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Everything posted by Bandit127

  1. Sorry to bump an old thread but I got a word doc attached to an email to my cag email address today entitled "Debit Note [21650] information attached to this email". The attachment contained a download trojan virus (with only Nod32 being positive for it on VirusTotal). Hopefully I am alone. If not - please delete the email.
  2. You need to make sure that: The hearing in April gets vacated and The CCJ gets set aside. Optional only after that is compensation for the way they have blighted your sleep at night and your credit file. In that order and you may need to make sure the CCJ is set aside by doing that from your end. DO NOT trust INDs word on it that they will make sure etc and blah blah. Well done so far. Good job. But it isn't over until the CCJ is set aside and you have ALL of your costs back for that including something for your damaged credit file.
  3. Yes, Audacity. It is free and will work very well for what you need it for.
  4. I would keep it simple. I might send something like this. Dear Sirs. I note your letter of demand, ref XXX-XXXX. I have previously requested a copy of the agreement for this account, a valid request according to the Consumer Credit Act 1974. I was informed at the time that no copy of the agreement was available. The account is therefore unenforceable. I therefore require that you desist from proceeding to action, or alternatively I request that you provide me with a true copy of the agreement for the account under S.77-79 of the Consumer Credit Act 1974 within 14 working days. Let me know how you intend to proceed. Yours Faithfully, You You are addressing solicitors. They know the rules and you will lose respect by trying to point those rules out to them.
  5. Canary Wharf was where I sent mine and that worked. It took a lot longer than 40 days though. More than 70 IIRC.
  6. No ifs, buts and maybes there. Just "we will". I think that is a clear letter before action. I hope they see sense after your letter. I would start reading up on some success threads in the Financial Legal Issues forum to start to learn how to defend a claim. If you are anything like me, knowledge is power and knowing what to expect and how to deal with it is insurance against the odd sleepless night. If they don't issue a claim then you have wasted a few hours. If they do, you will be better set up to deal with it.
  7. On balance of the well informed advice here (and ignoring the "distractions") you have 2 choices. 1. Ignore until you get a claim. 2. Try to (legitimately) bat a claim away by advising Shoosmiths that you have been advised that no agreement is available. After considering the arguments to keep your powder dry, I still think I would advise Shoosmiths that the account is unenforceable and that any claim will be defended. I would keep that very simple (a few lines) and not be tempted to delve in to Conc this and FCA advise that. They are solicitors and do not need telling what law and rules apply. But they may not know the history on this debt.
  8. You might want to double up your questions on Money Saving Expert (MSE). They have a dedicated forum for Bankruptcy (BR) so you will likely get faster evolving advice over there. I am with CB on National Debtline too. Although they will toe the official line on your allowances, something you will get more precise advice from MSE on. http://forums.moneysavingexpert.com/forumdisplay.php?f=136
  9. The solicitors letter seems to lack precision but is clear in its intent. If you sign you would be precluded from appending the word TRUST to any other words (or combination) that refer to sitting services. So you could use trusted-dogwalking, trusted-house-cleaning. But not trusted-house-sitting-uk for instance. The fact that you have selected exactly the same name, but with a .co.uk instead of a .com TLD makes me think that this will end poorly for you if it gets to court. I don't see anything objectionable in the letter. Personally I would sign it and transfer the domain and use the money to purchase a new domain with an imaginative name that avoids the word trust and that nobody else has the .com equivalent for. Anything else risks a fair bit of stress and possibly a hefty costs bill if you lose. Sorry that this may not be what you want to hear, but it may be better to take the compromise at this point and move on.
  10. While Shoosmith's will take your money (and therefore collect debt and could be called a DCA) they are also proper solicitors and may well issue a claim. They took me to court a few years ago. Stay off the phone. If you have the original letter that states Barclaycard do not have the agreement, I would copy that in a letter to Shoosmiths telling them that they have no basis for a claim and that, if they do proceed, you will robustly defend. And start preparing for a claim to land on your mat. I don't wont to scare monger here. But I do see Shoosmiths as presenting a real threat. Your letter may not be full of "mights" and "maybes", I am guessing it is quite short and actually says "can" and "will".
  11. No you don't. The only people you would legally have to give an I&E to on a civil debt are a judge after it has gone to court, or a receiver in bankruptcy proceedings. However, it may aid your process of negotiating a favourable position with a DCA, so I wouldn't say don't give one. We would need the full story to give more accurate advice to you.
