained immediately to the FOS and got it refunded on the same day. It's an absolute hassle, but they had to back down. The FOS is quite emphatic that they can only offset against "disposable" income, and this means that you must be allowed to pay the mortgage and any other secured loans, the council tax, utility bills, TV licence and so on. Barclaycard's argument is my funds appear to be disposable income because there are no d
    2 points
  4. If any of the above suggestions fail to work, then you will have to IGNORE them, some more!
    1 point
  5. For £2 you can get your credit report from Experian, as Maroondevo said. If Egg genuinely got into a muddle, they will have (mis)reported to Experian who would show all the world you missed payments on 15 consecutive months. Egg would also have issue a Default Notice long ago. If none of this has happened, then it looks more like conspiracy than muddle with the DLC trying it on. The full SAR response amounts to a pile of paper one inch thick, and usually takes Egg many weeks. Just a complete reprint of your back statements will come much sooner. Unless of course, your name is John S
    1 point
  6. Rob, CitizenB asked me to take a look at the result of your application to set aside a default judgment described at post no 107. Simply put, your one and only remedy now is to appeal the DJ's decision. My initial thoughts are as follows: THe DJ was wrong to accept a fax of a letter from a solicitor attaching what was purported to be a notice of assignment. THe DJ should only receive evidence recognisable as such, that is oral testimony, or an affidavit or verified witness statement exhibiting the document and verifying it as true. The DJ was wrong to rule on the fax lette
    1 point
  7. Just send them the account in dispute letter, and see what they come back with.
    1 point
  8. and boy are Barclays gonna be spitting feathers!
    1 point
  9. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit- hi.have a look at this.do as advised and refuse to enter into conversation with them. did not know you were having visits as well:mad: you could have enclosed this with the telephone harassment. either send it now to ruddington,or go straight to complaint if they call again. you have made it clear that you will only deal in writting, do you know if your letter has been received yet,before todays call? SA
    1 point
  10. Have you requested any statements on this account? To see if there are charges theyve added? Also the agreement ( or contract as they put it) needs to be requested. You'll likely need to send them a CPR 31.14 (if proceedings have started) or CPR31.16 before proceedings) request to get these documents. You'll also need to acknowledge this claim online with Northampton. If you dont have the documents you need to file a proper defence, then you'll file an embarrassed defence and seek an order that they disclose the docs you require. Make sure all correspondence is done recorded deliver
    1 point
  11. Someone else will be able to advise, but I would question the uncancellable bit? Regards David
    1 point
  12. Hi Carteroo What Debt4get means is that you need to scan the loan agreement they sent and post it up (best way to do this is via either tinypic.com or photobucket) after blanking off your personal details/account number, so we can check it for enforceability. The current account doesn't come under the CCA in the same way as loans/credit cards do. However if you are likely to have any unfair penalty charges ie overlimit fees, unpaid cheque/DD fees etc then yes you do need to send a SAR. The link is below. Hope this helps, Elsa x
    1 point
  13. As they haven;t taken the money yet get your son to report his card 'stolen' and get a new card and get the bank to IMMEDIATELY cancel the old card (they sometimes 'hang on' to the old card transaction details for a month, in this case it will be detremental to your son. DONT tell the bank that this transaction has been made, they will only tell you that they have to process the card according to their details... in fact tell them the card was 'lost' the day before the number was given to the company, that way your son should be covered.
    1 point
  14. does it contain all the prescribed terms required for a credit agreement?? added: also IGNM put me onto this, used for a similar situation: 6. The Claimant has failed to produce a copy of the original agreement. It has produced a document headed “ Credit Agreement Regulated by the Consumer Credit Act 1974” which in the course of its’ text, refers to “please complete your application”, in which vein the document continues in its form and content. There is no evidence of any agreement. This document cannot both be an application and an agreement. Under the terms of the contra proferent
    1 point
  15. IMHO, no it is not worth wasting the postage. They are trying it on.
    1 point
  16. He is entitled to two weeks notice. Employment Rights Act 1996 (c. 18)
    1 point
  17. If there were charges and mis-sold PPI contained within the Default amount, as stated on your CRA file(s), that amount would be deemed as incorrect/inaccurate data. Yes, I would make a further SAR to EGG. Sounds like the Default Notice was inneffective. Did Egg send you a Letter of Termination?
    1 point
  18. Your request looks fine to me. If they send another re-created DN then they will be stuffed. I'm sure you've done your research on CAG to know what is required for a compliant DN. If they do pursue their threat of going for Summary Judgment, they will come unstuck.........as 42man has pointed out in post #2
    1 point
  19. Here is the Forum template. A letter when the account has been passed to another debt collection agency/or from a bank/financial organisation/credit provider TO a debt collection agency whilst the account is in dispute due to non compliance with an CCA agreement request. ACCOUNT IN DISPUTE Date: Dear Sir or Madam, Account number: XXXX XXXX XXXX XXXX I am in receipt of your letter dated XXXXX This account is in dispute with **original creditor/DCA** and has been since DATE . Not only is this a breach of the Consumer Protection From Unfair Trading Regulations
    1 point
  20. Thanks for your reply Steve and i just wonder why someone like you would join a site like this with that sort of swarmy attitude. If you have no intentions of trying to help people and just give your silly opinions why bother coming here. Makes me wonder who you are working for!!! Very clever of you to notice i have used the gas and should pay for it, how long did that take you to work out? My point was as that now i am on JSA with two children to feed i am struggling financially and as you should know money doesn't grow on trees. I am now paying for my gas but their is still some mo
    1 point
  21. Me again If you click on 'User CP' it'll show 'Latest Reputations' - there you find thanks received, date & maybe the caggers name who clicked your scales. Beachy (If I've been helpful you may click mine )
    1 point
  22. I also stated below in my WS similar to yours..... The Default Notice that the claimant relies on and has submitted to the court is NOT a copy of the original and is an attempt to mislead and confuse both myself and the court. This shows that this document has been altered from the original Default Notice. By the way, when I got served copies of my supposedly orig DN's I mentioned (which I forgot to post on my day in court come to think of it!!!) that if that was a true copy of the default notice (in my case incorrect acct no's on it) it breaches the Consumer Credit (Enforcement
    1 point
  23. No need to PM, everybody who has commented is now subscribed to this thread and gets updates If you need the embarressed defence posted up shout and someone will oblige S.
    1 point
  24. Yes, it would be advisable for him to have a 'defence' with him to refer to. and a copy for the judge and the other side if they show up.. This is a copy of a defence I intended to use at my hearing.. http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt-15.html#post2381656 Fortunately, the other side backed down and I didn't have to use it.. but you may be able to edit it to suit your case. Spam.
    1 point
  25. Here is another: (A) reconstruct Mr E’s credit card account by removing any premiums in relation to the PPI, and any interest or charges in relation to those premiums; (B) if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year; and © send Mr E a statement showing the resulting balance on the account (with details of how it was calculated). http://www.financial-ombudsman.org.uk/publications/technical_notes/omb-decision-E.pdf Have a read though those two and send a copy of one to MBNA PF
    1 point
  26. If it costs a lot to rebuild, it can do. At least you have differentiated the rebuild and market value - something many are unable to grasp. If you take my property for example, it's market value is somewhere about the price of a second hand dog kennel. To rebuild it would probably be a lot more than what it's actually worth If you want to be absolutely sure, you could get your own assessor in. If you are underinsured then any payment in the event of a claim is reduced accordingly, which can be very costly.
    1 point
×
×
  • Create New...