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iseo94

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About iseo94

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  1. Hi all I received a standard aknowledgement letter from the commissioner re complaint on 3 september and a letter from fredrickson stating that they are putting case on hold until they are in receipt of instructions from their client (first direct) back in August but i've received nothing from first direct. has anyone got any suggestions? should i go for court order forcing disclosuer pursuant to cpr31.16? i really want to keep up the momentum, anyone's thoughts would be greatly appreciated.
  2. Hi all have finally received docs from NR for SAR (a week late) They have sent the photocopy of the ca, it doesn't have the document number in the bottom right hand corner like the one submitted by eversheds in court.Numerous computor printouts of account activity and notes written about me.curiously the screen grab produced by eversheds, and referred to in their bundle re the default notice, fd02 (as they refered to it) is not present.Eversheds said that a DF had been sent out on a date and referred to the screen grab as evidence, and produced a template copy of a DN used by NR, to illustrate what an fd02 was. On the computor printouts I have received the same screen grab (page) does not show the fd02's. in fact my printouts show that a DN was sent on another day, 2 months later.so it looks as though NR have fiddled with the computor printouts sent to eversheds for the court case. on my printouts they also admit that they know i am not living at the address they have got before they sent out a DN. i have sent a reply today to NR asking for they original CA with terms & conditions on same sheet and a true copy of the original DN, otherwise they are in breach of CCa 1974 s87(1) and have given them 7 days. if nothing comes back i will go for the set aside as discussed earlier in this thread but i am not having much luck in the courts so should i make a complaint to the banking ombudsman(although i know they are snowed under at the mo)or trading standards or some other body? ps does anyone know what cacs means, apparantly my case has been passed to that department!!!
  3. ok, complaint form finally completed, (4 attempts to send web complaints form timed out, changed all formats of letters to attach, then changed back again to print!total 5 hours 35 mins!yey!)sending by post today with all correspondance with Fd. also sending a copy to Fd:)
  4. quick update, reply from Fd says that they have contacted information commissioner and have been told to quote sec 7 para 3 data protection act, which states, in short, they have the right to satisfy themselves of who I am. She is also saying that i have not supplied a valid signature, although i did send the last request with a security signature. i'm going to write a letter to the information comm' stating that i have sent a signature, albeit one on a security strip,i have offered to collect from a branch with a passport and confirming that i have been in contact with a dca for past 3 years and paying instalments for that time.i'm hoping he'll contact Fd & give them a kick up the you know where. i'll also send a copy to Fd & see what happens. if anyone has anymore ideas, i'd appreciate your input
  5. after reading southern district finance v turner again, i'm seeing that the appeal judge ordered that she pay the claimants costs because of the way her defence was put forward in the beginning("with no request for an application for an extension of time correctly") so am i right in thinking it would be best to apply for an extention of time, too?
  6. hi chris i've been using 40 wakefield Road,Leeds LS98 1FD. rachel howard or janet brooks are both in data security hope this helps
  7. ok, letters have hit the mat from fredrickson so have bitten the bullet and sent ms brooks a letter with a secure signature. lets see what happens (am a big time conspiracy theorist, and am bracing myself, lol)
  8. lilly i have reread case and cannot see why it didn't work for r&b. surely under cpr 14(d,f&g)prejudice/prospectsof success/interests of justice under cpr 20 permission to apply for declaratory relief/ agreement unenforceable and under limitations act 32c-"the action is for relief from the consequences of a mistake;" no DN, unenforceable agreement there's got to be enough weight to start afresh?
  9. thanks r&b, really appreciate you taking the time to clarify for me, and no, i wouldn't want to leave loose ends hanging around for eversheds to use againgst me. looking at your thread procedure on challenging non default judgments, robcag's unclean hands looks interesting.
  10. limitations act 1980 32© "the action is for relief from the consequences of a mistake;" so, could i use the 2 lots of £30(plus anything else that comes back in sar request, sent today recorded)as excessive charges & not knowing that a true DN should have been produced at court as it was sited in particulars of claim? or was it the mistake of the judge for not asking to see the DN?(or would that put the judge's back up?)
  11. so is 142 saying i can exercise my right to have the unenforceable cca and non existant DN addressed, even though judgement has been made and out of time to appeal?(and apply for permission to counterclaim for declaratory relief, just as turner did?) r& b did you use this? 42man or anyone, can you point me in the direction of limitations act 32c, have looked about & seems to be a lot of limitations act? thanks
  12. yes, eversheds have produced a fax copy of agreement from 2006 (many times) 2 separate sheets, 1 is the supposed front and 1 is meant to be t & c's. i have an original unexecuted (unsigned)agreement.the t&c's are not the same.
  13. hi, just thinking aloud but have read practice direction-admission re part 14 and 7.2 (d) "the prejudice that may cause to any person if the applicant is refused" 7.2 (f) the prospect of success (if the admission is withdrawn)of the claim or part of the claim in relation to which the offer was made" 7.2 (g) the interest of the administartion of justice so, if you have a dodgy or no default notice & or an unenforceable cca, then surely you can apply to withdraw an admission on any or all of these grounds, or not? if the DN & or cca are faulty and a judgement been made off the back of them, then there has been a miscarriage of justice.the act 1974 says they must conform to certain criteria and they do not. therefore on the grounds of the above, apply to withdraw the admission and start again with an "appeal or fresh action":confused:
  14. sorry dt&fe i think you need to start a new thread for this. you can subscribe to this one and comment on your one as to how you can use it for yourself, and other caggers will advise just for you,otherwise things get very mixed up.
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