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  1. Hi, Another Mod, IdaInFife will be able to help you, she's not on-line at the moment, I'll pm her a 'link' to this thread and hopefully she'll help when she comes on. Regards. Scott.
  2. It's a plain admission of a dodgy and invalid DN. Account terminated. Game over.
  3. Just one point I'd make With your SJ app and their letter IMHO you have a stronger case now than going in front of a possibly numpty Judge and trying to explain why their subsequent 'correct' Default Notice is invalid due to the termination (that they will deny)
  4. Hello DonkeyB! You beat me to it! Exactly what I was going to say. EGEddie, you must proceed as if the SJ Hearing is going ahead, and make sure you get a wicked Bill of Costs ready. That's your next task, getting that ready, and making sure you have not overlooked anything, and have charged for everything! Do not let these muppets dictate how this will proceed. You have a powerful argument that they should not be allowed to discontinue, and the SJ Hearing should go ahead. No DN, and they are stuffed. There is no way they can issue another valid one, although they can issue as many invalid ones as they wish, but that will not do them any good. But do keep going. You have them on their back foot now, so keep punching. Then kick them when they are down with a very slick Bill of Costs. Cheers, BRW
  5. no reason why not, i DO have letters after my name Diddydicky, Batchelor of Arts, Science, Technology And Religious Denominations
  6. To issue a compliant DN you would have to agree to reinstate the agreement something your hardly likely to do Despite what they think they can't now have 2 bites at the cherry
  7. Quite correct. They have taken the step of terminating the agreement by attempting to enforce the contract and demanding all sums due. If they have terminated the agreement... how can they issue a s.87 DN? That would lead to the ridiculous scenario of the creditor being able to terminate and reinstate at any time of their choosing. State you will accept the discontinuance on the basis that they meet your schedule of costs and that any attempt to reinstate a terminated agreement requires your express permission which, due to the underlying nature of their original breach of contract, you are unwilling to do.
  8. Please read the following document http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf This gives you a starting point to understand your rights when dealing with a DCA. Remember these guys are bullies and the only way to play the game is to understand you rights and be confident in dealing with them. Dont get angry, get even, it can be scary but ensure your learn your rights and defend them. False representation of authority and/or legal position - Section 2.4 B) falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted E) falsely implying or stating that failure to pay a debt is a criminal offence or that criminal proceedings will be brought Physical/psychological harassment 2.5 Putting pressure on debtors or third parties is considered to be oppressive 2.6 Examples of unfair practices are as follows:b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing Print of the following letter 2 or 3 times, stick one on your door and read it to any visitor for a DCA, then hand them a copy through the letter box. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit- You are under no obligation whatsoever to talk to them at the door. Tell them that if they continue you will report them to the Office for Fair Trading as they are in breach of OFT guidlines. Call Halifax and inform them that you are doing this "If consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question." This should buy you the breathing space you need to get a repayment process in place. 2nd, by defending your self you will get more respect from the DCA and they will start to treat you like a human being, if only just. One last piece of advice, always record your conversations, tell them you are recording the conversion. I do this on every call and have never been stopped by a DCA from doing so.
  9. If your ankle is still not healed and you are having difficulty walking you might want to consider a claim for DLA. There is a 3 month qualifying period meaning you could not claim until 7 April. You should complain to your MP and also ask him/her to involve the Parliamentary Ombudsman.
  10. send them this by recorded delivery "From: My Name My Address To: Acme Bailiff Co Bailiff House Ref: Account No: 123456 Dear Sir With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information. I require this information within 14 days.
  11. Providing you adhere to the terms of the TO after you agree a final draft to your requirements,then both parties are locked to it.Only by recourse of the Court that sealed it can any terms be changed.The above is quite normal inclusion Bozalt in any TO you can regard it as a permanent stay. If you do adhere to the terms and service the monthly payments I dont see why your defence would come into play again.However should the agreement fail then its back to Court for both parties.Judgment can still be challenged or set a side. I trust the above clarifies your concerns. Regards Andy;)
  12. Thats not true, they pay the 6.08% figure, whatever your mortgage rate is, if its higher you have to pay the rest, if its lower then the overpayment will pay off some of the capital, Ive had mine paid for the last few months and this is exactly what happens. Andy
  13. have you applied for a crisis loan from the dss because you would qualify
  14. I always found my MP was very helpful in dealing with the Benefits Agency. And they tend to act quite quickly once an MP gets on to them.
  15. Sorry to hear about your story I am afraid the only advice I can give you is to always make sure any letter you post are sent by Recorded Delivery and make double sure you have the right department like that the dss cannot say they haven't received your letter. Also let your mortgate company know what is going on with regards to the dss and that you have the matter in hand and you are dealing with it.
