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bankbandit

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Everything posted by bankbandit

  1. I've tried the ignore, now it's doorstep visits, and when I come out from behind the sofa it'll be passed to another dca -repeat again. If I have a link to the court action I can assess whether I waste my money or not, but on reasoned legal argument. I will try any free enforcement action first though, eg FOS, Trading Standards etc.
  2. Thanks but I'm sick of getting chasing letters and want to stop them in their tracks, the more people who file the more seriously they'll take it. I know I can file and ask the court to award what it sees fit, can this be done through small claims? I know the £5,000 limitation but filing will be for damages and harassment thus no fixed amount.
  3. Hi, I am being harassed by a DCA for disputed parking notice debt (PPC), I have repeatedly told them this, sent cease and desist, harassment etc but their argument is if the parking firm don't say so it's not disputed, thus they can chase it, all fair and square etc. What are my legal grounds for court action. I am issuing a letter before action. I have looked on here but cannot find the link. Any help appreciated.
  4. Thanks for the advice. It's a private parking notice, I took all the steps from the relevent threads and am not paying it (registered keepernot driver, unfair terms etc) so is more contract law than CCA. The debt has now been passed to DCA who are chasing, it's disputed as in I don't owe it and not paying it and I willd efend any action but it's getting them to realise it. I think I have to go on the offensive and start issuing proceedings to get them to do what they are legally obliged to anyway.
  5. I have a debt that I dispute I owe and the DCA has said they will continue action until they hear otherwise from their client as it's not in dispute unless they say it is. This is totally wrong from what I can tell, is there any way of hitting the nail home, considering a court claim for harassment and damages.
  6. Thanks for the advice. Hopefully they'll crawl back under the rock.
  7. Thanks DX, I have been doing and thought was free, going to tell DCA in dispute but am sorely tempted to make a without prejudice £20 full and final settlement to be free of the little soul-less,scumbags.
  8. Sorry, a bit of back story would probably help! I have moved a few times since the original "offence" approx 18 months ago. I have a Royal Mail re-direct. The only way it would go undefended would be if I never received any notice stamped and served. Which is a slight possibility as have moved addresses a couple of times, hence my (reluctant) wish to update them. I will probably move again (habitual renter at moment) thus my cage-iness about the 6 year limit for making claims (and the fact I've corresponded with them but not acknowledged any debt - does this extend the 6 years?)
  9. Hi all, long running saga with Mark Clay's firm, got ticket, not paid as unenforceable and now passed to DCA. Fortunately I have mail forwarding and got the letter, the fear is now they will try and sneak through a CCJ by default, how am I best stop this? Loathe as I am to write to them I may send something recorded delivery (all my details with DVLA up to date) as precaution and as possible grounds to have any judgement set aside in worst case scenario. Also having read through other threads (PPI mis-selling/CCA) is there any way to get them to stop processing my data due to "account in dispute" or is this more Consumer Credit Act based and a private parking ticket a civil dispute? I don't want this loitering for 6 years (or more as I've acknowledged them BUT NOT that I owe it).
  10. Hi, I have received docs under the cca, as well as charges they have added an acceptance fee to the initial amount, thus I am paying interest on it. Am sure I read this wasn't allowed under CCA, does this leave my account in dispute?
  11. On the "How low can you go game" what do you reckon they'd take on a balance of approx £2400? Is already in dispute and may just hang on for them to go under but just to be rid of them was going to go in at £200. Any thoughts?
  12. Hi all, I have had victory against halifax, after the first letter, but they are only going to pay me the difference between my outstanding balance and the claim because "this is what Halifax do". I appreciate this is a minor quibble in grand scheme of things but I would prefer the cash as have more pressing debts and was happy with payment plan previously in place. Is there anything I can do as a court win wouldn't be settled this way surely? Are there any drafts on here? Many thanks for the assistance and good luck to everyone else still claiming.
  13. I have received the SAR, has a copy of signed agreement, and also statements, which shows certain fees included in the initial balance and subsequently charged interest on. The credit agreement is signed and dated by myself and only signed by welcome, no date. There are also some charges included on the balance, calls, “ad hoc” fees etc – dealt with separately and have had some of them refunded already. Also the funds were credited to me less than 14 days from signing the agreement. I appreciate it would help if I posted items/photobucketted them, my technological grasp is limited, please bear with me.
