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  1. maroondevo52 TY for your time, I will send off the "prove it" letter to at least two seperate addresses, I will of course send these recorded delivery. Thanking you for your time. Will updating. Liam.
  2. Ok ty, I just wasnt sure if, as I am in Scotland the relevent acts/wordings were valid. I was googling LOWELL and seperate from this site can see they see to be, as far as im concerned "[problem]mers" I also came across this template: To Whom It May Concern: Your Reference: xxxx I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter. I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER: 1.True copy of original credit agreement 2.Statement of account 3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE ) 4.Fair Processing Notice. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment. As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:- We may give information to the Credit Reference Agencies about personal debts you owe us if: ·The Amount Owed is Not in Dispute. ·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003 Deceptive and/or Unfair Methods- 2.8 Examples of unfair practices are as follows:- k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt. If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading. Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department. I look forward to hearing from you within the statutory time limit. Yours faithfully
  3. Ok, Ive had this Creditexpert thing for over 6 months now, there was one Default on my credit account from TESSERA, it says its from a bank but I have no idea what it is? i just kinda assumed it was something I had messed up! I had a default pop up about a month ago on my credit account from WEB HALESOWEN (think thats how its spelt), I called creditexpert to say I defo do not know what this was, they dealt with WEB HALESOWEN and it turned out someone from my previous address from about 5-6 years ago had applied to one of these PARK.TV cataloges in my name and run up a bill, I must admit creditexpert fowarded my info, such as when I got a mortgage, thus moving from my previous address, being registered on electoral roll for 3 years plus at my current address to WEB HALESOWEN and they were happy I had been the victim of ID theft and removed default. In addition to the above TESSERA thing I keep getting letters from LOWELL PORTFOLIO and again this name means nothing to me so I am going to start dealing with all these people to confirm they are genuine debts which THEY can prove belong to me. Any help would be very much appreciated. Liam.
  4. Hi, not been around this site for a few years now, a whole lot of changes!!! lol Im looking for template letters that can be issued to debt collection agencys in Scotland and/or advice, can anyone point me in that direction. My apologies in advance, I had a look about but did not find what I was looking for? Liam.
  5. Hi folks, hope someone can give me some advice here. Around January I recieved bank charges back from LTSB after months of letters and court appearances. Today in the post I have recieved a citation (ordinary cause as in Scotland) for a sofa which I got on a credit agreement which was regulated under the CCA 1974. This agreement was taken out on 27 April 2004 and I fell into arrears, then I stopped working and to be honest just ignored the debt altogether. The only letter attached to the summons is dated 10 march 2006. Now I understand this money is owed and should really be paid however Im of the opinion that this is a retalitory action for the bank charges and wonder if there is any way to make this as awkward as possible for BH/LTSB. Sorry I havent been more informative but I cannot get my head round the Ordinary action citation so if you need any further info please ask. Cheers peeps. Liam
  6. Thanks guys, well the claim was settled with no conditions attached and have not heard a peep from LTSB at all. Im now working on my father in laws case for him, I have court tomorrow for him, just the prelim hearing so im getting a bundle together and getting all documentation prepared. I wonder if anyone can help with this. He is pursuing the CB and they have sent him a settlement offer of charges + £39 costs + interest from the date they were served the summons, I have rejected this offer as on the summons I stated interest should be paid "from date of service of each individual charge" at the courts discresion, of course. Would the sheriff allow me to request this as I intend showing the court the charges are unlawful and therefore, like in England interest should be calculated from the date they were added to the account. Cheers. P.s - I went to the sheriff court today with the pursuer to hand in a letter to say I will be speaking on his behalf and explained to the girl about the offer, she just said that It would be ok to request as the case will be calling tomorrow and I should explain then.
  7. Hey folks, sorry ive not posted for a while. Just after the case ending had a bit of bad news and had to go visit family in Ireland and just been really busy since I got back. Ok so my last posting was 25/1/07 the day before the court appearance, on the day of court got up around 9ish and checked the online banking and still no monies present. So I got myself ready for court and got all my documents together and double checked I had everything again lol. I was due to appear in court at 11am (If my memory serves my correct) so just before I was leaving the house at around 10.15 am I checked the online banking again and the monies had appeared. Still attended court and advised sheriff settlement had been reached, funds had been recieved and case could now be disposed of, which he duly done. Again I wish to thank everyone for all their support and suggestions and I wish everyone all the best with ongoing claims. Regards o0oLiamBeeo0o
  8. As yet no monies have reached my bank account, so I called the court to see how I should proceed, to my astonishment they let me know they have recieved a letter from LTSB's agent stating settlement has been reached and the proof hearing for tomorrow morning will not go ahead. I explained to deput yes terms have been reached but I am still waiting for payout so she advised to turn up and ask sheriff to continue the case for two weeks. I then called LTSB's agent and spoke to Dorothy Hatfield (their lawyer) and explained that I will be at court tomorrow and so should they as this case will not be disposed of until I have recieved the monies. the cheek Liam.
