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sieski_hmm

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  1. I have had lowell on my case about a HSBC debt they have brought. I asked them to prove they own the debt legally and I am the one who owes HSBC in the first place. They said thats fine I'm lawfully entitled to such information. They said we will put your account on hold and sort it out. A few months later and 2 further letters from them saying still waiting for info from hsbc account still on hold. I'm sure I read somewhere agessssssssssss ago that if the said request for information is made they have only so long to do so, any longer than the debt becomes void? Is that true. I phoned them to confirm the exact date of the request to make sure they was being honest. They told me AUGUST the 21ST 09.......I can't remember that one and I also re-requested the information on the 14th october 09 which is the one I know about. So do they only have so long to satisfy the request?
  2. Hi. 2 years ago I had my car that was on finace. It had to go into the garage for a head gasket repair. WHilst it was parked up a truck reversed into it. Luckily lot's of people saw it happen hand I had reg details etc. My car was wrote off. I had shortfall insurance but they refused to pay out because the car wasn't worth full market value due to the mechanical problems. I've fired lots of letters and enquiries and appeals to them to no result. I've got one more line of enquiry to go down but they did advise me to take the truck company to court. Sounds like my best plan unfortuanetly. I have drafted a prelim letter up and wanted to check with people if it seemed right or I had missed anything. ******************************************************** [your address] [their address] [date] Accident dated XX/XX/XXXX Dear Sir/Madam, On the XX/XX/XXXX your vehicle REG was involved in an accident with my vehicle REG. This occured at GARAGE ADDRESS. Your insurance INSURANCE NAME paid out in full and admitted full liability. The car was on finance and the insurance payout only covered the market value of the car. This has left me a shortfall on the finance of AMOUNT OWED What I require. I am requesting the sum of AMOUNT that I owe to the finance company. My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you dispute that I am entitled to a refund of this amount, then please let me know within the above timescale and on the basis upon which you dispute this claim. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a court claim at the expiry of the second deadline. Yours faithfully, [name] *************************************************** I will send them a letteer from my insurance company showing they admitted liability a letter off my finance company showing money owed. ANything I missed?
  3. I have a bussines and a step account with natwest. I'm currently on jobseekers due to last year I was ripped off by a customer and Lost over a £1000, which has left me un able to fun my business. I'm currently In the stage of court proceedings against the mentioned customer. I have 2 direct debit unpaid charges on my business account, and got a letter before xmas stating due to my account being inactive for a large period of time they believe I no longer need or wish to use them anymore and if they were wrong please contact them within 2 weeks or they would close the account and take civil proceedings to get the money owed back. I left them to it as I'm confident I'm going to win my other courtcase and any charges incurred I'd simply pass along. I heard nothing. I went online to check my bank balance and noticed a transfer of 50 pounds. I phoned up my branch to ask who it was to. They said your business account. I pointed out I hadn't made the transfer and explained the story. She said well it wouldn't be us who made it but your business manager and to contact him.(he's at a different branch) His phone is off funny enough. I can't find my terms and conditions due to a house move and have requested a copy to make sure the can't do this according to the TOC. Until then I'd like to know if anyone has access to a copy and can tell me if they are allowed to transfer money between accounts to cover debt If they can't I'm going to have great joy reclaiming MORE money off them. thanks
  4. I can't find anything on the net relating to the acts they mentioned, though I'm a self confessed rubbish googler
  5. Philips have now sent me a further letter about "NOTICE OF INTENTION TO ENTER AND SEARCH YOUR PREMISES". They go onto write "our removal bailiffs have the power to enter your premises, by force if necessary, to execute warrants as per Sch 4A Magistrates court act 1980 as inserted by SCH 4 of DVCV act 2004" Well I thought they had NO right of entry unless I gave it. Citizens advice have contacted them twice to offer a payment plan I can afford. Twice philips have rejected it. I kneed to know if this statement of they have the right to force entry is valid? as I won't be able to speak to citizens advice till thursday. Thanks
