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Showing content with the highest reputation on 06/01/10 in all areas

  1. 1 point
    OK. Firstly, make a complaint to the OFT as to their refusal to reply to emails. You are entitled to contact them through any acceptable method; and email is most certainly acceptable especially, as you say, if they give an email address!! Also, I would remove the amounts etc from your scan, as these can be used to identify you. Secondly, do you recognise the alleged debt? And does the amount seem right? The answers to these questions will help offer any opinions and/or advice etc. If I were in your position, I would probably send them the "prove it" letter firstly, from the templates library and see what they come back with: I am intrigued to note that they say there client is ABC Pay as You Go and I'm confused as to how they can claim such an amount owing on a Pay as You Go account? Unless I have grossly misunderstood this. Hope this helps. Cheers. UF
  2. 1 point
    Thanks Citizen Real Big Thanks Jedene The Letter Will Be Ready By Morning
  3. 1 point
    Hi elseg..... welcome aboard I would wait until our legal and site team have had a chance to work out a new set of Patriculars of Claim (POCs)..... should be fairly soon now by all accounts... keep your eye on the 'Announcements' at the top of the forum pages . The Consumer Forums - Announcements in Forum : HSBC Bank Meanwhile if you've had a letter from your bank 'post OFT case' trying to get the court to strike out your claim , or giving you a time-scale to alter yor POCs ... .. come back and we can give you a holding letter to buy you some time ... Sorry caro , didn't mean to usurp your thread on this .......
  4. 1 point
    VJ, Humbleman I think there is also a question as to which company the debt has been assigned to. This is important and was the major part of the decision in the Van Lynn case that was referred to by foolishgirl in post #318 above. Whilst Van Lynn is the legal basis for you to ask for sight of the original Deed of Assignment, the Court of Appeal ruled that for a NOA to be valid it must advise the debtor of the assignment so that he is 'reasonably certain' that the debt has been assigned to the named assignee. Not only should the name be correctly identified but also the correct address of the assignee. The NOA you have posted refers to an assignment to Phoenix Recoveries (UK) Limited SARL. This is a private limited company registered in Luxembourg. Nothing wrong with that except that its address is not shown and so you wouldn't know that it was a Luxembourg company. The NOA fails the test required by the Van Lynn case and therefore is not valid. In addition, you could argue that it would be reasonable to check with Companies House here in the UK to check the address. And that is where things get interesting. Until November 2008, there was no reference to Phoenix Recoveries (UK) Limited at Companies House. However, on 24 November 2008, a UK company was registered with that name in the UK. (I don't believe the Luxembourg company was registered as an overseas company with Companies House, which they should have done if they wanted to conduct business here in the UK, but that is a side issue to a point). The main point is that the solicitors seem to be referring to BOTH the UK company AND the Luxembourg company. In short, you can show that they are not certain who the client/assignee/claimant is, so how can you be expected to be 'reasonably certain' of the name and address of the correct assignee? Game over, IMO.
  5. 1 point
    Double check you haven't recieved the refund then do it all in writing. Tell you have been over charged/ over paid and you want the money back, give them 14 days to pay. Probably an oversight/lazyness on thier behalf but you have 6 years from the money being taken to get your money back. A letter should suffice in this instance.
