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Everything posted by Ragtaggeorge

  1. Just trying to help slick as the site team seem to have all the answers for all the questions and are good at patronising people who do it for free, while being paid for it I am not going to be helping anyone else on your site. Being a qualified working plumber what do I know.
  2. Not much you can do if you have a separate pump you can turn it to the highest setting, very unlikely to make much difference though. Put something in a letter, advice from fully qualified plumbers and the manufacturer state the wrong boiler was fitted. Suggest they fit the right boiler for the job when they do the power flush or find they are facing a court case.
  3. This earlier posting should answer most of your questions just read the links. You have to make the decision at the end of the day some the more you read the better. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/176056-egg-cc-assistance-required.html#post1923530 Not enforceable in my opinion, basically because they only have a microfiche - they need a physical copy in court. Although there are reasons why it could be unenforceable, I will leave you to work those out. . Send out the Second CCA letter you can find in the links above, alter as required, just say it does not meet the requirements of the CCAct, leave out the specifics. You can allways add them later if you need to go to court, unlikely to get that far though.
  4. You need to have a good read of this thread:http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html?nojs=1#post1747470 and this http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html#post1048109 You can find one of the standard letters you send out after 12 + 2 days or 12 days after confirmed delivery by recorded delivery by using the site search feature. Then adapt one of the standard letters you get more out of the forum the more reading you do before acting. Here is a post you could use. http://www.consumeractiongroup.co.uk/forum/barclaycard/167584-barclaycard-no-cca.html#post1805429
  5. Good news so I would have to apply for a court set aside in order to use the dodgy CCAct agreement to stop payment. I have the microfiche copy, which is no good: not signed by the SLC; T & C on other side and no hard copy by their own admission. Could I just stop paying after issuing the account in dispute letter and wait for them to try and enforce it. That is to say could they enforce the agreement without producing a valid original agreement unless I have the court registered voluntary agreement set aside? Left it so long as CAG was not available at the time, surely the court would accept that;¬)
  6. Any opinions on my chances, letter mailed out last week. Thanks. MIS-SOLD AND MIS-REPRESENTED MORTGAGE PAYMENT PROTECTION INSURANCE (PPI) REQUEST FOR REPAYMENT OF PREMIUMS AND REFUSED BENEFIT REFERENCE NUMBER Dear Sir/Madam I believe I have been mis-sold a PPI policy and would like to request a full refund of my premiums and refused 'XXXXXX' benefit , plus interest paid. Until the recent publicity around the mis-selling of PPI I was unaware of my rights, which is why I am now contacting you. I took out the PPI advised by your sales representatives via telephone and the agreement was signed and returned although it is missing from your recent response to my Subject Access Request (Subject Access Request), so I must assume it no longer exists. I asked for all the information on these accounts and no telephone transcripts were provided, so these must also no longer be held by yourselves. The Terms & Conditions of the small print were not fully explained to me. Specifically I had no idea that I could be unemployed through no fault of my own but you could use a clause in the small print to evade payment. A description of mis-selling from the Financial Ombudsman consumer fact sheet on PPI: ...' the policy was not properly described to them – and they bought it not understanding it wasn’t suitable or how it worked.' I believe that a reasonable level of care and skill was not offered to me during the sales process, and that therefore you failed to meet your obligations under the terms of section 13 of the Supply of Goods and Services Act 1982. 'In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.' I believe you have broken several of the Principles of Business. Which are legally binding on you, under the Financial Services & Markets Act 2000, and are contained in the FSA Handbook: Principle 1 Integrity - A firm must conduct its business with integrity. Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence. Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly. Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading. Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement. I was suspended, then dismissed due to falling foul of office politics. I lodged a case with the local Industrial Tribunal and my lawyers were approached with an out of court settlement. The lawyers advised me to accept the offer and I did. I claimed the 'XXXXXX' benefit of your PPI. In your letter of XXXXXX you advised me that: 'According to the information supplied it would appear that your employment was terminated due to misconduct which is specifically excluded under the policy terms and conditions.' I appealed given that part of my settlement was a glowing reference and the charge of gross misconduct was removed by my former employer. You replied in your letter of XXXXXXX that: 'Further to your letter, I must advise you that to enable your claim, to proceed further I will require evidence form (your spelling) an Industrial Tribunal to confirm that your dismissal has been won in your favour and that they ruled out gross misconduct. Unfortunately, I will be unable to accept an out of court settlement'. As I had already accepted an out of court settlement, I did not have the option to restate my case to an Industrial Tribunal. If the small print clause you used to deny my claim had been made known to me when speaking to your telephone advisor while discussing the features of your 'XXXXXX' PPI I would obviously have proceeded with the Industrial Tribunal. Not withstanding the above it is a tautology that you can accept the information I provided to you that I was dismissed due to misconduct but then refuse to accept an out of court settlement in the form of a fax from my former employers to my lawyers, as proof that I was not dismissed for misconduct. In fact were you to write to XXXXXX human resources (the employer) they would give you a good reference for me still and would deny if asked that I had been dismissed due to misconduct. 'XXXXXX' cover started from XXXXX. So I am requesting repayment of premiums from XXXXXX until xxxxxx with contractual interest. Schedule enclosed. Also I request xxxxxx the unpaid monthly mortgage benefit while I was unemployed from xxxxxx to xxxxxx with contractual interest. Schedule enclosed. If I do not receive a favourable response from you within 14 days I will pursue this claim either through the Civil Court or the Financial Ombudsman Service. Yours faithfully
  7. Ragtaggeorge

