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Showing content with the highest reputation on 09/03/10 in all areas

  1. Your name and address To: Xxxxxxxxx Welscum Finance ....... Insert date: xxxxxx REF: XXXXXXXXXXXX – THIS ACCOUNT IS IN DISPUTE. Thank you for your letter dated 4th March 2010. I have had time to consider your final response, and are still unhappy with your conclusion. In response to your findings, I confirm the following: Unenforceability of the Credit Agreement. 1) I signed the agreement on the 27th December 2008. 2) You have not provided any evidence when my agreement was dispatched to me. UNDER ‘KEY FINANCIAL INFORMATION’ The agreement states: £15,000 = total amount of credit 144 = numbe
    2 points
  2. To Mischon de Reya and Mr X of Counsel: This thread exists exclusively to assist Shakespear62 in preparing his litigation against American Express. As such it is almost certainly protected by litigation privilege. The legal requirements for claiming litigation privilege are well established and are not in dispute. Communications between a solicitor or the client and a third party will be protected by litigation privilege where the communications are for the dominant purpose of obtaining legal advice in connection with, or conducting, litigation reasonably in prospect: Re Highgate Traders Limited [1984] BCLC 151. It is possible
    2 points
  3. Even if you are living abroad, they can still come after you for a debt especially in the EU. Some UK Debt Collection Companies may have Partner Companies in the EU. Any agreement regulated under the Consumer Credit Act 1974 is only enforceable in a British court. A CCJ can only be obtained against a UK resident, if you are living outside the UK they cannot legally obtain one, although there are incidents where some creditors have obtained one using a previous known address, if this has happened it can easily be set aside see; National Debtline England & Wales | Debt Advice | Factsheet 12 How To Set Aside A Judgment In The Coun
    1 point
  4. N1 is form to file claim at court Blobs are on the left hand side under number of posts you have made when you have helped someone and they tip your scales when you have a certain amount you get a blob everyone starts with one blob I believe
    1 point
  5. Hi Prophecy, I would suggest you'd most certainly fall within the vulnerable category of the National Standards for Enforcement Agents. : Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents Those who might be considered vulnerable include the following: the elderly; people with a disability; the seriously ill; the recently bereaved; single parent families; pregnant women; unemployed people; and, those who have obvious difficulty in understanding, speaking or reading English. As PT mentioned, these standards apply to the household. It would be rather silly if the
    1 point
  6. According to the Civil Justice Council Mortgage Arrears Protocols S.7 lenders should indeed consider all options to help including changing to interest free for a period of time. Mortgage_Pre-Action_protocol_full version.pdf
    1 point
  7. Ozzy, tut tut tut - have we not learned anything? Lets put a proper dated timescale like 00/00/0000. Can't just give them 14 days. We are cleverer than that! LOL
    1 point
  8. It has been a few years since I had to remove bikes from blocks, but whenever it was done it was pretty heavily documented. Notices everywhere, to leaseholders and tenants, photographs of any "offending" bikes, both before removal and after - and any bikes were then stored in a pre-arranged place, off-site, which had been communicated to all, with bikes being booked in and signed for... all done so that there was no doubt as to what occurred and when, to avoid issues such as this. If this was the first time that any "bike problem" was raised (which seems a little unlikely, but could, perhaps, be an overly keen, inexperienced propert
    1 point
  9. No, do not add 'I do not acknowledge this debt'. They have issued court paper so no point plus if it does get as far as a hearing, a DJ may look at it as though you are attempting to avoid the debt altogether not just defending on legal grounds. It's not statute barred so forget that angle - go ahead with the SARs & CCA.
