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Showing content with the highest reputation on 24/12/09 in all areas

  1. I think you need to submit an embarrassed defence, stating that you reserve the right to amend it at a later date should the documentation be forthcoming. I'd then write to them without prejudice save as to costs and ask them to discontinue the claim on the basis that they have no signed agreement, or you will defend the claim and revert the issue of costs to the Court for judgment against them in the event that your defence succeeds. The alternative is to apply for a strikeout on the basis of that letter, but entering a Defence will give them time to comply with your S.A.R and could
    1 point
  2. Hi tortilla, I am slightly biased into the "yes" camp. Wholly due to losing (my only failure) on this point. Acceptance may be by "word or deed" but it must convey an unequivocal message to the creditor. Also, if you fail to make repayments before termination and continue to fail to make repayments after termination, that inaction is very unlikely to be seen as an acceptance. Any repayment made after the date of the termination notice, will make the "unlawful rescission" void. A deed may be as simple as cancelling the direct debit mandate, as that action will come t
    1 point
  3. There is no such post code as LS99 ZBD, the real defaults from GE money are LS99 2 BD The typeface in the GE money logo is also Wrong HC/CL have forged them just as they did in my case, as agreed by the judge, does this apply and does it help, as i say i have not read the entire thread so dont know if this makes any differance
    1 point
  4. HCE You must wear those leather blinkers that the Police horses have, and clearly you have never worked for or even heard of Sheriffs High court enforcement Ltd The reason i will stop bailiffs commiting crime on a daily basis is because: A: I was forced to pay a huge amount of cash to a bailiff to stop him taking my goods. (a sum that was totally unrelated to the original debt) B: the debt was down to one of our tenants, who had ordered goods and then vacated the premises, not us as we are the landlords. Do you understand? C: the money we had to pay the bailiff was of co
    1 point
  5. High Court Enforcer, I have NOT being led by media or CAG hype, I too have had many years experiencing the bad apples in your Industry. Only recently my family was subjected to an over zealous Council employed Bailiff who had acted in a totally unlawful and unprofessional manner and it was only with my experience, was I able to initiate and lodge the complaints procedure against this person with my Council and local County Court. The outcome was the council supervision and the Court upheld my complaint and justice was not only seen to be done but do
    1 point
  6. I left my card in the checkout machine in morrisons and the lad who served me kept it.. i phoned them a few hours later to find out if i had left it there and they told me i had and it was available to collect...next day i went in and collected it with no problem. ...1st post in the morning i get a letter off nationwide telling me there had been suspicous activity on my account and the card was suspended..they also told me to phone them. ..i did and it turns out that while in care of morrisons someone had put £30 of o2 topups on and £30 of vodaphone ones on a phone..... i had no p
    1 point
  7. What I find interesting is you say that the NOA says the account was assigned on the 22nd August 2008. However, they had already started proceedings on the 20th August 2008.. when they didnt own the debt at that time ?? Also, on the agreement/application form.. it looks like you ticked NO you didnt want the card protection, but you say that the statements show you were paying for this product ?
    1 point
  8. Thanks for the link. I'm not convinced by the argument. In particular, I find it hard to see how attempting to overdraw an account is not a breach of contract. Prior to the test case, the OFT should have entered into meaningful dialogue with the established and new consumer organisations that were challenging these charges. I was and continue to be baffled as to why they felt it appropriate to take direct regulatory action over credit charges but not over bank charges. Bear in mind the context in which all this was happening. Tens of thousands of people had sought reclaims of c
    1 point
  9. Hi & welcome to CAG. The very 1st thing you should do is stop talking to them on the phone!! When they ring, refuse to do their security checks & hang up. If you're with BT, they have a choose to refuse facility where you enter the phone no & the next time that number rings, it rejects the call. You should also send for the agreement. This will cost £1 per agreement & should be sent unsigned & by recorded delivery. With the request, you can also enclose the telephone harassment letter. They have 12 days from receipt of your letter to produce the agreement. If/
    1 point
  10. Personalised or not, if the goods are faulty, then OP has the right to reject. Full stop. No ifs, no buts. I don't know why people are getting into an argument over anything else. :-?
    1 point
  11. haha cant believe how they have set out that claim form, specifically the default notice.... Ok well the letter you received today is a waste of paper tbh, the court will transfer your case to your local court anyway as soon as you filed the defence as it does this by default when a company takes a person to court. The letter does however state that they are seeking guidance from the claimant on your defence and hopefully the subsequent letter sent so there is still a chance it might all fold like a pack of cards and they might see sense, of course there is a chance they will not b
    1 point
  12. Can you help us with some questions? Are there two CCJs for the same debt or did you have two debts with Co-op? What are the debts for - overdraft, loan or credit card - or even something else? Were the CCJs for the whole amount of the debt? If not then we'll explain what appears to have happened but we won't complicate things at the moment. Are you able to scan the judgments you received, edit out your personal details and then post the results up here? We can guide you through that process if necessary (although you do have to have a scanner). That's enough for the
    1 point
  13. Hi Lee, i think it's very relevant if the end date on your loan has passed as the outstanding amount is now ALL arrears and therefore (they will argue) not covered by the CCA. Have a look at this link>>>>>> http://www.consumeractiongroup.co.uk/forum/legal-issues/189110-fiddlesticks-i-didnt-know.html M
    1 point
  14. One letter is about the loan and one is about an overdraft, which you don't mention in your post. You won't know whether the loan is enforceable or not until you receive the copy of the credit agreement. As it is two months since you requested it, you can put the account into dispute. Do not pay anything until you receive a copy of the agreement and we confirm it is enforceable. You can scan whatever you receive on here, minus personal details, and we can have a look at it. Don't speak to anyone on the phone. DCAs will only bully you into payment and you need to keep a paper trail if you
    1 point
  15. Have they been today ? . . usually this is to be dealt with in 4 hours as only an engineer can reset (takes 2 secs putting a card in the meter) . their is a service guarantee but an exception on bad weather . . .
    1 point
  16. Ring EON again and tell them you have an elderly person and a young child on site... they'll treat it as a priority then. Unfortunately the national grid engineers are swamped with work at the moment with large areas having no supply, and with the driving conditions that is slowing everything down. Normally call help is displayed if the meter is knocked it goes off supply for safety reasons
    1 point
  17. you are bang on ref the default notice have i posted the regs for you you are correct on default and termination also
    1 point
  18. Watch this space, ISS. Regards, Rooster.
    1 point
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