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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

BelstarBomb

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Everything posted by BelstarBomb

  1. BelstarBomb
    Hi Lizzie, I no longer live in the UK so don't know how the consumer credit laws may or may not have changed. My initial response would be to let it run. My only concern is that in calling them, you have now confirmed your address which may allow them to apply a DN etc. I personally, would not have responded. If they continue to chase you, if you hadn't claimed your PPI back, I would tell them that as the owners of the debt you will be claiming the PPI back from from them unless they discontinue their action and confirm that no detrimental information will be posted against you at your address. I'm sure the amount you could potentially claim is way more than they paid for the debt...... Good luck! Bel
  2. BelstarBomb
    Hi Brig, Would you like to add an email to my work email saying they will visit me even though I have not responded, a recorded message on my work voicemail and then a recorded message on my home number at 5.30pm this Sunday evening to your list of complaints? The message at home was not even a real person - it went straight to the recorded message! Bel
  3. BelstarBomb
    I know Renegadeimp, it's just that I was stunned to received such an obviously defective one after all the years that they have been beaten up by us the consumer because of them. It's laughable, but imagine if someone who didn't know what I do or have the support of the CAG received this and it tipped them over the edge....
  4. BelstarBomb
    Hi DX, It's a credit card debt. I'm not disputing it just waiting for funds to be paid to me before I can clear the arrears and pay part of it down which will be on 25th October. It's just that I was looking at it thinking this isn't right and so it isn't! Any subtle suggestions about telling them they're wrong and will have to be patient until 25th? Thanks, bel
  5. BelstarBomb
    It also referes to 'if the payment required is not received before the date shown' and there is no date!!!
  6. BelstarBomb
    Totally stunned to receive a default notice from cahoot, not that I wasn't expecting but because of how it is laid out. Letter is dated 8.10.13 and states that it is DN served under Section 87 (1) of the CCA 1974. It then says Dated: 8.10.13 which I assume is the date of service and gives the arrears amount and the breach which is the failure to pay the overdue amount. It then states I have to make payment of the overdue amount within 14 days of the date of this notice! The letter has just arrived today. Am I going loopy but the date sent and date of service in theory cannot be the same as allowing for postage, how on earth can they give me the 14 days by law that is required?? Absolutely stunned that in this day and age, a company such as cahoot/Santander can still get it so wrong??
  7. BelstarBomb
    Hi, I overheard a conversation today that I couldn't help but get involved in. The upshot was that a mum had got behind on her council tax and there was a liability order. She sent an email to the council copying in Rossendales who had visited her putting forward an offer of payment. Rossendales responded - the council didn't - but she did not respond to Rossendales. She has an outstanding complaint with them levying a fee on a car that had finance on it to which they had never responded and had refused to deal with them until they did. Rossendales turned up on her doorstep and she refused them entry pointing out that she will only deal with and pay the council directly, reminding them that there was still an outstanding complaint and that more over, since their visit 3 years ago, she had gifted all non-essential electrical items or those not fixed to the wall to her son. Rossendales response was to say 'so what, you still owe the money and we will keep on coming back so that you incur charges'. She advised them that she wasn't giving them access and shut the door. They exact same bailiff had visited her today and left a letter and that's what she was talking to her friend about. I chipped in and asked if she had given them proof that she had gifted the said items and that there was still a complaint and she said that she printed off both letters and handed them to them with the items blacked out as she had sent the letter to the council when she had complained to them about Rossendales previous conduct. The council had finally responded to her on Friday saying that they will accept her proposal and she replied informing them of what had happened with Rossendales last week, that she would not deal with for the reasons she had laid out and that payment would come to the council direct as well as reminding them that items had been gifted. I thought that Rossendales actions were intimidating and bullying as there is nothing for them to levy on and they admitted they would keep on attending to incur charges as did she. Does she have grounds for a complaint? Very interesting afternoon at the park! Bel
  8. BelstarBomb
    I know, I know Silverfox. I think I was angry and frustrated with myself to be honest. I had gotten myself confused thinking that they had sold this on but it turned out that they hadn't. I think as I had also thrown the PPI at them during the court case, they probably had an idea that this might be coming hence the reason it has been sat with Restons for 3 and half years! I reminded myself this morning that my ultimate goal is to have every priority debt paid off - this one just wasn't on my priority list, but at least it's a debt paid down. I have pointed out to them however that the calculation did not include statutory interest at 8% so at the very least they should cough that up as I know that that can't be applied to the balance - that should be worth a couple of hundred pounds at least! Cheers, Bel
  9. BelstarBomb
    Hi Lizzz, Do you have an update on this? Bel
  10. BelstarBomb
    No it's not, but that's Rossendales for you! Still get this all in writing though just in case there's a time lag........
  11. BelstarBomb
    Hi, call the council and get them to call Rossendales off. From personal experience I know that Rossendales can add fees for attendances that didn't happen etc. If your payments were being posted to the correct account, Rossendales would not have attended your property, so it is up to the council to put them straight. If the council and Rossendales cannot communicate effectively, that is not your fault. They cannot take your goods as they have not entered your property to see what they can legally take. As there are no arrears, they have no legal right to enter your property anyway. And if they did, after showing them that you were no longer in arrears and the majority of the arrears was the council's accounting error....... For your own peace of mind, get it in writing from the council as to what went on as well as confirmation that they will call Rossendales off, and send a copy of that to Rossendales politely telling them to bog off and if they want paying for any fees, ask the council! Bel