  14. Here's one for the mobile game.... sign them up for sub prime loans and debt advice from "we can write off your debts" merchants. Had a call from the local office who said they were concerned for my credit rating and missing payments - the account is now officially in dispute through compliance at nottingham. Is this legal to affect my rating?
  15. I have sent the dispute account letter to compliance but had a call from local office (one of ones still open!) to say my DD had been stopped. They were told of the situation and told to correspond in writing, no further info ventured. The best part was when the advisor said he wasn't concerned about the money but about the damage to my credit rating! They can't put it on my credit rating if it's in dispute surely?? The most joyous part of the call was the resignation and dejection in the guy's voice as he'd previously delighted in the "you owe us" arrogant overtones. It's the jobs section tomorrow, may drop a local paper off for him. The only thing I committed to do was give him a call back with the name of the person in Nottingham dealing.
  16. Unfortunately I have already had the money, £400 received paying back £520, I can afford to pay the loan back at the 30 days point, I may just report the cheques as lost to stop them being able to cash it, or if they do will just have to claim the money back through small claims or FOS. Thank you all for the time in replying.
  17. I have taken out a payday loan as a last resort, I have the funds to pay them back straight away, ie at the end of the 30 days so am plannin g to do this. The only thing is they requested cheques to value of £520 as "security" but have assured me they will not cash these and take ot from my debit card, also they will return them (the cheques) if I wish. I thinkI will have them returned, no wish to dip into the payday loan pool again. Would anyone advise any other action?
  18. I'm sending the dispute letter but am unsure which one to pick from the list, they have only not complied with the CCA, still within time for SAR. Do I need to keep in the parts about them stopping data controlling under section 10? Or do I need to wait until SAR time elapses? All the help is greatfully appreciated.
  19. Wonder if the local office will bother chasing it or will be too busy scarpering for the dole centre? Will just refer them to the place am dealing with in nottingham.
  20. As of today have cancelLed the DD (GIVEN 12+2) but have not sent dispute letter. Will await and see if any chasing action occurs, is it best to send the dispute letter to cover that base? They have confirmed receipt, albeit in a roundabout and haphazardly vague way.
  21. I'm not sure if this is the correct forum for this query but CAGgers have assisted on so many other issues I've faced thought would give it a try. Myself and my partner are both renting and looking for place to buy together, I know with my dubious, debt riddled past (dealt with elsewhere!) that it would be a liability for me to be on the mortgage even though I'm almost debt free and on a good wage now. My gf can raise a 15% deposit on her own and a mortgage of up to £180k (although realistically looking at £130k) so was wondering where we could go to have a contract drawn up to cover my beneficial interest if I'm paying half the mortgage - would like to class myself as more than a lodger , and would prefer not to go down expensive legal route. Was just wondering if any anyone knows place to find document templates that are legally sound. Thanks in advance.
  22. Does anybody know what time the AGM will be over by and when news will be leaking out? Or will the ramifications take a bit longer to fully come out? May be fun just to phone the local branch see if they've heard anything, will charge them £10.50 for my time as well And as someone who is just starting out on the CCA/SAR route thanks to all who've assited and good luck to those still fighting. Here's hoping they've sunk by the time people are reading this - they can then troll the local Jobcentre.
  23. I have sent in the SAR letter and £10 and also the £1 for a true copy under CCA. This was signed for on 18/09, totally illegible handily, but have received an acknowledgement of my request costing £11? Maybe have just added two together for ease but feel they may be treating it as one request, therefore is my account in dispute once the 14 days are up regarding the CCA request? Will happily stop the debit and advise them it's in dispute.
  24. Thank you both, I've had a quick read through and if this happens ie they don't adhere to CCA request and I stop paying I run the risk of incurring further charges, a default notice on credit history and possible county court action- (which would be defended). I can't find much assistance on this theme of topic, my dilemma is keep paying or not, as I'm not disputing I owe something just not what they are trying to ream me for.
  25. I'm just about to go down CCA/SAR route and was wondering if I should maintain payments once in dispute or does this look like I don't believe in what I'm doing and therefore invalidate the dispute process, is there a way to word it to maintain payments? My rationale is that at least it will reduce the capital amount while interest is frozen and until produce copy of signed CCA, I also don't want a default and the hassle of removing it. And finally what happens when it's in dispute, who is obliged to resolve it if neither party can come to a resolve ie welcome:"you owe the money, t&c blah , blah", me: "I don't, account in dispute, no CCA". Surely it can't be in dispute indefinitely.
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