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Showing content with the highest reputation on 06/01/10 in Posts
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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 wi1 point
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Thanks Citizen Real Big Thanks Jedene The Letter Will Be Ready By Morning1 point
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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 .......1 point
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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 refers1 point
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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.1 point
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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,1 point
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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 prescri1 point
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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 t1 point
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BAD ADVICE. All letters should be kept and used in a formal complaint against these shysters1 point
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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 con1 point
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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?1 point
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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 think1 point
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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.1 point
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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, brilliant1 point
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Thanks PF Good luck with your case on the 14th, look forward seeing your result when you post it up. Gaz1 point
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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.1 point
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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 h1 point
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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 of1 point
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