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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

roygoodbeat

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Everything posted by roygoodbeat

  1. roygoodbeat
    Hi After being chased by different collection agents, Lowells finally purchased two barclaycard accounts. Have received by hand yesterday a statutory demand to pay around £14000. They have put together these two accounts. Still to date I have never received a credit agreement from my old barclaycard (taken in 1994). In addition I have never received the same for the morgan stanley one. Even to my cca request they have only sent a reconstructed version, which only refers to barclaycard and not morgan stanley. The default notices are correct I think. Issued 19 may 2009. Pay by the 5th June 2009. (There was a bank holiday over this period) Having a ruff time at home. Recently broken up with my partner (A delayed reaction to when we got into trouble 3 and a half years ago) Also lost my job due to the split up and on anti depressants. From what I have seen, these accounts are unenforceable. Need some advice on how to go about this all. From what I have read, Lowells are going down this route especially if they do not have the correct documents that fall under the 1974 consumer credit act.
  2. roygoodbeat
    The solicitors stated that I had until the 19th November to submit a defence. I have done so by submitting an embaressed defence. No I did not keep the envelope for the default but I do remember it was UK Mail. I received this on the 14th October, date of issue 9th October.
  3. roygoodbeat
    Does anyone know when they stopped sending second class. The solicitors were claiming it was first class.
  4. roygoodbeat
    Any help with an embarassed defence would be great.
  5. roygoodbeat
    I have 4 days left in which to submit a defence. I have not received anything from the solicitors or creditor apart from the last payment date and that the default notice they claim was was sent first class. No credit agreement, no default notice and no answers to any of my other questions. They have not adherred to the CPR requests. The particulars of claim do not state that the documents are to follow. I did not do a section 78 as I have been unwell, however, I made a section 78 request back in 2009, of which MBNA only sent a copy of the application form and the current terms of conditions, and are therefore still in breach. As arrow have taken over the account, does this means that the same conditions apply as they have taken over the rights and everything to do with the original account? Secondly, I have read that at the time MBNA used to send default notices out by second class post, not first class as the solicitors claim?
  6. roygoodbeat
    The particulars of claim does not state that these are to follow. I did a section 78 on MBNA a long time ago. I will send one to Arrow however, like before they will most likely not send a copy of the original ones, only the current terms which are not relevant. If I am correct (Correct me if I am wrong), after the Wakesman ruling, a reconstrution copy would satisfy a section 78 request, however, in terms of enforcement, the lender has to supply the terms and conditions at the time and any changes since. I remember a case I lost with Sainsburys. The solicitors only came up with the t&c's at the hearing, but these were described as similar to the original. The judge did not want to hear about non compliance of CPR or section 78, nor the fact that alot of the paperwork was only given to me an hour before the case was due to be heard.
  7. roygoodbeat
    Had a letter back from Shoosmiths. Had sent in two letters. One from the above and CPR part 14. They state: With reference to the above matter and your recent correspondence, we can confirm the following information immediatly. 1) The last payment on this account 2nd June 2009 2) The default notice was sent via 1st class post Other information you have requested is not held by ourselves, therefore we have requested this information from our client. The information is: 1) The agreement 2) Notice of assignment 3) The default notice 4) The termination notice Please note that our client is not obligated to provide this information within the timescale you state. As you have filed an acknowledgement of service you now have until 19 November to file a defence and the grounds for your defence. Blah bal blah.... I gave 7 days for CPR 14 and 14 days for CPR 18. Surely these documents should have been sent with the service of notice as it is mentioned in their particulars of claim? How can I make a defense and get any legal advise if they don't sent it with plenty of time. What do they mean by their client is not obliged. Seems to me they are ignoring the rules.
  8. roygoodbeat
    Thanks. I read somewhere (Maybe getting confused) that some banks claim that after 6 months they can claim the full amount so that the default notice they issue can state the full amount?
