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djdave

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djdave last won the day on October 19 2007

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About djdave

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  1. It appears to be true! Cattles PLC - Proposal to close Welcome Car Finance I take no pleasure in 130 people losing their jobs, but on the other hand it's one less vulture doing business.
  2. Hello and welcome, Mrs C. Watch this space regarding Ashbourne, they've recently settled out of court with me and are currently being investigated by the OFT. The crucial point is: did you ever sign a credit agreement (as opposed to just a contract)? If not, you'd have to ask on what authority they are threatening court action. Don't worry about their threats, by the way, they're all talk. They proudly boast that they prefer the default route over the courts. They're bullies, pure and simple. They rely on people coughing up the relatively small amounts (it's all relative: they wanted nearly £300 from me and I certainly don't consider that a small amount!). May I suggest that anybody else who is having problems with Ashbourne contact the OFT at the address below, and also write to Ashbourne telling them that you've complained. I'd also consider contacting Trading Standards. I'm on a bit of a one-man crusade against these sharks, so let me know if I can be of any help! That address for the OFT: Office of Fair Trading Consumer Credit Licensing Room 1C/5 Fleetbank House 2-6 Salisbury Square London EC4Y 8JX
  3. Just a quick update for what it's worth. A problem with the way the court issued Directions meant that the other side turned up without some documents and in the interests of fairness the District Judge has issued new Directions and is scheduling another hearing in a few weeks time. So we're no further forward at the moment.
  4. Whatever you do, don't give in now you've got this far. If you don't get any more advice today, at least fill in as much of the AQ as you are able and hand-deliver it to the court if necessary. As an alternative are you able to get to a CAB with such short notice? They'll be able to offer some advice what to write, even if it's only the bare minumum. Speak to the Court staff and explain the situation. They're not monsters, far from it, every one I've spoken to has been more than helpful. They're not allowed to give legal advice, but at least you can demonstrate that you've tried to co-operate with every stage of the process. Once again I repeat: don't throw in the towel now you've got this far.
  5. Googling "Litigant in person" confirms that you are correct, my spreadsheet's duly updated and now I'm trying to learn CPR48.6! Thanks for the reply
  6. I am the claimant trying to get a default removed and claiming breach of S10 of the Data Protection Act. My hearing is on Monday 29th and I have one quick question about claiming costs - should I win, obviously! I'll be claiming for the cost of sending letters recorded delivery, the ink cartridges needed to print them, phone calls to the Information Commissioner, petrol to take papers to the Court and just about anything else I can think of. But what is the guideline / rule regarding claiming for time spent writing letters and preparing the case? I seem to recall seeing £8/hour but is there anywhere this is written? Also, to further complicate things, such costs are clearly designed to recompense someone who has had to take time off work. I'm on Incapacity Benefit I don't suffer loss of earnings, so would I still be entitled to claim? Many thanks in advance for you help.
  7. I'm the claimant in just such a case, my hearing is to be held on Monday. On the N1 I set out the breaches of DPA and CCA I wished the court to instruct the defendent to rectify, explained my actual financial losses due to the unjust default, and also asked for "any compensation the Court sees fit, plus costs". I've been dealing with the ICO who were unable to offer any guidelines as to how much to expect, so I'm at the mercy of the judge on the day. As to being "frivilous", so long as you can justify each claim then that's exactly what the Court is there for. Just make sure you've given each organisation a reasonable chance to remedy the situation before resorting to legal action.
  8. Regarding you "fake" letter, I'm in a similar position with Cabot/Barclaycard. I sent a Subject Access Request to Barclaycard and asked specifically if they had knowledge of this letter - they did not. I asked Cabot the specific question whether this was a TRUE COPY of a Barclaycard letter, they would only say it was a reproduction.
  9. I've finally got my Court date, September 29th. I'm looking foward to hearing them justify their behaviour over the last three years.
  10. Congratulations Basualdo I've finally got my court date with these jokers, so I know only too well how obstructive they can be. Nice work
  11. If the debt was unenforcable I'd be offering a lot less than 10%. My figure certainly would end in zero, mind...
  12. Hi, Debt collection agencies do like to make threats, but they have no powers. Even in the unlikey event of sending round an agent, he's got the same right of entry as your pizza delivery guy. Before they can take court action there's a whole raft of things which have to happen. If you post more details about your debts we can offer better advice about how to deal with them. Please let us know who the creditors are, the amounts, a brief history, the age of these debts and last payments, and whether you dispute any of these debts/amounts. Nobody here will judge you, we've all been in the same boat.
  13. It's worth taking a few minutes to familiarise yourself with the OFT guidelines on unfair practice which can be found in a sticky on this forum, or here: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf For example, regarding the £140/month, the OFT say this is likely to be psychological harassment: f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so It's a very useful document to quote in your letters
  14. Even if they do come up with an agreement AND it's enforcable (unlikely), you should only offer to pay what you can genuinely afford. Make sure that you do so via letter in case they turn round in the future and claim you offered more. Also ensure that you are in control of the payments, eg a standing order. Do NOT let them get your debit card details as a continuous payment is almost impossible to cancel. If and when you get your "agreement" back, you'll be in a much stronger position.
  15. All very interesting, thanks. So what if the client ever made a Subject Access Request? Surely there should be a procedure in place for securely archiving paperwork for the lifetime of the relationship? I still maintain that your opening advice is best: check that the debt collector has the legal authority to collect. If they don't, the rest is academic.
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