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jackreacher

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Everything posted by jackreacher

  1. Thanks CB .. It is just me. It was changed with no review or consultation. It was done to save the royal mail a few quid .....Allegedly! I will check tomorrow with boundaries commission. I am sure they can't just change your address to save £20 a year.. madness. Kids are upset as they will be first out if the school is oversubscribed as it normally is. Written to my Mp.. we will see. Regards as always Jack
  2. It seems in order for the post office to deliver their mail slightly cheaper, they have changed my postal address, not just the post code. I now no longer live in the town the house has belonged to for 150 years. Can they legally move my town adress as I thought boundaries had to be changed by statute? I am no longer on the voting/ Electoral role list for my town... or any other town. The insurance companies can't find me so can't insure me. The school is discussing whether my children will have to move. It is having a devastating effect on our family! Any and all help gratefully received.
  3. Thanks again rebel11, On it over the weekend...
  4. I will draught a letter along those principles. I will leave out any of the proceedings except to say I was waiting for a cheque from your bank. Offer to get back under my limit and £10 PM What about interest charging etc.. does that have to stop now as they must realise I am in financial hardship?
  5. Of course if they did provide a signed agreement under a CCA Requesticon but failed to do so under the SARicon you would have cause for complaint to the data controller. haha.. that is my point. Exactly my situation CCA = Yes. SAR = No. Complaint Time coming I feel.. Be interesting to see what they come back with. From what I have read, it seems in a SAR request they can also issue a reconstituted agreement??
  6. Thanks Rebel11, thats what I was looking for.. Have a good read tonight. Just want my overdraft back really. Seems they were a bit spiteful after losing. I kept phoning them and asking for my cheque ..the standard reply was "we have requested it there is a back log". My reply was "we had an agreement I would reduce my costs and sign a non disclosure on the basis you sent me out a cheque straight away. An Estoppel has been created and you have breached it".. only when I threatened to pull out of my non disclosure agreement.... they sent it straight away. By that time moorcraft had taken over my overdraft... me thinks no coincidence. Regards Jack
  7. Sorry I understand what is in your file etc. What happens if it is supplied under a CCA but not under a DSAR. Surely then they have breached their duty under a sar/ Just testing the waters a bit.
  8. Agreed Dodgeball... Then perhaps the letter should be along the lines you are required to provide a copy of my agreement ; by IPO , DPA?? If you do not hold a copy of my agreement you are required to tell me . Otherwise the presumption would be you are breaching your duties.... Crap writing as usual ..but do you get my point? ... There may be way of getting the banks to declare their hand on whether they actually hold an agreement, with pressure put on them from comments made in this thread. There then could be an argument in court and wasted costs if they have not done so.
  9. I have just received my DSAR pack . No agreement supplied. I would like to explore the possibility of putting a complaint letter together explaining the reasons why the Agreement signature page should be supplied in the Sar Pack. Could someone put something together for me. My letter writing skills are not yet competent enough to cope with this type of explanation. Although I have had good success in the court room this is mainly down to debating practice ( 4 kids, and a misses who could argue Arthurs sword from the stone) .. and good preparation of course. Regards Jack.
  10. As some of you know I got LLoyds/tsb to discontinue with their £11,000 claim against me. Which really ****ed them off as they attended 3 hearings with barristers. I signed non disclosure documents. They agreed to pay me all my fair and reasonable costs immediately! If I reduced my costs, which I did. While waiting for the payment which took 6 weeks I went over my overdraft limit by £120. They have now withdrawn my overdraft and put it in the hands of moorcraft. There is no option to get back under my limit the total overdraft is £3,120. I am sure the delay in payment was no coincidence! I have no proof of course. If they had paid on time I would not be in this position. Lame excuse I know ,but true. Absolutely skint. Apart from my Costs check but that will not cover it. Not sure how to go about this. Regards Jack
  11. Hi DB, The hearing was adjourned for 2 months while the Judge considered the legal arguments... two months later he gave his judgement that took " 2 Hours... I can't afford near £400. The Estoppel that won it for me was really detailed and would be of use to many in the future. Particularly as I had stopped paying 18 months before court proceedings. Normally you still have to be paying a token payment to win estoppel , (from what I have read). regards Jack
  12. Hi,, I now need to get hold of a copy of the judgement. How do I do this?...how much? do I have to pay for all of it, as it is 2 hours long? I just want the last 1/2 hour Is there any cheap way of getting hold of it. benefits, child support unemployed etc. Regards Jack
  13. Check out shamrockers Claimants skeleton,para 15 for another reason not to comply with s78 file:///C:/Users/Dan/Downloads/aktiv-kapital-skeleton.pdf Posted Today
  14. Yes but what if you deny ticking the yes box. You are the claimant and have to prove your case?
  15. Thanks Shamrocker. Enlightening, in the future you will know your arguments better and have studied Carey..lol it will be interesting to see what the site team has to say about the s78 termination and non supply. I do not agree. Most accounts are terminated and the claimants still have to supply s78. ( I feel he may have got his terminations mixed up.)
  16. You are not alone with the ifs and buts... right to the very top it must be the same.
  17. It may be useful to see what you signed up for in the first instance.. I struggled in one case for ppi/unlawful charges. MBNA refused to supply me with the statements (did supply a transaction log which was of little help) but had to give me the agreement. If there was no sum owing they would not have to give me either. In those circumstances it would be very difficult to take the creditor to court with a realistic chance of success.
  18. Quote Originally Posted by ims21 View Post An example would be where there is no sum due under the agreement. That's not a valid reason...creditors must still disclose copies of agreements ...unless it has been terminated and even then it must be retained for up to 6 yearsicon for historic and money laundering reasons. Andy It seems that their council gave you a way out by saying the agreement had been terminated so they did not have to supply the CCA. As they could only not supply if there was no sum due! lol F'ing hindsight. Are you going to post the skeleton up? Regards Jack
  19. sorry Andy crossed.....what about when the debtor seeks recovery of monies and the creditor refuses to supply under the CCA.. perhaps stating the Agreement has been terminated as you rightly say. Would the creditor still have to supply? it seems lots do not!
  20. Thanks IMS ... I did know and forgotten (as usual). Normally there would be no legal action in this circumstance? Except of course by the debtor seeking recovery. I have given it some thought and you are right, there is a gap in statutory supply. Brigadier has somewhat covered it in his ICO request. However that is by no means certain. Interesting thread.
  21. Originally Posted by ims21 View Post What about the situation when there is no requirement to supply under the consumer crediticon Act? Thanks and I agree Brigadier' ..... I was interested in ims21 point above and how when that situation occurs?
  22. I did not know there was one? (only a beginner), if that is the case then it should be supplied from somewhere.
  23. Surely as 'whoever' is obliged in law to supply your agreement under s77-79. There is no need to pursue under a dsar. If both could supply an agreement it would muddy the waters and give them an excuse not to supply, by blaming each other. Definitely personal though IMO. Well My Agreement has got nothing to do with anyone else!
  24. Just back from a lovely weekend away to hear of your bad news.. It would be interesting to hear more detail but only when you are ready.. As Andy said you were technically correct in many ways.. You can only pay what you can afford and there are many on here to help you with charging orders etc .. should it come to that. I still ****es me off that they do not comply with a s78 the case is wrapped up and you have to pay costs...
  25. simply and accurately put. when I used to travel in europe 35 years ago it was not deemed an offence in some countries to steal food for your own use! I know I got caught enough times...
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