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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Got my sar docs back ! what next ?


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Morning All,

Have sent of my first claim for charges and ppi for one of my credit cards(after a lot of help from HHNF!) but the other two have not complied with my S.A.R - (Subject Access Request).

I have sent both of these companies a letter before action,but i was wondering what the actual process is when you apply to the court to force them to comply,are there any particular forms you need to ask for etc ?

 

Thanks Guys:)

Hello Shammy, have you checked that they received them on the royal mail website and did you send them this non-compliance letter. Did they cash the cheque???????

 

Data Protection Act - Non-Compliance - Template Letters.

 

If you did, then you need to report them to the information Commissioners office and ask them for assistance.

 

Have a look for the information in the statutory links in the main page of the forum. There is a complaints form that you can download.

 

Also if it gets to this stage, you can issue court proceeding to get ithe SAR. You will find information regarding this in the bank template letters section on the main page of the forum:grin:

 

Good luck and shout if you need help:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi hell,

Just checked with royal mail and one has been delivered,but the other one sent to rbs cc on 5/2/08 has been lost and the nice lady said i must now fill in a claim form:mad: but i have already sent off the lba to rbs.

 

To make matters worse i cant find the reciept for the postal order!!!!!!!!

 

HAPPY DAYS!!! :mad:

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hi hell,

Just checked with royal mail and one has been delivered,but the other one sent to rbs cc on 5/2/08 has been lost and the nice lady said i must now fill in a claim form:mad: but i have already sent off the lba to rbs.

 

To make matters worse i cant find the reciept for the postal order!!!!!!!!

 

HAPPY DAYS!!! :mad:

 

Hello Shammy,

 

Stop looking for it and it will come to you, works for me;)

 

Well wait and see what they come up with:wink: You can always send another, when you find the receipt for the postal order:)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi hell,

will do............ probably flew out of my pocket when i was trying out my new deluxe wheel !!:grin: :grin:

 

:lol: :lol: :lol:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Guys

Had a reply from one of my ccards that i sent out an lba,checked on the royal mail site it was delivered on the 25,and the reply was dated the 25.

"Dont those lba letters make these people react like stung whippets" !:lol:

 

The reply says that their enquires are not yet complete(funny that...when they sent me my S.A.R - (Subject Access Request) they said that enclosed was all the infirmation they hold on me) and would be in touch as soon as possible.

 

Should i give them more time,or carry on with the court route ? I must admit iam not feeling very charitable towards these people at the moment after all the grief they have given me:rolleyes:

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bump

 

Hello Shammy,

 

Did you send the company a preliminary letter and then a letter before action.

 

It is your call really regarding whether or not to give them a bit more time as long as they don't take the tea and the biscuits. or you can issue legal proceeding against them. This will take time to get your particulars of claim correct.

 

On the one hand you will be seen to be fair and give then a reasonable time to respond, on the other they make not take you seriously. On the other hand (oops thats 3) they may come up with the goods.

 

Your call:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Thanks for the advice Hell,

The missing co-op statements arrived this morning:) so now time to hit them with the i would like my ppi back letter.No reply from tesco rbs ccard after sending them the lba,times up tomorrow.

 

Many thanks Hell,will keep you updated:-D

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  • 2 weeks later...

Hi All,

Tesco credit card statements arrived today,even after the royal mail said my sar letter had been lost in transit !!!!!.

I did send them a lba just before i found out from the royal mail website that my sar had not arrived(thanks to HHNF for telling me to wait and see what they come up with:) ) I think it just shows that these institutions are in such a mess with the volume of claims flooding in that they have not got a clue whats going on.Can only be good for us :lol:

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  • 3 weeks later...

Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

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Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.?????????????????

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

 

Hello Shammy,

 

What did you put in the letter you send them:o

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Guys,

Bit of an update on my long running ppi/chrges crusade.

 

Had a letter from the co-op regarding my cca request i sent brian carter in feb.The letter is as follows.

 

"Your letter to our agents suggests that the bank is required to provide three seperate documents before you recognise your financial obligation to the bank.Unfortunatly you appear to be quoting US legislation which is not applicable in this country.

 

At this stage i have enclosed statments which represents

periods between April 2003 and March 2008.These statments confirm that you have utilised the account on a regular basis and that you have had the benifit of credit available to you and have made payments to the account manually and by utilising the direct debit facility.

 

I trust that this demonstrates that the debt is accuratly recorded in your name and that statments have been issued to the address that you provided,and that features and facilities of the account have been provided in line with the terms and conditions of the account

 

As such if you fail to make payments we will arrange for the banks debt recovery procedures to be applied blah blah blaaah."

 

Ok,firstly would i be right in thinking that they obviously dont have a valid cca,and also i have already lodged a claim with them for a return of mis sold ppi and charges which puts the account in dispute.

 

Any thoughts on how to reply to the "customer led ethically guided" toe rags would be most appreciated. Thanks Guys:)

 

Hello Shammy

 

Ok is this their response to your ca request and Brian Carters are their agents. In what respect are BC their agents, are they a DCA???????

 

Can you post up your letter that you sent them please:D So we know how to respond to this

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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HI Hell,

yes brian carter is a dca,but the letter i sent them was a basic cca request from the templates section,unless they are refering to the S.A.R - (Subject Access Request) i sent them but they are both from the templates section

 

 

Hello Shammy,

 

Have you thought how you are going to respond to this rather biazarre letter from them.

 

I am rather fond of a arguement for arguements sake, can't stand when they give riduculous responses and think that they have the last say:-x

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell,

Ive been racking my brains on how to word a suitable reply,any ideas ?

I wonder if they have opened a new department for ludicrus replys,you know the old saying if you give a million monkeys a million typewriters eventually one of them might come up with a valid cca:D :D

 

It does sound to me like they have no cca by the gist of the letter though,and i wonder should i state in my reply that the acc is in dispute because i have a claim in for a refund of charges and ppi

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Hello Shammy,

do not mean to but in on your thread but I was pleased to see this....

 

"Dont those lba letters make these people react like stung whippets"

 

It is nice to see a response from the people. Sadly my bank ( and I use the terms with reservations ) actually have responded like dead sloths. I am coming up against a solid brick wall with regard to SAR.

 

Good luck with your reclaim

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hi Hell,

Ive been racking my brains on how to word a suitable reply,any ideas ?

I wonder if they have opened a new department for ludicrus replys,you know the old saying if you give a million monkeys a million typewriters eventually one of them might come up with a valid cca:D :D

 

It does sound to me like they have no cca by the gist of the letter though,and i wonder should i state in my reply that the acc is in dispute because i have a claim in for a refund of charges and ppi

 

Hello Shammy,

 

Ok if the Dca have not complied to your request under section 77/79 of the CCA, within the 12 working days they have committed a breach, if this continues for 1 further month they have committed a criminal offence. So the account would be consider in legal dispute after the 12 working days:-D

 

Are the dca owners of the alleged debt or acting on the original lenders instructions;)

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Hell,

After a lot of trawling through my paperwork it was a sar that i sent them on 5/2/08 from a basic template letter on cag.It seems that there are two different depts working on this as they have already complied with my sar weeks ago,then the other day more statements arrived with the letter saying that my request was not valid under uk law from a different dept.What a mess !

 

Regarding the cca request,brian carter are in breach and have gone over the time and have commited an offence. Iam not sure if they own the debt or not,how would i find this out ?

 

Thanks Hell your help is much appreciated :)

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