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gwa70

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Everything posted by gwa70

  1. thanks for the reply.......i tried to contact them by phone and they refised to speak to me.........said it had to be done by lettter....i wrote explaining that i could not admit to a debt that i wasn,t certain existed or was correct untill they provided me with the bills.stats etc to back up their claim........as per the cpr request...............they still have not done this........and seemingly refuse to..............therefore all i have is a letter from them saying you owe us this much..........i,m not denying they provide services here or that i do owe them money but my point is i need proof of the amount they claim..................they say refer to you bank account....this is an obsolete account i have no access to or have any old statements.................the law says the claimant must prove the amount claimed yet they refuse to do so...............surely this is a defence.............my case is 22nd dec and i can,t attend as i,m not in the area...........i would like to draft a letter to the court asking them to boot this out on the grounds the debt hasn,t been proved............can anyone help me with a simple wording or point to any case studis etc i can quote or should i just keep it simple and in laymans terms........ i don,t see why i should just admit to owing money on the strength of a letter.................these companies get it worng all the time and i want documented evidence..........i think i,m entitles to that a t least thanks
  2. received a letter today from local court with date for hearing to have my defence struck out........they are saying i was aware of the debt s therefore i have no defence..............i still have not received any paperwork whatsoever in relation to this despite my cpr reqeust......all i have is the water boards letter telling me how much i owe them..............any help on what i should do............am i right in thinking technically they are still in breach of cpr request and i can insist on them providing paperwork befor ei admit to anything.......i,d also like to have the costs struck out as per my lasy post........................anyone got any advice please
  3. latest from water board........they sent a letter saying that despite my cpr request they don,t really understand why i would want copy documents but they will send a copy of the bill to me............all the reminders and court threats etc cannot be sent as they "do not keep physical copies and are therefore are unable to send them"............ i genuienely have not seen any letters from them in realtion to this matter and can,t help think they have never been sent.............if i had seen reminders i would have arranged payment.....................whilst i obviously owe them the missed payments my arguement is why should i pay for fees and court costs when they cannot prove i was given notice of their intent.......etc..........is this a valid arguement if i agree to the outstanding bill but not to the costs incurred etc........................does anyone agree that the court will have to dismiss the fees that have occured as i don,t believe i wass ent reminders and therefore this was avoidable if the water co had sent out reminders.... any advice would be great as i need to file in next day or two as water board have moved to have my defence struck out... thanks
  4. the water board are sending a copy bill so i,m happy that i owe them the money once i get the bill...................do i write to them direct and suggest a payment plan or to the court.............they have written the court asking that my defence be struck out as i its clear that i do owe them something..............how do i avoid a CCJ.............if i admit to the debt is this unavoidable if water board refuse to negotiate with me direct.............i can,t afford to pay the debt upfront as i,ve been out of work for a while and am working now but have yet to be paid so would only be able to offer installments...
  5. hi...sorry for delay in replying...been waitingto hear from xourt and water board........to summarise.... i sent defence to court saying i needed the extra 28 days as i had no knowledge of the debt.. i also sent a cpr request to water board.. the court replied saying water board had 28 days to furnish all documents i,d asked for or claim would be stayed... the WB replied eventually saying they were puzzled why i,d sent cpr request and tellignme that debt related to 2010-2011 statutory charges less a coupe of payments and with costs added on etc........they didn,t however send me any copies of bills or letters they claimed to have sent as reminder........surely the cpr request is asking for these so i can see official documents relating to the charges etc..... the situation seems to have arisen when i changed bank accounts due to loosing my job and getting into financial problems.....my now ex partner said she would take over paying bills etc and i left it with her..............i then moved out of the area when i was offered work and left my house empty assuming she was paying bills.......i now know different... any letters bills etc they sent never reached me and all i,m trying to determine is that the debt is true and accurate................they won,t speak to me on the phone and my job is in a secure unit where i have to leave my phone in my locker from 8 am to 5.30 pm by which time the solicitor involved is closed.......... so................i,d like to know what my best move is..............i have no problem paying off the debt once i establish it but what i,d like is for them to drop the court case.......i don,t want a ccj against me for something so trivial yet they seem reluctant to do the simple thing.................do i write back requesting the bill and reminders etc again or do i leave it and hope the court stays the case when 28 days is up...........if i write and admit liability now will they use this to obtain a ccj gainst me.......seems harsh when all i want to do is see some paperwork to satisy myself then agree to pay them off....... cheers thanks
