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Everything posted by Bernie259

  1. Thank you very much for your advice, she does have Legal Insurance so that may help, I hope a broker can come up with a quote when she cannot give them full details of the claim, we only found out by chance today that it was still not settled, this claim has not been outsourced its been handled by her Insurance Company. Once my daughter had calmed down and we got the facts of the accident we felt she was not liable, the police said people who leave the scene without giving details commit an offence and normally have something to hide so if they were driving illegally their case would b
  2. INSURANE COMPANY Refusing to provide any details of a claimant on my policy Refusing to provide the same to police obstructing an investigation Refusing to provide the same to allow customer to obtain quotes from other insurers Increasing a premium by 30% when renewal notice states the driver has passed their driving test but they list them as a Provisional Licence in error. My daughter needs urgent advice, she was involved in a very minor accident 10 months ago, a driver was indicating to turn right on a very wide main road, and traffic was flowing on the
  3. Hi, thank you for your input and link. I think its all covered by a "Mental Health Act" the OPG and COP are guided by that, having dementia does not mean you automatically cannot grant an LPA from what I have read, it all depends on the stage of the dementia, I believe you have to be able to read the guidance notes, understand them and remember them long enough to make an informed decision. We have concerns as a year before the LPA was signed by the Donor we were advised he had gone downhill badly, could not remember things, could not feed or medicate and was having falls, so were very surpris
  4. Hi, I have an elderly relative who has had dementia since 2008, he is quiet wealthy, he never married and has no children, his next to kin are nieces and nephews of which I am one. Another relative took over and I was told they had power of attorney and my uncle was going into a nursing home. I had concerns as the person was telling other relatives that my uncle had made no will and they would be sharing his estate out when he died. I was later told that “someone” had cleaned my uncle’s bank account out but nothing was being done about it because of his dementia. (Others ha
  5. I don't think you have to much to worry about if you have disputed the debt for the past 6 years and paid nothing, sounds like they are having a last go before the six years is up, however, don't ever trust Cabot, they are sly and if they slipped a claim in that you failed to respond to and the got a default judgement then its very hard to turn back the wheels of justice, keep an eye on your post until October and then tell them you have always disputed the debt and its now statue barred, my long nightmare ended with Cabot after a very long court battle, good luck
  6. A very big thank you to Helena, who has worked at lightening speed for me, Ihave received a phone call from E-ON this afternoon who have taken all mydetails and put the wheels in motion for our ECO Grant. To anyone else who is applying for a grant, I believe there is less moneyavailable for these grants and now even if you and your boiler qualify they aretrying to help those most in need by targeting those whose boilers have stoppedworking altogether, (this is not official as the criteria has not been changed)my boiler is old, D Rated, faulty and keeps breaking down and I had to apply to
  7. Hi Helena Thank you very much for your help, I would very much appreciate if you could get me talking to the right people at E-ON, the number I was given to phone at E-ON was the department that dealt with ECO Grants and the lady at E-ON was adamant that I could not apply for a grant until the boiler had stopped working so there would be no point talking to her again. Yesterday I went onto another website that does ECO boiler replacements and left my details, they have tried to contact me but I am worried I will end up going around in circles again as these are only middle people who end
  8. I have been trying for months to get an ECO Grant for a new boiler and insulation, and have encountered non stop problems. 1) I went through a website "Fine Energy Savings" they went over the criteria for myself and the boiler and advised I qualified, it was referred onto 2 companies, one for a boiler the other to do insulation, however both firms thought they were doing both, so a lot of confussion, it settled on one firm and they also checked that I qualified and arranged a free survey, I heard nothing so I contaced the firm, who advised me that all funding had been stopped until the ne
  9. YORKSHIRE BUILDING SOCIETY - ENDOWMENT SHORTFALL I would be very grateful for any advice. I have an endowment mortgage shortfall leaving me with a £21,000 debton my 25 year interest only mortgage with the Yorkshire Building Society. I am 60 years, severely disabled and my wife is my full time carer, we are totally dependant on benefits and was unable to do anything about the shortfall, we received a small amount of compensation some time back after commissions were taken. I have written twice to YBS setting out clearly our circumstances, I advised I would try and pay in extra
  10. ADVICE PLEASE ON RECONSTRUCTED DOCUMENTS Hi, can someone please clarify the courts position on reconstructed terms and conditions, I have read of cases where the court will accept this practice. 1) How can the claimant prove this is what you were given at the time of signing an agreement? 2) I do not recall being sent or seeing any terms and conditions, my applications were done over the telephone, replying to a flyer or over the internet, is the onus on the claimant to prove you were sent terms and conditions at the point of signing? 3) Would a signed reply card with no terms an
  11. ADVICE PLEASE ON RECONSTRUCTED DOCUMENTS Hi, can someone please clarify the courts position on reconstructed terms and conditions, I have read of cases where the court will accept this practice. 1) How can the claimant prove this is what you were given at the time of signing an agreement? 2) I do not recall being sent or seeing any terms and conditions, my applications were done over the telephone, replying to a flyer or over the internet, is the onus on the claimant to prove you were sent terms and conditions at the point of signing? 3) Would a signed reply card with no terms an
