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Everything posted by IainHL

  1. Personally I would use the date of the 15th (when he had the original hard copy document with your actual signature on). Therefore, as you say, 7 days has passed and I would be on the phone to the solicitor asking where your payment is. I suppose it is possible, depending on the actual wording of the consent order, that the solicitor intends that payment should be made within 7 days of the court making the order. In that case I would suggest speaking to the court to see where it is at in that process.
  2. Hello there NoDefaults. I would be very interested to hear about the approach you took with your 3rd party F&F settlements. Was it directly with the OC or a DCA? What sort of percentage of the balance did you offer? Was it in response to an offer from them to consider a short settlement, or did you just take it upon yourself to send it to them? Did they all fall for it and accept your 3rd party cheques or did some reject your attempt to settle? If so how did you then proceed? Having fallen for it did they then mark your records at the CRAs as settled, or did you have to fight to get them to do that? My position is that I have a number of credit cards where the companies have been unable to provide a compliant agreement. Therefore at the moment they are not receiving any more money from me. (This was after a number of years on a DMP making reduced payments, the current outstanding balances being, I am sure, less than the interest added.) I was quite prepared to sit it out for 6 years till they all became statue barred (I'm currently at 2 years 4 months), however however due to other circumstances it behoves me to try and get as many as possible of these to an agreed write-off or (partially) setted position in the next 9 months or so.
  3. Isn't this a case where the precise wording of the contract becomes important? Compare "MAY be ASKED to do additional hours as the business requires" to "MAY be REQUIRED to do additional hours as the business requires. I'm sure you can see the difference.
  4. Hello Grumbleweeds. As you can see from the detail of the other letter (Subject Access Request) it is asking for a lot more than just a "statement". It is meant to push and probe into the very depths of all the information and data Welcome have relating to their relationship with you, and to hopefully get them to reveal their wrongdoings (to your obvious advantage).
  5. Personally I wouldn't offer them your email address, and keep everything in writing. Should any of these ever get to court action (and please understand I am not trying to scare you with that statement) the solicitors will get your email address, and I have seen too many threads on here where solicitors email some ambush to the protocols at the last possible minute (for instance the day before a hearing). Far more difficult to do if they have to rely on the postal system (or far more expensive for them as they will have to pay for Special Delivery).
  6. Indeed, it is a very cleverly constructed letter to make you think that you might actually talk to someone who can listen and make real decisions. However, in reality you just end up with the standard monkeys in the call centre. (And yes I fell for it once upon a time!) Don't let the threats scare you, and do as CitizenB suggests.
  7. The easiest response is really a letter making 2 points: - I will only deal with this matter by means of written correspondence so please remove all my telephone numbers from your system; - My financial circumstances have not altered in the last 6 months so I propose to continue my payments to you at the previously agreed amount.
  8. I would concur with BD on this one. Two years down, four more to go in my case!
  9. Fair enough Zorba, that comes down to the till software not being in step with what's on the floor (well shelves, but you know what I mean!). I guess that would tend to make it a store management issue rather than a general staff incompetence one.
  10. Hello there PPC. I see you're on the 6 month shuffle now (by which I mean M&S pass it to a new DCA every 6 months). All you have to do is learn how to ignore them and wait until 6 years have passed since you last made any payment. I think there are a fair number of CAGgers doing the same dance. After protracted correspondende with M&S I personally have told them that I will not deal with any third party agency they may wish to appoint, and so just file but do not respond to the letters from the DCAs (not even the ones offering me 80% or 30% discounted settlement figures!).
  11. When you say "Special Offer" items are you referrring to items near their sell by/best before date that have been marked down in price? This sometimes happens to me in my local Co-Op, seemingly more by the ignorance/don't care attitude of the staff who fail to notice the reduction sticker and just scan the original bar code. Where I have picked up items such as these I watch the till display closely and challenge them if I am not getting the reduction I am expecting. I would suggest you do the same. I don't know whether Trading Standards would be interested, perhaps you could try contacting them and seeing what they have to say. It seems to me quite likely that they would act if they were convinced the problem was endemic.
  12. Dave, I am not sure that you can apply to the court for a set-aside on their discontinuance. Certainly the form you have included above does not say that, and normally court forms do tell you what you can and cannot do. I notice the only real option is that they may have been required to have your permission to discontinue (from the top of the form), but they feel that is not needed. Did you ever in your defence put in a counterclaim for the restitution which you feel you are entitled to? If so I would have thought that since there is effectively a case still to be heard (yours against them), that might prevent their unilateral discontinuance. Perhaps you need to telephone the court and ask them what you can do? Also perhaps flag your thread up for the input of one of the knowledgeable members of the site team?