  6. 1 point
    Any Takers On My Last Question I Need To Finish The Defence Today
  7. 1 point
    Hello C! Sadly, the Transcript will be needed ASAP, so it is something that you need to crack on with ASAP. The way it works is you can only use an Authorised Transcriber, but there are many on the Court lists, and their prices do not seem to vary a great deal. There is one I can recommend, only because they have been helpful to several Caggers. I have no link to them other than this. I will PM the details. The Transcript itself is effectively divided into two sections: (1.) The Hearing (without the Judgment). (2.) The Judgment (without the Hearing). The minimum you will need for an Appeal is (2.) The Judgment, although I would advise getting (1.) The Hearing as well, because that is where a lot of the chit chat went on, where you can point to, and quote, specific areas where the Judge misdirected him/her self. There can only ever be one Judgment Transcription, because that is only ever done once, because that has to be approved by the Judge before it is released. In effect, the Judge can and will tweak that and I'm sure it can and will deviate from the actual words spoken and initially transcribed. Anyway, once the Judgment has been done, a 2nd version is not allowed mainly because the Judge won't authorise a 2nd one. The Hearing Transcription can be done more than once, i.e. by two different transcribers, but given the cost are likely to be similar, it is usually cheaper to simply buy a copy from the Transcriber who has already done it. Main problem is knowing if it has been done already! In your case, it's probably unlikely that the opposition will bother with a Transcription, but they will almost certainly want a copy of the Judgment if you Appeal. They will have to buy that from your Transcriber, if so, but that is another matter, and nothing worth getting excited about. In effect, it's a little extra money for that Transcriber. Indeed, they may not bother, because they will get a copy of the Judgment in your Appeal papers anyway. It really depends on how keen they are to see you off at the Appeal, i.e. if they want a copy sooner rather than later. The cost depends on the length of the whole Hearing (i.e. Hearing plus Judgment), and the number of spoken words. The quality of the Tape Recording is also an issue, but you won't know that until the Transcriber moans about it! I can't say a cost, but if the Hearing was, say, 3 hours, then the approximate costs would be £400 for the Hearing and maybe £120 for the Judgment. I could be miles out, but it's in that sort of ball park. If your Hearing was only an hour or two, adjust down, and you won't be far out. To organise the Transcript, you need to firstly select a Transcriber, then download and complete Form EX107: Her Majesty's Courts Service -Forms and Guidance Complete that, and submit to the Court, and they should then release the Tapes directly to your Transcriber. Then the key issues you need to get your head around are: (A.) The Appellant's Notice. Her Majesty's Courts Service -Forms and Guidance (B.) The Grounds for Appeal. This is key, and will be the key legal points to support your Appeal. Start working on this straight away, and people here will, I am sure, give you all the help you need. Read more about Appeals here: PART 52 - APPEALS - Ministry of Justice And the related Practice Directions here... PRACTICE DIRECTION 52 – APPEALS - Ministry of Justice (C.) The Route for Appeal. This is just the technical route, and will depend on various factors, seniority of Judge, type of Judgment etc. Read all about that here: Her Majesty's Courts Service -Forms and Guidance The following link may also help if you need any CPR Forms: CPR Forms: CPR - Forms - Ministry of Justice OK, now the serious bit, you have just 21 days to submit your Appeal, otherwise you will be out of time, and then into the more hostile zone of making an Appeal Out of Time. You need to avoid that! The main things you will need to collect and collate within the 21 days and include in your Appeal Bundle are the following: The Appeal Bundle (i.) Appellant's Notice. (ii.) Grounds for Appeal, usually included at the end of the above. (iii.) Skeleton Argument (but this can follow +14 days afterwards, so long as you get the main Bundle in within the 21 days). (iv.) The N24 Order of the Judgment (which you should be getting soon anyway). (v.) A completed/sealed/signed copy of Form N460 by the Judge, i.e. where the Judge has stated their reasons for refusing the Appeal. (vi.) The Transcript (preferably Judgment and Hearing). (vii.) Appeal Supporting Documents. That would be everything in effect, bound into chronological order, and page numbered into a 2nd section where anything key can be referenced by your Appellant's Notice or your Grounds for Appeal. The above is not as bad as it looks. The task is mainly a case of getting it all done and collated within the 21 day time frame. The actual doing is not that bad...the N161 is just a Form, and the Grounds for Appeal is just a one or two page document, similar to a Defence, but setting out the key legal points. The rest is mainly bumf, most of which you already have from the Hearing. I hope this helps. Cheers, BRW
  8. 1 point
    Hi scotsman. I do believe you should send recorded delivery something like this. Hi, There's one here............ Formal Complaint Dear Sir/Madam, With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with request, and as such the account entered default on **DATE**. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a compliant credit agreement is a very clear dispute and as such the following applies. * may not demand any payment on the account, nor am I obliged to offer any payment to you. * may not add further interest or any charges to the account. * may not pass the account to a third party. * may not register any information in respect of the account with any credit reference agency. * may not issue a default notice related to the account. Therefore this account has become unenforceable at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets. I would appreciate your due diligence in this matter. I await your rapid response. **Edit to suit**
  9. 1 point
    Your account is now officially in dispute. send following recorded . (enclose your orriginal CCA request) Account In Dispute ACCOUNT NUMBER 0000000. Dear Sir/Madam You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On 23/12/2009 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference. You have failed to comply with my request, and as such the account entered default on 06/01/2010. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.This limit has expired As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully,
  10. 1 point
    BAD ADVICE. All letters should be kept and used in a formal complaint against these shysters
  11. 1 point
    Hi, You can't use Moneyclaim to make a claim in Scotland, you would need to complete form 1: http://www.scotcourts.gov.uk/sheriff...rms/Form1a.pdf and form 1b: http://www.scotcourts.gov.uk/sheriff...rms/Form1b.pdf I think this would be used in the poc, I'm going to get it checked. Poc: This court has the power under the Civil Jurisdiction and Judgment Act 1982 to hear and determine the claim with regard to persons domiciled in a part of the United Kingdom (Schedule 4, Article 3 52(1) no proceedings involving the same cause of action are pending between the parties in Scotland, Northern Ireland or their convention teritory of any contracting state as defined by Section 1(3) of the Civil Jurisdiction and Judgment Act 1982 (as amended by Section 2(5) of the Civil Jurisdiction Act 1991). Regards. Scott.
