You will need to get the copies from the bank which cleared the funds i.e. the one which holds your current account. As Natwest says above, the front and back will be important in tracing the payments through the system.

If you have a letter from Talk Talk advising that the account had been disconnected and the balance was zero, then you're all set for court! Simply use that as your evidence, or send it to the debt collectors advising them this is the final position as you were advised by talk talk. They cannot tell you that you owe nothing and then owe something, especially for a contract that they themselves have breached!!

It is an unfair term, and probably wouldn't stand up in court. In all fairness, a couple of years ago, did creditors and debtors both understand the rights, protection and clauses of credit agreements? How many times did you take out finance and not read the terms and conditions before signing because you wanted that shiny new car sitting in front of you as soon as possible and all it took was a signiture? That new platinum credit card which means you can do your house up - when it asked you to tick the box saying you have read the terms and conditions, did you actually read through them? No!! And now the UK is over a trillion £'s in debt. Are we surprised? No. But it's not always our fault - the cost of living, house prices and everything in general has rocketed and living has never been so expensive before. More and more credit is becoming available, because companies need to meet targets and their acceptance criteria goes done. But on the up side, more and more consumers are becoming legally savvy to just about any contract and will pay more attention and take advantage of the HUGE amount of protection available to consumers in this modern age. Less creditors are winning what they have previously won, and less of them are willing to take more action because more people are fighting back. They know that, unless it's illegal or very uncommon, the law tends to side with the consumer as opposed to a bullying creditor. So times have changed, and so are contracts!

Send your statements to the them, highlighting the payments and advise them that you have paid in full and that the funds were cleared in order to pay off the arrears. If need be, get copies of the cheques as it will be nearly impossible to dispute payment if a cheque is made out to them, and the same cheque has cleared from your account.

Well, if it's a public school, then you could request any information held about you under the DPA or FOIA. If it's private, then under the DPA they should hold records for a certain length of time.

If the items were yours, and not theirs, then it would be criminal damage (from a legal point of view) and not to mention reckless and possibly an incapacitated action? I understand religious establishments have different moral standings than others but that's taking the mickey? Burning an eleven year olds possessions because they do not agree with their faith? Could this amount to racism or discrimination?? Opens a whole chapter on abuse and other issues surrounding education!

It's been a while since I was involved with this legislation, but having a look, it appears that CIPA gives disclosure rights only if a court hearing has been requested and a not guilty plea entered. The FOIA gave individuals the right to information, therefore it could be obtained within this. I think the FOIA was amended to exempt items used in the investigation of a criminal offence (i.e. speeding) and therefore, the information will only be given in a court of law - probably because it is not 'in the public interest' or 'likely to contravene the justice system' or something very similar to that. By the way, I'm not having a go, I'm intrigued - out of all the speeding and parking tickets I've got out of, I couldn't get out of this one!

In which case, were Thames Valley Police incorrect in advising me that they would not send any information relating to calibration certificates, training records and any other information requested prior to attending court? It clearly stated on their letter they would not release such information until the court date due to the amendment within the FOIA?

Rob - the FOIA WAS used to request information (including evidence) from Police, in addition to other legislation. But Section 31 was amended to include evidence as 'exempt' material with regards to the Administration of Justice. Because the State was the prosecuting authority, the information held by them (previously) had to be released under the FOIA, but not any more. Normally, evidence would come under the Police and Criminal Evidence Act, Data Protection Act, Human Rights Act and Freedom of Information Act. However, so much information was being given out that mistakes were made and prosecutions were dropped. Remember the case regarding speeding which hinged on the Human Rights Act when you stated you couldn't remember who was driving and wouldn't sign? It was amended, same as the FOIA which has since been amended. I recently got caught by a RADAR gun, and within the NIP was a document from ACPO regarding the amendment to the Acts. I don't have it as I shredded it, along with the other crap they sent me!

It has also been used against us - a section has been amended so that evidence relating to offences such as speeding no longer has to be legally provided at request any more!

I heard on the radio a retailer would offer the difference in price if something bought within 30 days was reduced in a sale....I cannot remember for the life of me who it was - i thought it was Amazon, but can't find anything there!

