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Everything posted by vjohn82

  1. If you have the old account number that would help. If not, send them a letter stating that you will be claiming PPI and could they locate your details using your address history (which you will supply). Good luck.
  2. Once it is statute barred, that's it. No recourse for the lender EVER. I got paid out on the statute barred account PPI.
  3. They can only get an Attachment of Earnings Order if they have a CCJ in place. They tend to dole out empty threats and, I imagine, trying to get £800 from a court for a £100 debt is likely to see them faced with some difficultly. However, in accordance with good form please set up a new thread and send me the link to it. We can then advise on it from there.
  4. Write to their customer services in Coleshill. They will sort it out. If not, let me know. I have a good rapport with them and have sorted issues out before.
  5. Can you post some of your documents in a new thread (i.e. via scanning/camera upload)?
  6. My friend asked me to look over a finance agreement for his Father. It looks ok to me but there is something I have a question on... The credit agreement states: "You may at any time end this agreement by giving us written notice and paying the full amount you would owe us under this agreement if this agreement had continued" However, on the back of the loan statement it says this: "You also have the right to end this agreement early in accordance with section 99 of the CC197. You will not have to pay all the sums due under the agreement but you will not be entitled to retain the goods if you do this. Details were set out in your credit agreement" There is nothing within the agreement with reference to the second statement. Any thoughts on this? *That should be CCA1974 and not CC197
  7. The pips certainly squeaked haha. Yes, mark this thread won please
  8. No, I cannot "prove" it. But then I do not need to either. People can make up their own mind who is telling the truth on this one. People can trust a guy with over 3000 posts to his name here who has helped out many people in their legal cases and had access to all of the documentation in this particular case and had an opportunity to speak to you, was not impressed and then made you cack your pants so much you didn't turn up to court... OR They can believe someone who did not follow the order process on their own website (as evidenced by your own admissions here), used "ltd" on their website, did not have their registration details correct with Swish and therefore in breach of their code of conduct, sent out a salesman to a vulnerable person's home and then proceeded to badger her so much she signed a document which was NOT an order at all but an estimate (your own evidence, again, proves this to be the case), the documents you intended to rely upon were not within the law and then, to top it all off, when I told you about what law you had broken you then proceeded to make up the evidence which was STILL not within the law. Yeah. I REALLY have something to prove here don't I?
  9. Occam's Razor applies here in that the simplest explanation is usually the right one. Either both me and Mr Gibbons are lying or you simply did not follow the letter of the law. People here can judge for themselves I think.
  10. With this statement, it ultimately proves that what you provided to Mrs Gibbons was an "estimate" and NOT an order. In any event any such estimate or order is fatally flawed by the cancellation form not being attached. You were not operating within the law. I trust it has been corrected? If not, my offer stands.
  11. Mr Higgs, I was the "legal advisor" you spoke to on the phone when I was dealing with this issue for Mrs Gibbons. You were undone by consumer legislation which stated you needed to provide a tear off cancellation form on any "order". You did not do this. In fact, when challenged you created the evidence. When this was still not within the law, your firm were referred to Trading Standards. It was after this that you decided not to proceed with your action. When I challenged you on the phone about the cancellation document, you were quite evasive and equally evasive on the "ltd" company issue. At that time you had no explanation why it appeared as such. I also recall asking you for the order details from the supplier of the fascia material inc. a returns policy for cancelled orders via an official CPR Part 31 request. Again, you failed to provide this to me. You need to accept that on the face of it, Mrs Gibbons was treated quite badly. You not only took her to court for the cancelled items but you wanted the labour costs too. The entire case smacked of taking advantage of an elderly woman in my opinion. I hope that you have learned from this in some way. The law offers a harsh lesson sometimes. If you would like me to make your quotation and order forms "bulllet proof" for all future transactions then please make a £50 donation to CAG and I will sort them out for you. On this occasion, and I suspect others, you were not operating within the letter of the law. Thanks, VJ
  12. Hold firm is the advice. If you believe you are owed more, continue with your claim.
  13. The case was heard in the High Court and I have done a little summary here: http://vjohn82libelcase.blogspot.com/2011/11/media.html Some pics on the main page too... was a very tiring day but also quite fun because of the two friends that attended with me. Pretending the huge box housed a batch of kittens whilst on the underground was quite amusing... strange looks from the passengers Thanks to DonkeyB for attending
  14. I know it seems unfair about the liability issue where there is no CCA but that's the position of the FSA and OFT. This does not mean that such a loan would be enforceable in the courts however. And yes they would need to reconstitute a CCA for s.77/78/79 purposes and provide the original signed document should they wish to enforce the debt. What do you have in mind to do exactly at this stage?
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