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

  1. Well, it's amusing they should say that as the credit agreement wasn't signed, it's your responsibility... because that should be precisely how you'll get rid of them. 1st thing to do is to fire off a CCA to all 3 of them with the statutory fee. Catalogue companies are well known for not having properly signed agreements themselves, and if that's the case, game over for them. Having said that, if you received a letter from a DCA, it may mean that they've sorted out the problem for you anyway, lol. Who was the DCA letter from? BTW, sorry, going to ask team to move your thread again, this is really going to be a debt issue, not
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  2. HI I think I did send you a pm but will reply on thread in case anyone else is in a similar situation, I can only pop onto the forum every now and then due to having my son at home still, In hindsight R had AS well before he started showing signs of the kidney disorder , his pead feels that he was showing signs of it from about the age of 7 , but his high tolerance for pain and discomfort masked it for years, he used to wake up every morning with huge bags under his eyes but as he did not sleep more than two hours a night we thought it was due to that, My son is so pedantic and professor like that I am 100% sure that his symptoms
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  3. Well, I agree with EMC and think you should write to the Court Manager and complain. In that letter include the fact that because of *their* actions you have been rushed into submitting a defence and that your case is already severely prejudiced especially as you are a Litigant in Person. Terrible behaviour ....... I would also consider reporting Morgans to the SRA. I am sure that is not approved practice ....
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  4. You're not so bad yourself EMC! :-) Sound advice from EMC here for you too, gareth.
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  5. The limitation period has passed. They have 6 years to commence court action from the final decision made on the overpayment. 6 years have passed since the final decision. They may try to take you to court but they would need to be able to prove their claim. In civil court, the onus is on the claimant (in this case the DWP or the creditor) to prove to the court that the debt exists and is recoverable. When someone wants a CCJ, they have to go to court to get it. The process involves sending you forms, which includes your right to file a defence. If you don't defend, the court can issue a default judgement, yes. If you defend,
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  6. Hi Lee, Just wanted to say a great big thank you for your help in resolving both the current contract and also for refunding money owed that we didn't even know was owing ! Job well done yet again. Many Thanks Mark & Nikki
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  7. Hi brydges88 I'm disappointed to see the difficulties you've had with your account. I've found your email history from the reference number you gave and as it was missing the code WRT135 in the subject line it didn't reach our team. Don't worry though a member of our team will be in touch as soon as we can to help. All the best Kirsty Web Relations Team Vodafone UK
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  8. Wait for the advise/link to be posted. Don't worry or lose sleep, now you are here you can all but forget about the account as Lowell are pretty useless at dealing with people who get advise from CAG. As already mentioned, it is highly unlikely there is a signed agreement for this account. If they phone, refuse to go through security with them and be rude enough to hang up if you have to. Insist they communicate in writing only. They are known for making notes on their system that claim they have agreed a payment plan with you, or whatever. Try and prove otherwise! Consider this - if it were the original company then you would be happy to
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  9. You will need to acknowledge service by tomorrow - 11th You can do it online. You will need to register with the new website, it is quite straightforward and instructions are easy to follow. Make sure you print off the receipt for your records. Yep, you will have until the 26th September to put in your defence so you have a little time in hand, but you should get in a couple of days beforehand. Do you have all the information you require in order to put in a defence ? statements etc ? If not then yes, you need to send a CPR31.14 request to DG Solicitors. I will find some links for you. I will just have a look at the POC again
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  10. What you need to understand is that Morgans et al work in the shadows of consumer ignorance, the majority of people simply buckle at the thought of a court case. Further, the litigation route is too often used as a threat en masse by debt collectors, low rate solicitors and others who quite simply use the court system as a way to sort those who fight from those who haven't a clue. It's a harsh term but 'rape of the ignorant and defenceless' really isn't too far from the reality. Once you've adopted this mindset and adjusted your perspective it rapidly becomes clear why claims such as yours are made. Luckily CAG is a vital resource a
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  11. Right where do I start. Droyds will have been collecting on behalf of Empire Stores, when they passed to to Shop Direct Financial Services (SDFS) they were only giving it back to the original creditor, as Empire Stores is owned by SDFS. If SDFS has sold the account to Lowells then you should have received a Notice of Assignment (NOA) stating that Lowells are the new legal owners of the account. But they maybe, as Droyds were, merely collecting on behalf of SDFS. As for the charges I would presume these would have been added by SDFS, so it is them you need to contact to get them refunded. You need to find out who the le
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  12. Ok, time to send CCA to Lowells, template letter in the library, £1. postal order and don't sign the letter. Lowells will probably write back saying that they will send your request to the original creditor. This puts the account into dispute - they have 12 + 2 days to comply with your request. If they fail to comply you can if you wish cease payments to them. If they do send you an agreement, remove identifying details first and post on here for peeps to give their opinion using a free photoimaging site such as photobucket. Never speak to these people on the 'phone, they will just make you angry and tie you up in knots. If you wish
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  13. Hmm... methinks they may wish they'd never picked this fight by the time you're through, gareth.
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  14. Agreement – Wrongly headed as a Credit Agreement, should be a Credit Card Agreement. As such the prescribed terms are different. Did I give you this information earlier? Let me know. Agreement – Wholly illegible. State you are unable to determine the nature of the documents supplied by the claimant and as such you require the originals to be produced. If the claimant cannot provide the originals they must use the Civil Evidence Act Documents in Court to introduce hearsay evidence, application of which you wish to inspect. If hearsay evidence is to be used you can question the Data Handling procedures of the claimant to pu
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