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gigaset

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  1. Hi Folks, My 15 year old son has been landed with a £60 fine from those wonderful people at Southern (Govia) for not producing a valid ticket. In fact, he does have a valid season ticket, but it happened to be in his other blazer so he didn't have it with him. I am told that he was informed at the time that if he produced his season ticket at the station office no further action would be taken. My son insists he did that (um, yeah - I will give him the benefit of the doubt, although Govia apparently aren't). I have explained the situation to Govia and have the season ticket to hand but they have declined the appeal. Do we suck it up and pay, or is there any form of kind words or actions that can be taken here? Thanks
  2. ...and so it goes on. Having written to Experto in October 2015 informing them that they have not substantiated their claim after 2+ years and would they review everything to date or face a formal complaint, they seem to have sold their claim on to another company and my father has received paperwork from another organisation in Scotland - I've not picked up the letter yet so I have no further info right now. Do I just go through the motions again with a CCA request etc. or should I just relay the history to this company and suggest they consider this matter closed? Thanks as ever.
  3. Thanks everyone - I'll do some reading from the links provided. (and I have corrected DCA --> CCA)
  4. Hi Everyone, I had been dealing with Experto for an alleged MBNA debt on behalf of my father. This all kicked off in 2012-13 The last correspondence at that time (2014) was me telling Experto that even after such a long period of time they had not sent sufficient information to cover the CCA. After that it all went quiet. About a month ago, Experto wrote directly to my father again, asking him to get in touch and start discussing arrangements to make payments. I wrote back with a copy of my last correspondence and AGAIN told them to stop writing to my father and that they had never completed the CCA request so there was nothing to discuss. Regrettably, I only sent this letter covered by a certificate of posting (my bad). A couple of weeks ago, Experto sent a pack of the previous correspondence from 2013-14 to my father (none of the DCA stuff, just their letters) again suggesting he should get in touch, so I have written back (recorded delivery!) enclosing a copy of my letter from August and a copy of its certificate of posting. During the correspondence period up to 2014, Experto did write to my father directly several times, and also phoned him a few times (details in the previous thread) when I complained, they completed a couple of internal investigations which concluded they had a few things to apologise about, but overall, they weren't that contrite. Experto did point out that if I was unhappy I could make a formal complaint to various origanisations, but I decided I didn't want the hassle. Now I think is IS time to make a complaint, and I have advised Experto of this in the last letter I sent them a few days back. In light of all this, would you kind people help me my complaint with the relevant points about Experto's behaviour in contacting my father directly, any specifics relating to the failure to provide a full breakdown of the alleged debt since 2013 and anything else worth mentioning. For my part, I am trying to find out more about the alleged debt and whether the issue of 'statute barred' applies. In this respect, if any alleged debt accrues over a period of time, does the 6 year period follow all the individual acruals, or is a specific date determined for when the clock starts? Many thanks and I'll keep you all updated.
  5. Hi everyone, The ongoing Saga.. I have finally got a response to the CCA and that's just a copy of the original agreement - no statements and no breakdowns as requested in the CCA as per the guidance in a previous post - ie: (a)the total sum paid under the agreement by the debtor; (b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and © the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. In addition, despite repeated assurances in writing from the DCA that they will deal with me rather than my frail parents, they have resumed telephoning them and have now written to them to request they start making payments. I feel a letter is in the making and, as ever, any guidance on wording would be appreciated.