  16. Apols, finally got around to it. Don't worry if it looks unspectacular. The formatting never fully pastes into the post. The pretty copy is attached, just click on the MS Word document... [Your Name & Address] [Council & Address] FORMAL COMPLAINT Dear Sir / Madam, Ref: [Council Tax Account Reference] I am writing to make a formal complaint regarding your collecting contractor [insert Bailiff Company]. On [Day & Date] at [Time if recalled] my property was visited by two Enforcement Agents from this company. Whilst retrieving documentation for them, they entered my home. They then proceeded to forcefully argue that this was their right. This caused me considerable distress as I felt incredibly intimidated by their demeanour. I had explained that I was unemployed and in receipt of Jobseekers Allowance, Housing Benefit and Council Tax Benefit. Their continued belligerence resulted in my suffering a severe panic attack. You will be aware that the National Standards for Enforcement Agents specifically include the unemployed. This is because the financial hardship associated with unemployment attracts a high level of stress and worry. Bailiff action magnifies this disproportionately. For your convenience I include the relevant part of that document: Vulnerable situations · Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour. · Those who might be potentially vulnerable include: 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. Furthermore, your contractors then proceeded to pressurise me into borrowing significant sums from friends in order to meet their charges. Whilst levying goods, they repeatedly ignored the fact that the majority of items were broken and unserviceable with only negligible pecuniary value. And that other items levied belonged to my Landlord. Having established that the household contained a vulnerable person, who clearly was in no fit state to conduct a rational negotiation , and had no real assets of worth, I feel strongly that your contractors were derelict in their duty of care. I have since made contact with the companies offices who, despite the clarity of the National Standards and their universal adoption by Councils, Courts and Enforcement Agencies, your collecting contractor appears ignorant of the process these Standards outline for dealing with a case involving vulnerable people and their obligations as outlined above. Due to their actions and professional ineptitude, any potential for interacting with [bailiff Company] has now clearly become untenable. Therefore I will also copy this complaint to your Head of Revenues and formally request that the debt is taken back by the Council in order that an affordable and sustainable method of payment can be agreed. I trust that, under the circumstances, you will endorse this. I also trust you will take serious note of this complaint and take immediate steps to ensure that all of your bailiff contractors are fully trained up to professional standards. Yours sincerely ........................................ Send to CEO local council by signed for (or drop it in and get a signature). Copy to Head of Revenues for local council, send signed for or as above. Include a brief covering letter requesting the case is returned to the council. Feel free to include an income / expenditure statement. Email the bailiff company requesting a copy of their complaints procedure. Let them know you wish to make a serious complaint about which you have already notified the council. Best wishes. Rae
  17. ok then, based on what you have said 1/ I dont agree that the matter would need to be reported to the police in order to prove an attempt at theft the "INTENT" of your boyfriend would have to be proved (that he intended to steal your money) he will merely say he thought that as you were an item you would not mind end of If the credit card company were to insist that you report it as a theft you would decline and say that whilst you did not give him authority to do so- you might well have if he had asked- however that does not preclude the credit card company from being careful as to issuing extra cards in your account without your express authority, nor does it excuse the (non) action of their fraud alert team who should, in your opinion have been alerted to a sudden increase of 7000 of spending over a short period by someone other than the original account holder now as far as the credit card company is concerned- they should clearly have checked with you/have some form of security in place to stop any tom dick or harry from obtaining another card on your account without your permission and even then should have e mailed or written to the e mail address on your account to confirm I suspect that they know that have cocked up and think (at the moment) that they have got away with it First thing therefore is to write to them, denying that you ever gave permission to anyone else to obtain a second card on your account ask them to provide by return , written confirmation from you that this card was applied for or authorised by you, together with a true copy of the original agreement which contains an authority to allow unauthorised persons to obtain extra cards on your account within 7 days or in the alternative immediately remove all amounts spent on that unauthorised card, together with all interest and charges that accrued as a result of it's existence and send you a full statement of your account from the day it was opened. do not flower it up with anything else send it recorded delivery at the same time send a SEPARATE s78 CCA request off for a copy of your agreement
  18. press the red triangle and ask for erikap if she will look at your thread,if anyone should know it will be erika patrickq1
  19. as post would say, these letters are crap. The total charge for credit includes the arrangement fee which as part of the charge is not subject to interest and is allowed to be paid for over time. Sec 9(4) CCA1974. I understand from a post I have seen whuch was a reply from Welcome saying that the MIF is not an insurance. So its a fee that they just apply, I am challenging this myself The Wilson case refers to secret commision and fees withing the PPI insurance, these should be brought out but they are not and in the Wilson case the PPI was not payable. I have the same and am challeging it. Also your agreement should be a multi loan agreement because you have 2 catagories of loan mixed together, restricted is the PPI and unrestricted is the cash loan. These must be separate agreements signed for separately and even paid separately although may be collected together. see sec 18 CCA1974. I have not read all your thread but if the agreement is not executed properly and if it is secured, then you should get them to cancel the charge (read sec 105 and 106) In this case the MIF is then not applicable because there is no security attached to the loan and therefore an indemnity fee is not required. This my viewpoint
  20. Hi frettful38, I have uploaded the proposed Schedule of Costs for your hearing on 18th March 2010 at 2pm. Save it on your computer and do the following. 1) Top right of Page 1. Replace the '...' with the Claim Number. 2) Replace the '...' centred above Claimant and below Between with your full name in CAPITALS. 3) Replace the '...' centred above Defendant and below -And- with IT's full name in CAPITALS. 4) Replace the '...' before '- Claimant' on the last line in the second page with your full name (not in capitals, but as you would normally write it, for example: Miss. Fretting Always) Save it. Print 3 copies. Sign each copy. One copy goes into your folder. Next post will deal with cover letters. scheduleofcostsnewhearing.rtf
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