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Showing content with the highest reputation on 02/10/09 in all areas

  1. Hello Petal9 and welcome to CAG T2 is way to kind to me - although the bit about being a thoroughly nice cagger is 100% correct! Already some good advice from Mrs Weatherwax and plum fairy - if any of what follows duplicates my apologies. (1) As has already been said - do not beat yourself up about it. Very easy to say, but this is absolutely the best place to start (you will think far more clearly and their tactics will have less of an impact on you). I have been to a very dark place indeed with these firms but once I had the lightbulb moment and accepted that I could not c
  2. of course you have sweetheart. If you really have been lurking all this time then I suggest you go back to doing it. Your silent contribution for such a long time was a blessing
  3. Have you tried the family fund? grants for disabled children The Family Fund helps families with severely disabled children to have choices and the opportunity to enjoy ordinary life. We give grants for things that make life easier and more enjoyable for the disabled child and their family, such as washing machines, driving lessons, hospital visiting costs, computers and holidays. The Fund is a registered charity, helping around 50,000 families in the UK with £30.5 million in grants a year.
  4. Ok for all credit cards loans store cards send a CCA request this costs £1 send with postal order made out to whoever is collecting the debt be it the OC or the Debt colection agency The Consumer Forums - Debt collectors The cca is template 8 - send it recorded they then have 12+2 working days to supply the agreement, after this time the account is in default and you can stop payments. can you recall if any of the loans credit cards had PPi on them? Are there any charges you can reclaim from the current account. if you require your statements send a sar to the bank
  5. Please note that names have been removed from this thread for breaching site rules and guidance on posting and the site team would ask posters to refrain from using named individuals or identifiers without site team approval. everyone has a right to air their views and or experiences but we do have to show how others may perceive an issue that may or may not be agreed by others but please remember we are all here to help each other out and there is many ways to out your points across in a adult and non inflamatory way ida x
  6. You may find the following of interest: Unfair relationships under The Consumer Credit Act 2006 What will the new regime mean for lenders? One of the most controversial elements of the latest Consumer Credit Act, is the new concept of an ‘unfair credit transaction’. This will come into force on 6 April 2007 and empower consumers to challenge a wide range of contract terms and lender practices as unfair. It is designed to replace the existing ‘extortionate credit’ test under the Consumer Credit Act 1974 (the Act), which has been criticised as too narrow. Also from 6 April 20
  7. with respect, they are NOT obliged to send you ANY document you signed in response to a SAR request, in fact as far as i am aware they are not obliged to send ANY original document the SAR requires them to send the INFORMATION they hold about you and NOT the actual documents thus they can simply type it out
  8. I would of spoken to trading standards about thie earlier, certainly before going to court. However, you could write to the court indicating you now have the defendants correct name ect and ask the details to be transfered. I take it you submitted copies of all correspodence to and from the defendant with the court application. This will proove you did'nt have the correct title of the defendant when making the application. You can also obtain an affidavit from your expert witness but you should make sure he would be willing to attend court if necessary. If he does work for trading standards, t
  9. Ok so in total he had paid back £8000 including interest which he repaid . Then if it was a verbal agreement and no interest rate was agreed then they should owe £8000 less what they paid ( should be on their bank statements as mentioned above) plus perhaps some court costs ? I dont really see what avenues thay can pursue as they had no written agrement but the loan is validated by the fact they have been making payments so the courts were obviously quite happy that the loan existed in the first place. Unless they had witnesses to the fact he offered to clear the loan ( was he sober
  10. It is essential you name the defendant person or company correctly or it will fail! you must have had an address though to serve the papers? LLB - law degree! Cert Ed - certificate in education pre or post grad? CAE - certificate in advanced english? MIMI - ????
  11. Yes looks to be ok. Sorry for delays...team a bit stretched today-or drinking too much coffee;)
  12. Hi Aa Lets See What I Can Do This Is A Long Thread So Bare With Me Has A Court Claim Begun, N1, Or Is This Just A Threatogram From Hl Legal Have Had My ShAre With Them To Muppetts Well Just Having A Nose, Those Figures Are Very Strange Ill Go Over Them This Weekend And Let You Know The Sp Next Question This Is On The Ppi Etc Did You Do An Sar Who Is The Ppi With Norwich Union Axa Churchil, Get The Idea Did You Get A Needs And Demands Statement And A Statement Of Price Ref The Insurance Thats Important
  13. This is a smiliar stituation to mine. I received a response from Alliance and Leicester yesterday. They are offering around 10% of my claim and then they will deal with the rest once the test case is over. They have even credited my account with this amount to give me all the more reason to stop. Martin Lewis says this is a common step and you should write back saying that you "acknowledge the money without prejudice" but you only accept this as a partial settlement and not and full and final settle. Say that you will continue with the claim, which includes going to the ombudsman. At this
  14. Definitely don't ignore the HMRC letters or else you'll have them knocking on your door. I was in a similar situation many years ago and they don't mess around. In response to your queries... 1. NO - YOU HAVE NO RIGHT TO OPEN THE LETTERS. I suggest returning all the letters unopened to sender with "no longer at this address" on the envelope. 2. Check your credit file first. This guy is linked to the address and you will need to contact the major CRA's to resolve this and possibly add a note to your file. 3. Firstly, don't confuse bailiffs with DCA's. The latter you can te
  15. The history of payments alone is not enough to prove that you ever gave Cabot permission to process your personal data. There must be a properly executed agreement you signed in which you specifically gave the OC permission to pass your personal data to credit reference agencies and proof of assignment of the rights of the agreement to Cabot in a Notice of Assignment. The ICO has got this wrong and they are as useless to as the FOS, which is why I am taking Cabot to court where a judge can decide whether I gave them permission or not and it won't be asumed I did on the evidence of statements.
  16. Hi From the date of service of the claim form (i think this is usually taken as 5 days after the claim date on the form) you have 14 days to acknowledge service and 28 days to enter a defence, For now all you have to do is Acknowledge service an state that you intend to defend the claim, your defence will have to be based on what information MBNA/Optima send you to back up their claim.
  17. First payment is 478.54 + 135, last payment is 478.54+80 (ie the credit facility is paid in 2 bits, one with first and one with last payment). Using these figures, rate of interest is 11.1% and APR is 12%. So APR is wrong, in fact it is outside the tolerance allowed by the regulations. THis makes the agreement improperly executed and only enforceable bya court. However, for enforceability by a court, the APR doesn't matter. Therefore a court could choose to enforce it.
  18. I personally would prefer all to be on one system, easier for them to refer to when queries made by me:D.
  19. The requirement to notify the DVLA is an 'active' one, not passive. So, the letter from the new applicant to being a keeper for the vehicle has done so because he hasn't the V5C, or signed the same form with you, giving him the green slip to generate a free replcement. So, if the vehicle was reposessed, and normally goes with the V5, but it does remain an offence (by omission) not to update the records - and indeed if the person WITH the car had started stacking up camera and parking fines, YOU alone would have been liable to pay.
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