  6. Hi again, As ever, all the comments are appreciated. The rep was acting on behalf of Wilkin Chapman Grange for Arrow.
  7. Hi Everyone, The hearing is now over and it went like this: At a pre-hearing meeting with DCA’s rep, he suggested there was still time to arrange a repayment plan (!). We replied that, as we advised them by letter when they did not reply to the SAR (we eventually got a bundle after a total of 48 days, but it did not turn up any new material of note or relevance), we considered the alleged debt to be statute barred and that their ongoing attempts to collect and discuss payment terms, plus the bankruptcy petition could be considered vexatious and harassment and that there were a number of serious civil and legal actions (as well as the failure to comply to the DCA within the required period) we might consider on the basis of their behaviour to date – especially since they could still not produce the original CCA despite being asked for a copy years ago and them admitting they could not find it (also years ago). We told the rep we’d be asking for a dismissal of the petition and costs on the indemnity basis since they did not respond to our suggestion that they should drop their action and settle our nominal costs (as we outlined in our letter) amounting to 20 hours of our time at £18/hour. The rep went out and made a hasty phone call. In the hearing, we went first and outlined our position. When asked by the judge to counter any of the arguments, the DCA’s rep went on about how they were still looking for paperwork and how a spreadsheet the defendant used for budgeting was an admission of the debt (even though it was prepared last year – well after the debt became statute barred). We countered that the spreadsheet (just a table with no annotations or signature etc.) was totally irrelevant and the judge agreed – as they did at the last hearing too! We also pointed out that the petition still had the wrong creditor company on it. At this point, the rep said that the DCA was withdrawing the petition. We asked for costs and after further discussions where the DCA's rep tried to argue that we weren't entitled to any, we settled for what we offered in our letter to the DCA, plus I threw in that day’s train fares of over £30, and the total (a tad over £390) was awarded to us by the judge - who gave the DCA 14 days to pay! A few bits of follow-up: The rep suggested in the pre-hearing meeting that even if they withdrew the bankruptcy petition they could still take other avenues (go for a judgement?) – what do you think about that? Should we pre-empt anything or just see what happens? The 14-days-to-pay will be up on 18th Feb – what if we’ve received nothing ? Do we inform the court? Oh, by the way, the DCA is Arrow. Thanks again.
  8. Many thanks again - I'm amazed at the generous responses and advice - all gratefully received. Will keep you posted.
  9. Hi Everyone, Key points: No account activity (payments) since late 1990s according to relevant bank statement provided by DCA Debt queried in writing 2003 with a admission by the DCA over a month later (still in 2003) that they were still looking for paperwork - and no further paperwork has been forthcoming from them. No admission of debt in writing all the way back to 2003 minimum Statutory demand issued 2012. The wrong account details on the petition was a paperwork cock-up by the DCA and they said they would have it amended. The first adjournment was due to a serious illness in the defendant's family (both parties attended). The second was after I presented my review of the documentation and stated that there were errors of fact in the petition (wrong bank account) and that the paperwork I'd seen suggested any debt was statute barred. Yes, the stuff I have read includes references to the CPUTR as suggested by the link - can't find the original I used but I have the text copied into a Word doc and it refers to 'professional dilligence', leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledg, and not ensuring that an adequate history of the debt is passed on as appropriate. There's also a reference to the Consumer Credit Act of 1974: No copy of the assignment of the alleged debt has been provided, despite claims to the contrary and no consideration of the personal circumstances of the defendent (marriage break up, illness etc.). I also referred to Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch) and Jacob v Vockrodt [2007] EWHC 2403 (QB) "...when petitioning is an abuse of process that could involve the tort of malicious presentation of a bankruptcy petition". I posted a SAR to the DCA on 5th Dec, which they acknowledged in writing on 10th. When would their 40 days be up (nothing received so far) - as I understand it, the response period is a straight '40 calendar days' rather than working days - which I make the 14th Jan, but if from the acknowledgement received on 10th, that makes 19th Jan. Next hearing is 1st week in Feb. Rather not name the DCA at this time. Questions: I propose to write to the DCA's solicitors - but when? When is SAR period up? If I propose to settle for 'costs' should I suggest a figure or ask for their proposal? What's a reasonable basis for calculating costs (including stress etc..?) ? If this goes to a hearing and I request an indemnity costs order, what cost awards are typical? What if the account details on the petition are still wrong? Thanks again - I really appreciate your input.
