Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

andymr

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    59

  • Joined

  • Last visited

 Content Type 

Everything posted by andymr

  1. andymr
    Hi Thanks for your reply here is the CCA you can read in places and not others. you have make some quesses. I've just a pdf copy of the CCA. Its all pixelated. BR Andrew CCA-Restons-NEW.pdf
  2. andymr
    On the3rd of March 2018 I received from Cabot the CCA which was illegible and I told Restons that it could not be read clearly without some guesswork. They informed me that was legible when I signed it! Now I have received the attached letter of an offer to pay half with various term and condition and a deadline of the 23rd August 2018. What should I reply them? Surely if the CCA can't be read their case must fail in court. The court action was put on hold at the request of Restons but looks they want to press ahead with the court claim. reston-offer.pdf
  3. andymr
    Good
  4. andymr
    No. They sell your data back to you by offering to help you manage your data file with them for monthly fee. You can use thgis route but you must cancel before the end of the month or they will charge your card. My understanding is that before GDPR you only had to send a request with a £1 to get your file, but now you should be able to make the request under GDPR and it should for free.
  5. andymr
    Under GDRR they shoulhn't charge...but!
  6. andymr
    I thought probably wrongly that I owned my data? Not some multi national corporation. I once asked a CRA to correct an error on my credit record to which they replied to me to prove the error. This related to a Radio Rentals agreement in Northern Ireland. I have never and still haven't ever been to Northern Ireland. Just there unwillingness to correct an obvious error finished me with CRA's. Anyway that's a long time ago. I'm more interested in how GDPR pans out. Maybe is some hope for the man in the street.
  7. andymr
    I don't want them to share my personal data. Why should they make a business and make money from my personal data?
  8. andymr
    Is it possible to withdraw your consent to have your data shared with Tom, Dick and Harry?
  9. andymr
    Is it just me, I feel very uneasy knowing what kind of information a CRA can hold about me or anyone? What right do they have to create a dossier about anyone? If its in the small print of some credit application form I signed I was never made aware of it. GDPR has made me aware of how big companies seem to be able to do what they want with my data.
  10. andymr
    Is there a template letter for GDPR request? What if my data is being processed in India or somewhere similar, outside the EU can I object?
  11. andymr
    I have received the CCA from Reston's and its quite pixelated and is not clear to read. I wrote back to Reston's but they insist that it is fit for purpose. Please see attached letter and copy of the CCA. My understanding is that it has to easy to read. Could some advise me what I should do next or what I write back to Reston's. Best regards:!: Andrew
  12. andymr
    She did tell the DVLA that the car had been sold after she received the letter about the offence. She did not have the buyers details. The car had been sold by her son who had been using the car. Her problems are down to not understanding the letters. She should involved me earlier as I a native British person. Thank you very much for taking the time to reply to me.
  13. andymr
    A friend of mine had a visit from Marston's Enforcement person and was force to pay £650 on the spot. My friend is foreign and doesn't have a lot of English. (The reason for the fine is long story about not understanding how things work in the UK. She didn't commit the offence but was down as the registered keeper of the vehicle.) 1) He showed his badge and pushed his way into her flat while she was looking at it. 2) He threatened to take away the landlord's goods. He said he needed receipts to prove ownership of the goods if they belonged to the landlord. 3) Unaccompanied female being confronted by strange man in her home. 4) He said he had a warrant but did not show her the warrant. 5) She called my wife for advice (they speak the same language) and told me. I then spoke myself with Enforcement person to see what was going on. He told me that he wanted £650 or he would take away the goods. I asked if he would accept part payment he refused saying he had to collect the full amount. I ask if he could put distraint on the goods while she sorted things out again he refused. 6) He said he was recording his visit. Is that legal and can we get a copy? 7) She eventually managed to pay him and was given a Marston’s receipt which only had the Marston’s reference number but no details of the debt/fine. He failed to put his name and details on the space provided on the receipt. 8) He did not leave a copy of the warrant which he said he was acting under. 9) There was no prior warning of his visit. 10) I asked him if was allowed to push his way into her flat seeing that she is a female by herself. He said. “It’s not as though she is some fifteen year old”. I’m all for upholding the law but outright bullying techniques must not be allowed surely. When I asked him about this he replied “I know my job.” Bullies
  14. andymr
    Hi Guys, could someone check out the following Defence I've cut and pasted. Best regards Andy ###### Defence ###### 1. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 request, copies of the documents referred to within the Claimants particulars to establish what the claim is for. To date the Claimant has failed to comply to my section 77/78 request and their solicitors, Restons, have stated in relation to my 31:14 request that they are under no obligation to disclose any documentation on which the claim is based. 2. .It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14/Section 78. 3. I am unaware of any legal assignment or Notice of Assignment. 4. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82a of the Consumer Credit Act 1974. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  15. andymr
    Doyou think this one would work OK ###### Defence ###### 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14/Section 78. 2. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under* statute or equity to issue a claim; 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if the Claimant is an assignee of a debt,it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82a of the Consumer Credit Act 1974. 5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  16. andymr
    Hi Guys did anyone have any more advice for my defence? Best regards Andy
  17. andymr
    OK but I couldn't see how to file my defence using MCOL. Yes I will have internet access while I'm away, but no printers or scanners.
  18. andymr
    yes
  19. andymr
    I tried to do it online but I could see how to do it. I did the acknowledement of service online. Really big thanks to everybody for their help.
  20. andymr
    Here a copy of the my defence. Yes payments have made in the last six years I send it in the post today as I'm going be away next week.
  21. andymr
    I've posted a defence today to the court. The basis of my defence is that I cannot obtain requested documents.
  22. andymr
    Name of the Claimant ? Cabot Date of issue – 15.01.18 Acknowledged through MCOL 30.01.18. Posted defence 09.02.18 What is the claim for – Credit Card Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? None to my knowledge. What is the value of the claim? £3306.02 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchased by Cabot Were you aware the account had been assigned – did you receive a No Ntice of Assignment? I don't remember seeing anything about it. Did you receive a Default Notice from the original creditor? I must have I suppose I don't remember, Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No aware of any. Why did you cease payments? I can't remember must be two or three years ago What was the date of your last payment? I don't know Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I wrote to all creditors to tell I was considering some kind of debt management What you need to do now. Answer the questions above I sent CCA request on the 31.01.18 Send a CPR31.14 request Restons replied today to say they can't comply with my requst SEE ATTACHED LETTER AT THE BEGINNING OF MY THREAD
  23. andymr
    I've had a MoneyClain from the Northampton BC, Sainsbury's Credit Card/ Cabot - Restons Solicitors). I have acknowledged receipt through MCOL online and I'm filing a defence today. I sent a CPR 31.14 asking for the documents mentioned in the Particulars of Claim. I have this morning received a letter from Restons stating the reasons for not sending me the required documents. I did try to speak with Restons when I first got the claim but their position was pay up now in full or else. Pretty unhelpful and somewhat Cavalier. I must send my defence today but haven't got any documents from the Claimant.
  24. andymr
    Is it ever a good idea to join one of these monthly credit score companies? Are you just confirming your personal details with them by applying.
  25. andymr
    I'm want to clear my debt from Robinson Way (ex BarclayCard debt). They are willing to take an offer but they tell me that this would show on my credit record as partially satisfied and would still remain on credit record for 6 years. OR if I pay the outstanding balance in full then it would show a satisfied debt on my credit record and would be not there for the next 6 years. Is this true?

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...