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Showing content with the highest reputation on 08/02/10 in all areas

  1. GE Capital cards interests were bought by Santander in early 2009, and they moved quickly to dump the 'non-performing' accounts. However, I'm sure Santander should have informed you that they now owned your account. Have you received a statement of account from anyone over the past year? It's now a legal requirement. However, it's not just the CCA and the NoA they can fail on. While such an odd NoA/notice of claim is, I'm sure, legitimate, it won't please a judge as there has been no letter before action, and no opportunity to negotiate before action was begun and costs incurred. Therefore a judge would be very unlikely to award costs if these facts were raised. Next - Cohen always refer to Clause 7, and it seldom exists. It is a serious flaw in their PoC but again they will claim admin error. I'm guessing you have not had the T&Cs which supposedly formed part of this agreement? Can you post up anything you do have? The numbers above in the application aren't the clauses - there should be linked T&Cs which should have been given to you at the time the agreement was signed. If not, they can forget clause 7 and the interest (Carey v HSBC 2009) - someone like pt2537 might even be able to argue that this buggers up the whole claim on the same grounds (though I don't know what the case is when the bare minimum requirements are in the agreement, as here; it may just mean they can't apply clause 7). If you haven't received them, you need to demand the T&Cs urgently, along with the Default Notice supposedly issued by GE Capital. They have to produce it as they have referred to it in the PoC. There's every possibility it will be invalid, so we must see it. You must also ask for proof of the assignment, ie. sight of the DEED of assignment. Their paperwork is usually OK, but you never know what you might find. And boy will it annoy them...
  2. You need to oppose the Interim Charging Order. Have a look at the links below on Charging Orders and what grounds you may oppose them - Insolvency Helpline National Debtline and this gem of a post ( Courtesy of FunkyFox ) - FunkyFox post and sequeci's sticky - http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html Have you thought about trying to set aside the CCJ that has caused the Interim Charging Order application ? Setting Aside a CCJ - A Guide To Setting Aside CCJ's You Never Received CCJ removal inc. step by step guide Applying for a Set-aside Spamalot - CCJ and interest on debt. ***WON*** Setting aside the original CCJ of your CCA
  3. I would think that quite a chunk of your income is protected and that it shouldnt be included in any repayment plan. As GM has said, just write back and say that you DO consider it to be in dispute.. and no, you do not have to complete the I&E form.
  4. hello guys, I went to CAB 2day regards this matter. She checked entire paperwork which we got frm barclays n advent. Clearly got the advice that we've to write a letter to them explaining about s75 and asking for refund and do a registered post. Thr is nowhr mentioned that they r going to provide alternate training in these kind of situations. In my view, we shouldn't accept any kind of tactics played by this BPF. keep posting ur options guyz..
  5. You could write to them quoting the relevant case laws above and warn them that unless they resolve the matter amicably you will take legal action for damages.
  6. Setting Aside a CCJ - CCJ removal inc. step by step guide Applying for a Set-aside
  7. Your main defence is unlawful default notice and illegible agreement.
  8. Hi Nat. I'm a bit pushed for time just now, but Click here It will then bring up all the threads on benefit fraud on the forum and give you an insight to more advice and other's experiences. Also, have a look here. This guide contains all of the facts that DWP must consider to decide if someone is living with someone as a partner.
  9. Well I would only have increased it to 25%, if you haven't sent it yet!
  10. this one is for 8953.08 over 120 months at the APR of 23.4 . monthly repayment £180.27 total payments £21,632.90 interest payments £12,679.82 add 195 acceptance fee. is total payable of 21,827.90 divide by 120 is 181.90 a month. welcome say 129.60 x 120 15,552.00 . . . this is a differance of 6275.90 . Ok I know Ive had a few beers and I did this by hand, no templates or excel calculators if im right and 6k out this is well wrong. dont know if its me or them but I feel I did it right.
  11. Hey seeing as we all had a hug moment when you all said thanks ive updated my signature on here what you think ? haha I used to love that song at school , OHHHHH CYMRU is Wales, well how simple was that haha . . come Ed tell us the story of da dragon.
  12. Hi Pipster Obviously it's your decision, but I'd take a look at the end part of SB100's Restons thread, one of the threads supasnooper mentioned above. He was in a quandry regarding Restons offer to discontinue if the parties bore their own costs, and I think he was ready to go for it, possibly to avoid having to face the court hearing, until one or two CAGgers swung his decision to call Restons bluff as Restons knew they were on their last legs. As snoops inferred above, they know full well that a defective DN is fatal to their claim, but they just string it out until the last moment. IMHO you can win this and get some costs off the Restons ****. I'd say to you the same as I said to SB100, don't give an inch. They're just hoping you'll blink first, and IMHO the letter you are proposing to send is a bit of a blink! Good luck in whatever you decide Cheers Rob
  13. No they are not entitled to know what money you get. Only a court can be entitled to that. Also l would right back to them adviseingthat your position has not changed and there foryou consider the account in dispute.
  14. Hi vint, yes, I realise they should have a compliant DN, but in reality there are cases where they state and get away with it in court as well (such as in Cabot's WS posted above) they are NOT claiming earlier payment of any sum - because due to the passage of time, the full outstanding balance and the arrears are one and the same thing - for example with a loan. I can see how this might work with a loan, but a credit card, which doesn't have any particular end date, is an entirely different thing. I don't actually agree with Cabot's thinking on this, because I believe the date the loan would have finished becomes irrelevant once the account is terminated and assigned, but unfortunately, it's something Cabot and others are trying to do increasingly often. Many thanks, regards, Magda
  15. Unfortunately the CCA and the NOA appear to be valid. Please check that the account number on the NOA matches up with the Account number of the original creditor. The CCA that has been supplied contains the Prescribed terms required for it to be deemed enforceable. Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) - Is My Agreement Enforceable - Useful Consumer Credit Agreements However, I would ask the mediator to pressurise HC for the Default Notice; remember it is a Statutory Document and one that you are entitled to.
  16. hi landy. i am in the same postion as you, i found this on fos, website. default charges Mrs Q had got a little behind with her loan repayments. The lender had added default charges, and subsequently interest on those charges. We required the financial business to arrange for the restructuring of the loan – and to write off any charges (and any interest on them) which would not have arisen, if the monthly payment had been the lower amount that would have applied if there had been no PPI policy. i have sent a letter back to lloyds , stating this and i await there responce
  17. Yes, that would be regarded as a legitimate business reason to pass on your data.
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