  9. roygoodbeat
    1) How many days should it state. Secondly can they claim for the full amount. At the time I accepted their unlawful termination due to this. 2) If I send the s78, what do I do in terms of a holding defence. If that is delayed then I may not have the chance to submit a defence. I had another claim back in 2010. The claimant did not submit everything in time for my defence. The court asked me to submit a defence anyway. Even on the day of the hearing the solicitors finally gave me everything they would be replying on at the hearing. This again was an unenforeable agreement but the judge did not want to seem to want to know this. I lost but was advised that the judge should not have allowed this. Did not have the money to appeal.
  10. roygoodbeat
    have to check on the statements but I did not take PPI. I know that they applied unfair charges. What letter should I write in regards to CPR 18.1. Will they have to still submit a credit agreement and terms with this request as these will need to be used in court if they go ahead with their claim. The Section 78 I did with MBNA only gave me a copy of the application form, no t@C's. Only a copy of MBNA's. Looking at my agreement and default notice, are they valid and enforceable?
  11. roygoodbeat
    Thanks. Based on the info I have provided, can someone advise me where I stand and do I have a chance of defending this?
  12. roygoodbeat
    Original Agreement was taken out in the first half of 2003. I have attached the reservation form and default notice.
  13. roygoodbeat
    I need some urgent advice on this: I took out a Bank of Scotland Credit Card in 2003. I raninto financial difficulties in March 2009. I received this on the 11th October 2012: A Northampton court claim filed by Shoosmiths. Particulars are: 1) The Claimants claim for a sum of £xxxx beingmonies due from the defendant to the claimant under a regulated agreementbetween the defendant and MBNA Europe Bank and assigned to the claimant on20/12/2011, notice of which has been provided to the defendant. 2) The defendant has failed to make payments inaccordance with the terms of the agreement and a default notice has been servedpursuant to the Consumer Credit Act 1974. 3) The claimant claims the sum of £2xxx. 4) C has complied, as far as necessary wi thepre-action conduct practice direction. In May 2009 I made a subject access request and alsorequested a copy of my credit agreement. As far as I am aware I have onlyreceived a reservation form from Bank of Scotland. They have never supplied the T&C’s, no deed ofassignment from Bank of Scotland to MBNA or I don’t recall receiving one fromMBNA to Arrow Global. At the time I enquired on this site and a couple ofcompanies and I was advised it was an invalid agreement and they cannot pursuein the courts. I also received a default for the full amount, as opposed tothe amount outstanding. I have written twice to MBNA accepting the unlawfultermination and accepting what was genuinely due at the time, not including anyunlawful charges. This was ignored by MBNA. Just when I am getting my life back together, this! My partner is suffering from depression. Thisis the last thing we need. Any advice? Can I still fight this?
  14. roygoodbeat
    I have largely ignored MBNA. They not only failed to produce everything on my Subject Access Request, they also filed an invalid default for the full amount. They have since sold this to arrowsmith. I have now received a letter from Shoesmiths threatening court action procedures will start in 14 days. I am a little out of tough, but what is the current situation with 1) 1) Invalid defaults, 2) Invalid Credit Agreements.
  15. roygoodbeat
    I have another update. I have handed in my notice and have worked this out. I am now on my last day. I was told that I would be receiving £990 commission from the last commission run by my supervisor. I was told by accounts that this had gone through. I came in this morning and I have been advised that I would only be receiving 50% of this. According to accounts, they will be unable to do another wage run as they have issued a P45. Where do I stand.
  16. roygoodbeat
    Thanks. I am a little worried as I have experienced bullying with the owner. We had someone leave earlier in the week. She lost her commission, even though she was told she would receive it, plus they have docked some holiday time leave due to sickness. She gave motive until the end of August and now they are not paying until then. They are coming up with a number of reasons why she won't get paid. She is livid as she was experiencing a number of sexual suggestions from the owner, witnessed by all. Another colleague was dismissed two weeks ago. She was off sick. Even had a doctors note. They said she was in probation period and that she was hardly there. Looking at others I know, all the same has happened. Including bullying from the owner.
