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  1. As a result of an accident recently, my car has been written off and I have had to cancel my own car insurance - do not intend to buy another car for a while. Liability is not disputed, the other party has admitted fault and most aspects of the claim have been agreed but there is one sticking point. I now owe my broker around £250, which is made up of a number of things and I believe that the other party's insurers should pay these charges as they have arisen as a direct result of the accident. They don't seem to see it this way however and I was wondering if anyone could advise as to the strength of my claim?
  2. Thanks for the reply Tartan Barty, this is really the crux of the matter - if they cannot prove that the debt is enforceable and they send the original application form in response to the SAR request then I would have thought there is no legal basis for a default to be registered. It may well be that the only thing to do is take them to court and see what happens although if I do go to court, I would like to win! Will be interesting to see what others have to say however thank you for your input.
  3. Hi All, I applied for a Capital One credit card in July 2004 and after having problems with late payment charges, they registered a default a year or so later. Since then I've had various communications with both Capital One and Robinson Way DCA regarding the charges and the default. In a nutshell, the amount allegedly owed is around £700.00 and is entirely comprised of these late payment and missed payment charges. After following guidance from CAG, I sent a Subject Access Request to both Capital One and Robinson Way but have received in return what appears to be an application form signed by myself but with no mention of the prescribed terms as required by the Consumer Credit Act. About 18 months has now passed since receiving the SAR and it is clear to me that the debt is not currently enforceable because I don't hear anything from Robinson Way for months then get a quasi begging letter from them entitled "Where did we go wrong?" If the debt was enforceable then in my opinion Robinson Way would not hesitate in taking action to register the debt in the County Court and would have done so long ago. Now, my main intention is to secure the removal of the default notice from my credit file but am not sure of the best way to go about this. There is lots of good but varying advice on this excellent site and I was wondering if someone could possible guide me as to the best way to approach this problem... Many thanks indeed, Goldenwolf
  4. In relation to PCN's issued by a local authority, is the council's enforcement contractor also permitted to consider and determine the outcome of pre & post NTO representations? I think the statutory guidance says they "should not" rather than "must not" however, even so, if a council's enforcement contractor is also responsible for considering representations and in flagrant breach of guidance from the DfT, would that not be considered a little dodgy to say the least? Very interested to hear people's thoughts on this one.
  5. Hello Everybody, About to file papers against Capital One for repayment of charges & default removal, I seem to be having a bit of problem with the Advanced spreadsheet. For some reason it is not calculating interest for every charge and I cannot work out why. I've completed all the required cells and am now really stumped. Can I pm the details to a moderator perhaps? I've already received what the debt collectors maintain is a "true copy" of the credit agreement although I beg to differ with that opinion. The document lacks the requisite terms of interest, credit limit etc. Anyway, now I've decided to focus my attention to reclaim charges as the outstanding debt is comprised entirely of overlimit charges and late payment charges etc. Oh, and I intend to get the default removed as well. This site has been really helpful and I hope to put what I think I've learned into action!
  6. Hello all, looking for a little advice if poss. I have a complaint with A&L outstanding re bank charges and like everyone else am waiting for the final outcome of the OFT case in the Courts. My question is this. A&L defaulted me approximately 12 months ago and although I have argued that they should not have defaulted me with regards to a disputed debt, A&L have refused to remove the default. It now appears likely that the banks will be given leave to appeal to High Court's decision and given that if an appeal is heard then the whole issue is likely to drag on on for many more months, is there anything that I can do to get this default removed pending the outcome of the cases?
  7. Hi William, thank you for your suggestions, it sounds like a plan to me. Time to get the LBA done off, I will post updates as and when. Thanks again, Rich
  8. Hello all, I would be grateful if anyone could advise re the following situation. A few months ago I accepted a partial settlement from A&L in respect to bounced cheque and paid referral charges (over limit charges were not included in this settlement). Since then, I have continued to have charges applied to my account and due to recent unemployment have been unable to bring the account to within the overdraft limit. A&L have now issued a formal demand for payment and withdrawn banking facilities. The amount I allegedly owe them is less than the paid referral fees and charges incurred since the partial settlement combined. Furthermore, I have received a letter saying that although I accepted their offer as full and final settlement, A&L do not consider the complaint resolved and will not do close the file until after the High Court point of law debate has been heard and ruled upon. Finally, we come to the questions! In light of the above, am I entitled to write to A&L requesting they do not close the account and ask them to halt any proceedings until after the court case? Can I simply write to them and reclaim the charges incurred since the partial settlement and state therefore that the account is in dispute and no action should be taken before the dispute thas been resolved? I am thinking of course that any dispute could not be resolved until after the High Court case? Any comments / advice as to strategy would be gratefully appreciated!
  9. Thank you all for your advice and replies - one further question now if anyone can help. Alpine Action have now replied to my complaint via The Snow Co however they have done so unsatisfactorily. I now want to lodge a claim in the County Court. Can I sue Alpine Action direct without having to involve The Snow Co in proceedings?] Thanks in anticipation
  10. Thanks Bookworm for the reply, I suspected as much to be honest. The unlawful charges are another matter however and I will be pursuing them! Cheers!
  11. Hello all, can anyone shed any light on this? I recently took a holiday - I booked accommodation through a company called The Snow Co. and paid monies to the Snow Co. The accommodation was run by a different company called Alpine Action whom The Snow Co booked the accommodation with. Whilst in the resort there were a number of issues with the accommodation and also with a member of Alpine Action's staff. I intend to seek redress from Alpine Action but do not know legally, who my contract is with. If anyone could shed any light I'd be very grateful. Thanks everyone Richie
  12. Hi Everybody, I made a booking with EasyJet back on 28 January - unbeknown to me they did not debit my card for the flight until 10 March. I had not noticed that they hadn't taken the money from my account and it has taken me over my overdraft limit and I will now incur charges from my bank. Can anyone advise if I may be able to force EasyJet to cover the bank charges. Cheers Richie
  13. Hi Damjef, this is my first post so you may want to double check the info but from what I've read on the forums, once an account is in dispute, no further action should be taken by the bank until the dispite is resolved. Hope that helps Rich
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