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Everything posted by rory32

  1. That's entirely up to you. They will throw their toys around if you stop making payments but you are perfectly entitled to do so.
  2. It would be in your best interests to do so. You won't have a debt as the charge is a penalty and as such is unlawful. If you start claiming the charge back they have no way of enforcing it. I certainly wouldn't be paying it.
  3. It's not been updated to reflect the changes in limits to small claims. The limit is now £3000 not £750. You certainly need to seperate the CC charges anyway as these are not subject to the test case so the bank wouldn't be able to apply for a sist on the claim.
  4. You will find that this is not the case. If you were to threaten them with legal action they can and do quickly change their tune.
  5. And if that's the one that I think it is, they also do a deal whereby they record the fact that you have paid the £4.95 a month with the CRA's - so helping to improve your credit rating if you want, in the same way as you would with a credit card but without the ability to run up debt.
  6. Perhaps that's because the DCA have no legal or contractual right to add interest to the account. And of course what everyone needs when they are struggling with debt is a shiny new credit card 0% for the life of the balance transfered. Obviously there is always the temptation to use the card for any credit you have which no doubt will be charged interest on and hey ho the person is back in debt again now paying interest on that debt. Great idea.
  7. If you have sent the LBA and the time limits have expired you can now just file at court against them. A template for this type of claim is in the bank templates library.
  8. Have you taken all your money out of this account and cancelled the DD's? When is your benefit due to be paid? You need to open a new bank account and start using that rather than the Natwest one. You can then put in a claim for the charge. You can open a basic bank account fairly easily and it takes about a week or so to get one opened. Information about basic bank accounts is here
  9. Enquiries and Reporting Centre Office of Fair Trading Fleetbank House 2-6 Salisbury Square London EC4Y 8JX.
  10. The prescribed terms of the agreement need to be contained within the four corners of the agreement. They can't simply be contained in another document entitled terms and conditions. The application form is unenforceable as it contains none of the prescribed terms and would appear to be in no way linked to the second document which does contain the prescribed terms required in a credit agreement.
  11. Yes they should. The fundamental principle of English Company Law is that a company is to be regarded as a legal entity with a separate legal personality, distinct from that of its directors and shareholders (Salomon v Salomon & Co [1897] AC 22). You really need to attend if at all possible. Judgement should not be entered at your address because the company is a seperate legal entity. Even if they obtained judgement they can't take any of your assets. The concept whereby a company has a separate liability to its directors and shareholders is normally refered to as the corpor
  12. Hi and welcome to CAG. What are the Particulars of Claim?
  13. The second page, has this been signed by you or is it just the application that has been signed?
  14. You could make complaints to the OFT, FOS and ICO outlining what has happened. They may be willing to award you some compensation which the companies involved will pay.
  15. tsaffet you need to start your own thread on your situation to get the appropriate help and advice. If you don't know how to do that have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html You also need to give a bit more information regarding whether they are going for a CCJ or whether they have already obtained this (they need to obtain a CCJ against you before they can apply for a charging order). Let me just say though that even if they obtained a charging order they would not obtain a sale order allowing them to sell your
  16. I would just report them to the OFT under the Consumer Protection from Unfair Trading Regs 2008 and happily inform BCW that you have done so. Some ideas for your complaint letter here http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt.html
  17. You send them a Letter Before Action (there's one in the Bank Template Letters Forum) and if they still don't comply you report the matter to the ICO who can force them to comply.
  18. It is, yes. It's nothing more than a standard template letter printed off from the threatomatic. However, if I were you I would now report these idiots to the OFT under the Consumer Protection from Unfair Trading Regulations 2008.
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