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Everything posted by Misterzeus

  1. Thanks cerberusalert, much appreciated! We thought as much, but wanted to be sure! This will be a weight off our son's mind. Thanks again Regards Mrs Z
  2. Good morning all, Mrs Z here. We have a son who lives in Europe (moved there last year) and has a bank account that he wants to reclaim charges on but has an overdraft that has gone way over it's limit and he is now being chased by Apex. He also has a CC with the same bank that will need dealing with too. Mr Z and I want to act as his representatives to sort out his bank charges reclaim as we have in our possession our son's bank statements going back to 2002 and it would be easier for us to do than our son. What I am asking is: Will we be legally allowed to act as his reps for dealing with this whole mess? We have more experience (thanks to the CAG) in dealing with DCA's and he admits that he's very worried about it all. Our son doesn't use his UK bank account or CC anymore. Any advice/opinions gratefully received, thank you Regards Mrs Z
  3. Thanks caro Thanks havinastella, unfortunately no, Mr Z may do many things but he doesn’t “do” cooking, Lol!!!! Thanks (again) citizenB, yes Mr Z will type his name as opposed to a signature (or rather I will)!! Thanks underdog13 Thanks (again) Andyorch for the wasted costs template I must confess, I thought we'd blown it, but I'm very glad we persevered! Regards Mrs Z
  4. Excellent letter, thank you very much pt2537! I will work out reasonable costs and get that letter sent off. I take it that Mr Z can print his signature as he's always done? I suppose failing that he can always do a digital signature! Thanks again Regards Mrs Z
  5. Doh! Just realised That in sharpman's case, the claimant's solicitor had added the following to the Notice of Discontinuance: We would ask you to note however that you remain liable to repay the balance of the Credit Card in accordance with the terms and conditions incorporated in to the Credit Agreement and, as such, our client will continue to pursue this debt from you by other means. There was nothing like that in Mr Z's letter from Cobbetts, so am I right in thinking that a claim for wasted costs will be sufficient and not to bother with anything else? Regards Mrs Z
  6. Thanks citizenB! I have been having a look at the link you kindly provided: Sharpman v Nationwide credit card services - Won With Costs. I am wondering if Mr Z should send a letter to the solicitors stipulating pt2537's thoughts in that thread: its your call personally id write to them advising them that your defence is fully valid and if they wish to proceed with collection activities then you will have no option but to apply to have the discontinuance set aside however, if they agree to discharge you from the debt and remove all data from your credit file you will accept their discontinuance. This would be in addition to a claim for wasted costs. Does anyone think this is how Mr Z should proceed? Thanks Regards Mrs Z
  7. Thanks supasnooper and Andyorch I must admit to feeling rather pleased with myself. I did all the ground work (as Mr Z was at work) for the latest amended defence and TBH, I wasn't sure if I'd done enough !) I will look at threads that involve wasted costs awarded to give me an idea as to what Mr Z can claim. I suppose it's worth a try? Regards Mrs Z
  8. Thank you tiokim for your congratulations and previous help Regards Mr & Mrs Z
  9. Thanks citizenB, efficient as always!! I shall go and have a looksy a bit later Thanks again Regards Mrs Z
  10. Thanks citizenB - congratulations on your "promotion" to Site Team! Well deserved I must say!! Does the Notice mean they will sell on to a DCA or 4? If so, can we just send a photocopy of said Notice and tell them to bog off then?? We presume that it can never be taken to court successfully again? Sorry for so many questions!! Thanks to all who have helped, does this thread get moved to Successes now? Regards Mrs Z
  11. Thanks caro Today Mr Z has received a Notice of Discontinuance!!! Does this mean what I think it means???? I hope so!! Regards Mrs Z
  12. Thanks for your replies guys As it happens Mr Z had decided not to take a recording device in anyway! The DM was eerily calm, possibly pondering over the words used in the resignation letter and the possibility of being taken to an Employment Tribunal!! The DM has been (again) eerily "nice" to Mr Z since, complete transformation of his character. He's also admitted that Mr Z was an excellent Manager and would write him an exemplary reference, work that out!! Thanks again Mrs Z
  13. Good afternoon all, Mrs Z here Mr Z is handing in his resignation tomorrow (long story as to why but his emploment has become untenable due to a bullying DM) Can Mr Z use a recording device to record any comments that take place after the resignation letter has been read? The letter contains allegations that will likely enrage the psycho and he is likely to say things that he'd rather no one else heard if you get my meaning! Any advice/opinions welcomed, thank you Regards Mrs Z
  14. Good morning all, Mrs Z here Thanks car (sorry for the late reply) Citi are still playing silly bu**ars, they've sent Mr Z a letter asking for additional ID (yet again) for the info regarding any instances of manual intervention in response to the letter sent to them in January! Still, give them enough rope etc. We really can't be doing with their silly games and will ignore and wait and see how they now decide to proceed! Regards Mrs Z
  15. Good morning all, Mrs Z here Update: Cap 1 have now sent a letter (Statement Of Default) saying they have terminated the account, they will notify the CRA's, they may place or sell Mr Z's account to a DCA which may use door to door collections or begin legal action!! Then they finish with: Our Nominated representative will contact you shortly!!!! I say bring it on, I'm just in the mood to deal with another DCA!! Regards Mrs Z
  16. Good morning all, Mrs Z here Update: The Judge denied Cobbetts rep (local) their strike out application and the case is proceeding to the hearing that was originally booked for April. The Judge was very good and without going in to too much detail (never know who's reading) Mr Z was pleased with the result. Mr Z was also shocked at the amount of hearings that weren't defended, said at least 10 cases were called, I presume they either haven't heard of the CAG or don't care. Regards Mrs Z