  6. i,ve received a court summons relating to northumbria water and £300 they say i owe them... i,ve not received any letter from them about this and am at a loss as to where it has come from......i rang them but they refused to speak to me and said i must contact the solicitor involved.......... is there a template for a letter i can send requesting full details of this debt etc? i have asked for 28 days with the court so need to start writing immediatlety... is there any protocol regarding water co,s and debt in relation to what they are supposed to do before court action.........surely i,d receive a string of letters before this point......... the address on the court papers is correct so i assume they have my correct address and any letters would arrive here...... any advice etc in dealing with this would be greatly appreciated thanks gary
  7. i have pre payment meter fitted as i owe them near £600....................i have been unemployed for 2 months now and asked them to reduce the current standing charge of £13 a week to help and they agreed to reducing it to £8 a week.....................i read somewhere that the maxiumum they can take from someone on benefits is £3 a week...........is this right and if so is this figure determined by law. thanks in advance
  8. i sent a parcel to a friend in portugal with dhl....it was booked via parcel2go who are parcel3 ltd.... i was tracking it every few days or so and once i noticed it had got to lisbon then nothing happenbed for 2 weeks.........a message said "contact courier for address details" then a few days later another message saying "processed". obviously i assumed the problem had been solved.......... the parcel then turned up at my front door nearly 2 weeks later.....almost a month since it was sent.. when i rang the agent the first thing and only thing they were interested in saying was i,d broken the terms of the contract by not tracking it daily and not contsacting them when the message about address details appeared...........i tried to explain etc and got nothing but "terms and conditions" mantra till i lost my temper and they hung up.. now what action can i take as i,m £28 down and no way i,m using them again.......the address did have a typing error in one line of it...spelling clae instead of vale but the town and postcode etc were on it... the tracking advice wasn,t clear either although they are insisting it meant i was to contact them immediately.. anyone else had dealings with these cowboys.. thanks
  9. does anyone know if it would be possible to do a driving awareness course instead of the points and fine etc............i,m aware you pay for the course and its the points i,d rather not have.......implications for work as i was in works van and personal insurance premuim etc..
  10. i,ve received photos of the alleged offence and it shows me slowing from 10mph in one phot to 6 mph in the next............the nose of my vehicle is 1 metre passed the light .......i wrote and asked them to reconsider as although i went over the light i was in fact stopping and didn,t cause any danger/obstruction etc............ they have advised that prosecution will proceed and offered me £60 and 3 points............ i wondered if anyone in this position would opt for court or as i suspect the judge will simply agree with the police and increase fine and points.. has anyone been in similar postion and fought it successfully.............i just feel its very harsh to impose this when i,ve stopped albeit slightly late rather than run the light.. thanks in advance
  11. should i write asking for photo before i fill in drivers details form..........will they reply to this and if not the 28 day time limit will get closer and closer... anyone had any luck getting photos.. if i fill drivers details what lines of appeal is there or communication with them other than court.
  12. just received a notice of alleged red light offence on 10/04/10........the letter was dated 26/4/10........however the police had to contact my employee to get my details as it was a works van i was in.......does this matter when it comes to the 14 day rule??? also it states my speed was clocked at 10mph...............that rings alarm bells as firstly i do not remember running a red light and if i did at thos speed then i would have literally crawled through the lights...........i rememeber incidents in my works van when i consider it borderline driving so i,m really puzzxled about this one..............can,t work out how i,d run a red at 10mph................... i know my options are court or bust so wondered if anyone had any advice........has anyone won in court..........it mentions an option too for doing a driving awareness course instead of fine etc.............do i just write a letter to them with the form they sent to me etc... thanks
  13. 3 Other considerations In addition to the above, there is a requirement that an agreement should be legible under regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Quite often, credit card companies in particular do not appear to keep copies of the executed agreements but rely on the 1983 regulations allowing them to 'reconstruct' the agreement. If a case based on such an agreement comes to Court, the defence should point out strongly the requirement of the Civil Procedure Rules (CPR). Paragraph 7.3 of Practice Direction 16 says Quote: 7.3 Where a claim is based upon a written agreement: (1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Another Practice Direction says that a copy of the contract document does not need to be attached if the claim is made via MCOL. However, the requirement to produce the original in court is still valid. also i,m not convinced at all that this is a copy of an original and am pretty sure they could not provide the priginal in court.........has anyone challenged cahoot or anyone else and called their bluff...........is there a well worded letter about to tell them i think this is a constructed cca and see you in court.........politely of course..
