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Everything posted by Todge

  1. Hi, peeps. Haven't been about for a bit, but now getting back into things as two friends have been very badly mauled by 'bailiffs'. Start here ..[edit] Good luck - I'm now assisting in two cases, neither of whom are CAGers, but I will post up each stage as things get going. (*) I particularly liked the bits regarding the Fraud Act 2006 ... Marstons, your card is marked. It's good to be back. Xx, T.
  2. Oggy1 Whether you 'ticked a box' or not, the key issue is whether or not the company or agent properly underwrote the PPI policy. For a contract of insurance, this means that they must have considered your financial situation, self-employed status, other cover that you may already have had, and so on. Contracts of insurance require this process to be carried out thoroughly. Ticking a box just isn't good enough, and (IMHO) you have been mis-sold. Ask for it to be cancelled 'ab initio', and for a full refund of premiums and interest charged. Very best of luck. T.
  3. Just to pick up on the 'debt avoidance' morality issue. I understand completely about the moral/legal position of the mods of this site. I understand the 'you spent it, now pay it back' argument. When I joined this site, I genuinely believed that I could trust my bank and any member of the financial industry to act with decency, professionalism and compassion - I was looking for advice (after going through a 'rough patch') on the best way to deal with debt, and getting on with things. It was hard work, but I got there - paid back to the penny. Since then, I helped whoever I could while on the site, but work pressures prevented, and eventually halted my involvement. I have helped some close friends and family sort out various issues - some issues linked to this site and others not. This site, incidentally, has never failed to provide what I needed - with a bit of nous and effort, and a pinch of 'get up and fight'. I believe I helped one particular person just in the nick of time. I popped in on an old friend just to catch up and found her in tears slumped on the floor surrounded by DCA letters, threats and demands. Reading through the seemingly countless (50+?) letters, the threats of bailiffs breaking in, of being hauled into court and losing her home, her job, her reputation, and her ultimate fear (due to her impending divorce) of losing her 4 year old daughter had just about been enough for her. The dozen calls a day on her mobile had just about done it. I didn't twig at first, but on her coffee table was an open bottle of pills and a bottle of whisky. On my return after a quick loo visit, the pills and whisky had gone - she had hidden them. And then the penny dropped about what she was contemplating. After nearly three tear-filled (on both sides) hours I got her into a mentally fists up state, we had drafted about a dozen letters/CCA request/income/outgo statements etc. Nearly six months later, she's very nearly sorted out - not too far left to go at all. As far as I am concerned, the gloves are off with the banks, loan companies, 'club book' operators - loan sharks, the lot of them. Vermin, who are unfit to walk God's green earth. If I can help anyone, I will. If it means getting debt written down or written off, then so be it. We are overwhelmed with consumer law, financial guardians, and the whole legal process designed to 'protect'. Most of it is thoroughly useless, as many of you will no doubt have experienced first hand. I have lost all faith in an entire industry with whom I would have previously trusted my life - an industry I genuinely believed may have taken the life of a dearest, sweet friend. If there are any DCA's logged in, and you have any kind of spine whatsoever, then blow the whistle and resign. Either that or burn in hell. Rant over - apologies if this post offends anyones moral sensibilities.
  4. Hi, Fluffy Viper As you still have an outstanding balance with WF, they may well insist on simply off-setting any credit against it. You can try asking for a cheque - you may get lucky. WF need a good long look at by the FSA - make sure you send them details of your case. Good luck, T.
  5. If they deny a contract, how can they claim any money? Either way, their redress for your trespass is a reasonable sum in compensation. Offer them £5.00. Ask your girlfriend to read a few threads on this section of the site. I'll bet she goes from being slightly nervous about the whole thing to being bloody angry about someone ripping her off. T. The Administration of Justice Act 1970. Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: (d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
  6. Hi, jster$$$ Look for the Heading "Interest rate" in the Spreadsheet tab "8% Interest" and change it to 41.6. (Cell I3, I think?). Good luck - get back if you need any more help. T.
  7. Hi Mom! I'm currently guiding a friend through an LTSB case - he's bricking it, and prob would have given up by now. Prob wouldn't have started, if I'm honest. Your post sums up so much of what this site is about - the free exchange of help, advice and information so that we can, at least, have a chance of being treated evenly. Very best of luck with your case, Nat. T.
  8. stan "Perhaps you would care to entertain me with your comments." Blinding, truly blinding! Love it. T.
  9. Charlotte You can ask the court for small claims track - they will probably ask the 'other side' if they object. I'll bet they dont object at all. If you do get fast track, check out CPR18 ... T.
  10. haigh74 You do indeed need to get it right - it'll cost you to amend it once issued. Have a steady, diligent read through this, and other N1 posts ... do not rush in to it ... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html This thread is also useful: http://www.consumeractiongroup.co.uk/forum/alliance-leicester/71583-about-start-small-claims.html Search for others. And yes, they will cash the cheque ... HTH, T.
  11. charlotte Quick question: Why fast track? Why not small claims track? How much is the basic claim for (without interest, costs or fees?) T.
  12. magone Chances are good that you are NOT the first person to have received such a letter - have you searched the site for it? (Something like '"consumer action group lowell connaught (add a few keywords from the letter)" and then press search.) Have a read through some threads and, get busy. (And if in doubt, ask.) HTH, T
  13. Baron H The basic principle behind reclaiming your charges is that when they charge you £38 for sending you a letter, this considered a penalty charge - i.e. that it does not cost them £38 to do what they have done, and that effectively they are penalising you. If they had manually dealt with your 'transgression', and had genuinely spent some time and effort in sorting out your account, then they could justify the charge that they have levied. Banks tend not to record this information, and so normally reply that they either don't have it, or they ignore that part of the S.A.R - (Subject Access Request) request in it's entirety. This means they cannot disprove your argument that they have penalised you, and that you are entitled to the charges back. Hope this makes sense. HTH, T.
  14. Todge