  9. Good on you Stevo, you know the outcome already. Ive already stared chasing the CB for my father in law, sent letters and have raised summary cause with Glasgow sheriff court, he has a prelim hearing date of 14 Feb 2007. Glad to you you aint finished yet. Liam.
  10. Well spotted Tanz, it was to late for the email as I had sent that already however when I was signing the letter I did notice so managed to correct that before sending. Ok I have recieved the following two emails from LTSB's agent: Dear Mr Bee Thank you for your letter of 23 January and I note that settlement terms have been agreed. My clients are arranging today to transfer into your account the following:- £1101 with interest at 8 % per annum from the dates the charges were debited to 22 January 2007 expenses of £180.41 an additional payment of £50 It is likely to take several days for the funds to reach your account and therefore I would suggest that the hearing on 26 January is continued for 2 weeks to allow settlement to be implemented. If you are satisfied that the funds have reached your account before the case calls on Friday, the action can be disposed of then. My clients will be seeking Absolvitor, with no expenses (as they have already agreed and arranged to pay these). Yours sincerely Dorothy Hatfield Partner and half an hour later I recieved this: Dear Mr Bee Further to my earlier email today, my clients have confirmed that they have arranged a transfer to your account numbered sortcode acc/number of £1,461.84. This sum is made up in accordance with the settlement terms as previously detailed with interest calculated in the sum of £130.43. Yours sincerely Dorothy Hatfield Partner So I am now just waiting for the monies to hit my account and I can then dispose of case, if not need to speak to court tomorrow Re: a continuation. Liam.
  11. Ok I have had enough, this will be emailed and posted to Lloyds agent in the morning: Liam Bee V. Lloyds TSB Scotland PLC Case Reference: SC351/06 Dear Ms D Hatfield, Thank you for your correspondence of the 22 January 2007. Having considered your clients position and also your revised offer I can confirm I am now willing to accept your clients settlement offer. Before any monies are debited to my bank account please confirm interest will be calculated up until 22 January 2007, as this I consider to be the date of settlement. When verified the correct monies have reached my bank account I will inform Paisley Sheriff Court settlement has been reached and the above mentioned proof diet, scheduled for 26 January 2007 at 11.00am is no longer required. Thank you for your co-operation in this matter. Yours sincerely, Mr Liam Bee.
  12. Hi elsinore, that is exactly what she is pointing at, in Scotland the action above the summary cause(the action I have raised) is the ordinary cause. I do not know alot about it but I do know you need a lawyer to represent you as it gets very technical and im 95% sure you must be represented by a lawyer you cannot respesent yourself. I'm not aiming for a high figure at all, i would say getting interest back back is good enough I just didnt like the tone lol. I dont think her client is in any position to behave like this. Im preety sure I will be accepting, just doing some research first. BTW congrats SeanK, hope its everything you craved!! Liam.
  13. Ok, this is LTSB's agents response to my previous email. Dear Mr Bee Thank you for your email of 18 January and I note that all charges on account number XXXXXXXX are included in the action. My clients' offer to reimburse the charges with interest is without admission of liability. As you are no doubt aware, my clients, together with other major banks, presently are discussing the legal basis for these charges with the Office of Fair Trading. The offer therefore is made on an economic basis and in the circumstances where the charges are under consideration by the OFT. My clients do not consider that they have breached any duty to you and therefore you are not entitled to damages. If you wish to pursue the damages issue then we consider that we shall require to ask the Court to remit the case to the ordinary roll on the basis of its importance so that the issue can be fully legally debated. Purely on an economic basis I am instructed to increase the previous offer by £50. Please confirm whether this is acceptable. As with previous correspondence, please note that this email is written entirely without prejudice to and under reservation of my clients’ rights and pleas and neither the email (nor any copy of it) nor its contents may be produced, exhibited, referred to or founded upon in any court action or in any other proceedings except (a) with my express written consent or (b) at my clients’ instance. Yours sincerely Dorothy Hatfield Partner There is a couple of points I could pick and I also feel there is scare-mongering/threatening tone to this email, but if im being honest there is 2 working days before my hearing and I think I will accept this offer from them. Any comments on this email welcome before I reply...... Liam.
  14. Hi David, as Scott says you should have called the court after the return date. If they have lodged a defence you appear in court on the calling date, If they have not lodged a defence you need to submit a "minute for decree". This is just a request to the court to issue decree in your favour as the defender did not respond. Liam.
  15. LOL, its form 1 + 1B which is avalible here : http://www.scotcourts.gov.uk/sheriff/small_claims/forms/Form1b.doc for use when the defender is a company or other organisation. You will find details of the small claims process and lots of other info from here : Small Claims Hope this helps. Liam.
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