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WHYBAML

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Everything posted by WHYBAML

  1. He's ex army not a lawyer DX :grin: You have been invaluable thank you
  2. Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 state 14 days after service for a Default notice and 7 days for a termination notice. Am I being incredibly thick here? (I do have my moments) My friend wont let me post any details as he believes it might compromise his case. He's a great guy but a little paranoid at times. He is also of the opinion that if lawyers are using their professional skills to attack him then he is morally free to use his professional skills to defend himself . As far as SB goes DCA tried to serve paper but he was out of the county (honing his lawyer suppressing skills;))
  3. I am currently trying to help an old army buddy who's in a bad way atm. The default notice relates to 2003. Does the 14 days notice to remedy a breach still count pre 2006?
  4. Unable to scan at the moment sorry. The default notice is dated 13 October, contains agreement no, Provision breached, nature of breach and states action required to remedy breach is payment of £159 by 23 October. Stated arrears £159 actual arrears £109 Total amount paid to date is also wrong by the same £50 going off the account statement. The Termination Notice is dated 21st November with contractual arrears £289 default interest due £12.79 Other Fees (including £200 termination fee) £345 Total Arrears £646.85 Thanks for the help
  5. Hi guys I have a quick question. If the amount stated in a default notice is incorrect and showing greater arrears than actually exists (£50 more) does that invalidate the default notice and subsequent termination notice? Also does a £15 charge for each letter represent an unfair charge? Any help greatly appreciated
  6. Sadly the courts like incompetence, keeps their pockets lined with gold
  7. Further study of the account statement shows that the £15 letter charge for both the default notice and termination notice have been added to the account before the default notice was sent and form part of the arrears
  8. Hi guys I have a quick question. If the amount stated in a default notice is incorrect and showing greater arrears than actually exists (£50 more) does that invalidate the default notice and subsequent termination notice? Also does a £15 charge for each letter represent an unfair charge? Thanks in advance Ooops nearly forgot to mention that this may end up in a Summary Cause action which is why I'm posting here.
  9. Thanks so much Simon. I had similar results but not the confidence to confront them with the figures :grin:
  10. Hi last year I won my appeal to have my war pension assessment raised from 15-19% to 30%. Veterans agency have calculated that they will start paying me in November this year. This is because I had a gratuity payment of £8337 on 05/05/06 £3217.66 is disregarded leaving £5119.34 which is regarded as payment in advance from 05/05/06 to 04/04/12. My appeal meant that I was entitled to a weekly pension of £45 from 28/08/08 but I won't receive it until the £5119.34 is used up Maths isn't my strong point but I have run the numbers several times and I keep getting a similar answer and that the payments should have started already. Speaking to the VA on the phone I get told that its impossible for them to be wrong as all calculations are done by computer and double checked. They have told me I can put my calculations in writing and they will look at them but I don't have the right to appeal their decision. Could someone with a maths brain please look at this? Thanks in advance.
  11. Thanks for the clarification spamheed Should be clear later this year.
  12. Thanks guys I live in Scotland which is why I posted on the other forum, all debts are over 5 years old since last payment/acknowledgement which makes them SB under Scottish law but I'm sure I read somewhere that as the debt still exists then defaults can still be recorded even though no recovery action is possible.
  13. Hi all After many years of burying my head in the sand I have finally got round to sorting out my life. When it all fell apart in 2003/4 I had a number of loans, CC's etc and I had taken out PPI on them all. When I lost my job they all refused to pay out so in revenge I stuck 2 fingers up at the lot of them and went to the pub where I stayed until last year when I thought it might be nice to see what's happening in the real world. All my creditors have given up trying to contact me and everything is statute barred now but I notice 1 DCA is making regular default entry's on my credit file. My question is can I request the credit agreement without making the debt live again? The reason I ask is because if the debt belongs to a loan company, who's name is a type of mat you might wish to wipe your feet or other body parts on , I am resonantly certain they will be unable to produce a valid agreement however if the debt belongs to a CC company then I could be making trouble for my self. Any advice would be greatly appreciated.
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