  12. 1 point
    I've reported lostinspace1000 as they clearly are missing the point of the forum, that we are NOT advocating debt advoidance but getting people off the 'reloan' bandwagon. Getting more credit is NOT what our posters want, nor need, what they are trying to do with this type of loan is get back onto the straight and narrow without having to rely on the credit bandwagon. As the whole mortgage market still seems closed to all but the very wealthy or cash rich it seems pointless to even allow a loan of under £1000 to damage long term prospects, where is the logical sense in that?
  13. 1 point
    Here is my best shot... any comments/amendments are welcomed. Had a 'mare of an evening in A&E... another story for another time. Anyway... have a look and see what you think
  14. 1 point
    Heh...or find somewhere to host it whilst I'm writing the explanation Either way, it's worth noting the whole xls/xlsx thing (the same goes for doc/docx). Basically, earlier (2003 and earlier) copies of Office can't read these later versions without the Microsoft Compatability Patch added to the system.
  15. 1 point
    if you have a symbian software version s60 phone, most Nokia are , then a piece of software called " Advanced call mananger" works a treat, it will deal with all silly calls like that for you. very programable , deals with Voice, Txt & unwanted MMS etc, brilliant here are a list of the phones it works with S60 (software platform) - Wikipedia, the free encyclopedia do a google search for "advance call manager webgate" for vendors of this software, i have been using it for 18 months now, brilliant
  16. 1 point
    Thanks PF Good luck with your case on the 14th, look forward seeing your result when you post it up. Gaz
  17. 1 point
    Fantastic News, Gazza.. what a great start to the New Year:D :lol: Shame you didnt get all the costs awarded.. but the Judge's comments show he/she had a sense of humour.
  18. 1 point
    My wah-meter is pinging off the scale, but just in case you really don't know, Bryan Carter is the solicitor behind Bryan Carter and Co., which is a trading name of Crellins Carter (another solicitors firm). Bryan Carter and Co. operates from the offices of Fredrickson International, the DCA.
  19. 1 point
    Might be of interest to you: CA = Court of Appeal and HL = House of Lords Barclays Bank Plc -v- O'Brien and Another [1992] 4 All ER 983; [1993] QB 109 22 May 1992 CA Banking, Undue Influence Casemap 1 Citers A bank leaving a husband to explain a proposed charge over the matrimonial home to his wife to secure his business debts, could not enforce that charge against her. There was a presumption of undue influence in the husband which made the charge defective. Kings North Trust Ltd -v- Bell [1986] 1 All ER 423, CA; [1986] 1 WLR 119 1986 CA Banking, Torts - Other Casemap 1 Cites 1 Citers The wife claimed to have signed a legal charge in favour of the plaintiffs by virtue of her husband's fraudulent misrepresentation. The charge secured the business borrowings of the husband. She did not get independent advice. Held: The bank had entrusted the charge to the husband to have it signed by her. He was therefore acting as the bank's agent, and it was bound by his misrepresentations, and could not enforce the charge. Dillon LJ made it a necessary condition of such a finding that the creditor had entrusted to the husband the task of obtaining his wife's signature. IF the bank advised you on how to consolidate loans and to secure on property etc etc this may help: Bank of Credit and Commerce International S A -v- Aboody [1992] 4 All ER 955; [1989] 2 WLR 759; [1990] 1 QB 923 1989 CA Slade LJ Banking, Undue Influence Casemap 1 Cites 1 Citers In a case where the defendant said that a mortgage had been signed from undue pressure the court may find actual undue influence as opposed to presumed undue influence. Slade LJ said: "Ever since the judgments of this court in Allcard v Skinner a clear distinction has been drawn between (1) those cases in which the court will uphold a plea of undue influence only if it is satisfied that such influence has been affirmatively proved on the evidence (commonly referred to as cases of 'actual undue influence'); (2) those cases (commonly referred to as cases of 'presumed undue influence) in which the relationship between the parties will lead the court to presume that undue influence has been exerted unless evidence