The forum is very confusing for some people and they are constantly asking where they can find letters and guides or for links to documents. Below is a complete A-Z index of the main stickys with their links. In addition there is the ConsumerWiki A -Z here: http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/123374-consumerwiki-z-index.html Please PM me or a Mod if you find any bad links or would like to add any other useful links If you are new to forums this thread will be invaluable: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html It sho

Along with 30-40 others I was at Kingston upon Thames County Court this afternoon for a direction hearing with Barclays bank amongst others. I know a lot of people are nervous about the possibility of going to court so I took a few notes with a view to reporting back and I must be honest it was a couple of hours of excellent entertainment. First of all the cast. The judge was a very well presented and instantly likeable bloke. A bit like Ken Barlow on Coronation Street. It was clear from the start that he wasn’t going to miss the opportunity to entertain in front of what was a capacity crowd in Court Two. On the fron

PAYMENT PROTECTION INSURANCE Before reclaiming or cancelling PPI you should have a look at the following Notes and see what type of PPI you actually have. Always consider all the facts and figures before starting a claim.. Whatever you do Do Not Just Jump In without researching your own policy, and don’t be afraid to ask for help / advice on the forums on CAG. There are basically 2 types of Payment protection Insurance policies. 1) Monthly paid premium (as used by most of the credit card companies) These policies should not be a big problem to cancel; normally they will cancel this type of policy if you write to

For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typica

Hello and welcome to CAG! There are a few things which are a must for you to do: Read the faqs https://www.consumeractiongroup.co.uk/forum/68-faqs/ Print them out for future reference, believe me you will need them. Start a thread in the relevant bank forum. You will find the banks sections by following this link https://www.consumeractiongroup.co.uk/forum/3-bank-and-finance-subforums/ Read the threads in your banks forum, this will give you an ideal insight into what you are taking on. A few things to remember: This is your money, it t

Claim No: XXXXXXXX Dear Sir/Madam Claimant’s response to the request for further information We have received a request from the defendants for further information, which they say is made pursuant to CPR Part 18. However it is highly likely that this claim will be allocated to the small claims track and we know part 18 does not apply. The Defendant’s part 18 request suggests very strongly that we have not supplied them with enough information to mount a defence. Despite this they have submitted a very full and complicated defence. We are anxious to be seen to be co-operating as much as we can and the

Lloyds “Victory” – A VIEW OF THE JUDGMENT There is a massive amount of activity in relation to the recent judgment by District Judge Cooke at the Birmingham County Court in favour of Lloyds TSB. Much of what is being written now on these forums relates to concerns that do not seem to me to be justified based on the actual judgment and the circumstances that lead to it. I am posting this view of the judgement after reading it to try and help other users understand it better. Of course, the analysis is only my understanding and others may have different views which I welcome. It is my opinion that the judgement is of no legal rele

Thank you Kazzie, Night Owl, Broke Dave, Marconi, Nicsussex, Barty and GaryH who will probably lurking around somewhere. I have won several claims, but this one means the most to me, as Lloyds is really my home here at CAG and this has been by far and away the most difficult (but enjoyable) claim. Anyway my thread is a bit long, so to save reading it all, roughly in summary this is what happened: 1. Commenced claim in Dec 06 for £3.5K include 10 years of charges and CI 2. Lloyds paid the 6 years of charges in Dec 06 of £500 3. Lloyds requested stay in Jan 07 4. Stay Granted until Mar 07 5. Judge ordered New Strategy

I thought it would be a good idea for anyone who currently or has previously worked for a DCA to have a space to help anyone else out. I know that there are some here who work for DCA's or at least did do. Here is your opportunity to right your wrongs and provide any hints, tips or general information. If you still work there, do not identify yourself and be careful to cover your tracks. My own experience is working for Robinson Way, which I did several years ago. I can tell nothing has changed however, because they're still using the same old two-bit, grammatically incorrect letters. Letters I think it's important for people to

