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jocko

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Posts posted by jocko

  1. Slightly crossed lines I think.

     

    I received an SD So I informed CQ that I intended to set aside and smack them for costs. They instantly replied with a letter that I had to sign for stating that the SD was nullified. Reason for the registered letter in my opinion was to short circuit any demand I made for costs.

     

    I may be wrong but I was of the opinion that once a SD is issued then the issuer cannot stop you from starting the set aside process by declaring that they do not wish to proceed.

     

    In my case as I know capquest do not have a leg to stand on, they were making sure that they had signed for proof that I knew that they had withdrawn the SD to show to the Judge to negate my request for costs.

     

    SG you are correct, set aside first then costs schedule afterwards but costs filed at court before the date of hearing.

  2. Capquest are sending these out like confetti at the moment. Best bet is to write to them stating that you intend to file for a set aside and supply a schedule of your costs to the court.

     

    You will then get a signed for letter from them stating that they are nullifying the SD.

     

    After that you will start getting phone calls again. When answering these calls if you ask who is calling without identifying yourself they will say that "I am not able to divulge that information". Doing a 1471 will show number withheld. At this point it may be worth reporting the harrassing calls to the police and requesting your telephone provider to track and log all incoming calls at exchange level so a complaint can be made.

  3. From everything I have read here the general opinion is not to ignore a SD but apply to have it set aside within the 18 day window.

     

    When filing for a set aside you should work out a schedule of your costs covering time researching (that includes reading threads here) travel to court etc and submit it to the court before the date of the set aside hearing.

     

    I'm a relative noob at this but must say that the advice on this site is spot on and has saved us a lot of worry. DCAs count on your fear and uncertainty to get you to knuckle under. If you stand up to them they tend to slink off like most bullies when confronted.

  4. Threadjack off.

     

    Received letter a few minutes ago by registered delivery stating that they are nullifying the sd as they were not aware account was in dispute. (yeah right)

     

    Think I have grounds for a complaint to the fos due to them using sd without being in possession of full info but pursuing anyway.

     

    Bet they sent the nullification letter registered to try to short circuit any application for costs.

  5. Posting as a possible assist to yellow not a thread hijack.

     

    grounds for set aside

     

    Account has been in dispute for over a year due to no cca being supplied despite repeated requests to various dcas (£1 fee returned, I have kept the postal order and covering letter)

     

    Barry Davis not contactable (doubt if he will be available) so this is a possible not a definite.

     

    Inappropriate service of sd by post not by process server

  6. Just got the same thing via registered post (similar amount claimed).

     

    Posty tried to deliver it thursday to my missus but as she was away visiting her mum I refused it and requested a redelivery this morning just so the dates are right for a set aside.

     

    Will be phoning Barry Davies tomorrow, wed and thursday to inform him that an application for set aside will be made (I'll let you guys know if I actually manage to speak to the elusive pimpernel).

     

    Will make a point of supplying a schedule of costs to the court incurred while researching this matter (about £300 I reckon).

     

    Reckon we'll pop into Basildon county court Monday and file the set aside forms + swear affadavit.

     

    Any way I can force the elusive mr davies to show up at the hearing? I want to see them squirm.

  7. I was fiddling around with an adjusted template yesterday that might just fit your situation. Got a lot of help tweaking it from the good folks here.

     

    It can be found in this thread.

    http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267794-fiddling-doorstep-template-bit.html

     

     

    Send the cca first, wait 12 + 2 days then the account in dispute then possibly the linked letter if they cannot come up with the paperwork.

     

    edit sorry assumed you had already cca'd and disputed.

  8. If I hear of any of my friends/neighbours getting stressed over this sort of thing I will be offering my services foc to send the parasites packing

     

    Checking my white knight gear----nope got none of that.

     

    Recheck

     

    Armoured black leathers

     

    Heavy boots

     

    Attitude problem

     

    Some knowledge of the law

     

    Nasty sense of humour

     

    Automatically takes side of underdog when it kicks off.

     

    Check

  9. Thanks Elsa that just about dots all the i's and crosses the t's.

     

    I'd note that I would not use violence in any way against a doorstepper. Nasty vicious insults without resorting to bad language seem much more effective in raising blood pressure.

     

    That's one of the techniques I used against the phone trogs. I'd spend 5 minutes politely going hmmm, yes, of course. Then in exactly the same polite tone of voice come out with the grossest comment I could think off.

     

    There would be a moment of unbelieving silence then "WHAT DID YOU SAY"

     

    I'd reply, Sorry did I say that out loud? then put the phone down:D

  10. Couple of very minor adjustments. This is what I'm going to send.

    Anything else that should go in? References to oft etc?

     

     

    xx/xx/xx

     

    Dear Sir/Madam,

     

    Account Ref: xxxx

     

    With reference to your letter of xx/xx/xx

     

    As you will be aware from previous correspondence, I now consider the above account to be in dispute.

     

    I have yet to recieve the requested Consumer Credit Agreement which I requested in my letter of xx/xx/xx, sent by Royal Mail Recorded delivery and signed for/accepted by your staff on xx/xx/xx.

