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clairemp

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Everything posted by clairemp

  1. Hi Has anyone had any success dealing with Scottish Power with any alternative remedy to the Energy Ombudsman, please? I'm helping out a seriously ill friend whose bills have got in a mess over a number of year he's been in and out of hospital with various internal organs packing up. I've been trying to disentangle his energy bills which is through Scottish Power which he had no choice about as it was mandatory as part of his rental. It's all very convoluted but comes down to them refusing repeatedly to amend the billing address to make sure he received bills, f
  2. Hi I'm doing it as one claim because they've already admitted in writing that the PPI was mis-sold - that step has already been taken and they've admitted culpability. I need to include it in the discussions about the enforceability of the agreement as the mis-selling itself is a breach of contract and an unfair term with them exercising an unfair relationship; the PPI is listed as an obligatory component of the CCA on the CCA they claim is the executed one, and has been detailed on that CCA as part of the agreement rather than separate as a different category of credit for which the pres
  3. Eyup That's fantastic, cheers for the help. Thanks Claire
  4. Hey Thanks for the advice: I already sent it to the AA and all they did was escalate the harassment and passed it to other debt collectors after the first lot passed it back to them on grounds that it was disputed. I've based the Particulars of Claim on the advice on the forum and have further investigated the details of all the legislation, precisely so I understand the details so I can argue my whole claim myself. Some of it is actually very simple precisely because they've admitted they mis-sold the Payment Protection Insurance. Having tried the Ombudsman first who said it has to go to
  5. Hey Some guidance please. I'm at the stage of issuing claims against AA Visa/Loan - both of which have improperly executed agreements, and both of which included Payment Protection Insurance which AA have admitted was mis-sold but which monies they've held onto against the disputed account. Having got nowhere with the Ombudsman, the Ombudsman very specifically said that a court had to rule as to whether the agreements were enforceable/wholly irredeemable, I took quite a lot of time formulating the Particulars of Claim which can be summarised as: Court judgment that Credit Card Agreem
  6. Hey Some guidance please. I'm at the stage of issuing claims against AA Visa/Loan - both of which have improperly executed agreements, and both of which included Payment Protection Insurance which AA have admitted was mis-sold but which monies they've held onto against the disputed account. Having got nowhere with the Ombudsman, the Ombudsman very specifically said that a court had to rule as to whether the agreements were enforceable/wholly irredeemable, I took quite a lot of time formulating the Particulars of Claim which can be summarised as: Court judgment that Credit Card Agr
  7. Good luck. Have they provided anything to you at all? The one thing I found which would be useful, to me at least, was on the thread http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913 It's about how to request the court for disclosure of documents under 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
  8. Hi Thanks - that thread has been really useful. I used it to send a secondary request to both the lenders and then the debt collection agencies they sold the disputed accounts to, though any other agreement still hasn't been forthcoming from anyone. It's going to be pretty useful once it comes to court, but it doesn't really give me the info I need for Particulars of Claim sadly. Ta for the advice though, Cheers Claire
  9. Eyup I would guess that they haven't got another agreement but am hoping a court case would force them to produce whatever they've got, just in case. I stopped paying in October after they'd been in default of the CCA request for three months, they then defaulted it, told them it was disputed but passed to the debt collection agency anyway, whereupon I used the CAG template in corresponding with the DCA saying there was no enforceable agreement and suggested they pass it back to MBNA. But haven't heard since. I don't particularly have any worries about them taking me to court, fairl
  10. Hey Sorry, don't have a scanner but I've checked it all out pretty thoroughly against the guidance and it's an application form, it doesn't have both signatures on (predates the repeal of the 1974 legislation) nor does it have all the prescribed terms, right to cancel, etc. They've been absolutely clear that this is the proper agreement, though in fact I have a different one with terms and conditions supplied at the time and that doesn't have any of those either! Ta Claire
  11. Hey Yep, that's all in writing. I don't want to complain to the Ombudsman about them without being sure of my ground really, what other TStandards say/do differently, in case it's them that's right! Cheers though Claire
  12. Hey Cheers, they are indeed a waste of space and time; won't be bothering with them for any of the others, that's for sure. Oh yeah yeah yeah, when you open that agreement and see it's unsigned/doesn't have prescribed terms in, you just wanna dance... Ta Claire