GETTING MCOL RIGHT If you have a choice, it is always preferable to file using N1 at your local court. The two main disadvantages with MCOL are that your Particulars of Claim are limited to just 1080 characters with a maximum of 24 lines and you cannot attach the schedule of charges to your claim. Both these drawbacks can create problems later on. The banks use these limitations of MCOL to assert, with some justification, that the claim has not been fully particularised. Therefore I would strongly advise you to file at your local court. It will be transferred here eventually anyway. OFT TEST CASE: Following the announc

best thread in ages. So much useful info. Onthebrink, you'lll never realise how much help you've been. Amazing how someone can have 4 green blobs for less than 100 posts. It's what we all should be striving for. CAG heaven. They should make the scales bigger cause nobody clicks on mine. I think the gingerbread man avatar scares them all off.

OK, well finally here it is

don't take that too personally - it's meant to be funny! ok, some background - as things have progressed - we have had to move along in our thinking about things - last autumn - dg was making offers before the 28 days were up. earlier this year - dg was making offers before the aq was due. now dg is making offers when they are forced into it by court dates or directions. last autumn almost no one had to do a court bundle. earlier this year a few had to do it. now it is really getting more and more common. a court bundle may be required for a court appearance, the directions from a judge to provide this information or

Thanks for the support everyone. I've a bit more to add to this now, earlier I was on my way down to Ashton town centre and my moby rang, it showed annonny and I immediately assumed it was robbingscum weigh (LOL!), anyway I put my "I hate you" head on and answered, and low(ell) and behold it was the nice team leader from Trading Standards (quick change of heads!), asked if I was happy with the outcome, thanked her profusely (and I genuinely do not do profusely very often!), and said I was more unhappy that Lowell had banged me with defaults, so she said she'ld pop the appropriate leaflet in the post to me, not being one to miss an oppotu

This may have been posted on here previously, but I picked it on Facebook this morning - it reportedly originated on MSE forums. DJ Harvey, at Lewes County Court, dismissed the claim of One Parking Solutions and was rather scathing of OPS in their judgement. It's well worth a read if you've not read it before. There are some real nuggets in there that will be of use to us mere mortals. One Parking Solution v Ms W 5 Feb 2020.pdf

Debt: We know how hard it is, when you feel that there is no stopping the flow, the banks are relentless. They bounce a direct debit, charge you for it, then the money you had coming in is swallowed up by the charges, and more payments bounce. And there's so many charges that you can never catch up, and you are sinking further into debt. Sounds familiar? There are however steps to make it stop, at least temporarily, and start regaining control. First of all, you should have another account. Then, cancel your direct debits on your existing account. But don't start new d/d on your other account. D/d give them the right to help t

You walk into the court room. The entire room hushes, as the eleven men of the jury all look at you. GUILTY! They think! Judge John Deed scowls… Ech, not quite. People have a very warped sense of what a civil trial is. For a start, unless you’re dealing with very very very large amounts of money, no jury. Second, no court room. You’ll go into a nice office room, with a judge whose job it is to take into account the fact that you are a litigant in person, i.e. a normal bloke or lady who doesn’t have much experience of Law. The “trial” will be informal, involve lots of looking at law textbooks by the judge and solicitors, and at worst you

It serves no useful purpose whatsoever to send any letters to OC's/DCA's once a CCA request has been made! In fact, if anything it will have a detrimental effect on your case! I have been making this point till I'm blue in the face and unfortunately some people on here are giving contrary advice, when they know nothing about the litigation process! Nobody can afford to take a narrow view of a situation once pmt problems start, you have to look ahead from a well rounded perspective. Hence why I say start preparing for a Court claim to be issued from day one! Consider the following two scenarios: A CCA request is sent to an OC. They d

it works now i think just click the title dca song neilandelaines1stopshop.co.uk

If I can just say one thing. From the experience I have had Dave is a really nice fella and I'm sure there is nothing malicious involved in any of this. It goes without saying that running a forum that has grown to this kind of size is bound to bring no end of complications, and I include in that the problems revolving around the loss over that weekend of Cabot Sub Forum, it can't be easy and I'm sure anything Dave has done has been for the most honourable of reasons and I'd go so far as to say for the best interests of this forum. I don't know him or anyone else particularly, all I know is what has been done to get the site where it is today