  13. This seems about the best thread to put this in, unless someone can point me to somewhere better. Since whatever was done on Tuesday night some of us have lost the date and post numbering on posts again.
  14. Also with apologies for the digression, I too am missing the date and post numbering. Windows XP/IE7. Can anyone point us to where we should register this problem?
  15. Yes, that constitutes harrassment. Did you send the letter as suggested by MrZ? Was it signed for as received? Do you still actually have a local branch, or is your account now with one of the central units in Nottingham? The sort of harrassment you are experiencing is somewhat more typical of a local branch. If you have sent the letter and it has been received you would need to do a stronger letter ("playing hard ball" as MrZ puts it).
  16. Mr. Mould, for the benefit of Mrs. SB, and others following this thread, the piece you have quoted above looks like it is an extract from someone's defence to a similar case. Is this so (and apologies if it comes from a proposed statement in this case further up the thread, I have read it all, but don't remember this form of words being in here)? If so, is there a thread someone for this other case? And if so, was the argument successful or not? I for one have not lost sight of what you are suggesting in this case, which is that their invalid DN renders their case ineffective, leaving them no option but to discontinue this action, and thus bear their own costs so far, meaning Mrs. SB will not be another >£3,000 out of pocket. (In fact would not Mrs. SB then be able to apply for wasted costs as a LiP?)
  17. Thanks for the response bluesilver. I guess I am just going to have to be a bit more patient! What I find so frustrating about this is that it was 3 weeks between agreeing the full repayment and receiving the call saying the finance had been raised, and it is now another 3 weeks since that call. The cynic in me says that Vauxhall are deliberately slowing the process down to minimise the impact on their cash flow. Hello Phil, again could I ask you what sort of timescales were involved in your case?
  18. Hello bluesilver. Can I ask you just how long it took from you accepting the 70% to you receiving the cheque? I didn't accept the 70%, but instead pushed them to the full 100% of repair costs, but altough I got a voicemail on 31st March telling me I would have my cheque in "7-14 days" I have yet to receive it. I phoned Vauxhall Customer Care earlier today, and after some time on hold the Customer Service Assistant said she would have to go and investigate further and get back to me.
  19. Hello Martel, Only just regained access to CAG this morning after a long absence (browser problems) and your thread was there on my control panel! Unfortunately I haven't got time to read back through your thread to offer substantive advice, hopefully someone else will be able to do so. However, a couple of points. It seems from what you have attached in #170 that Welcome have at last found a reasonable copy of your agreement? Where do you stand on the default notice/termination matter?
  20. Hello there Drob. Sorry for not getting back to you as I promised up there, but the site upgrade disrupted my access to CAG for a while. My view is that by passing to Lewis who have demanded the full amount outstanding under the (non)agreement, Welcome have effectively terminated by their actions. I would point that out the next time you write to them (Welcome), and accept their termination.
  21. Can I ask please what has happened this week? Having upgraded my browser to IE7 I was at least getting the date/time on posts that was missing on IE6, and generally getting used to the layout. Then after trying earlier this week and getting an "upgrading come back later" message, when I did I find another major change. A "Consumer Forums Menu" box occupying the top right of the posts area. This has resulted in the actual estate for posts being about half the screen width (1024 x 768 resolution). By the time you take off the poster details on the left the actual words of a post have about a quarter of the screen to live in. See the screen shot below:
  22. They still haven't learned. The new default notice is as valid as the previous one (in other words it isn't compliant). I take it from the lack of black pen at the bottom of the covering letter attached above that there was no named person for you to contact? Typical ineptitude. The comment about them not keeping originals but scanning them and throwing them away is irrelevant. If they had scanned it there would be no need to send you a cut and paste job. I suggest right for the moment you do nothing. When did you last pay them anything? I will try and take a read through your thread sometime this week and see if I can suggest a form of words you could throw at them, should you wish.
  23. Not it isn't. Not for me anyway. As I said above it's either a post count/reputation thing or platform (Windows XP Professional/IE6). I suspect the former.
  24. Also as cymruambyth noted, I have lots of bookmarks (IE Favorites) to individual posts that contain useful information I may want to refer to at some future point. These do not now work, here is one example: http://www.consumeractiongroup.co.uk/forum/show-post/post-2989603.html.
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