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miss muppet

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Everything posted by miss muppet

  1. Told you it wouldn't be as eloquent as yours Yam - this is obviously a time wasting exercise on their part, you could SAR them if you want to part with £10 postal order(template in library) to produce all the info they have on you and also any "so called" notices of variation they have sent you. You could also advise them that if they don't deal to your satisfaction with this that you will be forwarding a complaint to the FOS. They have 8 weeks to deal with your complaint before you can go down that route and they obviously know this but tell them it starts from your first complaint. Frustrating how dishonest they are isen't it - makes you wonder why you ever ( and I did as well of course) ever use their services!
  2. Crikey, they are getting desperate aren't they? If she doesn't want to phone, have you got their email address or better still send them a letter by recorded delivery headed Serious Complaint, obviously their staff are incompetent and this should be pointed out to them and the charge returned immediately!
  3. Hi Samu, Here's an example provided by Andy for Fred, post 371 just to give you an idea - BTW the attachment mentioned on the form or enclosure was the draft order for directions a copy of which is probably in the library. http://www.consumeractiongroup.co.uk/forum/showthread.php?131660-Fred-Bassett-v-Cabot-(Morgan-Stanley)
  4. Hi Silverfox, we haven't got a thread on this but daughter got SD from Capquest, hearing 12th August, on Cap 1 card, we have complained to the OFT and about to sign consent form for permission to disclose complaint. Will advise how things go. 2nd time she's had one, first being from 1st Credit on a Barclaycard, that one was set aside.
  5. Well done Yam, that is an absolutely brilliant email, be interesting to see what they reply, bet it won't be as eloquent. Don't forget they are also regulated by the Financial Services Authority.
  6. Yes, if they get too pesky send them the attached:- You can also SAR the original creditor for everything they hold in their files, this letter can also be found in the debt collectors file part of the library on here:- http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt
  7. Yes, good advice - also I believe one of the terms and conditions of Domestic and General Insurance is that if they cannot repair the machine within a reasonable period of time they will replace. Had exactly the same problem with a much older Hotpoint (even their own engineers (well sub contractors) tell you they are unreliable), I really went to town on their call centre staff and on the second visit by an engineer, he had to admit that he couldn't repair it due to it having had super glue applied to the condenser! - I had also written to Domestic and General. Upshot was I had to pay remaining months on the policy which I still think was a cheek but got to choose a new washing machine (I decided against another washer dryer) rather have a separate condensing dryer and got a replacement of the latest Hotpoint Ultima (upgrade to the same value as the washer dryer) which is great. Needless to say I have not renewed the policy with Domestic and General, exactly like your problem the machine had tripped the electric supply but fortunately I was here. You have absolutely no control over the quality of the workmen they send out. Go get 'em!
  8. Its certainly worth a try, don't forget the complaint to Consumer Direct and Office of Fair Trading, in fact put CC (Company Copy) to both of the afore-mentioned at the bottom of the email. I detest Very, I had paid them some money and they denied it and then they had to admit they hadn't processed the payment. Personally think they realised they owed me refund of PPI which I hadn't signed for - account goes way back, I'm in the fortunate position of having settled the account - have written telling them how much they owe me but they haven't replied - pursuing another catalogue in court at the moment so awaiting the outcome of that, then I will go for them! Don't worry about not being clued up at the moment, you will soon start to understand things and then you'll be helping others.
  9. Regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999 (“UTCCR”). Regulation 5(1) of the UTCCR states as follows: 5.(1) “A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations arising under the contract, to the detriment of the customer.” Ok, slightly different but relevant, you could use the other one too, you will hopefully find it in the library - have a look at the Consumer Credit Act too - that is hopefully in the Statutes Library Section 138 and 140A. Basically the idea is to let them know that you know what your rights are and they cannot ride roughshod over you.