Legally, agreements and contracts can be verbal or written - both are as enforeceable as the other. However, disputes are common and written agreements are sometimes the only way of proving that something was agreed from the start or within the prescribed term. The trouble here is that the other party is not disputing the debt - but only the amount, which (again) is very common. You need to imagine this case in a court - you, him and a judge. The judge knows nothing at all, and so it is up to each party to plead their case, along with forms of evidence. So if you were in a courtroom, and you said that the other party owed you £400, how would you go about proving the cost? You could so with bills, invoices and evidence to show how much you are out of pocket - this would be your damages (technically, liquidated damages). Next, you need to show that it was agreed that this is the amount which formed an express term of the contract - i.e. that he was aware that he would have to pay for certain items, the value of which you would have evidenced in the step previously. If you can evidence that he had goods and services for which you have received no consideration for, then yes you can sue him for damages.

i'm going to post your private message here, purely because it will help others to help you: I have a small warehouse dealing mainly with silk displays and floral sundries Art and Craft supplies and evening tution classes I offer fresh flowers for specific and to personal orders only I dont retail them to the general public as part of my usual stock In Late October of 2005 I was approached by moderator edit his assistant, who visited me at my business address - to supply them on a regular basis with sleeved flower bouquets and also funeral wreaths on request, for them to resell at his New business - a tea room at the local Carleton cemetary near Blackpool I informed him of my fresh flower capabilities as stated above and the fact that my unit does not have a cold room for long term storage. I quoted a minimum starting price but stated the price would vary in accordance with the flowers seasonality and market prices Once he took delivery he was responsible for the flowers their condition and resell I DID not offer a sale or return policy with the small margins I was working on for him. This he agreed to and we shook hands I also provided him with a selection of silk tributes, silk floral displays, greeting cards. sympathy cards and other sundries ip until july He became very fickle in his ordering sometimes demanding instant delivery and then not being there to accept delivery and pay me. He admitted to me he had hit financial difficulties with his lease and community charges I allowed him extra time to pay me but he had not given me anything even after I had made several visits and phone calls The last occasion I went to see him was just before Christmas. He became verbally violent and I called the police = who warned him of his conduct He is NOT disputing that he owes me but the amount I have reciepts from my suppliers specifically for the purchase of flowers for his requirements It was a cash agreement His assistant was supposed to pay me on delivery and it turned out she would defer the decison to edited In the end I could not sustain the non payment and refused to deliver unless I had some form of settlement He told me he didnt have the cash yet I have personally seen new equiptment and stock in his premises I have dated text messages asking for his needs and if he required suppiles and replies of yes please I did not charge him for the hire of the sundries but they were returned in poor quality.

Your post has confused me? You took on a client, and agreed to supply flowers to his tea room at a local cemetery? You have text message with evidence of request to supply...what exactly? What exactly was the cash sales for which you were they buyer (in order for them to get a reciept but for you to have invoices?) How come you have invoices charged to you for flowers you have already bought? He has had a full years use of...what exactly? Was there any agreement that he would hire now, pay later? Very sketchy question, and doesn't appear to make sense to me?

This is very true, as many people keep lines of credit open which are invariably used when times get hard, or when they need to. This, unfortunately, places the company in a bad light and are told they have lent irresponsibly - however, when the credit agreement was signed, the customer was in good credit, well paid job and had no kids. Two years, 1 mortgage and a child later, they go back to using the credit they obtained using "credentials" which were deemed sufficient to be offered credit. However, it might be a good thing - as now you would be owing £600. Why not save up the money as if you were paying a catalogue and then buy the item? That way you have done yourself an interest free deal, except when it's delivered, it's paid for already!

I don't think there is any legislation written in for payment dates as such; most of it covers witholding pay and what people are entitled to. However, you say that your husband is paid in arrears as opposed to in advance so if the pay date on the 1st was an arrears payment, then paying a day early means that it wasn't exactly one month in arrears (i.e. 29 or 30 days). By pushing the date back by a day or two, they are within their rights because it is either 31 or 32 days in arrears - if you see what I mean. There isn't a clause in the contract with regards to the pay day - most of them do. In fact, my employment contract states I will be paid on the 25th of each month in arrears - so therefore, to deviate from this would mean they would breach their contract and I could sue them for damages, as it would cause further complications (i would imagine) - but this is only because the term is expressed within the contract, whereas your husband's contract only states he will be paid monthly in arrears. However, aside from causing some minor inconveniences, direct debits should always be paid out on the following working day if the due date hits a public holiday or weekend - not before; this is a term within the direct debit guarantee, so DD wise you should be ok.

A bank statement, or something in writing from the bank would probably be ok. Personally, I have sent companys copies of bank statements and highlighted the charge - using a black marker pen to blank out any confidential information. I know my bank, Nationwide, will allow you log on to internet banking and download PDF replicas of my bank statements so maybe you could do something similar?

I did have this problem as well, but the technical helpline seemed to sort it out for me. If you run through all the steps on the set up CD, does it manage to connect with it wired up first of all? Have you managed to actually receive an internet connection wired? If so, then the next step would be to put the livebox into pairing mode (switching off, holding down button number 1 and switching back on again). One of the red lights should flash, and then try to connect with your laptop. You will need to enter the WPA key, which is found underneath your livebox on the barcoded sticker. Then it should connect ok - but you need to check you can do it with wires first of all.

