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Showing content with the highest reputation on 17/11/10 in all areas

  1. I must point out the risk of costs is still there if you defend a case which is undefendable, this may be deemed as unreasonable conduct and if this is the case, then the court can and likely will depart from the rules on costs in the SCT and can award any costs incurred as a result of unreasonable conduct
    1 point
  2. Hi Guys and thanks for the responses. I don't know who sorted it but its been dealt with following all your advice, thanks again! Vodafone can be efficient when the want to be
    1 point
  3. a) They are not bailiffs, they are just debt collectors. Legally they have the same rights as I do to turn up at your house (e.g. none) b) if the debt (or the last payment) is over six years ago then you don't have to repay it. have a read of this: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act Send them the letter at the end of the fact-sheet via recorded delivery. It puts them to 'strict proof' which means that they have to demonstrate that they have the right to chase you. If they cannot prove this then
    0 points
  4. Welfare rights are usually placed within the local council yes but CAB may also have them. A lum sum payment of £900 would not even fall within the lower capital limit so shouldn't in my opinion, affect your claim - but as I said, I'm not overly familiar with PC.
    0 points
  5. Send them a 72 hour notice back, stating "I do not acknowledge any alleged debt to your or your clients and am going to issue an N1 form in the county court for harrassment, as part of the documentation I will rely on I need the following Details of who sent you the information you hold on me Full details of how and when you have tried to contact me about this debt from 2006 Copy of original agreement in your possesion (which you will of course need for any claim against me) Details of your complaints procedure If I do not have any of these by xxx I will be issuing a cla
    0 points
  6. I'm not sure what andy will say, but i would say just tell the truth in your WS, but keep it relevant and factual. Try not to put in your opinions. As to the default notice, personally, I would not chase that one now either, but do put a copy in your exhibits. You might save for in court, the fact that if they can get a default notice date wrong, then surely they can also get other things wrong too! In your WS, I would state what you have said on here, that you were given a loan by Beneficial in 1995, got in trouble but still made payments because you are honourable. Mention unannounce
    0 points
  7. The simple answer is No you are not entitled to see anything that is legally privileged and it lasts forever. It has been the case for a very long time in the UK that legal advice is priviliged and there was also a recent case at the European Court confirming that this also comes under Article 8 of the European Convention on Human Rights. If you're interested, there's a case here that goes into a lot of detail about the history of legal privilege R v Derby Magistrates Court, ex p. B [1995] UKHL. It starts from about para 34:- http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cas
    0 points
  8. As soon as AIC are out of time (12 working days from receipt of your cca request) it can be placed in to dispute with whoever next demands money from you if AIC are so incompetent that they failed to forward on your request for the agreement to their 'clients' then tough cheddar.
    0 points
  9. Hi Lottie and welcome Hope you get the idea about fighting back against these people - send the CCA request and SAR which will give YOU information about this and also make some complaints about the appalling behaviour of this company and their abuse of personal data. I presume HFO are not ringing you? Do not ring them and look out for postcards from shady delivery companies as this is a way of phishing for your details Below is a link to a thread which explains how to complain to Experian about the credit report that was sent to you. Is there an entry on it for this debt at all
    0 points
  10. Hi Lottie Amend and send the following to HFO CCA request letter. Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request. Your Address Date Dear Sir/Madam Re:− Account/Reference Number: This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true
    0 points
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