     

    You were obliged to supply this upon request and receipt of the statuatory £1 fee, within the timescale proscribed, which you failed to do.

     

    The fact that you chose to return the postal order uncashed does not release you from your obligations under the law.

     

    Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

     

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

     

    Therefore, please take note that I hereby revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

     

    I require you to cease any and all contact with me while this account is in dispute unless you wish to supply me with a true copy of the original CCA, requested in my letter of xx/xx/xx. Failing this, I will apply an administration charge of £25 for each further item of correspondence with you or your representatives, please note that telephone calls will be considered correspondence and will be recorded and a date/time log kept.

     

    As you seem unable or unwilling to comply with my request for the above mentioned CCA, I require you to cease processing my data and futhermore cease any attempt to contact me either by telephone or by post until a true copy of the requested CCA can be supplied.

     

    All further correspondence will incur the above mentioned £25 fee.

     

     

    Yours faithfully,

     

    PRINTED NAME

  11. Adjusted, bit better I think.

     

    Dear Sir or Madam,

     

    Account Ref xxxx

    As you are well aware from previous correspondence this matter is in dispute. I have yet to recieve the requested consumer credit agreement which you were obligated to supply upon receipt of the statuatory £1 fee. The fact that you chose to return the postal order uncashed does not release you from your obligations under the law.

     

    Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

     

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

    . per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

     

    I require you to cease harrassing me while this dispute is outstanding. An administration charge of £25 will be applicable for each further item of correspondence with yourselves.

     

    As you seem to be unable to comply with my request for the above mentioned cca I require you to cease processing my data and futhermore cease any attempt to contact me either by telephone or by post until a true copy of the requested item can be supplied.

    All further correspondence will incur the above mentioned £25 fee.

  12. Trying for a combination of template 4 and admin charges.

     

    What I have so far, I know what I want to say but it just doesn't scan right suggestions tweaks welcome.

     

    Dear Sir or Madam,

     

    Account Ref xxxx

     

    Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

     

    Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

     

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

    . per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

     

    As you are well aware from previous correspondence this matter is in dispute. I have yet to recieve the requested consumer credit agreement which you were obligated to supply upon receipt of the statuatory £1 fee. The fact that you chose to return the postal order uncashed does not release you from your obligations under the law.

     

    I require you to cease harrassing me while this dispute is outstanding. An administration charge of £25 will be applicable for each further item of correspondence with yourselves

     

    ???????

  13. Sounds like either the backlight or inverter is on its way out. If it's the backlight best option would be another screen as these can be darn near impossible to replace. Inverter is a little circuit board that generally sits in the main body of the laptop under the small panel behind the keyboard. Don't fiddle with it with the power plugged in or the laptop battery attached as it can deliver a lot of voltage (similar to the starter unit in a fluorecent light).

     

    Different laptops have different inverters so you would need the specific one for that model.

     

    Worth checking the connectors to said inverter as they have been known to come slightly loose over time and cause this problem through poor contact caused by wire flex from opening and closing the screen over time.

  14. There are rules that bailiffs have to follow. I would suggest not letting them over the threshhold. Making sure that there is no open window or door that they can enter through as if they manage this it gives them certain rights of re entry.

     

    I'm a newbie here so take anything I say with a pinch of salt.

     

    There appears to be a whole subforum here on what bailiffs can and cannot do. I'll try to link it.

     

    I'm sure one of the big guns will be along soon to help you out. Hang in there.

  15. I will try to post a bit more. Also at a similar stage with allied international though have not heard back from them recently apart from a letter saying the "account" is on hold.

     

    Stupid thing is re the original accident that caused the problems. I explained to my 2 creditors that the other party was insured and had admitted full liability, proved it to them and gave medical reports of my injuries.

     

    Explained that they would be paid in full if they just gave me leeway until the settlement. But oh no they had to go down the greedy stupid dca route. Their loss my gain.

  16. Just keep a heads up as another may appear !!

     

    Will do.

     

    Things I have learned from cag although it's said here time and again.

     

    1 In writing only as a verbal agreement with these people is worth the paper that it is written on.

     

    2 Remain polite but disdainful at all times, it seems to drive them crazy.

     

    3 When the court threat drops onto the doormat reply stating that you would rather accept the impartial judgement of an appointed court official than negotiate with a company that seems to have difficulty proving any alleged debt.

     

    4 Modify and individulise the template letter slightly without removing anything, this shows that you have read and understand the document you are sending and are not a copy/paste chancer.

     

    I have the bemused letter ready to go should another parasite try to latch on.

  17. I'm much more of a reader than a poster.

     

    Been in combat with moorcroft over a credit card debt. I went into default after a nasty motorcycle accident to cut a long story short.

     

    Sent the cca request to which they responded with an illegible application form from the late nineties.

    Sent the account in dispute letter and got a reply basically saying your account will not be closed and it could affect your credit status blah blah blah.

     

    In between were the usual pre school/court maybe, possibly, might threats. The phonecalls stopped due to my being a pain over security procedure, demanding everything in writing and making them jump through every hoop that I could legally.

     

    I'm taking this snotty letter received recently as a victory as there are none of the usual threats. Just petty bad temper.

     

    Thanks Guys you rock.

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