    roors v MBNA

    Actually you can claim the PPI I was not sure if they were lumped in with reclaiming charges. There should be a seperate contract even if the PPI is not shown as such on the agreement.
  8. Bump - you could try posting a thread in the legal issues thread for ideas on POC (particulars of claim) relating to using the missing APR variability. Someone is likely to notice if it is indeed a valid arguement or not.
  9. The new ammendments only apply from April 2006. You are entitled to ask to see your agreement its not fishing. Really the best thing you can do is some more reading: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html?nojs=1#links Look at the stickys there and some of the threads. Also use the search feature to look for institution specific sections like, 'MBNA'. You are likley to be 'lucky' with all of those names you have quoted with agreements before 04/06 so I would go for it. Send out the CCAs probably nothing much will come back, which is good, post up what they do send in a thread you start for each card.
  10. Not my area but this looks like a good thread to read until someone more knowledgeable comes along. http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/58550-council-tax-bailiffs.html?highlight=bailiffs#post490714
  11. Change your email, they will not stop, block one address they will use another, all automated I think like the phonecalls. I once described a DCAs actions as 'double *unty' in writing, they went quiet and gave me 3 month free credit!
  12. It is not properly executed. No creditor sig. Current T & C no good as seperate documents Check for yourself. Yes, write and tell them the agreement is not enforceable quote the legislation and ask them to save the courts time by declaring the debt satisfied as the agreement is unenforceable. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html?nojs=1#links
  13. Start here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=2
  14. Use the front page of your driving licence. The signature has been scanned and reduced in size by the DVLA, so if you cover it in crosses should they manage to remove the crosses the size will still be all wrong and it goes ragged on the edges if blown up to normal size.
  15. What I mean is do not trust your friend, ask him for the cash. If the account is still ok he can get you cash...What are you going to do if the cheques bounce he will probably walk away as an acquaintance!
  16. Yes, my cat was very interested in the speakers, cruel really;¬)
  17. Yes, the cat sitting at my feet got very interested and fixated on the speakers, cruel really ;¬)
  18. If it is still good he could walk to the bank and write himself a cheque for cash...
  19. They will have to send you full documentation that they are relying on to prove their case before the court date. Stayed just means paused. Take look in the Legal Issues section. There are several threads that have been marked as sticky, that means useful. http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html#post1048109
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