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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. Otherwise the balance was zero and I would owe them nothing. thanks
  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 demand payment and charges. My stance at the moment is that they made the payments voluntary and due to their failure to close account as instructed - so will not repay. Revenge for the £140 they stole from me - totally unreasonable charge. What would be the legal position? the moral position is that I only owe the difference between disputed charge and amount they paid. But it is a bank and morals do not come into it so legally would I have to repay the amount they transferred from the account I already closed so not authorized by me to pay. All replied appreciated.
  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 attempt to screw me and pay half of my outstanding 15 days holiday due. receiving half of what I was expecting. The contract also states that i am entitled to basic pay and an additional car alowance of £500 per month which accrues from day to day and is paid monthly in arrears. Pesume that is where the idea about payment for notice period without working it comes from. thanks in advance
  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 that I would not be working their again and he just wanted to get rid of me. Anyway I was unwell over the weekend and went to the doctor who diagnosed Work Related Stress/Depression and he advised that I should find another job as it was not a very good company to work for. He signed me off for a period of 6 weeks in total. The personnel manager after 3 weeks off sent me a letter demanding access to my medical records and continued to write demanding a decision on access to my medical records in seven days else they would have to make decisions in my abscence. During that time I found out that they advertised my job under a different job title via a recruitment agency on a temp 2 month period. With the poor manager, statements and advertisement of my job I decided to resign with immediate effect and not return. Once my sick note ran out I wrote stating that I resign and would not return, because they advertised my job and would not be welcome back given the statement written by one person. I then received a phone call from the personel manager stating that I was required to work my notice period, stating no post was advertised and letter stating that I was suspended with no pay. Remember this is after my letter of resignation and stating to the personnel manager that I would not return. The personnel manager stated that the serious misconduct alleged is not the same as gross misconduct and would not lead to summary dismissal. I even started to think that they did not want to lose me. But my thinking process was they started it once what was to stop them trying it again in a few months so get out as advised by doctor. Could anybody confirm that their is no way they can withhold my outstanding holiday entitlement payment and somebody believes that I am still entitled to 4 weeks notice period payment even though I did not work it. Any ideas on holiday and pay and any ideas what they are trying to achieve except make things difficult and prove they are not a professional organization. Thoughts appreciated?
  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 written counter summary judgement application would be the best way to go pointing out how bad their paperwork is. Remember no agreement or agreement containing all prescribed conditions they may bluster but the judge cannot make it enforceable that is Ultra Vires. A District Judge cannot bring back hanging! They cannot do what they like - they must themselves work within the law. Case law is on your side. If you are based in cheshire get the case thrown out as CCA cases in that county are on hold following further high court hearings. Charging orders mean that if you do not keep up the amount set by the court the house could be forceably sold. They will say that they just want security on debt which I would not believe - they sell them onto third parties. (Very unlikely do not worry) The court will not look kindly on forced sale applications were payments are up - to - date. Upload your credit agreement for checking. If they have not sent you a copy under CPR they must send you a copy of the agreement give them 7 days. Template letters on site. Also point out that any documents that they rely upon in court must be produced 7 days before hearing. Just read and read the site and learn as much as possible. People beat the b*stards and just remember solicitors have less ethics than prostitutes. Also point out that Restons cannot apply 8% interest to the case and cannot apply interest to a charging order under law. Strictly Vorbotten by the consumer credit act overriding the later civil court legislation. Also be aware that the solicitors at court do not like it up them - itimadition in the court waiting area is allowed. http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html Case Won keep life going dont let them ruin your life - work on getting that new job - and do not let restons ruin your relationships. As you are unemployed try a free course at a local college to spend time out of the house and give your mind something else to work upon. Also get somebody to go to court with you on the day.
  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. Restons rely on most people not being able to afford legal representation. Apply for a summary judgement application now cost £75 stating that no valid CCA is available compliant with the CCA 1974 and state why it is invalid because of missing prescribed conditions. Plenty of examples on forum. But remember it is their case and they must prove everything. Do not fall for the usual sh*t about we had a agreement which may of looked like this. If the prescribed conditions are not on the agreement a judge cannot enforce the agreement by law point out the prescribed conditions and case law. Restons will attempt to bully you with letters. But just stop paying them - why should you pay for their legal action. Remember the civil court is not about who is right but who can lie the best in front of the judge. Restons so called solicitors will attempt any lies as long as the judge falls for it which unfortunately most do because they have no understanding of the CCA 74 and associated regs. Forget any negotiation with restons this case is due to MBNAs inability to do business properly - it is not your fault you have attempting to act responsibility - silly you!! - is what Restons think. Fight them all the way and do not make it easy for them and counter every action with a counter claim PPI/ charges anything.
  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 the burden of proof is on them and a judge should be ashamhed of himself that he feel for Restons usual tactics. Judges do not know the issues and really do not care. I would recommend that any defence to restons states that I refuse to plead because I have no knowledge of them and at the same time point out to the court that they have refused to present a valid CCA and cannot confirm it was signed by me. The grape about the 7 days and receiving own copy is a load of rubbish. Remember solicitors have less ethics than a prostitute. They lie in court and twist everything to their clients advantage unfortunately judges just swallow it because they have another 20 cases to hear on that day and usually know less about the law than you. So the old professional network kicks in.
  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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