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Everything posted by fergal71

  1. what about the charges being disproportiante ,
  2. do you have POCs used for bringing to court for breach of data protection I am in smae boat... default removed but got proof of damage caused just need good POC's
  3. maybe we all need to reply within 8 weeks so they dont close case telling them to keep case open whilst we take advice and prepare court case... then if we all do same POC's stating they are not proportiante cost like we did at teh beginning see what happens... I am on benefits at the minute and my court fees are free at the minute so I am doing my best to get all my court cases done so if I get the nod and info I am happy to be guinea pig...
  4. yes but it does state similar to bank charges the cost of late payment or missed payments etc have to be proportiantate to their costs if they can not prove they are (unlikely to want to try) banks will be the same I bet!!! then they are penalties not a true cost if a default is made up such charges then the default is inaccurate "Penalty charges in any default balance will make the amount on the Default Notice unlawful and inaccurate, giving rise to a rescission of contract preventing the Court enforcing the debt" got this somwhere trying to find out which legal basis.... I strongly believe my case is a test case for such charges and the fact experian no longer publish virgin media info gives me hope .... I bet other 2 dont either?????
  5. hi car you state below in an early post how can I put this in POC's and what legal weight does it carry ... my case is not with banks but if company has placed default made up of unfair charges then surely default is inaccurate and breach of DPA... really need help with POC's "Penalty charges in any default balance will make the amount on the Default Notice unlawful and inaccurate, giving rise to a rescission of contract preventing the Court enforcing the debt"
  6. they are not regulated by cca so I am going down data protection act route... the data has to be accurate if default is made up of unfair charges then shouldnt the default be inaccurate has anyone POC's for default placed despite unfair charges...
  7. Hi here is site and a snippet same as banks if it can not be proven that is what it costs the company then it is likely to be unfair.... Ofcom?s final statement and guidance on extra charges paid by customers to phone, TV and internet companies | Ofcom Ofcom’s final guidance is that: these charges will not be part of the price of the service the customer is buying; any charge that is higher than the actual costs a company incurs – for example in chasing a late payment - is likely to be ruled as unfair; and customers who hold back an amount they are disputing should not be seen and charged as ‘late payers’. And Ofcom does not accept that bad debts should be lumped in with any of these charges
  8. I am challenging their charges for missed/late payments etc ofcom have stated they can be challenged for fairness £10 disproportionate etc... if the default placed is for less than total of charges and they are proven not to be lawful then surely the default is unlawful and as such inaccurate...as it is made up in part or whole of charges... county court I was asking when you took them to court for a refund of charges could I have copy of your Particular of claim???
  9. hi I have just been told experian no longer process virgin media information do you know why????? Also if virgin charges can be challenged for fairness in court as you have done surely if they are proven to be unfair and a default is placed for less than amount of charges then surely the default becomes unlawful????? what do you think do you have you POC's you used in stating charges unlawful??? cheers
  10. I have just had message from equifax that they no longer show virgin media info on credit files can anyone confirm and if so why?????
  11. I have just had message from experian stating that they no longer show virgin media information on credit files... I have asked them why but it will take ages for them to get back to me.... Can anyone confirm this or know the reason why they no longer show virgin info on credit files?????
  12. I was doing a financial hardhip case for a friend, took about 3 weeks with abbey.. they paid about 70% (£2000) of total claim into account day after judgement without any notice
  13. they are not regulated by cca so I am going down data protection act route... the data has to be accurate if default is made up of unfair charges then shouldnt the default be inaccurate?
  14. I have a case with the ombudsman which has been going on for over 2 and a half years and it is only just been passed to an adjudicator?????
  15. If a media company has applied charges to an account for say £300 which ofcom say can be tested for fairness... and the company places a default on credit file for say £200. If a person can show damage caused by default what is POC against media company????? They have breached the data protection act as the default is not accurate as it is made up of charges either whole or in part so if the charges are deemed disproportiante then surely the default is inaccurate????? any thoughts???
  16. as a collective there is so much we can do.... can the site team set up an account similar to fighting libel case and we can each maybe stick a few pounds in.... we should rally together and get this sorted. find out sparkie mp name and bombard him with letters about what is going on in his area.... let us not give up this fight even if sparkie gets enough money to pay barrister or something.... this site has done so much for the many so let us all do our bit for the few who have tried so hard ...
  17. do you think I could use sect 5 of utccr as this was not a negotiated contract?????
  18. move your wages and let them whistle for their overdraft.... put in dispute pending outcome and any abuse of credit file will be fought after charges are proven to be unfair... make notes of any damage credit file causes etc deluded by thinking pompey will stay up??? too far to travel for away games anyway better night out in newcastle ;-)
  19. I know the exact amount just not sharing it on here prying eyes etc..., it is time someone made a stand... do you know who is likely to turn up at court for them will it be virgin bod or solicitor???
  20. the council / regeneration company has blown their budget but have only built a handful of new houses. the options that were available are no longer available and we are left in derelicted areas with little option but to accept crap houses or stay and suffer.anti social behaviour and all that comes with it,,, fires etc... It could take years for the market to pick up again and even longer before companies happy to start building again...it is a living nightmare? I want to take them to court for the blight all the residents are suffering????
  21. hi slick I have already claimed back PPI and charges including £12 charges on this account..... my complaint is now enforceability.... agreement not what it should be and they had PPI on there that I was unaware I had or could change... is this a worthwhile case...what is my next steps. Is there a POC that I can use anywhere, as I really need to get default removed...
  22. my claim is for nearer £5,000 , I can prove losses... I will be fighting this all the way. If does not go in my favour at county, I assume I can appeal higher... I definately will be if this is the case. I am so incensed by what these companies are allowed to do...
  23. does anyone know what happens to the charges from 2001-2003 now the stay has been lifted... will this not affect when we can claim back too????
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