    Lisaf v Abbey

    Hi, Lisaf All may not be lost - but you must contact the court as soon as you can. Worst case scenario, I believe, is that you may have to start again, but a bundle submission date that far ahead sounds like a court 'mess up'? I stand to be corrected here, but court bundle submission is usually more like 21 days for the claimant, and 7 days for the defendant? When was the letter dated? It is possible that they meant 21st July and just got it wrong in the letter? It happens ... Call the court and find out. HTH, T.
  15. Rameses There are 'bad apples' in every group of society, as I'm sure you'll agree. As an intrinsically honest person, I have to say that I partially agree with your position that debt evasion does not benefit society as whole. Laws, however, must be obeyed - by us all. As a former DCA (I'm guessing), your viewpoint has a place on this site - perhaps expressed more informatively than confrontationally. HTH, T.
  16. Hi, sas Similar situation: http://www.consumeractiongroup.co.uk/forum/first-direct/54342-jay-fd-small-question.html Useful link: http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/69359-cant-find-what-youre.html Even more useful link (IMHO) ... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html HTH, T.
  17. rochvespa Can you post up your 'Particulars of Claim'? Are they the PoC's from this site? Also, which Court is it? If you need to amend your details - which is allowed - check out BankFodders post here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html CPR16.4, if you fancy a read (it's a bit dull, but informative!), is here: PART 16 - STATEMENTS OF CASE It's just another hurdle they put in the way - it gets the standard CAG reaction: 'Brace yourself, clear it, and carry on' Will be back ... ADDENDUM: Which bank and which Solicitors? HTH, T.
  18. Hi, hd Which of our esteemed financial institutions have treated you less than honestly? Get reading! ;-) T.
  19. Pricey Send an S.A.R - (Subject Access Request) to the Halifax, mentioning the addresses that are appropriate, with time periods as best as you can determine. They will (should) do the rest. The S.A.R - (Subject Access Request) technically does not need an account number - under the Data Protection Act the request is for information held about an individual. Remember to send it "First Class Recorded (Signed For)", and to log on to the Royal Mail site www.royalmail.com a few days later and print off the 'proof of delivery',(( look for the 'Top Links' bit (in grey) on the right, and follow down to the red ">Track an item" link.)) Set your diary for 40 days, and start preparing for when the statements are received - I'm guessing that you know a bit about the spreadsheet, the prelim letter and the LBA already ... ;-) ;-) (Well done, btw!) HTH, T
  20. charlotte CPR 39.5 is just reminding you to put your case 'bundle' together, and in good time. PART 39 - MISCELLANEOUS PROVISIONS RELATING TO HEARINGS "39.5 (1) Unless the court orders otherwise, the claimant must file a trial bundle containing documents required by – (a) a relevant practice direction; and (b) any court order. (2) The claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial." NB: Did the court issue any Directions? Read them carefully. There are some great threads on here relating to bundle preparation. Look for them, look at your PoC's and print off copies of the law on which you will be relying, look at previous cases, the whole lot. Post #5 is a good place to start: http://www.consumeractiongroup.co.uk/forum/barclays-bank/29032-help-preparing-court-bundle.html Index it properly, send a copy to the opposition solicitor, and one to the Court. "You will find the courts VERY HELPFULL so phone them or visit them." - So true. If in doubt, search the site, if still in doubt ask. Prepare well. And Good luck.
  21. Hi, Toby Have a good read of the YB threads - there is some great info on what to do, what to expect, and how to progress. Do your research - know your enemy. Good luck.
  22. You've done it now, BF. Next we'll want the address, bank, account no etc standing data on the User CP area of CAG, which gets picked up automatically at each stage. This new system will produce all required letters, always the most up to date version, automatically diary dates and events, offer guidance and explanations, follow through with case management decisions, and email reminders at key dates. A modified (ironically role reversed) CRM system (Customer relationship management - Wikipedia, the free encyclopedia) ought to do it - a glorified diary/letter management package. Plenty of free ones on SourceForge. PHP/MySQL would be a good choice - make it easier to interface to the message board architecture. SugarCRM looks like a candidate ... sweet... SourceForge.net: SugarCRM Any techie CAG'ers got a bit of time on their hands? T.
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