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Showing content with the highest reputation on 04/11/09 in all areas

  1. You cant use CPR 31.14 without a claim being in process... CPR 31.16 is the one you want for pre-disclosure documents.. see this thread.. http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html But read the first 8-10 posts of the thread carefully before instigating anything S. Dunno how far you've got with this Ali, but if you're still at the pre-claim stage you could use Annex A para.4.2(7) of CPR Pre-Action Conduct protocol [here] to ask for (free) copies of documents mentioned by a potential claimant. CPR 31.2 defines disclosure: "A party discloses a document by stating that th
    2 points
  2. As some of you may know already, I seem to be hitting a nerve with certain debt collection agencies (ie Lowell) by my posting links to CAG on whocallsme.com. Therefore, it seems the only logical step is - keep making people aware. I've given regular plugs for CAG on my 'dcamaggots' Youtube clips, with some success, but intend to do the same on whocallsme, as I believe that there are still not nearly enough people who know their legal rights are regularly being abused by bailiffs or debt collection agencies. Therefore, it's high time that as many people as possible are made aware of this site and the help it can offer. So,
    1 point
  3. Any document delivered under the Act (e.g. a copy agreement under Sections 77 or 78 of the Act) must be easily legible (able to be read without magnification etc.) 1983 No 1557 Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 . Legibility of notices and copy documents and wording of prescribed Forms 2.-(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from an
    1 point
  4. You only add 8% compound interest when you file a claim at court. Before your court claim, you can claim any interest you paid on your Capital One credit card because of the charges added, depending on the interest rate being charged by Capital One. If its a Classic Card, it's likely to be 34.9% APR, as I have one of those myself. Please check your agreements and/or statements to see the interest rate that applies to you.
    1 point
  5. Slightly different over here 42 man. Due to the Court system its not a practical matter for a Litigant in person. Its a solicitor job over here
    1 point
  6. Hi Mann01, Just thought I`d tidy it up a little Dear Morons, With reference to your recent letter dated 20 Oct 2009. I am pleased that you are agreeing to refund the PPI in full including interest to the sum of £4590. However, I will only accept the refund in the form of a cheque, payable to Mr Mann Mann. The PPI was delibrately mis-sold to me, and I do not agree to any off-setting of this refund. I look forward to receiving £4590 within 14 days of this letter. On receipt of the refund I will then decide my best course of action. Yours Faithfully
    1 point
  7. no harm in sending that if you want to
    1 point
  8. this gives the judgement in english One Crown Office Row - Case
    1 point
  9. Bernie, I know this won't go to court! I was using the example to get the point across to the OP! He clearly knows the area well enough to know what its like on a Saturday night so obviously he should know about the bus lane! I'm sure this will prejudice his case in some way if the adjudicator becomes aware of this which is why I was advising him this way. Personally, I dont know why I'm wasting my time advising people who clearly flout the rules and then when they get caught come on this forum to get help from the likes of us to get away with their 'genuine mistakes' as they call them! Don't see why to have to question my credibil
    1 point
  10. Hi guys, Thanks for the input. I ended up claiming Mortgage Interest Support, got verbal conf from DWP today. I had to fill in a JSA3 in order taht I moved over from Contricution based to Income Based JSA, and also sent an MI12 to the mortgage co, who returned it to the DWP. The upshot is I keep my house, the mortage interest is paid, and a lot of stress has gone! If I can help anyone let me know. And also look at my other thread: http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/229438-mortgage-interest-support-mi12.html shows what happened to some degree. FX:)
    1 point
  11. Yes. It is good. You should cooperate in every way possible with OFT investigations. Ask them if you can have a copy of the statement which you make. If they say no, then make sure that you record or take detailed notes of the statement as you go along. Make anote of the time, date, person you speak to for the statement as this might be useful information in some future court case
    1 point
  12. Hi BO. On claim forms I have received the wording says. You must respond to this claim form within 14 days of the day of service. The attached forms may be used for that purpose. The day of service is taken as 5 days after the issue date shown overleaf. and You must send either the completed acknowledgement of service form or a defence to the court within 14 days of the date of service. If you send the acknowledgement of service you must send a defence to the court to arrive no later than 28 days from the date of service. As it does not say otherwise I would suggest this is calendar days. You can also file the defence o
    1 point
  13. Buzby, I am a little bemused at some of your reckoning. Firstly, AG issued the SD despite there being other avenues they could have explored first, ie, County Court. Dannysdad is entitled to have this set aside and an explanation and timescale is shown within the SD papers themselves to achieve this if it believed there are grounds to do so. Just because AG then decide that their bluff has been called and then ask for a consent order does not mean that Dannysdad has to accept although there is a possibility that a judge may ask why it wasnt accepted...depends on what judge and what sort of day he has had. At the end of the day, a hear
    1 point
  14. For Experto. Ref Account xxxxxxxxxxxxxxxxxxxxxxx Dear xxxxxxxxx, I was somewhat bemused to receive your letter of xxxxxxxxx 2009, the content of which is noted. No debt to your company or Original Creditor is acknowledged. On xxxxxxxxxx 2009 I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. MBNA have failed to comply within the statutory time limit, supplying only an illegible reconstructed agreement, that could not be linked to any agreement that MBNA claim that I have signed. In addition, this alleged account was placed in dispute on the xxxxxxxxx 2009. It should not be necessar
    1 point
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