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  1. Just a quick update, Looks like they have thrown in the towel. I had a letter from court with one line: This case has been discontinued/written off. I will confirm this as I have had no copy of notice of discontinuation (no shock there) Thanks to all who offered advice
  2. Hi Guys, Can someone tell me if I can claim this agreement does not contain all the Prescribed Terms?
  3. Hello and thanks for reading. I have received a claim form from Bryan Carter for an old debt that is at least 11 years old. I have not made a payment or acknowledged this debt since 2002. About 6 months ago I sent the 'prove it' letter. a nd the sent me a huge print out that showed no payments ever made since 2002. They also sent the original agreement with Capital One. I then sent the SB letter and heard nothing else for a few months but the standard threat-o-gram letters started again last month which I just filed in the log burner. Now today I have received A County Court claim for 1693.94. Not bad for an original debt of just over £200 I really need some help here, how should I respond?
  4. Hi Caggers, I need some advice on statement of educational needs. Can I change the named school in my child's statement or will I need to ask for him to be re-assessed? It has been 9 months since his last review and 4 years since I actually named a school in his statement.
  5. I hope the rattler is going to bite a ruddy big rat! This is an incredibly horrific story. The only way to teach em is hit them in the pocket, the only thing they understand. Please don't give up. At least one of the guests was me sorry. I didn't realise I wasn't logged in
  6. I will certainly not be using these cowboys again. Interesting point is as soon as I threatened to go to ombudsman they folded like a house of cards
  7. Mmm Not really sure what you are saying here. Delivery is next day as standard-there is no other choice. Ok the full story is I ordered a shirt it said next day delivery guaranteed. After 3 days I cancelled the order under the distance selling regulations as they had not yet dispatched it. so not only did they ignore my written request to cancel they then dispatched the item 2 days later, in total 5 days after it was ordered. Now it may seem trivial but why should I be done over by a big company just because they can't be bothered to comply with the law
  8. yep I know about the return postage. My issue is there is a charge on the account saying 'next day delivery' I think this should be refunded as I cancelled under the DSR
  9. Hi Caggers, Just a quick question. Can a mail order company ignore the provision of The Consumer Protection (Distance Selling) Regulations 2000 just because they have hidden in their T & C's that they can? I thought the right to a refund including delivery charges for goods was absolute
  10. Thanks for the replies, SB it is then. @dx100uk, I would love to reclaim the PPI and hit them about illegal charges but I er kind of had a BBQ with the paperwork Can you guys have a look over the following draft and make sure everything is ok? Dear Lowlife Acc/Ref No I do not acknowledge any debt with your Company You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully
  11. Hi Caggers, I could really use some advice please. This is a bit long winded but I don't want to leave anything out. I had a capital One CC back in 2001 with a balance of £250 outstanding. My newborn son was in Hospital for a few months and during this time I was obviously spending all my time in the hospital and not working. I tried to claim on the PPI insurance that I had with them and they told me that I wasn't covered so in a rage I told them to stick their card and sue me if they thought they were going to get another penny out of me. they defaulted me and added loads of charges (as they do). A few months later I decided that I had better try to sort it all out and contacted them and agreed monthly repayments. I made 1 payment of the agreed amount (£10) and the next month they took double the amount from my bank so I cancelled it. They were still adding monthly charges of more than I was paying s o I would have never paid it off. so I just stopped talking to them and burned all the paperwork I had. I realise how stupid that was now but I was pretty depressed at the time with a 6 month old baby in hospital in heart failure, no money and those snakes taking my petrol money so I couldn't travel to the hospital. Just to be clear this all happened between June 2001 and March 2002. I haven't spoken or written to them since and the debt has done the rounds through different DCA's until it's ended up with Lowlife with an outstanding balance of £1001.80 After finding this wonderful site I have slowly begun to build up the courage to deal with this. on the 5th December I had a pretty standard threat o gram from Hamptons Legal on behalf of Lowell which I decided to reply to with the bog standard prove it letter. Shockingly (ok it isnt a shock) Lowlife have ignored my prove it letter and sent another threat o gram saying they will be sent to Fredrickson blah blah. should I send another prove it letter or go for the SB letter? I am positive I never had a letter of assignment from lowlife or capital none Isn't that supposed to be hand delivered or sent registered? Also I am pretty sure they have nothing to back up their claim as they offered me 85% discount last year.
  12. So I guess they are going to crawl back under their rock. Congrats on winning this round Brad Easy as 3.14159265358979323846
  13. LOL The thought crossed my mind, I told them I did not accept their verbal assurances and that I required it in writing. So I will wait and see if mr postman brings me the promised letter or if I am gonna need to make some complaints about this shower
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