I think they are really good - never had a problem with them. Look quite stylish and you can now plug in the adaptor and a normal phone to make calls over the internet and they have USB ports to plug in USB devices to use wirelessly through the box. I also believe they are updating it in the future for more functionality. One small downside - I switch mine off every now and again when it starts to get a bit clogged up, but it's sorted out!

If it's covered by a manf warranty, then I would take it to another dealership if possible, if you cannot wait? Obviously, it's very dangerous and probably not legal to use on a road, and the fact the dealership is changing owner's shouldn't make any difference to the fact you need a manufacturing defect repaired as soon as possible?? Reference the airbox, it's annoying and it's a pain - and it just reinforces the many stories people have about car dealerships! I have used Car Parts: Car Breakers, Used Car Parts & Engines, 4x4 Parts, Gearboxes, Ford & Volvo Auto Parts a couple of times for obscure parts when a garage says they cannot source them, and they have managed to find them for me - might be worth giving them a go? I can't guarantee that they can help, but it might be worth a try?

A question with regards to contract law would not relate specifically to the intention but the consideration...I can see that they got something out of it, but has the consumer?

To Whom It May Concern, Reference; Account Number XXXXXXXXX I am writing to you with regards to the above account, for which I have received a letter stating my account is in arrears. I would like to draw to your attention the first letter which was sent to me on XX/XX/2006 which stated that my account had gone into arrears. I was surprised at this, and contacted you on XX/XX/2006 at XX:XXpm. I spoke to one of your advisors, who stated that due to a computer error, it had generated letters advising customers they were in arrears and that a payment had been taken from my bank. I checked with my bank, who advised me that a payment had been taken by yourselves. I called your company back and was advised that I would recieve a refund from you - however, this did not happen for XX days, despite constant telephone calls to yourselves, during which each time I was assured it would happen 'the next day'. The refund finally went into my account on XX/XX/2006, which was the day after which a payment to yourselves was due. However, due to my tight personal budget, I did not have enough money in my account to cover that due payment and it was rejected. This is when my account went into arrears. I do feel that given the above circumstances, I should not be penalised for this matter. I should NOT have had a payment taken on XX/XX/XXXX and by varying the date and amount of the direct debit you have, I feel you have breached the Direct Debit Guarantee offered to consumers, and shall consider pursuing this with the Office of Fair Trading. With regards to the arrears on my account, I do not feel that I should be out of pocket for a mistake made by yourselves. **YOU NEED TO PUT HERE HOW YOU WANT TO RESOLVE THE ARREARS ISSUE** I should advise you that should this matter not be resolved to mutually satisfying conclusion, then I shall have no choice but to refer this matter to an external party for further investigation as to the above circumstances and how you were able to obtain an unauthorised payment. Yours Sincerely, XXXXXXXX

ok, i will do it now for you. However, if your account was not in arrears to start with, then they took a payment and then one was missed, surely it should be £0 now as when they incorrectly took a payment, it would have put your account in credit??

well, in all fairness, you have agreed for them to fit an air filter but not expressed whether or not they should use a new or used - the verbal contract you describe above is agreed for a used filter, as opposed to a new one. So if they are not having any luck in finding one, could you not source one maybe and they could fit it for you? With regards to the reverse light, when did it have an MOT? this would have been picked up and if it was just before you bought it, then bingo - you've got something major to complain about! However, you have no proof or evidence to say the reverse lights did not work when you picked the vehicle up - and you're not alone, many consumers purchase vehicles without checking for certain things (I know I haven't previously). However, it does come down to the goodwill of the garage to repair this - they aren't under any legal obligation because it wouldn't be a necessary operational component (although legally it would be) but mechanically not. As ridiculous as it sounds, the law would argue that the reverse lights are not a fundamental part of the vehicle and their failiure doesn't constitute any breach of a contract - this is in the sense that the vehicle needs to be fit for the purpose it was intended for, i.e. drive! On the whole, you did agree to enter into a contact with the sender with full knowledge of the problems that the vehicle had, and this leaves you with little comeback, unfortunately. However, because they have admitted that they would fit a new airbox, and you have this in writing, it could be argued that it is a breach of contract - the solution to this is damages, and possibly you could argue you didn't want the car; it's not something written in stone. But it is an expressed term of a contract and they are not fulfilling it and so legally, you have a case to sue them for breach of contract. However, my advice would be as above - source one and ask them to fit it for you!

Just out of interest, what are they financing for you and how much is the DD? I am presuming from reading your post that your account with them is in arrears, because they took a payment too early which left no money in your account to pay the due payment?? I will draft you a letter if you can answer the above.