  6. I have £1300 of court fines dating back to 2001 the earliest. Philips is the bailiffs concerned. I phoned them on a second lee and told them in no circumstances will they gain access to my property with my permission the woman interrupted me and informed me they did not have to wait for my permission as they had court order to take goods forcefully if needed. They want 82 per week to prevent action which I can't afford. I explained I'm on JSA and she replied we don't means test. 82 or nothing. I went to a drop in fines court and explained the situation the fines officer filled out a means test form and asked if he could anyway instruct the bailiffs to take 20 pound per week out of my 21.48 disposable incomes. They said in now way can they instruct bailiffs anything rambled on about some court order business and that they had invited me to several fine clinics before hand none which I have ever received a letter about. I then asked if anyway I could be put in front of a magistrate and the bloke said yes only for his senior colleague to abruptly introduce himself to me deny me a appearance before a magistrate told me rather hastily and angrily I had wasted enough of their time had my chances and now its with the bailiffs now go please. I asked for a reason as to why I was being asked to leave and also why the other man said yes to a magistrate 5 mins later of his raised voice I was escorted by security out of court. Upon this I was told a distress warrant does NOT mean they can forcefully enter my home and if they wanted to do this they would have to get another order from a court after showing REFUSAL to pay. I'm currently paying them the 20 per week so I'm not refusing to pay. Also when I re-phoned Philips and asked the woman have they got any power to enter my property with out my permission the lady said "no" I also asked so if I answer the door and tell the bailiff to go away they have to leave "yes" she replied. I referred her to my previous telephone call about Philips claiming they didn't need my permission and she said "I think you are lying, it was me you spoke to the other day and I didn't say that you are merely twisting words we record all our conversations" I promptly told her GOOD, I'll be obtaining a copy of it and making a complaint to anyone who will listen. Best part of this is I was told by phone to the court that they had already wiped 1000 off the total and I had made in the past 600 odd pounds payment. So I'd like to ascertain where 1395 has come from? So a few things I could do with answering here 1. Do court fines have a timeframe before they are non valid? 2. Would a Data protection act subject access request slightly differently worded be valid to the court for all information on me, and my fines? If so does the 10 pound fee also apply? 3. How do I get Philips to accept a payment plan of 20 per week to avoid bloody bailiff fees
  7. What can and can't a bailiff do under this? Can they forcefully gain entrance to my property or do they need a different order to do this?
  8. Is there a time limit for courts to recover fines for motoring offences issued in court?
  9. Reason was stated for return of licence in OP. Driving licence numbers didnt match on paper and photocard.
  10. UPDATE Levy removed, B&S eventualy agreed a receipt and a statement from the owner, WAS ENOUGH to show I did not own the car. Further more they accepted my payment plan offer, which was lower than previously offered! A stern phone call and some letters go a long way!
  11. By secure we mean levied. Levied does not mean removed or seized. Its merely a legal term. I'm afraidthough if the bailiff finds the car they can remove it. You would have to prove you sold it BEFORE they applied levy. I've just had a levy removed on my car with B&S. Seems they are a bunch of *******
  12. I have provided them with the receipt My dad was given when he brought the car. We brought it private and was given a hand written receipt. Bristow and sutor claim it means nothing because it is hand written and anyone could of written it. I asked what more proof do they need? I suggested a statement off my dad stating he brought it etc they said that might help. Surely though the hand written receipt was enough. Can't exactly get a vat receipt off john doe from the bargain pages can i? Ahhhhhh help!
  13. When I brought a replacement Photocard licence I received a new paper one too. If it goes to court they could make it more than 3 points and a bigger fine. Though I'd keep all evidence that you didn't try to waste court time and originaly held your hands up to your mistake if they do try to add to it.
  14. But even if they do start court proceedings wouldn't the defendent be "* * Plastering* which isn't me?
  15. No dificulty in proving it. My dad has a bill of sale for it. the debt is in her name firslty but I am listed in what it regards to. Thanks for you advice
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