I only discovered this site a couple of weeks ago and have been addicted every day since - the amount of knowledge and confidence you all give is tremendous. I'm not sure if this is the right section to post this but - Yesterday an employee came to me (as HR manager) and showed me a notice of eviction for tomorrow at 12 noon. He explained he would need time off to sort something out. It transpired that he had got into a terrible mess with his mortgage and had just buried his head in the sand until he received the eviction notice. As he lives on his own and is quite a solitary person he had told no-one of his predicament. I managed to g

In the "Tonight" programme a few days ago, Martin Lewis announced his belief that the OFT "cap" would be set at £12-£15 and that the banks would then only refund the difference between that amount and the amount people were charged. This opinion created a panic amongst reclaimers, thinking that they were about to lose a large chunk of their money if they didn't rush to claim now. This needs a few clarifications: First, this is Martin's opinion. It is not based in law, or insider knowledge. He may be a well known journalist, but it is still only his personal opinion, speculation if you will. The facts are these: a) The OFT

Hiya Guys and Girls, Just me putting in a mention and a copy of the latest letter I have sent to The Lowell Portfolio Group. I sent 1 copy e-mail to Lowell Financial, and 1 copy by recorded letter to Lowell Portfolio 1 Ltd. Here is the letter and I still have had no reply. Mr Nigel Beaven To date you have failed to comply with my statutory request for a true, signed copy of a regulated credit agreement in my previous letter dated 01/02/07, and have therefore defaulted in respect of the above account. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under

Right, from the start.... In section G (J if N150) of the AQ, you get the opportunity to add any other information you think may help the judge manage the claim, or make a request for specific orders that you want the judge to consider making. Untill now, we have always requested an order of standard disclosure in this section, as per the AQ guide notes in the templates library. A standard disclosure order, if it were ordered by the judge, would oblige the bank to fully substantiate exactly how its charges are made up and provide costings and documentary evidence, etc. Trouble is, standard disclosure is not routinely avail

A very common scenario is that people wishing to send a parcel to someone else use a parcel broker/price comparison service to identify a suitable courier company – rather than go directly to the courier company. This means that when you make a contract to send a parcel, your contract is with the parcel broker and not with the parcel delivery company. This happens especially with people who send parcels because of eBay sales. Typical scenarios are: Through eBay, you make a contract with Packlink who recommend a number of couriers and you select one, typically Yodel or EVRi. Through the Internet, you make a contract with Parcel2G

I wanted to create this post in order to help those who may find themselves in the same situation as me. I also used older threads by individuals on here and it helped me to successfully beat Royal Mail in Court. Here’s my story I sold my iMac computer on eBay to help to raise some money during the cost of living crisis. I successfully sold the computer for £550 and shipped it the same day. I purchased a secure box, 2 wraps of 15M bubble wrap, multiple packs of bumper wrapping paper and I packaged the box in accordance with the Royal Mail guideline’s (this is important to note for anyone reading this currently looking to submit

In May last year I sent a watch by Special Delivery Guaranteed before 1PM to Casio for repair. When the watch arrived at Casio’s repair centre the padded envelope was ripped and the watch was missing. I claimed through Royal Mail’s website for compensation for the loss, but despite apologising for failing to meet my expectations and admitting liability, they stated that under the terms of the product I had failed to meet the criteria where they could provide full compensation. They provided no more information than that, but they did include a cheque for £7.65, which was the cost of the service. I spent five months going through the var

Without boring you with the reason, I recently calculated the success rate for Caggers in court hearings against the most litigious of the PPCs over the last couple of years or so, and it was about 85%. So what about the other 15%? Two things stood out. Firstly, rubbish judges. Secondly, complicated cases where the person taken to court was not the person liaising with CAG or where the person was abroad and trying to take part in the hearing on-line. Thus alarm bells ringing in my head about your case. Then the problem with PALS is this. Let's imagine they are all cooperative and agree to call PE off. Some PALS have indeed bee

Don’t fall for rip-off delivery insurance WWW.THETIMES.CO.UK Do you need to pay for extra delivery insurance in case your parcel or...

