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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

OHW

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Everything posted by OHW

  1. OHW
    Hi, yes, I am considering the consent order, I didn't want to shoot myself in foot though, if they withdraw their offer then won't I be left high and dry on the court date if I haven't provided supporting evidence? Have I done wrong thing?
  2. OHW
    Hi, I am about to take my court bundle in, they have as yet not sent me an executed agreement, as I am just challenging their POC and my defence was 'prove it' I am just challenging the fact that its an agreement and also that I offered to pay amount minus charges years ago and it was ignored. is there anything else I need to add in? Im sooo nervous right now incase i forgot something ..
  3. OHW
    It's is defaulted on CRA. It drops off file in feb. I'm so fed up, wanted an end to it. I'd rather take it to court if that's the case.
  4. OHW
    Yes they have taken the charges off, there is a bit extra but I would have been happy to pay that. Although if I am to have another 6 years with it on my file then I dont really fancy it lol. I dont understand it really, I thought that only 6 years was recorded on my CRF, I didnt realize that paying towards it would stay on file for a further 6 years. AH ngihtmare
  5. OHW
    Thankyou citizenB! I have received a letter from the court saying the claimant and the courts would like a copy of the evidence I wish to rely on in court. This default is just about to drop of my credit report, so, if I actually pay this amount as a goodwill gesture to avoid court will it be recorded or will that just be that? Cant wait for it to be over tbh.
  6. OHW
    Hi, I have received a without prejudice letter from arrow, they are offering to settle for £200, however I have to obtain a consent order, I have also been asked to send in all the documents I have been asked to rely on in court. Whats the next step? if I pay the £200 to settle why do I need to get a stay? Hmm, time is of the essence here as I have to send in my documents before next wed, they have gave me until the 29th jan to pay the £200
  7. OHW
    hi, I have a court date They have sent me all information they feel is what i requested. I need to have a proper look through, My court date is in Jan. Would appreciate some help really (re the above). I also sent me a letter saying that I am not entitled to see the 'assigment (I think, paperwork not at hand and just about to go to work). as its a contract between themselves and the OC. Will update later
  8. OHW
    Hi, its N149 - im completing it as we speak
  9. OHW
    thanks for those links, Im dyslexic so its difficult to navigate and find relevant info at times
  10. OHW
    Hi, I have received documents and the AQ. I'd appreciate some guidence if possible Here's link to thread http://www.consumeractiongroup.co.uk/forum/showthread.php?361443-Please-help-with-next-step-re-Bryan-Carter-Arrow-Court-Proceedings/page6 Thanks
  11. OHW
    As far as I can tell this isn't the official agreement, but a copy of my signature on an agreement when I applied for the card. Can someone confirm this? I need to send allocation questionnaire on Monday and they haven't complied with the CPR request. Please can someone advise? It would be much appreciated.
  12. OHW
    Hi, I think they are the ones from inception. 2005. Terminated in 2007 jan(ish). Is that the agreement or application form.? This is the response to my CPR request. I have received a copy of their AQ too.
  13. OHW
    ][ATTACH]38834[/ATTACH] I hope this works...
  14. OHW
    Hi, I have received the AQ, if I post up the supposed agreement on here can someone case their eyes on it so I can fill in the AQ appropriately. I have not received any further information from Arrow.
  15. OHW
    Hi all i have received some paperwork from arrow. A) change of solicitor form b) my (signed) agreement which i signed for online (don't know how this should be.set out) in 2005 with RBS c) a reconstituted notice of assignment they have requested statements from OC so, need to figure out where im going next with this.
  16. OHW
    ah, yes, i may give them a call, will it be northampton? or shall i wait until its my localcourt?
  17. OHW
    I received same letter as you andymzua, as far as I know it means nothing other than Arrow will be dealing with it themselves. I have receved no response re my defence. I think I am leaving it a couple of weeks before I call the courts to see whats happening. dpick, why do i need to send a copy of the letter to court? and which court? northampton??
  18. OHW
    Hi, I have received a letter from Bryan staying he is no longer dealing with this case and has handed it back to Arrow. Its nearly 4 weeks since i handed my defence in. Will courts send me a letter if its stayed (or not)?? I decided not to do CCA as CPR should reveal info I need. Hope the conclusion is reached before christmas at most
  19. OHW
    The point of the cpr is to establish if.they have documents required (or needed) for case. If they sent u all documents u could say, 'ah, that debt, i forgot about that' (and pay), but in this case they can't prove you owe debt and why pay a random company u don't know money just because they sent u a letter. What would your defence be? Do u know what it is? Is it statute barred? If u have a solid defence then use it, otherwise the civil procedure rules are a must