  12. Is this the same issue as this thread, but from a different perspective? http://www.consumeractiongroup.co.uk/forum/showthread.php?439518-Guarator-Liable If so, it would be useful to see what advice they are asking for and have been getting.
  13. I also think you should treat the tenant and guarantor as "joint and severally liable". Tell them as much when you demand payment.
  14. He will not get his credit file cleared by "having his day in court". He will possibly avoid a CCJ and having that subsequently put on his credit file but that is all. Although there is a risk that he will not appear as a credible witness if you have written his defence for him and he may loose. I thought it was 14 days - however there is certainly a grace period after judgement where payment in full will avoid it being registered. The debt will then be marked as fully settled on his file, that will improve his credit rating somewhat. Bryan Carter usually backs down from a decent defense, but be prepared to pay in full plus costs to make it go away if it gets tricky. Or if a decent night's kip is worth more than the stress.
  15. You should either get the codes read by a garage - or find a cheaper way to do that. (For example ebay sells code readers for my VW for about £15 - I don't know about Fords). Without the codes you are asking us to guess and that could lead you down the wrong path entirely.
  16. OP said he will be sending the letter. That will do. If they don't comply a complaint to the ICO should follow. OP - send the letter!
  17. That looks like you were inviting her out for a scrap. You may need to backpedal your position to where you also see those words as exactly that. You will almost certainly see those words in a written statement. Until you can defend or mitigate those words, you will not be able to talk about a 50/50 responsibility here.
  18. That is a nasty letter and clearly you are dealing with a lowlife DCA. They need a robust response. I would send a prove it letter and strictly stay off the phone. The sharper and more "to the point" the better. Prepare for a SD, beginning now. SAR the original creditor for the info you will need to defend it. You didn't say what sort of debt this is. Please let us know that, so we can better advise you after they respond to your letter.
  19. This isn't necessarily a "managed loan". I was put forward for one of those by my branch when I was struggling and was turned down for it. The inevitable happened a few months later. They still set off my loan (about £17k) to my current account and defaulted the current account on the same day. A SAR and a CCA request for that account hasn't turned up any more than that. No managed loan was recorded in the account history. Just the set off and the default and the terminal words "sent to recovery".
  20. Read through the posts Rebel11 linked, especially the second one. You are likely to get a criminal record. According to those threads though, you will not go to prison.
  21. Do a subject access request (SAR) to HSBC. This will get the payment history of the account and show you whether any of the payments to Bournes actually made it to your account. If not, the default date is normally the start of the 6 year clock. Looks like you have the same arrangement as I do with an HSBC account (mine is now with DLC debt collectors). A debt covered by the CCA S.77-79 (loan, credit card etc) set off to your overdraft, which is not covered by those sections. In my mind that makes a CCA request for this account legitimate. I sent DLC a CCA request for my account (an overdraft which contained the whole of a bank loan) a couple of years ago and they still haven't got back to me with anything meaningful.
  22. Frankly, I would be wondering if you were taking your new job seriously if I was your manager. No matter how good your performance elsewhere, it is up to you to get to work on time. Not one minute late. Full stop. That includes punctures, heavy traffic, whatever. Leave 15 minutes extra for your travel time. You would not make the end of your probation where I work unless you severely pull your socks up and make it blindingly obvious to all that you will never be late again. Ever.
  23. I am with Bazza on this. This strategy is more likely to get the license reinstated than going head to head with Specsavers IMO.
  24. I am running a Raspberry Pi webserver. I grew up with DOS and then Windows, so Linux is new to me. Rather than writing chapter and verse on your question, I will just pass on my top suggestion. The different distros have differences in the way commands are built up and executed. For that reason I would stick to a distro that will do well in a Google search - you are more likely to find answers to your problems. My Pi is running Raspbian, which is based on Debain. That does well on Google. So will Unbuntu.
  25. Yes, you are being discriminated against if you do not have a credit card. It marks you out as somehow "wrong" in the system. I also get some funny looks when I open my wallet at the checkout since it only has one card in it. Instead of the normal, which seems to be so many credit (and other) cards that the wallet no longer closes. (Don't get me started on paying in M&S with "Cash?!?!?"). But then I learned the hard way with all those cards and I positively like traveling light these days. The £2 paper version is an option for lightly loaded travelers like us.
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