Attached to this post is a model skeleton argument and also three judgements which were obtained at different County Court's and which each confirm the unenforceability of the courier insurance requirement. The skeleton argument already refers to 1 of the cases. You will have to modify it to refer in a similar way to the second and third cases and also make sure that it refers to the defendant. In this case it was designed to refer to EVRi. You will need to change the names of the defendant as required. You will need to include copies of each case in your court bundle and make sure that are referenced in yo

I wanted to provide an update to this chain. I have reached a settlement with Hermes. For the benefit of anyone else going through this process, some notes: The formal mediation process was delayed (I guess, due to Covid). I wrote directly to the relevant person in Hermes' legal department ([email protected] - you will get the names in your claim form, for anyone else going through this process) I played hard ball - I maintained my position in my claim form, I did not give Hermes' (in my view, entirely without merit) arguments any attention, and I maintained the fact that unless Hermes'

Firstly, the spreadsheet I used was mindzai's which you can find by looking at his profile page - there should be a link to the spreadsheet there. Over the years, when I received my statements, along with it came an extra page outlining my monthly charge for the previous month. This was made up of my arranged charge(s) - in my case Royalties (I know, I'm foolish...). On top of this however, there would generally be other charges. If I had had a bad month and gone overdrawn, there would be an arrangement fee added to this charge of £28 (or sometimes more). It would then tell me that the sum would be debited from my bank on a certain date

I'm bored with this All the President's Men ****. This isn't some underground car park whispering to bernstein and woodward. It's right here, on open as you've said yourself. Show us your yarbles, that's if you have any yarbles to show... And forgive me but I am not signing up to go public to the SPV or any other fecker who then targets me as some kind of agitator, deserving of full sting. My friend. YMBFJ. No Chance. Give us something proper, something that stands, something that won't get washed aside and something that delivers real justice. Or at least stop analysing us like ants under your superior microscope. Blow the ucking

+ SWINE FLU NO ADMISSION PLEASE NOTE DCA's are doubly susceptible due to genetic similarities with both sources of this mutation. If you are close enough to read this notice you are already infected. WHAT YOU SHOULD DO NOW Go back to your office and shake hands with as many of your colleagues as possible. __________________________________

Ive got 97 rep points Will I get another green blob when I reach 100 HINT HINT

Jendoc I am sorry to hear about what happened at your close relatives funeral as are the rest of the site team at CAG. This must have made an emotionally traumatic time even more disturbing for everyone there. So I can sympathise entirely with what happened and appreciate that those memories will stay with everyone for a long, long time. It is not something that I would like to witness myself. I think that, with one obvious exception, everyone here that has posted on your thread at CAG, has gathered round to offer support to you and then to offer advice on what you could possibly do. I also elieve that people should think before the

DEBT COLLECTION PRACTICE REVIEW. The OFT has published guidance notes [OFT298] in January 2000 outlining the Director General’s views regarding misleading letters and collection charges with relation to licensing persay, and under the Consumer Credit Act 1974. The OFT has duly reminded creditors and debt collection agencies that the issue of documents; Resembling a court summons or other official document. Leading the debtor to believe they come from or have the authority of a court. Otherwise containing false or misleading information intended to obtain payment. May be criminal offences under the County Courts Act 1984 a

I think some people should find this useful when trying to get defaults removed, we all know that loads of companies dont even send out a default notice before trashing your credit files, this is from the OFT website and explains what a default notice is and more importantly what it must contain for it to be legal. If a default notice in the proper form is not served, the action cannot proceed. The case that supports this is Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 Feel free to tip my scales if you find this useful

I've corrected a few mistakes in Mike's FAQs Q. We already do collections and debt recovery training 'in-house' so is there any point in using a firm like The Connolly Partnership? A. This is a good question and one which is frequently raised. We are sure that your in-house training is perfect, and that your organisation never breaches any laws or guidelines, but you may be interested to know what your competitors are up to and the depths to which they are prepared to stoop. This may well lead to you introducing new methods to your business, with immediate results. Possibly even court action. Q. What size group should we train?