  13. Hey The latest update is that, despite the account being disputed, MBNA has sold the disputed debt on, despite these being disputed and despite no enforceable CCA being provided. The Ombudsman has already said in the case of MBNA that a court must rule on enforceability. I used the CAG templates to send a letter to the debt collection agency and at the mo am still awaiting their response. So, the first thing is that I need to prepare my response for court as I think either MBNA/the debt collection agency will now go for a county court judgement against me. I want to counterclaim to g
  14. Hey I'm at the stage where a number of my creditors are likely to take me to court over disputed debts where there's been no true copy of the CCA provided. In fact, I'm probably hoping to come to court with it because then they'll have to produce beforehand what they claim to be the actual executed agreement! However, I could do with some help if anyone has particulars of claim as a counterclaim to them pursuing me for the monies. Please please please. Thanks and cheers Claire
  15. Hey Could do with some advice please, chaps and chapettes. Following the CCA route with a number of my creditors, all of which have done the blank reconstituted thing with new unsigned (and previously not shared with me!) terms and conditions. Using the CAG templates, thought I'd got my head round it. Because they've not given me proper copies, refusing to pay any of them without them providing properly executed CCA. And now MBNA and AA have both sold the disputed debts on, despite these being disputed and despite no enforceable CCA being provided. The Ombudsman has already said in the ca
  16. Hey Just had a very dispiriting telephone conversation with West Yorkshire Trading Standards to whom I complained about MBNA's enforcement action whilst they've failed to comply. I've been using the templates off CAG in dealing with MBNA and reading through the guidance which has informed my understanding of the CCA. But what Trading Standards say is opposite to the text of the CCA templates, that: (1) it's no longer an offence for any financial company to fail to comply with a CCA request within 12+30 days under Repeals and Revocations in Schedule 4 of the Consumer Protection
  17. Hey Just had a very dispiriting telephone conversation with West Yorkshire Trading Standards to whom I complained about MBNA's enforcement action whilst they've failed to comply. I've been using the templates off CAG in dealing with MBNA and reading through the guidance which has informed my understanding of the CCA. Trading Standards say that: (1) it's no longer an offence for any financial company to fail to comply with a CCA request within 12+30 days under Repeals and Revocations in Schedule 4 of the Consumer Protection from Unfair Trading Regulations 2008 which came into fo
  18. Maybe we could do a How To cookery book: turn heat to 220 and bake them slowly over hot coals... Ta, tis nice not to be in alone. Cheers Claire
  19. Hey folks Well, it turns out that though the Ombudsman told me that they had no jurisdiction they DID tell MBNA to send me the CCA - so the b*gg*rs now have sent me it. And yep, months afterwards but still saying 'just an admin mistake, underlying agreement would still be valid without our providing it'. Not entirely sure what the point of the Ombudsman giving them more time to find it is; when the legalities of statutory timescales are totally clear and that's why they can't deny they broke the law. They take the opportunity to say the Ombudsman had no jurisdiction over them, it's a lega
  20. Hey Thanks muchly for your tips. I've been trucking on working through the guidance. So I've complained to the Office of Fair Trading (who said they'd keep it on file because they need quite a few complaints about one firm to reach a certain threshold before they intervene, ho hum) and they sent me to the FOS. I've also complained to the Informationer Commissioners Office but not heard anything as yet. The FOS response has specifically said it has to be a court order because MBNA have admitted they received the request but then failed to produce. As they haven't produced anythi
  21. Eyup. I've been corresponding with Gail Powell, MBNA Customer Services Vice-President, over my CCA request - the CCA hasn't been provided at all within either the statutory 12 days or the further allowable 30 days (first asked in July). I submitted to the Ombudsman who's directed me to apply for a court order as unenforceable. Does anyone know of/have any template Particulars of Claim for applying for said court order? As there's no CCA, I also want to start the process of then applying for my bank charges and missold PPI back. Not sure if best to apply for court order to get it declared
  22. Thanks for this. Yep, it's all in writing that the additional arrears was £808 so this mythical £1500 is still a mystery. Good idea about the SAR though, thanks muchly. Cheers Claire
  23. Eyup. I've been involved in a longwinded feud with nPower which has proceeded to stalemate by their escalation team, and I just don't know enough to be sure of my ground in taking it further. I first joined nPower in 2004, and since then have paid monthly £111 for Dual Fuel. Meter readers come every quarter, but the bills have always been estimated - their previous excuse being that the meter readings weren't processed in time for the bill but it never then turned to actual, so I never had an actual-to-actual bill. However, they've done the regular 'you need to pay more' thing (whic
  24. clairemp

    Estoppel?!!

    Thank you. It was Halifax County Court, Judge Shin. Cheers Claire
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