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About Battler

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  1. Thanks, I agree I do not want to compromise the companies credit rating which is excellent. I spoke to a solicitor and he will act for me on this matter now.
  2. Hi, Thanks for responding.I was buying a mini excavator through my company. The finance company are Marubeni Komatsu Finance who provide for the HE plant group whom I was purchasing off.
  3. Hi , Not sure if anyone can help here however I applied for finance to purchase a machine. The finance was agreed and forms sent out for me to complete. Included in the forms was a certificate of acceptance for the machine stating it was in good working order. I called the provider to say I was signing for the finance but would not sign the acceptance until I had viewed the machine. After a month of delays the machine arrived however it was not as described. There were numerous defects and it had logged over 25% more hours worked than had been advertised.
  4. The account was closed in May 2003 and was handed to a DCA. The last payment was the £1 for a cca to another DCA in August 20010. I do not know of any ref. to any of this on my c.r.a file.
  5. Looking forward to sleeping with a smile on my face! Thanks so much for your help. Will fight on with renewed confidence.
  6. Thanks for such a quick response. My wife doesn't even respond that quick when sat next to me
  7. I have fended off 3 DCA's over the years by requesting CCA's on an overdraft that was increased (without request). Now one is persisting saying no CCA is needed for an overdraft. I have made an SAR which has been returned without any agreement for a facility despite it being increased. The account was closed, by Lloyds, in 2003 and the debt sold. I had made token gestures of payment over the years , however most of the debt demanded has been increased through interest. Is this unenforceable? In the SAR one DCA states they recommend closing the file and returned my £1
  8. Many thanks for the advise, I have sent a reply along the lines of this and will let you know the response if and when I get one
  9. Hi all, After 4 months of correspondence I have just received a letter from Marbles containing an application form and a new agreement. The letter states that " I have enclosed with this letter a copy of your reconstituted version of the executed agreement, a copy of your current terms and conditions and a signed statement of your account." They then go on to say that the agreement is enforceable etc etc. Am I correct in believing that they are readily admitting that the original application is not enforceable otherwise why on earth would they need to reconstitute a new one? As
  10. Hi Joolsie, i had received a call from Marbles once a month requesting payment and always replied "look at your notes! acount in dispute" to which I received an appology. Today I have had a statement plus letter saying they would pass to a DCA and that they had filed a default. At this moment in time I am confident that they will not persue as without a CCA it is unenforceable. However I am still unsure as to how to attack having the default removed? Any suggestions welcomed!
  11. I am sure that they will put a default notice up and still add on interest etc, however is there a set proceedure for actioning the removal of the notice?
  12. I am in the same position, two accounts in dispute but despite this MBNA and HALIFAX have issued default notices, and passed to DCA's. Do we wait to go to court to get them removed or can we take action now? and if so what? Thanks for the help, in anticipation
  13. My Sister has an array of toys such as a dog in Elvis clothes that sings "you ain't nothing but a Hound dog" and a wall mounted Salmon that sings "take me to the river" which she puts the phone to after telling the DCA "i'll put you on to my Husband, hold on!" Great fun , we look forward to the calls!
  14. I have just received a copy of my CCA from Halifax from 2004. It is signed by myself however there is no credit limit, no T&C's etc. They maintain that they believe the agreement to be enforceable, but state ,even if it wasn't it remains valid except that they can not sue on the contract??? They then go on to say they will not write off the balance or pay costs and will hand to third party and continue to make collection activity as it is not prohibited when an account is in dispute. I believed that it was an offence to continue to pursue the debt in dispute or to add adverse
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