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Showing content with the highest reputation on 13/09/09 in all areas

  1. Hello again people Just a quick one for you all. One of my mates has a gas meter fitted in his house. He struggles to find any paypoints around his area to get more gas (as most of the paypoints are always broke). He quite reguarly has to go into his emergency credit to continue to have gas. When he put gas on his card the other day he noticed that it had charged him £1.50 for the use of the emergency credit. (This is the first time he had noticed this). He asked me if i would phone British Gas up for him to see what was going on. I explained the situation on the phone to one of the operators who explained that the emergency credit was like an 'overdraft' and if you go into it you get charged on average 30pence a day. This is all well and good but if they haven't told you about this ie in writing then they can't charge you. This was my argument then to the operator. My mate has had his meter for nearly two years, and the operator then added up all the charges and is now sending him a cheque for £87 and something pence. This mightn't sound like a great deal but it is better than nothing. I must also point out that British Gas didn't really argue with paying the money back as i think they know they haven't got a leg to stand on when it comes to this. Anyone else done the same? If you haven't then i think it's time you should.
  2. Hi Cupcake never heard of them but they must be another low mark with nothing more than h.l Legal have to offer, why dont you send the letter below and see what they come back with, just a suggestion of course;) xxxxxxxxxx xxxxxxx xxxxx xxx xxxx ACCOUNT IN DISPUTE Date: xxxxxxx Dear Sir or Madam, Account number: xxxx xxxx xxxx xxxx I am in receipt of your letter dated xxxxxxxx This account is in dispute with Capital One and has been since xxxxx x 2009. Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998 My previous dispute from xxxxxxxxxxxxhas NOT been answered. As Capital One are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE. As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Now I would respectfully suggest that this account is returned to Capital One for resolution of these defaults and breaches, as F T C cannot lawfully pursue any enforcement activities. If F T C chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 in line with the Office of Fair Tradings Collection Guidelines I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully Cupcake
  3. Would appear to have been passed on.
  4. Like this: http://www.google.co.uk/url?sa=t&source=web&ct=res&cd=4&url=http%3A%2F%2Fwww.rightsnet.org.uk%2Fpdfs%2FDIAL_UK_CTB.doc&ei=5vasSpOeJ9zLjAfI46zsBw&usg=AFQjCNHYLVYjE5R5MJYPMttrgBI7sPYl7A&sig2=65OAdMaHbiz0H5XE2kZn1Q The document is dated 2003, so likely won't take into account new benefit introduced since then, such as ESA. For ESA contribution based, it will be the same as JSA contribution based and for ESA Income Related, it would be the same as JSA income based/Income Support.
  5. Sorry about the banter above, I've asked one of the other site team to have a look at your Littlewoods CCA, I hope I'm proven wrong and it is unenforceable. As for the Argos one, you can send them this; Dear Sirs, Account no xxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 This account is in Dispute . On xx/xx/2009 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states; 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages I respectfully request a response to this letter in 14 days I trust this out lines the situation Print name do not sign
  6. Just send back with the next letter I am bemused as to why you have got this lemon in your shopping basket... on xxx date the original creditor failed to provide any legal documentation to xxx who were allegedly owners of the debt at that time. Since then XXX XXX XXX XXX have all failed to produce any legal paperwork. NOW GET LOST Of course use a signature font to sign it.....
  7. Can I just add that it's probably best you remove the tracking number from your post? Only because, it shows your surname, postcode, and you've explained in a few posts above the shop where your flat is above and how many flats there are! Bad move, especially in this day and age for fraud!
  8. absolutley nothing:D looks like they have accepted your statute barred claim,because they did not know about the ccj,or they did and know that they are out of time to apply to the court. if another dca now crawls out of the woodwork,you can tell them that it is statute barred and inform them of the date that JBDR were made aware of this. you can then have the pleasure of informing the new one that they have brought a lemon. and report JBDR to all and sundry. SAM
  9. well i would put forward a skeleton argument to the court and ask for a direction from the judge to throw out the claim the debt cant be enforced as they are in default of your cca request thats a defence on its own as its in the cca no enforcement can be taken while in default may i ask when the last payment was made or the debt acknowledged in writing
  10. . Too true - they get more pathetic the lower they go. I normally work something like this into the Acc in Dispute letter: 'You are in fact the 5th DCA regarding this, which says it all about your place in the scheme of things' Found it tends to get up their nose... David
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