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Showing content with the highest reputation on 12/07/10 in all areas

  1. As you have stated, your were not aware of the termination until recently. The OC could have issued a new DN prior to the TN but they did not. The simple fact remains that you have accepted it. As you have said the continued token payments were just to keep avenues of discussion open. Pumpytums
    2 points
  2. You need to apply to court on an N244 for a re-determination of the judgment dated XX/XX/XXX under CPR 14.13 and state this is box 3. Do this within 14 days of receiving the judgment and it is free, otherwise you may have to pay at least £40.00. Annex your I&E to the form and bullet point the chronology of events and state what you can afford to pay and why in box 10. Explain the financial hardship it would cause etc...
    1 point
  3. Whatever you do do not underestimate Reston's. Despite a lot of opinion you will see bandied about they are not a useless bunch of w*****s. They can be very formidable opponents:mad:. Saying that though your case should not progress further than the faulty DN - just make sure you argue the point properly when it comes to doing so. You should find there is a pattern to the Reston's cases. You will submit your defence then they will try and hit you with a Summary Judgement. If that fails it goes to trial - or they will withdraw before then if their case is on very rocky ground. In amon
    1 point
  4. No, you can claim it at any time after their termination (in this case a demand for the full amount). That you had previously continued making payments in ignorance shouldn't matter.
    1 point
  5. Have a look on the PPI forum on here bilious , there are a lot of knowledgeable people on there who will give you good advice ....... first on whether you have a claim for mis-selling and second , how to go about reclaiming it ........ http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/ It also puts your account in further dispute , so you shouldn't be chased for a debt ... but you will be ... 'cos they're like that .... and they get away with flaunting the DCA rules ..... But if you hold out against them , they usually back off a bit ......
    1 point
  6. Familiar story. Personally I'd pay them 1st of all (keep your credit file clean), then SAR them (including £10 fee via postal order) and asking for recordings or transcripts of all calls and notes on any computer systems including descriptions of any codes. Then follow their complaint procedure outlined in their "Code of practice" I'd personally also backup any complaint by writing to them at their registered address HUTCHISON 3G UK LIMITED STAR HOUSE 20 GRENFELL ROAD MAIDENHEAD BERKSHIRE SL6 1EH In your letter include your full name and address, account n
    1 point
  7. If you are a homeowner it explains why Reston's/MBNA are chasing you so hard. If you had no assets they would have sold your debt on to a bottom feeding DCA for a fraction of the amount due. You may find that they have already searched the Land Register and know you have a property. Further down the line, if they get that far, they will go for a Charging Order on your property. But don't panic that is a very long way off. First they will have to get a judgement against you. With your DN that looks unlikely. Whatever happens keep fighting and don't let them grind you down.
    1 point
  8. Hi Dan this is how to work out APR as far as I know, maybe somebody will correct me but here goes, lets use your first loan as an example take the full amount of loan £4939.37 over 3 years with monthly payments of £193.79 multiply monthly payments by number of months over life of loan £193.79 x 36 = £6976.44 divide total by original amount of loan £6976.44 divide by £4939.37 = 1.41 Move decimal point 2 places to right to convert to a percentage = 141% Divide the percentage by number of years 141 divide by 3 = APR 47% Hope this helps
    1 point
  9. There is nothing wrong in taking the best bits of any Witness Statement you see on here and using it for your own case - just adapt to suit. Do as I did post up what you cobble together for comments to avoid any major pitfalls/clangers. Or use one WS as a template for your own and delete the bits that don't apply to you and adapt the bits that do and add in the bits that only apply to you. There is absolutely nothing wrong in using anything on CAG to your advantage. I'm pleased you approve of my efforts:)
    1 point
  10. Whilst LTSB may have another Data Controller for Insurance services, their previous literature indicates what procedures must be followed to cancel etc. then that dictates who controls the Data.........unless LTSB have informed you otherwise since, in writing. I would investigate to see who owns LTSB Insurance services. If it is LTSB, then your original SAR is enough as this is a request for ALL the data that LTSB have on you. I would also point the Judge to the said literature that states their communication path regarding cancelling PPI etc.
    1 point
  11. Hi Mike At this stage you should just return the 'acknowledgment of service' form- online if you can. You then have 14 more days to submit a defence. You should note that a SAR [subject Access Request] is a notice under the Data Protection Act requesting documents which hold personal information about you. The bank (or Data Controller as it is termed) has 40 days to produce documents once you have paid a £10 fee. A SAR is OK when you start out trying to reclaim bank charges but pretty useless once the bank has issued a claim against you - it takes too long. Also a request under
    1 point
  12. Having worked in a few call centers, it is always nice to get a "thank you" letter or (as they call them in the call centers) a "Verbal Bouquet" (where you ask to talk to a manager to say thank you when someone has gone above and beyond what was required to sort a problem out!). I've had letters framed and put on my desk before by the managers which does give a nice feeling. A lot of "customer service" jobs would be absolutely horrible without the nice customer feedback and knowing you help people, so everyone should keep this in mind. I've now taken the plunge and got a Vodafone contract
    1 point
  13. Aegis are, from memory a company based in Mumbai. Soon after they got involved with OH for his MBNA account we started getting sales calls from the USA (as a side note, they really don't get it when you stay on the line to tell them to remove your number, they get very indignant that they are trying to give you a free holiday. Of course they are:rolleyes:). Anyway, after a couple of letters to OH from Aegis, and calls from both them and other international companies, I wrote this to MBNA (highlighted parts are the relevant bits). Now of course they completely ignored every s
    1 point
  14. ....and to offset the genuine arrears at the point of the breach. The injured party as a layman can only act upon the repudiation when he becomes aware of the significance and his right to accept and rescind..be it immediately or at a later date, upon taking advice. Thanks for the kind words, Pumpytums
    1 point
  15. Might be a good idea to urgently go to either cab or welfare rights as welfare rights can ring them on her behalf with her permission. I would have thought that as long as mum can prove the kids are in her care full time that child benefit have a responsibility to at least freeze the account till can process the money to her, especially as you explain he is spending it and she needs it. Nag them politely and if possible record the calls showing your effort to sort it and what they say incase you can claim any of the money back later. I could understand if dad had care of them at least for
    1 point
  16. Thanks to Lee and the team, this issue has been cleared up for me. I do owe the money and an error on my side has prompted the entry in my credit report. I am now awaiting proof of debt from Lowells that I owe the money to them. Thanks again to Lee and the team.
    1 point
  17. As HW points out as you didn't manage to conclusively prove your case to Otelo I can't the courts ruling any differently if you're going in with the same evidence. While I have no direct experience of small claims matters you might find the following publications available via CAG useful with any purchasing helping to fund the site to consumers can continue to benefit from the marvelous assistance of both the mods and regular members. The Consumer Forums - The Small Claims Kit ? published by Lawpack The Consumer Forums - Small Claims Procedure: A Practical Guide - latest 5th Edi
    1 point
  18. Hopefully , someone else will come in with more , I only say it as I see it .... but there may be other options to be considered
    1 point
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