is adduced proving the contrary, eg by showing that the complaining party has had independent advice." This one might be what you and Andrew are looking for: British Motor Trust Co Ltd -v- Hyams (1934) 50 TLR 230 1934 Branson J Contract, Banking Casemap 1 Citers Mr Lord acquired two motor coaches under two hire-purchase agreements from the claimants and persuaded his mother-in-law to guarantee his obligations by a contract indorsed on the agreements in the following terms:- "We . . . guarantee the due and punctual payment by the . . . hirer of all . . . moneys payable by him under the within written agreement . . . and we further agree that this guarantee shall not be avoided . . . by the owners and the hirer making any variation in the terms of the said agreement . . . provided that no variation shall make us liable for a greater maximum sum under this guarantee than that for which we are at present or may become liable under the present terms of the said agreement." Mr Lord fell into arrears and the claimant, instead of resuming possession, made a new single agreement with him by which the two earlier agreements were consolidated and the vehicles were regarded as being hired together so that Mr Lord could not acquire property in any one vehicle unless he paid all instalments due on both vehicles. Held: The Court described the clause permitting variation to be:- "so wide that it was almost impossible to put any limit to the power to vary." and added:- "It might be that the position of the debtor was so altered that he would be less able to repay the guarantor, but even such a change was not beyond the very wide power of variation contained in the guarantee." Duty of care by a bank: Woods v Martins Bank Ltd [1958] 3 All ER 166; [1958] 1 WLR 1018; [1959] 1 QB 55 1958 Salmon J Banking, Negligence Casemap 1 Citers If a bank chooses to give advice to a customer, then the Bank’s obligation is to advise with ordinary skill and care. The liability is primarily on contract: “In my judgment, the limits of a banker’s business cannot be laid down as a matter of law. The nature of such a business must in each case be a matter of fact...” and “I find that it was and is within the scope of the Defendant Bank’s business to advise on all financial matters and that as they did advise him they owed a duty to the Plaintiff to advise him with reasonable care and skill.” Salmon J discussed the duties of legal advisers: "it cannot be too clearly understood that solicitors owe a duty to the court, as officers of the court, to go through the documents disclosed by their client to make sure, as far as possible, that no relevant documents have been omitted from their client's ."
  20. 1 point
    Let us take a different "angle" to your "Story" (no pun intended). Bank John Story and Partner One of the "angles" I have just pointed you at: Caparo Industries plc v Dickman [1990] 2 AC 605 is currently one of the leading cases on the test for a duty of care in English tort law. The most recent detailed House of Lords consideration of this vexed question was in Customs and Excise Commissioners v Barclays Bank plc [2007] 1 AC 171, in light of which judgment Caparo must now be viewed. The House of Lords established what is known as the "three-fold test" (a series of three factors), which is that for one party to owe a duty of care to another, the following must be established: Harm must be a "reasonably foreseeable" result of the defendant's conduct; A relationship of "proximity" between the defendant and the claimant; It must be "fair, just and reasonable" to impose liability. So let us look at these three: Harm: Did the bank for example, notify you, draw to your attention as to what the pitfalls will be IF you keep the accounts as you were, did the bank notify you, for example, about joining accounts/refinancing what pitfalls there may be and EVEN hidden pitfalls? (Just let your imagination run loose of what you believe the bank should have done. The bank HAD a DUTY OF CARE). Relationship: There was a relationship between you and the bank as client of said bank. (So that one is definetely proven). Fair just and reasonable to impose liability: You know the anwer to that one. So basically, while you are looking at the CCA and Francis Bennion I am also looking at Tort and Negligence. Do you see now why............ I told you to open your horizons?
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