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Everything posted by 2Grumpy

  1. I suspect that so far you have been polite and said "please remove the entry" I would demand or require them to remove the entry immediately unless they can prove that you had an account with them and that you are responsible for the amount that they claim is/was outstanding Have they (or a DCA on their behalf) ever come after you for the £472? (although they are on dodgy ground with termination fees)
  2. I thought that CPR could be used when you are considering taking action...
  3. The CRA is the organisation publishing the information publishing the information Orange/EE are the organisation providing the incorrect information for them to publish In my eyes they are jointly liable, in the same way that both the writer/journalist AND newspaper/publisher would be liable for libel damages There is plenty of case law. I suspect that they will try bluffing until 10 seconds before going to court, or offer to remove the information but not compensate you for your losses. Given the precedents I would write to them both one last time identifying them as join
  4. Only if you are sitting a GCSE exam or equivalent. Maybe IMS21is - or wants to be a teacher!
  5. There might be some slight advantage to have previously sent the one-line denial of liability to RLP when they refer their "claim" to a DCA
  6. The "default" might be very overdue payments, but again, probably without a bill. Try a SAR to O2 demanding everything about the account including recordings of phone calls, memos, notes, account acces logs etc You might be able to show that the default was applied without warning
  7. Given that you deny that the original incident took place and that you signed the forms etc under duress, you could consider contacting TK Maxx, informing them of that and demanding that they stop RLP from contacting you I think that you would need a lot more advice first though!
  8. The threat "passed to specialist company which recovers debts and undisputed claim for damages" might lead a possibility of stopping them. If you have sent the one-line response then their claim is disputed. If they pass on your details then that could be a DPA violation. At the very least, a letter saying that you might be considering maybe taking legal action unless they pay the invoice that you send them
  9. Get some help if you need to. You obviously do it for a reason, maybe poverty, possibly boredom or there might be more to it that a charity such as Mind may be able to help with, or possibly your GP/priest etc
  10. That's my take on the letter too - they will report the OP to the police unless they pay up! Given the "may be passed to a specialist company which recovers debts and undisputed claims for damages." if the single line denial of liability hasn't already been sent then now is the time. That might open up a possibility of a claim against RLP if they did pass on a disputed claim to a DCA!
  11. If it comes to a judge looking at it, won't they be having to provide the original, not a copy?
  12. FOS within 6 months You said that you had a letter from Cabot re the assignment, did you have one from Lloyds too?
  13. The fact that you have been paying £1 pm and Lloyds had been accepting it shows that an agreement was in place. Cabot have to accept that. You can SAR Lloyds and find out about any PPI & unlawful charges to claim back Without a letter of assignment you can only presume that Lloyds still own the account and that Cabot might be their DCA or they might be fleecing you
  14. On a basic account there should be no overdraft facility and the DD should have been returned If an incorrect DD is processed by the bank (the second one being incorrect) the bank MUST refund immediately AND refund any charges applied because of that. Lloyds are awful about refunding charges when they should be returning accounts to the position that they would have been in had the unauthorized payment not been taken I am still arguing with them years later! Hit them hard now. Demand - don't ask - that's where I went wrong
  15. Bank overdrafts ARE covered by the CCA 1974 Although they can respond differently, a CCA request IS relevant - they have to send the T&Cs plus copy of the facility letter Don't do Moorcroft's job for them by telling them what they should have supplied I would ask them to confirm that the reply is from their clients in response to your request or is it their own response that they made without bothering to ask their client
  16. and RLP are not able to take you to court even though they are quoting CPR requirements etc
  17. Try to keep the letter concise - maybe bullet points eg I wrote to cancel the contract on xxxxxxx 3 failed to action the cancellation and continued to send bills I paid the bills to avoid any negative data being registered on my credit reference whilst 3 resolved this situation After being assured that the account was cancelled and that I should ignore any further bills from 3, I received a demand for £23 from debt collectors acting on behalf of 3 I paid the debt collectors to get rid of them as they were very aggressive and persistent despite not owing anything 3 have reg
  18. Make sure that you follow the dates on the court papers. You MUST acknowledge the claim to the court saying that you will be defending in full by the date given, otherwise Marlin win by default. You then have a bit longer to submit your defense. I think that your defense might need a bit more detail, but you have a bit more time for that and you will get more help here, BUT DON'T MISS THE DEADLINES
  19. If the Samsung repair was as good as they say that it was, why would you need to have it done again? And if you did, why would you take it elsewhere and then try going back to Samsung for another repair? Their claims don't make much sense to me ... That's a bit like saying that their phones are so good they never break down! You could try pointing out the lack of sense in their argument and include a comment that you are perfectly prepared to swear a statement in the small claim court that Samsung are the only people who repaired your phone and look forward to their being able to pro
  20. The claim came from RLP so I would leave it with RLP rather than involving the ex-employer might have a clue whilst RLP seems to be whistling in the wind ...
  21. If Scotcall say that there is a credit agreement then ask to see a copy of it (there isn't a credit agreement with a mobile phone contract, although you could argue that there is an implicit one for purchasing the phone via hp)
  22. It sounds as though you might have been penalised for doing exactly what your colleagues were doing. Is there any other reason why your ex-employer might have wanted to get rid of you and saw this as an excellent way of doing so with less likelihood of you taking them to an industrial tribunal?
  23. If a DCA buys a debt at 4% of its value, presumably it values it as 100% of its value in its accounts as an asset. If it then decides that it can't collect, presumably it writes the whole amount off to tax and then sells the debt to another DCA for about what it paid for it? On that basis, with co-operating DCAs, they could sell to each other with the tax-payer picking up the costs and the DCA making loads of money Have I misunderstood the position?
  24. If you pay the debt collector they will take their cut first - ie you pay 59.99, they pass on 35.99 and chase the remaining 24 If you pay Bose directly and ignore the DCA, there will be no doubt that Bose got the right amount & the DCA will be left with nothing ...
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