  12. BelstarBomb
    An OC attempted to take me to court 3 or so years ago over a credit card debt. They had sent 3 defective default notices (date issues), the DN's themselves included mis-sold PPI. It went to court with the judge awarding me costs and giving the OC 40 days to cough up the legal agreement. 4 months later it finally turned up, reconstituted without the T&C's within the signature box and I wrote to the OC and the court quoting Res Judicata. The court stated my letter should rest on file and heard nothing from the solictors/OC in over 3 years. Recently got a letter from the OC saying that they have finally upheld my complaint for missold PPI. Sent the form off to find that they have applied it to my 'arrears'. Have just written to them telling them that that is totally unacceptable I know that they have the right to offset an account if their are arrears and I also know that if the debt has been sold on, they have to pay the funds direct to me. However, what isn't clear is what happens in situations like this where it has gone to and through court and is unenforceable on so many counts. Does anyone know? Cheers, Bel
  13. BelstarBomb
    Hi Andy, I have already entered my WS which has been accepted as my defence. The OC have been given the opportunity to supply another WS which should attach the Notice of Default Sums. They have sent one to me showing the balloon payment of the car and nothing else and I'm assuming that is what they will be supplying with the WS to the court however the letter did not state that 'this is our ws etc'. They've been given until 17th September to supply their WS so we'll see then Bel
  14. BelstarBomb
    Hi Guys Just a quick one In writing to them and telling them where they messed up, does that give me a basis with which to argue the affirmation angle? Secondly, they or their solicitor was wrong about the fees. He advised that they have the right to charge the default fees rate of £25 if I had missed two, however they charged the default fees right off the bat. This would and does affect both DN and TN's that were issued. Can they then simply correct these 'errors' and start the whole ball rolling again? Cheers, Bel
  15. BelstarBomb
    Hi Andy, I had informed them in writing of my intentions many times which is part of the reason I believe they applied a refund to the account 3 months before it actually took place. Bel
  16. BelstarBomb
    No worries Andy, I know the hours you put in. Yes I still have the car. Bel
  17. BelstarBomb
    It was a car Andy
  18. BelstarBomb
    Hi Andy, The judge has given 21 days for the claimant to supply it via a witness statement and will then go for the first available 30 minute hearing after that. Regarding the affirmation, could it be argued that as I had told them they had messed up and terminated when they did and all arrears were paid up and therefore they had revoked all rights to enforce and I was keeping it? I thought that that was the case when an agreement was terminated incorrectly? Do you know of the case law he was referring to? Bel
  19. BelstarBomb
    Hi Guys, A bit mixed. The judge was a little exasperated with the solicitor as he appeared not to understand the CCA! The solicitor completely disregarded the first set of DN and TN and kept on referring to the second set and insisting that they were correct. The judge pointed out in their POC that they had not supplied the Notice of Default Sum as per Sec 86c and as such he could not rule in their favour. He stated that he was sure the OC had sent them but until it was presented to the court, they cannot enforce. I pointed out that this was referring to the second DN and TN and asked what about the first. The judge responded that legal precedent had been set that even with a situation like this, a creditor does have the right to reissue a DN and subsequent TN. Should have asked but didn't think what case law he was referring to. Does anyone know what he is referring to? I then asked if the fact that the fees were incorrect on the first DN and made up to teh tune of approximately 50% of fees made any difference and he referred me to the claimants solicitor and said 'Can you speak to them on that'! The solicitor then said to me outside then said that even though the late payment fee was £20 for each additional month thereafter as it was either a default notice or a failure to promise to pay, they were within their rights to charge £25??? I asked him what was his definition of 'Promise to Pay' and he said me signing an agreement to pay £xx on a certain date. I would have taken it as I have agreed to pay £x to an agent of the company. I will look into that as I know that some charges were made after 8 or so months of perfect payments that inured the fee of £25 the moment they were missed so that would seem to dispute what he is saying. In short the judge said the claimant needs to supply the Notice of Default Sum relating to the DN and they are likely to win their claim as the default fees can legally be included. He did not accept my claim for the 'fiddling' of the date of service relating the original court order and even though I had written to them last week giving my explanation for the lateness of my witness statement, I was penalised for only getting it to the court yesterday and have to pay costs of £60 for wasted time as he said the claimant did not have adequate time to respond. I should have pointed out that they got theirs at 11am yesterday but hey, ho! I asked again about the first set of DN and TN and he quoted 'Affirmation of contract' due to the fact I still am in possession of the item so said that's unlikely to stand! Not too sure what to make of all of this and what my come back should or could be? Your thoughts? bel
  20. BelstarBomb
    Thanks All, I keep on thinking that I've missed something out If you have a moment you wouldn't mind taking a look and over the last few posts from the last couple of days just to reassure myself - I can at least make notes and refer to them in court tomorrow. Cheers, Bel
  21. BelstarBomb
    All done, faxed through to the solicitors and hand delivered to the court. Wish me luck for tomorrow and I will let you know how I get on. Thanks for all the advice and support already given. Bel
  22. BelstarBomb
    Long day, sorry 'The Mould'
  23. BelstarBomb
    Hi The Mound, Have read some articles and wondered if you could clarify something for me. Why do you think they have repudiated the contract as opposed to recission? Bel
  24. BelstarBomb
    Will do that now TM - many thanks again
  25. BelstarBomb
    29th March 2012 issued - payment by 18th April 2012

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