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Popular Content

Showing content with the highest reputation on 10/03/11 in all areas

  1. 1 point
  2. 1 point
    Mr Barclaycard can you explain your reasons for joining CAG and how you can help, or do we need to supply a signature first?
  3. 1 point
    I think what we’re asking is was the judge’s interpretation and acceptance of that letter as termination correct.
  4. 1 point
    Well, I would like you to back that up showing me how the behaviour of the creditor in removing PH's right to make repayments as per the agreement, was not a breach of the agreement I would also like you to show how issuing a termination notice, and demanding sums not yet due were also not breaches of the CCA (and possible the contract as the contract also states they cannot terminate or demand unless a 'proper notice' is served which one could take to be a notice complying with the relevant Law regulating the said agreement)
  5. 1 point
    Salesmen are perhaps more pushy but researchers tend to (with a bit of persuasion) take a no, especially if you explicitly say so. It's MRS mainly, like I said, the company can lose their MRS association if they break the code of conduct, and they won't want that, also a lot of researchers are either employed casually or self-employed so simply wouldn't get work if they were breaking the rules. In these cases a simple no will usually be fine. The issue of sales masquerading as market research is different but don't forget any genuine research is confidential (MRS rules) and any genuine research agency would mention the MRS so you can check who they are. But if you don't want to do it, simply decline politely.
  6. 1 point
    Have now received Notice of Hearing (31st May) in my local County Court at 2pm for the Defendant's Application to set aside the Judgement dated 22 February. Apparently 30 mins have been allowed for the hearing and parties should file and serve statements at least 5 days before the hearing. I've emailed the court asking what that last actually means, but I'll ask here as well. In the meantime, still haven't received anything back regarding the SAR, but in all honesty I'm not expecting to either, certainly not in time. Unfortunately, this isn't something I can allow to go on for much longer past 31st March owing to some extreme health conditions within the family, my own notwithstanding. Briefly, my wife is currently pregnant with a child who has been diagnosed with a congenital heart defect which, in the consultant's terms, is "incompatible with life." The child, once born, will require open heart surgery within the first few days of birth, another one at a few months old and another one at a few years old. Projected odds for survival, 60%. SO, as you can imagine, I'm currently under a massive amount of stress to sort this out NOW. The Court has been apprised of this in my initial Application for Set Aside, as being the reason that it wasn't properly defended at the time Wescott brought the initial claim. I have also stated that this can be backed up with medical evidence if the court so requests. On the initial application to set aside, I have ticked the box "the evidence set out in the box below" and stated the following: THIS DEBT FALLS WITHIN THE PROVISIONS OF SECTION 5 OF THE LIMITATION ACT 1980. IT IS A MATTER OF PUBLIC RECORD THAT I HAVE RESIDED AT MY CURRENT ADDRESS FOR THE PAST 8 YEARS. IN THAT TIME I HAVE HAD NO DEALINGS WHATSOEVER WITH THIS DEBT, BY TELEPHONE. LETTER, EMAIL, PAYMENT, NOR ANY OTHER METHOD, ACTUAL OR INFERRED. THIS CAN SUBSTANTIATED WITH A SIMPLE CHECK OF MY CREDIT FILE (ATTACHED) FURTHERMORE I AM OF THE BELIEF THAT THE CLAIMANT IS FULLY AWARE OF THE ABOVE AND IS ATTEMPTING TO USE PERCEIVED IGNORANCE OF THE LEGAL SYSTEM IN AN EFFORT TO FRAUDULENTLY OBTAIN MONIES THAT THEY ARE NO LONGER ENTITLED TO. IN ADDITION, NO DEFAULT NOTICE HAS AS YET BEEN ISSUED, NOR ANY OTHER PAPERWORK IN SUPPORT OF THE CLAIMANT'S CLAIM, BEYOND AN EXTREMELY VAGUE PARTICULARS OF CLAIM. For info, their PoC was: The Claimant claims for sums due under a/various Personal Loan Agreement(s) entered into between Marks & Spencer plc and the Defendant. The rights of MArks & Spencer plc passed to the Claimant pursuant to an assignment dated 19/01/06 between Marks & Spencer plc and the Claimant. The agreement(s) was/were terminated upon the Defendant failure to comply with terms of the Agreement(s) and or the statutory Notice of Default served by Marks & Spencer plc. And the Claimant claims: Personal LOan Account 123456789 balance of £6109.94 as of 19/01/06 Interest under Section 69 of the County Court Act 1984 at the rate of 8% a year from the assignment Date(s) to 01/11/10 of £2339.52 and also interest at the same rate up tot he date of judgement or earlier payment at a daily rate of 1.34 AND costs.
  7. 1 point
    On 19th Feb I Chased for a reply to my letter of December. "We'll be in touch soon", they said. Almost another 3 weeks have passed since then... What a shambles of an organisation. I have been waiting almost 3 months for a reply to my letter.
  8. 1 point
    The CAB should be able to help up to a point - if HFC want to enforce the decree, they will have to have it rubber stamped in a court in England. English law applies here as you live in England. Scottish court decrees have no more validity in England than English CCJ's have in Scotland - they just have to figure out how to make them enforceable in different jurisdictions. Go on to the Scottish courts website and look up Time to pay orders - the same as a time to pay direction, but applies after decree is granted. print one off and I think there is also help on how to complete it. You might have to phone the Sheriff clerk to check if you can do this without turning up at court. Try to make a reasonable offer - £xx per month with balance on completion of sale of house or some thing like this. Or, just ask if they will take a monthly payment that you can afford until the house sells. Now they have an inhibition, they know they will get their money back, and some creditors are happy with this.
  9. 0 points
    The interim charge itself can be applied for with no info being sent to the judgment debtor. They will then get sent two notifications; one from the Land Registry alerting them to the restriction and also one from the court with the final charge hearing date. The Mercantile argument is certainly strong enough as it reinforces s86(1) of the County Courts Act 1984 which states that this type of action shouldn't be allowed by a court if the instalments on the judgment are up-to-date. It will, however, ONLY work if the instalments are in place BEFORE the CO application is made.
  10. 0 points
    Kate Send me a PM with an email address to send a file, and I will send you a calculator that does everything for you.
  11. 0 points
    Instead of waiting in tomorrow for the dreaded knock on the door - if they come at all, bailiffs and timekeeping do not go together, you should instead see if you can go to one of the City Council Welfare Rights Offices - had a look at your Council website and there does appear to be quite a few of them. They should be able to help steer you in the right direction as to what you may or may not have claimed at the time. You will of course have to treat your home as Fort Knox to be on the safe side. The Bailiff when he calls can be very intimidating and may utter all sorts of threats - breaking in, having you arrested, having you imprisoned, involving the Poice & locksmiths. You can of course utter things back that he may understand, most of which will end in OFF. Do not believe anything he says - he is a liar cheat & bully. Whatever happens do NOT at any stage let him enter your home, if you have anything outside move it NOW & if you have a car best to move it out the way, a good 10 minute walk away for example. PT
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