    1 point
  10. Thanks for that guys, good to mull this over. It seems most likely then that for the majority of cases the entire Waksman ruling has actually done people a favour, less so as the agreement becomes newer. I was always troubled by the CPR rules stating that in court where the claimant relies upon a paper document it should be available for inspection, the definition of should and must being the subject of numerous postings on CAG. It appears that Waksman effectively re-enforced this with his findings but at the same time created the potential for inequality of 'justice' for creditors due to the fact that new accounts are less lik
    1 point
  11. In that specific situation, contest the possession order. As you are not 2 months in arrears, there is no automatic grounds for possession, and he is unlikely to get it. However, two things to bear in mind. First of all - YOU CANNOT WITHHOLD RENT IN THE WAY YOU ARE SPECIFYING. There is only one time when you may withhold rent in a case of disrepair, and that is to exercise your right of offset - i.e. get the disrepairs resolved yourself and deduct the cost from the rent. Second of all - are you in a fixed term contract and if so when does it expire?
    1 point
  12. Dear So and So, Data Protection Act 1998 – Subject Access Request (SAR) Please supply me with a complete list of information relating to my employment with XXXXXXXXX, retained either electronically on your computers or manually, in files. That includes, not exhaustively, manual intervention as written reports compiled by any member of your staff, manager notes (either manually written or electronically stored) compiled by any supervisor or manager. Additionally, where there has been any event in my employment history over this period which has required manual intervention by any member of your staff, or any other pe
    1 point
  13. evening all been asked to drop in what central trust has done is like my friends at welcome all the interest has been piled up at the begining its a con in a sense , even though the ppi has been deducted, you are paying it back in the remaning interest when they removed the ppi, a new agreement would need to be signed or at very least, an agreement to modify the original please scan the agreement in full and post onto your thread so i can do the numbers
    1 point
  14. Righto, where you have said you enclose the statutory fee.. I would include the following "This fee is to be used solely for the purpose of this Data request and for no other reason". Oooer, I dont know about the Do Not Acknolwedge any Debt heading. I would say you are entitled to see this information regardless of whether the account is nearly statute barred or not. I cant see that you are confirming that any liability is owed by you. What you are asking for is proof that what they say is correct. Perhaps someone else will confirm for you.
    1 point
  15. here is the letter to send forget about denying debts etc - that is obvious by your defence Please serve amended particulars of claim and plead yor clients case in an appropriate manner within 7 days, so that I am aware of the case I will have to meet at trial. I request that you attach to the particulars a copy of the agreement upon which the claimant relies. The matter will be transferred to my home court and the claimant will have to produce the document, in any event. In those circumstances you should plead in accordance with the CPR rather than the Northampton county court regime. Failure to provide that requested i
    1 point
  16. I could send a transcendental knuckle-sandwich? That will be £30 please!!
    1 point
  17. This is getting really tedious. My comments above have been taken out of context, and have only served to convince me that this annoying character is just an even more annoying Troll. The public anonymity that I proposed was to ensure CAG members' true identities are hidden from public disclosure, i.e. to stop annoying Trolls from using any such scheme as a convenient way to tease out real names on the pretext of pretending to be interested in buying, or swapping, or trading something. CAG members' identities should remain hidden until the point of making the mutual agreement to Sell/Trade or Swap. Given how much help people on C
    1 point
  18. There are few clear cut dividing lines when dealing with DCA's and debt. And also no guarantess, so as hardup said it's not just a simple case of making debts disappear. When a creditor fails to supply a compliant Credit agreeemnt in reponse to your request after 12+2 days you can put the account into dispute and withold payments if you choose to do so. But most DCA's don't give up easily and you will no doubt get a lot of hot air calls and threatening letters for a period of time. All of this can usually be dealt with. Without an enforceable copy of an agreeement normally a DCA can't enforce you to pay it thru the courts. But for a
    1 point
  19. Completely incomprehensible therefore. As suggested, seven-day warning letter for a revised PoC and/or request for more time, as suggested by pt, then go for strike out. In the meantime, some S78 requests and SARs wouldn't go amiss.
    1 point
  20. well they are screwed any way from what I have read here, you already have a ccj for one of the debts so I dont see how they can go for it again acknowldege and defend
    1 point
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