  14. there is no specific credit limit on this cca.........."we will tell you from time to time what your flexible loan limit is"....... surely therefore it is not properly executed.......or am i missing something?? it mentions further down an assumed credit limit of £7000........... what happened with these loans as i seem to recall is that the sent you the terms already signed by them then you sent it back and they authorised a credit limit after final checks.........you found out what it was when you logged into you account........ am i onto something??
  15. i have posted this before but got no answer.........try again. thanks cahoot cca :: cahoot cca page2 picture by gwa70 - Photobucket cahoot cca :: cahoot cca page1 picture by gwa70 - Photobucket
  16. i,ve today been notified from my employer that the police claim the company van i was driving ran a red light on 10th april..... the stretch of road in question is notorious for picking motorists up on this offence...i personally know of 4 people who have been fined for the same offence.........all of them deny running the red though admit as in my case of going through on amber due to a late lights change where it would be more dangerous to brake suddenly............i,ve not yet had any offical notice from the police yet but i,m convinced the lights are to blame on this occasion............there are speed cameras all along this road so speeding is not an option..........however on many occasion you will have to brake suddenly when the lights change on the 3 sets along this road............its locally know as a "trap" hot spot..........does anyone have any ideas as to how i could test the timings of these lights as is it more than a coincedence that so many people seem to get caught along this road..............its the felling bypass in gateshead the a184 in case anyone has been in a similar situation. thanks
  17. anyone have any advice on this cca..........what is best action to take...........i got one from another DCA about 6 months ago for different debt and i didnt reply and have heard nothing since...........i assume they knew it wasnt, enforceable if they persued it and when i didn,t cave in and contact them to offer payments then just didn,t follow it up...??....does that sound right....
  18. doh..............i kind of just realised what you meant..............i,ll amend it now.......cheers.......
  19. sorry if i,m missing the obvious but i don,t understand...
  20. 2006.........just my handwriting...................it would be a thin line to try and claim incorrect dates.... should i remove signature.................i,ve taken off my name and address so what harm is it doing???
  21. have done that hopefully................see if this works.......... cahoot cca pictures by gwa70 - Photobucket fingers crossed.
  22. received this copy of my caa...........i know its an ongoing matter from reading through existing threads but i just can,t decide if this is enforceable and if it isn,t on what grounds..............would like some advice before i reply and contenst it...... if it doesn,t upload could someone pm me and i,ll happily email them with the forms....... thanks in advance
  23. ok i,m a bit confused.....if cl pass it back or to someone else we are likely to go throught the same carry on...........if they can,t provided the CCA etc then surely after 18 months noone will and therefore noone is goong to have a legal leg to stand on...............so what next...just wait for 6 years etc and go for statue barred??..................... i,ve had various people chase me for other credit card debts and every one has backed off after cca request............they all say the debt has been passed back to the original creditor.............i,ve heard nothing from anyone since so do i just sit and do nothing or is there anything i can do with original creditor ...ie attempt to get them to write it off etc..
  24. judges order said it would be struck out by 27th if no reply received.............clerk said no reply so judges order would automatically come into force........i said would i receive a letter and she said no as the order was clear..................if i am to write tot he court again what is best way to word it.........a simple " in light of the non response to your order dated xxxx could the court please confirm in woritng that this claim is now struck out"................would this do??? thanks
  25. so do i write to the court asking for confirmation.........what would i say...........on the subject of original creditior if cl can,t provide original cca etc then the chances of original being avble to is by default nil or surely they would have by now............its been going on for nearly a year.........assuming cl back off then is there an avenue for trying to get original creditor to write the debt off as legally they have no leg to stand on....anyone had any luck going down this route
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