  12. Hi Peter You could well be right on that 69 interest point, I got that from this site when I had help drafting a holding defence, I must say having read it a few times something did not sound right, I thought it was Cabot not allowed to charge interest after default if we had no contract with them, there are a lot of issues to take in, and its not easy when you are highly stressed and in severe pain, I suffer very badly with headaches, I have to skim over any judgement I read and rely on people in better health who understand it better legally. No doubt the court will correct us. I am no
  13. Hi Peter These accounts go back some years but I am sure in those days (2001) the practice was they would send out flyers/application leaflets and then send you a card and some blank cheques you could cash up to what ever limit, I do not ever recall signing any credit agreement with terms and conditions which is why they don’t have them, we had a box full of these flyers as they were coming through daily, and we were up to our necks in a very stressful clinical negligence claim. I am looking to see if we have any of them still. Regards Bernie
  14. FURTHER Certain standards apply in both criminal and civil proceedings. These rights include: The right to a trial within a reasonable time. The right to an independent and impartial judge or tribunal. The right to a public hearing (although there are circumstances when the public can be excluded) The right to a public judgment (although this may be restricted in certain types of cases, e.g. family cases.) In civil proceedings Article 6 also protects the right to take court proceedings to settle a dispute, although this right may be restricted in some
  15. COPIED FROM LIBERTY WEBSITE "Article 6 is an absolute right. It guarantees your right to a fair hearing in civil and criminal proceedings. It sets standards for the way that proceedings are run. Although you may feel that you have not had a fair trial if you lose your case, there will only be a breach of Article 6 if these standards have not been met" Bernie
  16. I posted up my statement up last week (now filed and served) which sets out my prejudice arguments if any one has any views on. Regards Bernie
  17. Thanks again to everyone. I have gained a lot of my knowledge from this site, and as I am finding out some is sound and some may not be so sound and some very confusing because of opposite views. I understood from reading on here that someone cannot just come along and say that you owe them money for three accounts unless they have proper legal proof of ownership, anyone can type up some letters on their own headed paper and send them saying they own the accounts, and don’t sign the letter in case it comes back on them. So I feel the issue of assignment is a real one, if it’s only
  18. THIS IS A SUMMARY Thank you to everyone who has kindly given me their time. These are the main issues as I see them. 1) The issue that the creditors may have sold on 3 accounts that were in dispute 2) There is an issue on all three accounts regarding assignments to Cabot or Kings Hill No.1; they have not produced any credible evidence of equitable or absolute assignment. 3) There is an issue of enforceability on all three accounts, a) They have only disclosed a “reply card” for the Monument account (no agreement has been disclosed) and I do not recall ever signi
  19. Hi Mr Mould, good to hear from you again. To be clear on the 3 credit agreements they have disclosed 1) Monument, is a "reply card" with my signiture, no terms & Conditions 2) Cahoot, a totally illegible signed agreement 3) Citi Financial, a falsified typed up credit agreement that is not dated or signed by anyone I will have a read up on that case. All the best Bernie
  20. Hi Mr Mould, You seem to have vanished from my thread, I hope all is well and I haven’t said anything to offend you. I got two more letters today from Cabot, One a notice to say Kings Hill No.1 became Cabot (why wasn’t everyone whose debt was sold to Kings Hill informed of this name change at the time, I thought they started off as two separate companies, all to confuse?) Also a load of paper that they are now calling a Citi cards agreement, its just sheets copied terms and conditions, no agreement and no dates or signature of anyone. They said they were not going to conduct
  21. Hi, Mr Mould, dont if you found time to look at my final statement? but if you did was it ok, we appreciate your opinion, I put in Cabots phone records, clear evidence of trying to wear someone down, calls everyday, up to 10, that along with their dodgy agreements etc will hopefully draw a comparrison to the Harrison case when the Judge reads it. I have read under the old rules that claims were struck out if dormant for 15 months, do you know of any time limits under CPR apart from the 6 year limitation period? Kind Regards Mr & Mrs Bernie
  22. Hi to all We have now filed our statement with the court and Cabot, I hope my friend Mr.Mould is ok and would like to thank him very much for all his help. The Forum seems very quiet these days, I did not get much of a response to all the bits I have posted up recently, 2 draft statements, agreements and assignments and issues relating to Cabots late AQ filing. I am sure there are many out there who are at more urgent stages of their claims, and need help, I know, I have been there, I will keep everyone posted on my case, next job is to seek out legal representation for the next hearing.
  23. Good evening Mr Mould, I agree who ever takes it on will have to look through all the pleadings and arguments before they could represent us in court, I wouldn’t mind having the solicitor in the Harrison case. I was reading about a case in Manchester where the judge said it was ok for claimants to reconstruct T&G's if they are unable to find the originals, so long as the T&G's were the same at that time of signing (how would anyone know?), and I read this ruling was putting off these firms who charge for taking on what might be unenforceable agreements, however, the judge did say where
  24. Good evening Mr.Mould I have now finished my 2nd draft statement with a few additions, thank you very much for telling me about the Harrison case which I have included, I think this should help us along with Cabot’s further delay in filing their AQ, and still no response to my defence nearly 2 years on. On the Harrison case, did Link Financial win a case against him for £20,000 then he appealed and counterclaimed it back and won? My heads a bit muddled at the moment. My wife is printing up late tomorrow with the exhibits ready for filing on Monday so if you can spare the time to
  25. Thanks very much for that, I will have read up on that case and hope to post up my amended statement sometime tomorrow. Thanks Bernie & Mrs
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