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Showing content with the highest reputation on 06/01/11 in all areas

  1. 1 point
    Hi BH, If you have been left with no money to see you through the month, you could raise an urgent complaint with the FOS by phone. Do this tomorrow using the FOS site for phone complaint contact details. 1. Was any of the money that you paid into the Barclays a/c benefits money from the DWP...... 2. ...... or housing assistance from the council. 3. Was the money going to be used to pay rent or utilitiy bills. If the answer to any of my Q's is YES, you may have a chance of getting the Set-Off reversed by order of the FOS, but this is by no means certain. If the answers are NO, then the FOS are not likely to order a reversal. This then leaves you with the problem of how to get through the month. On a different note, you may be entitled to a full refund of the penalty charges and maybe the PPI on the card a/c's. If you want to pursue this, start a thread in the BC forum for each card and we'll help you get back the charges and interest on them. You may have considered the a/c's to be in dispute because of their failure to send you copies of the credit agreements. But BC will argue that they don't have to send you these documents and there have been court cases which back up BC's opinion to some extent. So simply arguing that the a/c's were in dispute will not help in your attempts to get the £375 back. Have they now taken all that they were owed, or do you think you may still owe more to them on either a/c. If you owe more, do not pay in any more money to the a/c and, as FirstShip has said, withdraw anything that is left in there immediately. There's a useful thread here if any benefits money is involved - http://www.consumeractiongroup.co.uk/forum/showthread.php?36790-Is-the-bank-taking-your-Benefits 8-)
  2. 1 point
    When I worked in utilities, it was common to get a warrant of execution to cut off electric or gas, but you cannot do this with water although you can restrict the flow of water. A warrant of execution was not a route to a CCJ. To get a CCJ we had to get a court summons issued onto the person defaulting and then if they did not pay a CCJ would be lodged against them. It was not automatic here in England. This route was seldom followed as it created more hassles than solutions as most defaulters ha dmoved on which is why they did not respond to summons etc so waste of time and money for the utility company. This also applied to businesses as either they had gone down the tubes or they simply did a vanishing act. Actually wonder if any utility company has ever taken any one to court for bad debt and been successful and got their money as it must be very rare.
  3. 1 point
  4. 1 point
    CAG needs the income and don't have complete control over the adverts. If it keeps this site open definately the better of two evils.
  5. 1 point
    Yes they could ask. And they would be refused. This would be a breach of data protection legislation for other employees mail to be handed over to a third person. Whether work related or not. Access to employees e-mail is restricted to the employer and for legitimate purposes (which is why employers require policies in place to even access their own employees e-mails!).
  6. 1 point
    Hello michaelzac, welcome to the CAG. Enjoy your visit, but take some time to look around the forum and understand where everything is. It can seem confusing at first but you will start to find your way round and to understand what a helpful community we are. You haven't received any replies to your post yet. Try posting your query again in a relevant sub-foum. You will get the help and support you need there.
  7. 1 point
    Ok, This is a much simplified version, short and sweet In Q3 you are asking the Court to either Strike out the claim using its powers under CPR3.4(2)(a) or to make an Order as per the attached draft
  8. 1 point
    Hi Dotty Ok, just read X20's doc and that is actually a nice compromise. An embarrassed defence but delivering it with a kick up the arr$e to the Claimant. BUT depending on the reply (or lack of one) from the Claimant you would have to be prepared to submit an app to Court rather than just making the threat. It all boils down to the approach you are happiest pursuing as, at the end of the day, it is you who will have to makes the apps, appear in Court or whatever. You have to do what you feel is the correct thing in your case, rather than just follow other people's methods. BUT what I would say, is choose one or the other, rather than a mix of the two. There is nothing wrong with 'cutting 7 pasting' IF it is applicable to YOUR case and you understand what it means ...... big difference to cutting and pasting a random defence that doesn't apply ...
  9. 1 point
    Hi Dotty, great input here as usual! Have added a few bits below for you should we collectively decide this is the best option to take. Pretty dire particulars of claim, you shouldn't have to guess as to what they are referring to, it should be concise and perfectly clear. My name is (Insert full name) and I am the defendant in this matter. The Defendant will object that the Particulars of Claim in this action disclose no reasonable cause of action against the Defendant. There is no detailed allegation against the Defendant in law as to how the Defendant should be liable to the Claimant for the amount claimed making no reference to specific failures or breaches of statute. The Particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things) they do not show how the sum of (INSERT CLAIMED SUM) was arrived at and the Particulars of Claim are too vague. The Claimant should, therefore, be ordered to file and serve an amended claim to set out the basis in law and fact as there is no pleaded basis for the claim itself other than a simple unsubstantiated and ill detailed demand for payment. The Defendant respectfully requests that opportunity should then be given to defend the proceedings further, however should the claimant fail to do so the claim should be struck out for non compliance of CPR under the case management powers of the court. Post up what you have and we can help you to get this in hand.
  10. 1 point
    You are not liable or obliged to pay anything to the DCA When you ring the water company to find out why the revised bill hasn't arrived, mention to them that you are being harrassed by Advantis who have been instructed by them to collect an amount not due. Tell them you want them to contact Advantis and recall the account. Also tell them that when you receive a correctly revised bill you will be making payment in full to them (the water company) and you will deal with nobody else.
  11. 1 point
    keep in mind that an 18 request can be done re any 'clarification/information' re any matter in question 'whether or not the matter is contained or referred to in a statement of case'. an 31.14, at this stage, would be re what docs, if any, are mentioned/disclosed in the claim form. their claim form is so vague, is 'regulated running monthly credit account' deemed a document? probably, see 31.4. maybe an 18 also re 'amount due and unpaid' and 'regulated running monthly credit account', and anything else that could be relevant eg DN, Assignment, ppi etc. if they do reply, and state for eg it's re a written cca agreement....., defaulted under.....of the agreement, DN issued...., sold...., etc then an 31.15 request could be done re the then disclosed docs (31.2, 31.3)? what do you think? imo.
  12. 0 points
    ive had this fricking chest infection for over 6 weeks and taking antibiotics every 6 hours which kinda leaves me up to the small hours (as i dont want to get up at 6am to take them)!
  13. 0 points
    i agree 101% never never never discuss on phone EVERYTHING in writing- the proof is in the pudding as described in the preceeding post written communications are a lot harder to deny than telephone conversations
  14. 0 points
    But the point here is that you did know about the changes, you did continue to work under these changes, and you knew that in doing so that you had in effect agreed to the changes. Why people agreed isn't relevant in law, only the fact that they did. So basically you know that the bonus scheme operates on a variable basis and is not a fixed sum. I did not say that an employer can "put anything they like in a contract and if it causes problems later just say it was an error". I said that it is entirely possible to issue a statement of main particulars (which is actually not the contract at all - just part of it) which contains an error or is outdated. In this case you knew that the bonus scheme had changed and you knew what the new scheme rules were - and so it is these that constitute the contractual provision about the bonus. A "contract" is actually a conglomeration of the main statement, policies, procedures, staff handbooks, working practices and so on.
  15. 0 points
    You are entitled to request judgment, as a claim form demands a response. You can then be magnanimous and just accept the balance due. Alternatively, write or email and remind them of the position, and that you require the balance to be paid and you wish to help them avoid further costs. They clearly have acknowledged the amount was due, so they need to make an admission and pay the balance. Did the refund definitely come AFTER the claim had been issued?
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