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thunderstorm80

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About thunderstorm80

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  1. It is hard to find a specialist solicitor to help you on these matters. I was with a well knwon CMC who did not do anything even though the agreements are very obviously unenforceable. The solicitor they sent me to knew very little about consumer credit. They are currently denying not doing anything with my cases and the only reason I am letting them is because I am preparing two long complaints to regulatory authorities and I do not want them in my feet while I do that. This is the only place where people can turn to for help. At the moment this is very much a DIY thing.
  2. Ok got ya, No part 8 cause it would open the way for huge costs. So should he tick on the box "Under statutory provisions" and write "s.127(3) of the Consumer Credit Act 1974" then? Would that keep it to small claims? I think we need a step by step guide for injunctions in the forum.
  3. From what I have been reading, the bank have made the mistake of filing a wrong credit agreement and have admitted that this what they have, i.e. have admitted that they do not hold the correct credit agreement. This is what I would consider doing. I am not legally trained. I would send them a detailed claim letter explaining why and asking them to recognise that under these circumstances, they will be unable to enforce this agreement and ask them to 1)stop requesting repayments 2)not pass the account to third parties and 3)stop passing information about this account to CRA's. You need to
  4. This is the OFT document (OFT1002) that you could not find Conumer Credit Act 1974: Post contract information requirements Subbing with interest. oft1002.pdf
  5. s.127(3) of CCA 1974: without a document containing the prescribed terms and your signature, the court cannot order enforcement. How will they enforce without such an agreement/document? Eventually ,after threatening and passing to DCA's etc (and perhaps taking it to court, which you can defend) they would have to write it off for tax relief. If you have financial problems you will most probably get defaulted if you go on a reduced payment plan. Since they will default you anyway, why would you pay them the little money that you have for a non existent credit agreement? I wou
  6. I have had a bad experience with a big CMC. When I was looking to do this, all CMC's promised a lot. Some were asking for a lot of money upfront and after. I also found 3 legal firms that promised to do it. I heard that two of them were not proceeding with their cases after the case management conference in Chester County Court. This is a tricky one. I suggest you do a lot of research on the internet. Ask them about success court cases they had and ask for their contracts to read. Apparently there are some decent places, but in my own personal experience I would avo
  7. I have had a credit card for years. The bank never provided info about the account to any CRA. This is what got me suspicious ang got digging for the CCA. The bank admitted not having one. I remember applying for a current account in the branch. Towards the end of the form there was a tick box of whether I wanted the full package which included a credit card. I did not tick it, but when I got home I got a phonecall from the branch staff who offered to tick it for me so I could get the full package. I suppose they have targets to sell so much every month. I said yes. I am pretty sure there were
  8. Maatja 32 you have sent me a rude private message out of the clear blue sky. You are cyber-bullying me just because you do not like what I say. Keep your personal opinions about individuals to yourself!
  9. Don't be rude and offensive to me. Also stop sending me rude private messages just because you do not like what I say. Ratio money did nothing for me. They merely collected the upfront fee and messed me about for months on end. I do not care how long they stay around. It simply does not do as it says on the tin! Just as long they stay away from me and return my fee back. If you say you are that good, prove it with your work and leave consumer forums where everyday people get honest advice when messed about by banks, CMC's, solicitors, utility companies, government etc etc etc. alon
  10. Thanks for sharing this unacceptable behaviour with HSBC. I am in a similar situation with them, they admitted they do not hold the original credit agreement. This seems to be happening a lot with HSBC (and most probably for a reason, I seem to remember the application form had no terms). So they are making the agreements disappear it would seem. I also had a current account too with zero balance and no overdraft. Having read your post, I popped in the local brach first thing in the morning and closed the current account so they do not do the same to me. I am banking with another "th
  11. The bank has the write to off set with cleared funds. They forced you to get an unauthorised overdraft. When we claim back charges for bounced cheques, the banks claim that we issued the cheques ourselves and made informal requests for an overdraft. Sometimes they authorise the payments and sometimes they reject them even if the amounts are very small. In all cases though they charge a fee of £20-38 for the service of considering the informal overdraft request. In your case you did not give instruction or made an indirect request for payment from your current account by cheque, dire
  12. Did the account have an overdraft facility in place or did they force the account to become overdrawn without authorisation?
  13. I have been a customer of Ratio Money for a long time. This is how they treated me: -Copies of CCA Agreements: They serve banks with s77/78 requests and as a result, in most cases, they get back copies of leaflets. -Original CCA Agreements: they never pursue to obtain original signed credit agreements. Without them you cannot be sure whether you have a case or not! -Auditing of CCA Agreements: they sent the agreements (even copies of leaflets) to a legal firm in the north (I cannot discose their name) who complile a report. They say the audit is done manually. When auditing the
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