I have a single PDF with most of the core generic court bundle documentation, if anyone would like it then PM me your email address (I cannot sent it to without this address). It includes the following: 1. Dunlop v New Garage case summary 2. Robin v Harman extract from Keating 3. Murray v Leisureplay transcript 4. Australian Unfair Fees report 5. BBC Money Programme Summary 6. House of Commons Early Day Motion 7. Peter McNamara Transcript 8. Unfair Terms in Consumer Contracts Act 1999 9. Unfair Contract Terms Act 1977 10. Office of Fair Trading Statement It is time consuming trying to locate all of these, when y

Regards to All

If your creditors are hassling you, they may be breaching OFT debt collection guidelines. Are they bullying you into making payments you can't afford? Advising you to borrow, from other institutions or even from your own family, to pay off the debt? Demanding payment in full? Implying that they can send you to prison for non-payment? The document laying out these guidelines are in the post above, in .pdf format. There is also a ready-made complaints form on the Office of Fair Trading's website, in a .doc format. Every complaint is another step towards getting dodgy DCAs' licenses revoked. Don't hesitate! http://www.oft.gov.uk/NR/r

Feel free, the more people who see it the better Not necessary

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Date Account Number/Reference: Dear Sir/Madam, After recently obtaining a copy of my credit file from Expedia, Experian & CallCredit [Delete as appropriate], I am concerned to note that your company has placed a "Default" notice against an account I held with you. Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 197

I think you're somewhat missing the point of the BS marking. It is in place to denote that the plate has been made in accordance with the standard. If your idea was a runner, you could buy any rubbish you wanted to, stick the BS marking and a legitimate manufacturer's details on it and off you go! The regulations state that the plate must be manufactured to meet the standard, not that it must include a sticker to say that it has.

..... in your choice of words when posting on the site. I have just seen another posting in one of the bank threads that has been edited by a mod for the use of the word "stolen" The word stolen implies that the banks have comitted a criminal act in taking the charges and this is not the case. The issue is one of civil and not criminal law and use of words that suggest criminal activity could result in a claim for libel against the owners of this site. Not a nice thought. Bankfodder and Dave have taken a lot upon themselves to get this thing going, not to mention the mods and site helpers who have enough to do without dealing with s

Hi all... Received a letter on the 11th March from Meritforce demanding payment for a debt I didn't recognise (doesn't appear on my credit file either). Sent a CCA request to them later that week... received a letter this morning making a 50% reduction offer for an immediate payment which is a "time barred offer" never to be repeated! Wow... so anyway they provided a link in the letter where you can have an "online conversation" with a DCA operator... here's what happened. Enjoy

...................... PLEASE!....................... So the OFT is taking banks to court. A great wind of uncertainty is sweeping CAGgers and non-CAGgers alike. At times like these, it is easy to listen to all the rumours, half-baked truths, and feel despair, especially when the media is not letting the truth getting in the way of a juicy headline. HOWEVER! The main things to actually remember are these: If you complain to your bank, or decide to go through the FOS, then your case will be put on hold. But there is absolutely no legal reason not to stick to your deadline and start your court claim as pre

Ive just written a long letter to the solicitors acting for a bank I'm suing in reply to their offer to pay me just under half of the amount claimed. They raised the service argument. The points that seem relevant to me are: 1. The bank has never referred to a service or a service charge in any of its letters to me or telephone conversations regarding charges in almost 15 years of banking with my bank. I have always been told that they are default charges applied automatically. (Heck some bank staff (including the famous Stuart Higley of NW fame) are still saying this in letters to forum users to this day). The service argument has