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PainInTheNeck

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  1. Hi Busby "Centainly a court could force disclosure of the calls, but be relalistic, no firms is going to ensure they lose by providing information that proves your version of events. They couls easily assert no recording was made, of if there was it has now been routinely erased" I later got a new phone which allowed me to record conversations, in one conversation i recorded the lady i was talking to, she said they had a record of that conversation logged on the system, now if they try and deny it, i'll just play the phone call to the judge with what she said. Regards
  2. Hi All Thanks for the reply, reason i ask the questions is as follows, i'm currently in dispute with another company, when i was debating about purchasing the goods, i was told if my business went out of business, i could sell the goods. But when i went ceased trading i asked about selling the goods and i was told i could not, i have found on the contract in small print "This agreement is not cancelable under UK consumer credit legistration". Misleading information i believe, but because it my word against theirs, i emailed the sales account manager and asked the same question, and received the same answer, you can sell the equipment. Not sure how well it will stack up in court, but i now have written proof. Also in 1 telephone conversation i was told i could return the goods and they would close my account with nothing to pay, now they are saying they never said that, hence the question about the 'DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST', they may not give me the info, but could a court force them to hand the conversations over, or transripts. Thanks
  3. Hi Looking for some advice on a number of issues. 1) Hire Agreements, can you cancel then at any time and return goods and then pay balance off. 2) Misleading information, what section of the consumer credit act would this be under. 3) DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST, do i need to send anything before this, or can i just sent it. Also would i need to send 2 for both accounts, or would 1 be enough. 4) Do call centres log all out going and incoming calls. Hopefully i'm not asking toooooo much:-) Thanks in advance
  4. Hi ScarletPimpernel The last response i got from CIT was: "Simply ceasing to trade is not sufficient evidence" What evidence would someone need, I have sent all the evidence i have. Thanks
  5. Hi ScarletPimpernel I was a sole trader Thanks
  6. Hi Everyone The problem i'm having is with Wescot and CIT, i ceased trading on the 23rd May 2008, and have been trying to get CIT to collect the servers i have. They have a record of every letter i have sent, but for some reason do not seem to want to cancel the agreement, even though it states in the T&C's "DELL may terminate this agreement with immediate written notice if you: 1) fail to pay on time 2) Not revelent Either party may terminate if the other: 1) not revelent 2) becomes insolvent or is unable to pay debts as they fall due. Well i have failed to pay on time, and unable to pay debts as they fall due. As its a business account, when the agreement is cancelled, i can return the servers and the account is then closed and nothing is left to pay. But this is just dragging on, thats why i want to go to court and get the judge to cancel the account. Thanks
  7. Hi ScarletPimpernel Thanks for the reply, when they take me to court, will i get a letter from the court as to the date and time, as i want to turn up in person as i have a few things i want to say. Thanks PainInTheNeck
  8. Hi Can someone please confirm the following. I have received a debt notification letter threatening to take me to court, They also say: IF YOU IGNORE THE INSTRUCTIONS AND FAIL TO TAKE ACTION BY: DATE This may results in the following: 1, Legal proceedings being automatically issued against you in the county court/sheriff's court - which could results in: A county court judgement or decree against you. Your possessions being seized Your debt increasing because of court costs 2, A debt collector being instructed to visit your home and collect the debt personally. Now i thought is was illegal to send/or threaten to send someone to your house to collect a debt. - Am i right or wrong, if right what can i do about it. I'm not disupting the debt i owe, what i am disupting is the fact that this was a business hp agreement, and in the agreement it stated that if either party was unable to continue making payment, the contract would be terminated, i've been trying to get the contract terminated since July last year and everytime i have contacted the finance company, they have just been fodding me off. So i want this case to go to court, i told them that last Oct, but they said there was no need for that. Cheers
  9. Hi Just a quick question, looking through a credit agreement, i have noticed it has not been signed or dated by finance company. Is the agreement still legally binding, its about 2 years old and i been paying all that time. Thanks
  10. Hi Slick123 Thanks, do you think i should also bill them £30 for sending the letter. Regards GWP
  11. Hi All Received a letter this week from Thames Credit, same letter as most people get from them: ----------------------------------- re: agreement number 12345678912 We have been attempting to contact you at a previous address held, however we have been unsuccessful. We have accessed public information in order to ascertain your current address (as shown on this letter) and believe its is your current address It is important that you now telephone us on the number shown at the top of this letter, as we hold the above agreement at the address shown and we need to explain this in detail to you. If you believe this is not your account then please telephone within 21 days on 0800 xxxxxxx to avoid this account being registered against your name at the Credit Bureaux. We look forward to hearing from you. --------------------------------------------- Now i have never had a CCJ or default on my credit file, missed payments here and there over the years but no CCJ or defaults. So after reading other posts about Thames Credit and the fact, they say they have been trying to contact me at my old address where i have not lived for over 10years i have this question: If i just ignore them, could they put a default on my credit file even through they are not 100% sure i'm even the person they are looking for, i think they are just fishing. Or do i send the following letter: ------------------------------------- Thames Credit Limited Wells House 15-17 Elmfield Road Bromley Kent BR1 1LT Dear Sir/Madam Agreement number: ********* Ref Number: ********* Letter Ref: ********** You have contacted me regarding the account with the above reference number, which you claim is owed by me; I have no recollection of the above agreement number. I would also like to point out that you stated in your letter you have tried to contact me at my old address where I have not lived for ‘many many years’ and you do not mention that address. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount for the above agreement number. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully --------------------------------------------- Should i also state that any attempt to damage my credit rating by applying a default notice will be challanged through the courts or should i just begin court procedures straight away for harassment, as this company seems like ****.
  12. Hi Davethorp Thanks, well i have no idea what they are on about and my last loan and overdraft at the old address was over 10 years ago, and as for as i remember it was paid off, i lived at that address for 2 years before moving, so if any banks had a problem, they had 2 years to contact me. Also why has this agency taken 8 years to find me at my new adress, if they have been checking "public information" they would have found me straight away. Seems a bit strange to me, do you think i should phone them, as i thought it would be illegal to put your name against a agreement without even knowing if i'm the real person they are looking for. Regards
  13. Hi Can anyone tell me how many years a bank/credit agency can chase you for unpaid debt Just received a letter today from a company asking me to phone them about an agreement number, they do not say who the company is they are working for but they say that they have been trying to contact me at my old address, i have not lived at that address for over 8 years. They say they have "accessed public information in order to ascertian your current address" (why has it taken this long is true) They go onto say that if i do not telephone them within 21 days they will register my name with the Credit Bureaux against the account. I have paid all debts at my old address, so i'm not sure what they want or if i do phone, will they try and dump the debt on me. Regards
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