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mkb

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Everything posted by mkb

  1. The bailiffs dont help though and in any case, its not just about the legislation but how funny that you mention this.......if bailiffs charged only what legislation allows & stopped adding on their illegal charges, the public would have no need to come here looking for advice with bailiffs fees. What do you recommend for someone who has been lied to & cheated out and sometimes threatened?? What about those who have a bailiff claim that they can break in to get belongings to sell and all without a levy on goods? The list goes on and on and on & unfortunately, I have yet to come across a bailiff who is prepared to actually state what is legally allowed for, on here or any other forum. Maybe, if bailiffs did this they would be given respect for their knowledge instead of which they post crap and then complain when caggers pull them up on the info the bailiffs say to be true.
  2. Have I missed anything while I've been asleep?? Tell you what guys - I had an awful dream where I agreed with someone that the illegal charges by a bailiff are all our own faults for being so greedy :eek::eek: Tell ya, it was a relief to wake up and realise that I am still in the real world and that the charges etc are still unlawful and it isn't always our fault after all.............. PHEW :lol:
  3. OMG BLF!!!!!! Thank you so very much - the light has come on in my head and I now recognise the errors of my ways!! Of course its all my fault for being in debt and nothing whatsoever to do with my disability curtailing my business and income. Its most definately nothing to do with the mis-sold PPI on my loans that means they wont pay out for my medical conditions. It cant be anything to do with the banks & their charges for making me even more impoverished. It's all our own faults for wanting the 50" teles and the 4 x 4 cars etc etc etc so come on caggers, say thank you to BLF - all together now.....
  4. Not half as sick as we feel about the illegal charges made by bailiffs who seem to have an over-inflated ego.
  5. The leeds losers are bottom-feeders so I would defo CCA them. 12 + 2 days then all payments stop til they comply (which they are unlikely to do!!) I understand about the intimidation your wife felt when pressured into increasing payments but this is against the OFT's guidance on debt collection & maybe you should consider a complaint to them ;-) Please dont speak to them on the phone as you should have a clear paper trail to prove who said what - dont forget, they bully & lie on the phone to get what they want then deny it if challenged.
  6. The rescission only occurs after termination on the back of a faulty DN. The faulty DN on its own is not rescission. So the stages are 1) invalid DN followed by 2) termination on basis of non-compliance with invalid DN so at this point, the debtor would be advised to accept the termination and post a letter to the creditor informing them of their acceptance. DD has posted an excellent acceptance letter in post 992 of this thread. When the debtor accepts the rescission, the contract no longer endures so the only money that can be claimed legally are the arrears at the time of the termination. However, the debtor can claim for breach of contract & the damages claimed would usually be enough to clear the arrears owed. Does this help clear it up?
  7. Personally I would lay low and not wake the dogs up If you're not getting any contact & haven't done for 2 - 3 years, I cannot see any benefit in letting them know that you know about them if that makes any sense??
  8. I will help if I can too. CAG has given me so much excellent free advice on many levels so anything I can do in return I will gladly volunteer.
  9. CCJ's are not appropriate for CCA request since they have been dealt with by a court. All other unsecured debts, send CCA request with £1 postal order by recorded delivery. 12 + 2 working days for delivery, the a/c's can be put into dispute if the CCA has not been sent. If you do get any documents sent you can post them up for checking by other forum members. If payment is due in the meantime, the recommendation is to make that payment but ultimately this is your decision. Hope that helps.
  10. That effort at a Default Notice is pitiful since it doesn't comply with the regulations set by the CCA. Have a look here for full explanation http://www.consumeractiongroup.co.uk/forum/show-post/post-1911404.html There are also regs about specific prominence being given to some words http://www.consumeractiongroup.co.uk/forum/show-post/post-2659619.html
  11. My lad has the same - on JSA and gets a coding notice with BR for the tax year 2010/11 so I got him to ring up and they said it was sent out in error but that a new coding notice had aleady been sent to him. Dunno whats going on at HMRC but hope its sorted out soon :-|
  12. Nice one All the very best of luck in your own case - keep in touch about that Kraken - thanks. All sorted now
  13. Thanks dd - not traumatised at all......or did you mean the P2C chap cos he may have felt a tad uncomfortable Will concentrate and gather my arsenal together as there may well be a war to be won then
  14. Wow - well done I cant believe they issued possession proceedings for £700 of arrears which were already being paid back at £40 on top of CMI :eek:
  15. Despite being emailed the 'you have no right to be on my property' letter, P2C turned up! They then proceeded to tell my OH that he was here to facilitate a phone call between myself & Co-op bank! OH called me to the door where the C2P guy repeated all of the above. I told him that I refuse to speak with Co-op but if he would like to ask co-op to send me something meaningful instead of the drivel I've had so far then I might deem it worthy of a response. Oh & BTW, tell them to oblige with the FOS recommendations re PPI. His response to that was they have only 2 options to report: either agree to speak with them or refuse. He left here under no illusion that I would speak with them Questions: are they allowed to visit when expressly told not to & are their actions against the spirit of the OFT guidelines for debt collection? If yes to both questions, what should my next move be?
  16. Works fine for me but try going directly to the form. http://www.insolvency.gov.uk/pdfs/forms/6-4.pdf
  17. Thanks for that. They refer to it however as van/attendance fee so can they wriggle out of it? So, do I simply write and ask for my money back? Would I need to quote the regs & if so, which are the relevant ones? Any thoughts on differences in the dates & charges between the statement & the response to SAR? The amounts and dates have been altered from 1 to the other so I truly have no idea now what is reasonable & legal for them to charge hence don't know what to ask for in reimbursement.....this is sooooooo confusing
  18. Looks good to go IMO - short and sweet but more importantly, accurate & to the point.
  19. I changed mine to: The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: NOA - no need to have that in there Did you send the CPR 18 letter to get all the info from them? I feel you need expert help on this one cos its a joint a/c. Have you both got this going on or just you? I think I would PM some of the more experienced CAGGERS for help or click the red triangle for the attention of the site team.
  20. Gary - if you haven't had the docs, the embarassed defence is all you can say at the moment. This is what the guidance is for the N150: http://www.consumeractiongroup.co.uk/forum/show-post/post-2532725.html
  21. I cannot answer the OP's questions & have been looking for answers for my own gripe with bailiffs fees. I know you are aware of my gripes since I have seen you looking at my thread. 2 of my (now 6) posts were direct questions to 'Certificated Bailiff', the others are observations and opinions. Answers can be found by asking questions as well as making observations.
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