  17. roygoodbeat
    So if you give them a months notice, they can then rescend this to one weeks garden leave? How about staff sickness. They state that you can have 5 days per year off paid. I assume they can take this poff your holiday time due?
  18. roygoodbeat
    Thanks. Need to sort this asap as I cannot afford to lose out financially!
  19. roygoodbeat
    Need some advice. I am looking to hand in my notice and as I am going to a rival company, I am likely to go on garden leave. Nobody is sure of the notice periods but the company say it is a month, but we have never been given a contract. I have been here almost 6 months and I beleave it is only the statorary week. The concerns I have are: 1) If I give a months notice, if my employer gives me garden leave, can he just give me a weeks pay. (Apparently the employer changes this to suit themselves from other people leaving) 2) Commission due to date. Others who have left have not been paid what is due to them to the day they hand in their notice. The employer says that they do not have to pay commission. 3) Bullying. This is common practice by the owner. He has done this a number of times to me and other employees. Sometimes he will bully those that are leaving, then not pay commission. 4) Holidays booked. I have a weeks holiday booked. Can they rescenf this and make me work to the end of the notice period? Any help would be appreciated as I have to hand in my notice soon.
  20. roygoodbeat
    If it had been sold, where is the deed of assignment and notice that it was being sold. Never have had anything from Varde. It's just them being deceptive again.
  21. roygoodbeat
    Have had a similar letter. Will ignore as I am sure it is yet another tactic by Experto.
  22. roygoodbeat
    Could be their get out but they promised both verbally and on my contract that this is what I would earn. I work for a letting agency sio the commission levels are almost constant. I can understand it being slightly less but not 45% of this figure. Too many employers advertise and promise something and not deliver. I feel that I have been mis lead. We were relying on getting the commission when I joined. As a consequance we are unable to pay the mortgage this month. I was lead to believe it would be monthly in arrears, not 4 and a half months later. I must have some sort of rights in this.
  23. roygoodbeat
    Thankyou. What do I do about commission. I am paid 2 weeks in arrears and 2 weeks in advance and paid on the 15th of Each Month. I am leaving on the 20th. My employer has demanded that I repay my salary for the period from the 21st to the 31st. My holiday entiltement is 20 days. From what I have worked out, I am still due 1 days holiday (Holiday year starts from January). According to my contract, I was told I would get commission which equtaes to about £3000 per annum. Four months up to end of December, this should be £1000. I was only given £450. I should be due the remainder plus commission to cover from 1 jan to 20 jan. Where do I stand in this? As far as I am concerned, I was promised it would be 3k to 4k, I have it on my contract it will be about £3000 pa. I should be due some money, not owe any.
  24. roygoodbeat
    Just need a little advice. I am four and a half months into a job. When I joined, I was advised that I would be receiving commission. They did not provide details of how it was based as they were due to be issued to everyone at the same time. They did tell me verbally it would be £3000 to £4000 per annum extra. Even on my contract they advised that based on current figures it would be £3000. I was then told instead of monthly, it would be quarterly. After chasing this every pay period since, expecting to receive around £1000 for 4 months, it turns out only to be £450. They refuse to give me an explanation. I am on a temporary contract and I wish to give notice. It does not say in my contract notice periods, nor is there a staff handbook on the premises. Where do I stand?
  25. roygoodbeat
    Hi I have now subject access requested them. They have two accounts. The first, orginally BC, they said that the agreement was enclosed, but was not. Same tactic BC used. Secondly did include a list of calls, but the majority of the times they called are missing on their list. The second account, they included a Morgan Stanley Application form but not the agreement. The form they sent does not contain the prescribed terms. The call log here does not include all the text/ calls. What should I do? In dispute letter plus request a copy of my credit agreement which complies with the 1974 act? Also to ask if they have the original copy??

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