  10. Hi Everyone, I am representing a close friend (really!) at a bankrupcy hearing in early Feb and would appreciate some advice. This will be the resumption of a twice-adjourned hearing after the judge allowed a period for the claimant (DCA) and their solicitor to 'get their act together' with regards to paperwork because, having become involved only a couple of weeks before the previous court date, I discovered that: The alleged bank overdraft debt stretched back to the late nineties When the DCA started chasing in 2003, the debt was queried in writing by the defendant who stated that they believed the debt was not correct and asked for full details The DCA replied a month later saying that they could not find any paperwork but would forward it ASAP, but all they have since provided is a copy of a bank account statement No further paper 'evidence' has since been provided. There was some verbal to-and-froing last year (during a very stressful period in the defendent's life as their marriage was breaking up and they were receiving counselling), culminating in a Statutory Demand and subsequent petition. The petition submitted to the court referred to a debt with a credit card company totally uninvolved in these events and with whom the defendant has never had an account. From all the paperwork I have seen this debt is statute barred, so I sent in a SAR (acknowledged and the 40 days are up within a week or so) to see what the DCA can dig up and I am now preparing for the next day in court. As I see it, unless the DCA digs up any written admission or details of any payments since 2006 (I am assured there has been none), the petition should be dismissed and, based on my research, I propose to also ask for an injunction and an indemnity costs order. I have seen some useful wording hereabouts relating to legal, FSA/IFA/trade body conduct and duty of care, and citing the relevant paras of documents etc., but any specifics I should major on? Also, subject to what I find from the DCA (assuming the debt is statute barred, as I believe from all the paperwork I have seen), do you suggest contacting the other party's solicitors before the hearing to lay out my understading of the situation and seeing if they want to make a proposal to settle this issue amicably, or will it be best to see them on the day - either before or during the hearing? Thanks.
  11. Thanks, i'll be sending the DCA a CCA tomorrow. Althougn the guidelines suggest a postal order, would a cheque in my name (and not my father) be OK?
  12. Hi to both of you and thanks for the quick responses. To reply in one lump: Last payment would have been about Sept 2012. The issue of PPI is unclear as the paper trail is patchy a nd I cannot remember that far back (the account was probably opened around 2006). The SAR response from the DCA is their screen prints. The debt is around £16K and they have offered a repayment of £20/month. This strikes me as very low and merely a hook to get the debt acknowledged. CC was MBNA and the debt has been sold to Experto. I have not yet done any credit checking.
  13. Hi, I am dealing with a DCA on behalf of my father. The debt is in his name but he was helping me try and keep a business afloat so I have been servicing the debt. Here's where we're at: The debt was with a credit card company but the company sold the debt to a DCA in Sept/Oct The DCA wrote to my father advising them that they now held the debt and would be writing further. Nothing else was received from the DCA until early December when they sent a totally incorrect '. ..despite numerous attempt to contact you...' letter. I wrote to the DCA enclosing a letter from my father authorising me to deal with the debt on his behalf, also stating that he and his wife were finding it too stressful to handle (she has a heart condition and the debt issue is upsetting her). The letter also instructed that all correspondence be only sent to my address and that the DCA should restrict correspondence to letters only. I also enclosed a SAR. The DCA acknowledged the SAR and authorisation letter. I have discovered from my father that he has not had any statements or other correspondence from the credit card company for perhaps several years so I was hoping the SAR response would contain relevant info, but it just consists of a set of screen prints from the DCA's system. Related to this, I am mindful that Northern Rock (not involved here) recently had to cough up due to cockups with their statements and the situation here may be similar. Late Dec, despite acknowledging they would only deal with me, the DCA wrote to my father offering a monthly settlement figure - his wife was again very upset. They passed the letter to me without replying. SO.. What should the DCA be sending me to verify the debt and its value? Should I contact the CC company for other documentation/statements or is the matter solely for the DCA now? I'm not trying to avoid paying the debt and don't particularly wish to stir things up, but I don't really have any concrete info on anything (so is the debt 'in dispute'?), plus what, if anything should I do about the DCA still contacting my parents? Thanks.
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