equinox747
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Charging Order Advice, can I remove or set aside?
equinox747 replied to Iannun's topic in Financial Legal Issues
hi just to add: we have just lost an appeal: :-xalbeit on the grounds that it was too long after the judgment date : being 4years and 3 months before we put the appilication in: that fact that we didn't know we could put an application in, didn't seem to cut any ice: the opposing side's bank didn't even have a copy of an agreement, but because the judgment was entered into so long ago there was a poor chance of defending the case:, just a note that may be helpful: have you asked for a copy of your credit agreement? and also because you debt is over £5k a consumer advice solicitor will take it on, and i assume you will meet the criteria for legal aid? anyway best of luck. Consumer Credit Counseling Services are good people that can steer you in the direction of consumer solicitors in your area. -
hi, just reading these threads, i too got a ccj from LINK , i admitted the amount, as they had a water tight CCA, from MBNA, they set a determination order for £251 per month, i'm on pension credit, sent them all my income and expenditure, together with a list of my creditors: and an offer they just ignored it and went straight for the jugular: sent a re-determination letter off to the court S.Delivery, the following day: phoned the court they said it would be about 3 weeks before i hear from them, and that a hearing would be transferred to my local court being Liverpool. in the meantime managed to find a legal aid solicitor, going to see them on thursday: and will be taking all the info' from this forum, with me, i sent off a Subject Access Request straight away to LINK, they got it today. any advice would be appreciated: will keep everybody informed as to how i get on. thanks
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send letter to write off debt or challenge CAGs
equinox747 replied to equinox747's topic in Debt Collection Agencies
hi, hope i'm in the right place sorry if not? i have requested from HSBC a copy of a signed agreement this is for a bank account overdraft and they have failed to do this, , to date they have sent me nothing: i'm thinking to be on the safe side i should Subject Access request them: that way i would get everything they have, is that correct? i will send DG solicitors a letter of account in dispute; can anybody advise? -
hi, can anybody help, got a claimform from link: who i have cca'd and got a copy of my agreement with mbna: all looks ok, except for perhaps mbna signature not on it: but it might be at the top of the cca: my question is, do i ask for it to be transferred to my local court or just admit it: me thinks it would be hard to prove it wasn't o.k. should i just send in the income and expenditure form together with an offer of £1. or ask for it to be moved to my local court: and does this mean that link can now slap 8% per annum onto the debt?
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BARCLAYCARD is CCA ENFORCEABLE? Morgan Stanley, Mercers
equinox747 replied to thereisanotherway's topic in Barclaycard
:)i know its a long time since last thread but would just like to say thanks to everybody that puts their response on to these forums , i too got two dodgy forms back from mercers masquerading as application form/credit agreements with section 4 blanked out, so if it had not been for me reading these threads i may have been duped as well, one more phone call from mercers and I'm reporting them to my trading standards office: i would like to add Barclays are notorious for discrepancies my son-in law is taking them to court, and their solicitors have phoned making him offering an out of court settlement. he refused and would rather fight the good fight. -
hi can anybody advise please if a debt is 'sold on to a DCA doesn't that mean the original creditor who placed a default notice on an account has now been satisfied? does this mean the new DCA has to default the account? so can the debtor apply to have the default removed???
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M&S CCA request? need signature, Confused with SAR?
equinox747 replied to Elgrand's topic in M&S Cards
Hi elgrand, had second thoughts about bouncing back and forth, and i agree with you it's worth it just for support when we do go to court: cheers will keep this thread informed: oh just had another letter from HSBC saying they want a signature to compare with the one they already have: so am i right in thinking that there is NO legislation which says we have to provide a signature: i have read somewhere in these threads that if the ICO can state that if a creditor has been writing to the person concerned in the past then it's safe to assume that this is the correct person they are writing to. as i am now thinking about signature Guard but wonder if that's safe? -
M&S CCA request? need signature, Confused with SAR?