  10. Oh Crumbs, I hate this new site layout - didn't go where I wanted it to at all, back in a jiffy!
  11. Here you go, make sure it actually does fit your purpose, let us know how you go:- http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?198-Consumer-Protection-from-Unfair-Trading-Regs.-2008-Templates
  12. Don't blame you one bit, send them another email saying how you have not received any documents detailing these changes and will be making a complaint to Trading Standards and the Office of Fair Trading and then do just that. I think they call TS Consumer Direct now and if you google their site it should give you your local address. When you email them include a quote from the 2008(Unfair terms of contract)-I think(!) again on here somewhere, I'll try and find it and give you the link.
  13. There's probably more recent ones than the attached link but post 116 gives you some idea of what a witness statement should look like:- http://www.consumeractiongroup.co.uk/forum/showthread.php?245159-series3-v-MBNA-Optima
  14. Yes Fred, think I'm right in saying that you won't need to worry about your attachments at this stage only when it gets to witness statement stage and then you will have the really important bits of correspondence titled Exhibit 1 or Exhibit 2.
  15. Its your decision as always charlie, however if you do start paying them again after a year's absence, the clock does start ticking again i.e. 6 years from now until your credit record is restored. How old is this account anyway, if its pre-2006, they must have all the details in the agreement. I know you can't scan but some people take a photograph and upload it that way.
  16. and maybe this one too? http://www.consumeractiongroup.co.uk/forum/showthread.php?306013-Imminent-Charge-on-property-Lloyds-bank-Business-Loan-pse-help-someone...
  17. Hi there, sorry to hear of your predicament, hope the following link will help:- http://www.consumeractiongroup.co.uk/forum/showthread.php?244695-A-personal-guarantee-on-a-business-overdraft
  18. Quite right Stevo, it is 40 days. Dont panic charlie and certainly don't offer them any payment until you know whether the agreement is enforceable or when ordered by court. If you can post "the agreement" up for peeps to give their opinion, first editing all personal details by using a site such as photobucket which is free.. Do not let FI bully you, thats what they thrive on - you don't need to write to them, just let them keep spending postage on their pointless threats, file them all away, and don't forget to use Royal Mail's track and trace site, printing off the details of when the OC sign for your SAR.
  19. Yep, quite right, You prob know this already but but the correct format for default notices is in Consumer Credit (Enforcement,Default and Termination Notices) Regs 1983 a copy of which should be on the site, it does sound like an unlawful recission of contract doesen't it - Start your own thread by clicking New Thread Button, your thread is certainly worthy of discussion. Good luck!
  20. Sorry Ricardino, hijacking your thread, Idn panda have you used the attached link to wrestle information from them, or did you SAR them at any time? http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here
  21. Barns, its looking good to me, Optima Legal (MBNA) took me to court attempting an SJ about 2 years ago, they didn't even have an application form, they lost and I was able to point out to the Judge that the default notice was invalid as well due to citing clause whatever as there was no such clause (due to there being no agreement) they supplied me with a default notice which didn't tally with mine being one day out making it within the time frame. Judge awarded costs of £200 and ordered another witness statement from both of us, thats where I put the foregoing bit of advice and it seems it worked coz they discontinued! Looks like you are doing very well and as long as you get a decent Judge, I see no reason why you won't come away smiling!
  22. Ah but would they be up for you cross-examining them in court under the civil procedure rules 33.4 and 33.5 i.e along the lines of whether they were employed in the department that dealt with the processing of this type of agreement at this time? Did the witness see the agreement bearing the defendants signature? If not what records by way of internal audit of check list has he/she examined to be able to verify it would have been signed. You would wish to cross-examine the witness in court on this matter and would seek info with regard to the whereabouts of the records regarding the signing of an agreement. Hope this helps.
  23. Ok, here's the email address:- [email protected] Don't forget to head it up Serious Complaint.
  24. Don't use your phone to call them, send a letter with everything you have mentioned here and head it up Serious Complaint and give them 7 days to deal with it. You could also email them - I had to do this once, I will scout around and see if I can find the contact details for you - back shortly.
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