  20. OHW
    Well, I don't know the ins and outs of the uncles income so cant really comment. Can I assume the 'disability pension' is a pension and not dla? Because if the aunt is paid £50 and the uncle £50 and the uncle only receives DLA the other £30 may be kept for 'rainy day'. Seriously, can't speculate though, dont know enough info to give more info than i have
  21. OHW
    Hi, DLA mobility only has two components, higher and lower and is paid to the individual with the disability (or need). The only benefit the aunt is entitled to is carers allowance, however, the uncle is an individual in this own right and should (in my opinion) be contributing to the household. I understand its very difficult as its family involved. If you do not want to take up the advice of a social worker (who will have more knowledge in this type of area), then yes CAB will be worth a visit, if only to point you to other organisations in the area, there may also be a local carers centre your aunt can access for advice. Something that may be worth doing is keeping a record of all the expenses your uncle incurs, including meals and board, papers, etc and invoicing the uncle requesting reimbursement.
  22. OHW
    Hmm, this does sound very unjust. Ok, I dont know if your uncle has a social worker? People with POA need to keep a strict record of income and outgoings, etc. Like I said, I would request an assessment of need from local authority, they will look into all of this (or should). I dont know why cousin has control over your uncles finances, but he seems to be taking advantage of both your mum and your uncle. I dont know if your uncle has any other assets but the money your cousin receives is actually paid to your uncle. So the pension he receives and the DLA is your uncles income. Your mum (or you) should establish if she is eligible for carers allowance in the first instance. Also contact the central duty team at your local authority (if you want) to establish if there is any further support or advice they can offer. (You can do that yourself just for advice on the matter).
  23. OHW
    What does the 'older brother' think about this? If he has no mental capacity issues I dont know why your cousin would have power of attorney? Maybe you should look into that? If your cousin is not providing care then he should not be receiving carers allowance as one of the criteria is that you have to be providing care for over 35 hours (i think thats the right amount). Do you think your uncle may have an extra component in his benefits rather than care allowance? Does your uncle have access to his funds? I wonder, do you know that your uncle is entitled to an Assessmnet of need from the local authority? or that your mum as is carer is also entitled to an assessment of her needs as a carer? does she live in the same house as him? The assessment of need may enable your uncle to have access to direct payments. This will enable him to pay a PA (personal assistant) of his choosing, the assessmnet of need for a carer looks at their needs as a carer and may enable her to have access to her own direct payments (each LA have different criteria on whats available and what they will fund). Edit: I have actually looked at DLA rates and I think there has been some confusion, DLA higher care component and mobility component is £131.50. Carers allowance is a different benefit and one which your mum is entitled to. You can use DLA to pay for anything relating to your care. The rest of the info still applies, they are still entitled to an assessment of need from the LA
  24. OHW
    Hiya, I have been preparing for the next steps re this claim and have been reviewing info I have. Im trying to make sense on how to proceed. Please can someone answer the following (or make a comment): Is it worth me formally asking Arrow for a CCA and the other docs? or do i rely on the CPR to obtain them now If they cannot provide a CCA does that stop them proceeding further at court (until they find it) and if they dont supply the CCA will the claim be stuck out or stayed? This debt may be from a account with a (possibly) faulty default notice, does that make a difference to anything, and is there any info on how to scrutinise this? I requested a SAR from OC which it mat be but only received statements and nothing else (they charged me a historic statement fee this was 2007) At one point there was two defaults on my credit file (for about two years) one from arrow and one from the OC (which is why im confused), the OC one then disappeared. The original account is mostly bank charges (I requested these back last year but had no response and kind of forgot to follow up (had a lot going on). The default amount is less than what they are asking (and the amount they have asked for has changed over the years). I have also been offered a discount on this debt before (from different DCA) and also by BC (who just did it to pay less court fees). If anyone can help id really appreciate this, i have tried to find this info myself but im generally finding it difficult. Also if BC dont respond to my defence and its stayed, should i ask for it to be unstayed (temp forgot officail term) OHW
  25. OHW
    Hi ros Yes sorry, they take into account other children he will be supporting too (in new CSA anywa). I have heard lots of examples of how unfair the old system was (where they take into account household income)

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