equinox747 replied to Elgrand's topic in M&S Cards
hi,just like to put my twopennies worth in, i too have had two similar request for signatures, one from RBS and another from HSBC, both presumably have not got the signed true copy of agreement, 'cause let's face it if they have why not send requested documents, stop all the faffing about and then they could start collecting !! but really appreciate this thread, I'm not even going to bother bouncing it back and forth, just going straight to court with it. why not nothing too lose? they make the errors in the first place. No wonder tax peoples money had to bail them out, and they're still spending it willy nilly... -
SAR refusal due to no signature ? Pls advice
equinox747 replied to time35run's topic in General Debt Issues
to confirm: my daughter too had a request from metropolitan and just on the 12th day umm i wonder why delaying tactics, if they had all the requested documents they would send them post haste: that i am sure: it's because they haven't and they could easily lift a signature .NEVER SIGN ANYTHING OR ADMIT ANYTHING, it's up to them to prove you have a legal debt with them not the other way round.thank god for Consumer credit agreements...would also like to than cerberusalert? for links to free legal advice cheers -
SAR refusal due to no signature ? Pls advice
equinox747 replied to time35run's topic in General Debt Issues
my daughter too had a request from metropolitan and just on the 12th day umm i wonder why delaying tactics, if they had all the requested documents they would send them post haste: that i am sure: it's because they haven't and they could easily lift a signature .NEVER SIGN ANYTHING OR ADMIT ANYTHING, it's up to them to prove you have a legal debt with them not the other way round.thank god for Consumer credit agreements... -
send letter to write off debt or challenge CAGs
equinox747 replied to equinox747's topic in Debt Collection Agencies
hi, regarding how much your allowed this is a link i don't know if the site moderator will remove it? but it is from the British banking and is in line with CCCS. this tell you exactly what they consider to be fair? http://www.thedebtadvisorintroducers.co.uk/pdf/Income%20&%20Expenditure%20Guidance.pdf:) -
send letter to write off debt or challenge CAGs
equinox747 replied to equinox747's topic in Debt Collection Agencies
CCCS wont help unless you have £100 minimum as mentioned in other comments, they work on the commission they get ,just out of interest they deal with more than £17million a month, they keep it in their bank for 28 days and the interest presumably together with commission funds CCCS, so they are biased in favor of the creditor, as there are many avenues they could help with, but are really only interested in getting some money to the creditors, and hey that's fine, I have a citi card which was transferred to Clarity i refused to pay clarity through CCCS and told them to suspend payment , they said they could fpr three months and then would put a zero balance on the account if not resolved by then, but after CAG and Deed of assignment to Clarity and four recorded letters, Clarity eventually conceded and sent the debt back to citi, which proves if they haven't got a CAG then there is little they can do, but rely on our ability to pay them...and yeah I've got a house and because of the lowsy endowment i was sold 15 years ago, I've had to extend my mortgage till 2018 I'll be 70 before i can realise any equity from my home....not too worried about any charging orders or bankruptcy as i have 21 creditors in total so if one came at me i would simply go down the road that it would be unfair and unjust for anyone creditor to have an advantage over the other. -
send letter to write off debt or challenge CAGs
equinox747 replied to equinox747's topic in Debt Collection Agencies
hi guys would like to thank all for your input from everybody::)think i'll go down the route NO CAG then fight for it and those who have i'll offer £1 per month, as CCCS wont handle anything less than £100 per month,it's impossible for me to pay that amount now, as i believe that if i make a payment of just £1 per month i am acknowledging the debt? -
The Fox V Cap1 (DPA SAR Enforcement)
equinox747 replied to silverfox1961's topic in Financial Legal Issues
cheers undercover-elsa as soon as i crack the code to get my scanner to work...started new thread but what happens now? -
Hi, if anybody can help? i have CAg all my credit cards 90% don't have any valid agreements, my question is I am now so skint i'm on pension credit.ok you all know how old i am, but i'm not bothered about my credit rating.i can't realistically meet my Debt management plan with CCCs and need to write to all my creditors, but do i go down the road , sorry it's not that i wont pay it's i can't, and ask them to write off the debt? or do i battle it out with those that can't produce the CAgs? any help would be appreciated.Don't mind the fight that doesn't put me off, there all leeches anyway, we've bailed them out 36billion.
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