  17. Hi Mick, Mr Z had the same grief and threats with these shysters and he sent the letter (courtesy of pt - Paul) below last October to 1st Credit, we have heard nothing since. Send it recorded delivery but DON'T sign your name, PRINT (Mr Z typed his) only. Dear Sir / Madam RE Account No: Your Ref: I write further to correspondence from your solicitors LCS dated */*/2009. In the letter, your solicitors make clear reference to bringing legal action against me on your behalf for a debt, which they claim, has been assigned to your company by **********. Since you appear to be taking an aggressive stance with this matter and despite a reasonable request for you to substantiate your claims, for the avoidance of doubt, a request was made to ************** pursuant to the Consumer Credit Act 1974 for a copy of the executed agreement upon which your claim for monies is founded and to date no documents have been forth coming from ************. Therefore take notice, It is my intention to bring an action against your company pursuant to Section 142(1) (b) of the Consumer Credit Act 1974. I am of the belief that the document upon which your claims are based does not comply with the requirements of the Consumer Credit Act 1974. However your refusal or failure to supply me this information is causing me some problems, so I ask that you provide me a copy of the credit agreement which you are basing your claims so that I can have the document looked over by my legal advisors, if you refuse my request, I shall be forced to make an application for pre-action disclosure in my local County Court as it will be my contention that I have a claim against your company with a genuine prospect of success and disclosure is required to provide me the documentary evidence that I need to bring this action and to which I am legally entitled to. Therefore I require a copy of the credit agreement, this will need to be the signed copy as this is now subject of litigation and as you will be aware S127 (3) of the Consumer Credit Act 1974 makes clear that a signed document containing the prescribed terms is a precursor to enforcement. I also require that you provide me with the notice of assignment which confirms your rights to make demands for monies against me and I require that you provide evidence of the service of the default notice required by s87 (1) of the Consumer Credit Act 1974. Finally I reserve the right to ask the court to order production of the Deed of Assignment should it be considered necessary, I do not expect you to supply this until ordered to by the court. I require these documents to be supplied within 7 days from receipt of this letter, if you do not comply or fail to indicate a time frame for compliance along with a blanket withdrawal of the threats from your solicitors, I will make an application before the court for disclosure as previously outlined. I shall also include a request for costs as a result of the application and shall reserve the right to produce this letter to show that I have made attempts to obtain the information and shall ask the court to consider this when the issue of cost falls due. I look forward to your compliance with my request. Yours faithfully Good luck Regards Mrs Z
  18. Thanks Andy Actually the court has not acknowledged Mr Z's Amended Defence, apart from saying that's fine when he hand delivered it and Cobbetts got a copy by SD. Mr Z has not received anything from the court regarding the latest submission that Cobbetts are going on about. Mr Z will be definately attending the Hearing next week, we realise that this is a must. Cobbetts want payment for preparing as well as the court costs and he has just said he's not willing to do that (he's just got in from work). So what do you think? Thanks again Regards Mrs Z
  19. This is for Andyorch if you're around Can you offer any advice please on the above?? Many thanks Mrs Z
  20. Good morning all, Mrs Z here. We are in urgent need of advice please. Mr Z has just received a letter from Cobbetts stating that the witness statement contains the information his amended defence (submitted at the end of December) should have contained. They go on to say that had Mr Z filed said contents (of witness statement) as his amended defence, they would not have made an application to strike out his defence as it would have been particularised. They say Mr Z has until the 27th Feb if he wants to amend the witness statement to state that it is his amended defence and sign such document (don’t think he’ll want to give them a signature!!). I addition pay their costs (preparing the application plus court fee they’ll agree to vacate the hearing listed 3rd March. Are they bluffing? Is it likely that the DJ will allow the strike out because of above reasons? Should Mr Z ignore them and go to the hearing hoping that the DJ disallows their application to strike out the defence? Cobbetts are sly ba***ards, they have succeeded in getting Mr Z having to rush decisions, hence the amended defence being rushed and done in a blind panic. We would be very grateful if someone could offer some advice please. Regards Mrs Z
  21. How very true Enron! Reading about that poor guy made me feel sick to my stomach. I cried when I read it and the even sadder fact was that he felt he couldn't even talk to his wife about it. Legislation has to be changed, all those who hounded that desperate man to his death should be charged with murder, it really sickens me to think that they can get away with it. A very angry Mrs Z
  22. Thanks for your reply pmw1971 Yes, I know it doesn't say that they would be taking it to court in the letter, I was being facetious!! As you quite rightly say - they'll probably sell or assign the debt on to a DCA in an attempt to threaten Mr Z into defeat... No worries then! We have long been dealing with DCA's for other creditors and have seen off a fair few so far!! Thanks again Regards Mrs Z
  23. Good morning all, Mrs Z here. I thought I’d give an update on Crap 1. This is what Mr Z received in response to the letter template supplied by cerberusalert – thank you again! Ms Renshaw has obviously thrown her toys out of her pram once again!!!!! http://i305.photobucket.com/albums/nn216/Misterzeus/cap1front.jpg http://i305.photobucket.com/albums/nn216/Misterzeus/cap1Back.jpg So, it looks like they will be passing on to a DCA or taking Mr Z to court in a couple of weeks then! Regards Mrs Z
  24. Thanks caro We had decided to add them anyway last night as Mr Z had to leave extremely early for work today and had to take the letters to post with him. Just hope we've done enough and don't lose the case Regards Mrs Z
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