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Everything posted by rory32

  1. One thing that strikes me straight away is that you need to at least allow a little bit of money for entertainment (just because you are in debt does not mean that you should never go out - just do it in moderation) and you need to start trying to put some money towards an emergency fund. Things do go wrong from time to time and you need to steadily build up a financial buffer to allow for this.
  2. The banks decision on you not being in sufficient financial hardship is not the final decision. The FOS or a court can overrule them. If the bank have actually given you a response you can go straight to the FOS who will look at your claim. Have the bank asked you for further information or have they already made their decision? If the FOS agree you have hardship status they will make a recomendation to the bank on whether they should refund the charges. The hardship criteria the Financial Ombudsman Service would use is the Financial Services Authority waiver guidance. Thes
  3. Yep, Kilmarnock to Kent is a hell of a walk.
  4. You do need to find this out. Can you remember if you offered a personal guarantee? Do you know if any charges have been added to this account? Just to reinforce what GhostDebt has stated, a debt collector has no more legal rights than the pizza delivery boy. If one comes onto your property uninvited they are trespassing.
  5. Claiming the PPI back will probably only vary the judgement against you. As well as the PPI Successes you should read the Notes for Claimants sticky if you haven't already. Was the loan a fixed rate or variable?
  6. Why do you say this? A statutory demand should only be issued when the amount stated as owing is not disputed. Clearly you will be disputing the amount. They are not entitled to any filing fee, never mind £1300. They are not entitled to any collection fees either. Are you a homeowner? When was this card taken out and have there been any charges added by Am Ex over the account history e.g. late payment fee, overlimit fee?
  7. Well that's not what you asked for. I would write back to them asking them for a detailed breakdown of how they have come to this amount. Also make an official complaint. Their response is pathetic.
  8. In the case of Durkin v DSG, a 2008 Scottish case, damages for wrongful impugnment of a man's credit reputation was awarded without proof of actual financial loss, so slightly different from Kpohraror. Although Kpohraror was mentioned in Durkin you will notice.
  9. Yes you certainly can. What were the solicitors fees in relation too?
  10. I would just get her to report them to TS and the OFT. They have absolutely no right to phone your sister.
  11. It may be some time before you hear from them again. It's been almost 2 years since I asked for a copy of my agreement. In their response apparently this would take them no time at all but they were popping the account on hold just in case. I haven't heard from them since on that one.
  12. If that is the case then she should report their actions to Trading Standards and the OFT.
  13. They must have a lot of time on their hands if they are popping round to assess your doorstep. As is the bag of sugar http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/179817-d-c-calls-police.html?highlight=sugar
  14. Experian. They will contact the companies concerned for you.
  15. Incorrect information There are three steps you can take if you have incorrect information on your file: 1. Write to the agency asking them either to remove or change any entry which you think is wrong. Explain why you think the information is wrong and send any evidence you have which proves the information is incorrect. The agency has to tell you within 28 days of receiving your letter if the information has been corrected, removed or if they have done nothing. If the information has been corrected, you will get a copy of the new entry. 2. If the agency does not reply, or tells
  16. No. Again no. Bailiffs are heavily restricted in what they can take. He could only take items that belong to your husband and even in these circumstances he could not take clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family. He could also not take tools, goods, vehicles and other items of equipment necessary for use by him in his employment, business or vocation. For more information on what bailiffs can and can't do please read here
  17. If you intend to dispute the claim, you must appear in court (or be represented) on the hearing date to state your position - you don't actually state a defence on the copy summons. To dispute the claim, you would simply complete box 3 at section B on page 5 of the copy summons. You must return page 5 to the court on or before the return date shown on the first page of the copy summons. If you do not, the court may grant the order sought by the pursuer, together with any interest and expenses claimed. If you intend to counterclaim you should send the court a written note of any count
  18. If the value of the claim is £200 or less there will normally be no award of expenses. If the value is between £200 and £1500, the maximum amount of expenses which can normally be awarded by the court to the successful party is £150.
  19. If you lost you would need to pay the decree within one month of judgement being granted against you to avoid the decree showing on your credit file. You would need to pay their costs as well as the amount claimed. Costs should be limited to 150 quid.
  20. You can adapt the SAR here http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html
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