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deckermbnahater

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About deckermbnahater

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  1. Hi I have written, phoned and visited branch with no success, except it was with their complaints department. So made complaint to FOS and thinking about court for breaking S.10 Data Protection, Human Rights Act especially with letter stating that I could not afford basics (food) and had to borrow money from parents due to their action and breaking banking code. Many letters and emails with no response. Any ideas of how I would word case via moneyclaim as they have but a bad mark on credit record for charges they created and two weeks after notification of account closure.
  2. Hi All I have a basic bank account with YB Last month they charged me £140 for missing Direct Debits as usual they charged me £35 for not paying the money and then as pay was entered into the account found they left me short for the rest of the month and the response was tough!! So I wrote visited and faxed saying that I wanted to account closed. The bank failed to close the account and payments were made from the account because the standing orders were not cancelled by the bank and they failed to close the account as instructed although having two weeks to do so. They will dem
  3. Hi If you are in receipt of income support you can go and see a solicitor and receive legal aid. Do not write letters to anybody let a solicitor do it for you. If you can prove that you are entitiled to benefit, and payment was made to council letters etc and prove that you have tried your best to resolve matter just go to court and explain to the judge and make a counter claim for expenses etc.
  4. Hi Have a contract that states that upon termination of contract i am entitled to be paid in lieu of accrued of untaken holiday save that they dismiss you or do not give 1 months written notice prior to termination.- I left with immediate effect. Then because I did not give the one months notice it is possible that wil refer to the Working Time regulations 1998. For these purposes any paid holiday is deemed to be statutory paid holiday. The amount of the payment in lieu shall be calculated on the basis of paid holiday is equal to 1/260 of basic salary.. Presume that they will
  5. Hi All Will attempt to keep it short, but employed by company for just under two years. A few weeks ago one friday I received a letter by email inviting me to a disciplinary hearing with only 48 hours notice. the allegations were a joke that I could of mostly rip apart with no problem. Anyway my manager was hopeless and he sent me the letter having not spoken to me for weeks previously. I did something silly and asked for statements regarding the allegations one of which was sent by the Personnel Manager and was very unpleasant. I showed the letter and statement to a friend and he said th
  6. Done the letters etc got nowehere they are not interested. I have evidence to confirm payment, dates etc but they still issued default notice with no explanation offerred.
  7. Have sent letters with no response and phone calls with no adequate explanation. I was sent a default notice after the last payment was made over the phone to fully pay the account month 11 of 12 when I knew that I would not renew. The FSA have a very long wait over 10 months in which time they could of done anything so small claims court seems the logical next option to ensure they do not progress further.
  8. Hi All Had AA Home Insurance and they have issued a default notice after the policy was fully paid off via credit agreement and insurance not renewed with them. They have refused to confirm that no further action will be taken and will not confirm that no money is owing. Can I make a small claim to ensure that AA take no further action and if so what legal arguments could I make. Thanks everyone.
  9. I received a similar reponse to my request. It seems that most of Halifax/BOS agreements may be unenforceable in that they do not contain the 4 prescribed conditions in the same form. Also had a laugh when mine referred to Scottish law but I did not get a reponse from my threatagram telling the idiots the error of their ways.
  10. If you not made any payments to the account for the last 6 years it is barred and cohen know it is barred and they are using court action to itimidate you into making a payment - Pay Nothing - do not write or phone them. - Also make sure other party to agreement has made no payments and has no correspondence with them. Write back to the court stating that you will not plead as the account is statuary barred. But if you have sent paperwork back admitting debt seek legal advice ASAP. Could not be too late especially important not to make payment though.
  11. If no mortgage on property put the house in partner/wife name means restons cannot touch it unless the account was in a joint name. I would apply for a summary judgement which since you are unemployed your court fees should be waived, ask the court for further detail. Just spend alot of time reading the forum and be aware of the distinction between prescribed conditions - no or not all prescribed conditions in CCA no case to answer Just get your summary application into court to counter restons summary judgement application. You will also need to educate judge in CCA. A well wr
  12. Hi Restons and Mbna follow the same model. They apply for a CCJ and do not want to have a trial so apply for summary judgement. If you do not or have a property go for a IVA and that will stop further action. See if a DMP or IVA is cheaper in the long run the CCCS could advise. If you have a property restons will attempt a charging order application. They do the same all the time and do not care if they have a valid credit agreement or not. Most of MBNA CCA are invalid but that does not stop them. If you can afford a solicitor at the moment all well and good. Reston
  13. Hi You may of run out of time for an appeal but if the agreement is totally unenforceable and cannot be enforced by a court because the judge would be acting ultra vires outside his powers set out by the CCA 1974 you can make a miscarriage of justice application to your local court cost will be 150. Take it further it will not cost you that much more than the charges that Restons have applied. If you get a solicitor it will cost approximately one thousand extra. Restons rely on people rolling over, not having the knowledge to fight back. Remember it is restons case and th
  14. Before Restons start action and they will - apply for a time order. It will cost some money and the net has template orders you can use.
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