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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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Jaws75

Good morning Ladies n Gents!, I think i'm in trouble.

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DANGER will robinson!

 

Many CAGers have experienced problems with the free credit reports... the CRA's can pass your details back to any DCA's that are tracing you :(

 

Use the £2 statutory postal report, unless all the DCA's already know where you are ;)


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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DANGER will robinson!

 

Many CAGers have experienced problems with the free credit reports... the CRA's can pass your details back to any DCA's that are tracing you :(

 

Use the £2 statutory postal report, unless all the DCA's already know where you are ;)

I will use my last know address..a postal report or online..doesn't matter,, the pre paid card is registered at previous address too..but if they do that verifying thing..not sure what it entails...I could have sworn i tried the online thing 2 years ago when i had a debit card at the troubled address, but it couldn't get verified...i gave up in the end...more trouble then it was worth.

You think i could give the Queen's address? I could see them paying it off to avoid balliffs coming around.

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Just had a quick read of your thread Jaws....

 

To be honest, if you have no assets for anyone to get their greedy mits on.... then why are you in such a state of panic over this ? You can only pay what you can afford to pay... and that's assuming that the creditors/DCAs even find you in the first place... and have the correct paperwork that gives them the right to collect payments from you.

 

Why are you so desperate to know what's on your credit report ? By requesting it, you will be tipping them off to where you are anyway. Just live your life... and if they do catch up with you, deal with it then. I'm assuming you have no children.... what would you do if you did ? Keep on running; changing schools over and over again to escape your own shadow ?

 

What do you owe to whom anyway... approx. Can you list them all ?.... type of debts and so on ?

 

:)

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PO Very interesting question!, ..Once upon a time things used to be fine...my student days contributed to alot of debt..bad job choices..etc...

without sounding naive or contradictory...i want to be in control of my finances..& i wouldn't mind getting my bank account back.:)

My inexperience of knowing or understanding what's on my credit file is compelling me to want to find out.

 

I'll be back to list what i owe..

Thank you for taking the time to read my post, really appreciated,:)

 

Jaws

 

 

What do you owe to whom anyway... approx. Can you list them all ?.... type of debts and so on ?

 

:)

Oh boy here are the debts I wrote down roughly, on a scrap of paper 18ths months ago, note: most of them are probably with debt collectors.

 

 

Cahoot loan £10,000:o

Crap One card £400

Lx Di’rectum catalog acc £500

Debit hams gold card £400

Barkclays credit card £2000

Barkclays bank acc & 1st credit -£2000 Original OverDaft only £1000

Yellow pages advert £400

Egghed Card £2,500

Student Moan ltd £5000

AIC (amex) £2,200

Akitva Kapital finiance HP shop purchase GE £2,000

I'm sure there's a social fund from job center in there....£100 oops

:D:D:D

There you go folks, i all naked for everyone to see...make yourselves feel better.:rolleyes:

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The worst scenario is that all of these show up as defaults on your credit file.... and some as CCJs, but for those that aren't yet on there, applying for your credit file will almost certainly tip companies off as to where you are now.

 

The Social Fund debt will probably show up if/when you claim Benefits again.... but there is a maximum amount that DWP are allowed to deduct from your Benefits. As for the rest, unless there's a CCJ in place... you could make a CCA request (if and when they catch up with you) and if all the documentation's in order, offer as little as £1 a week if that's all you can afford. Where there are CCJs, payments on these can be reduced after submitting a N245 form to the court.... providing a company can produce proof that a CCJ was obtained in the first place. In some cases, you can even apply for a CCJ set-aside.... for example, where it's been obtained unlawfully by default or contained a balance with unlawful charges added to it.

 

For the record, Jaws.... I turned my back on several debts in a "previous life" and they never caught up with me. I had several postcards through the door, but they were ignored and that was that. They would be statute-barred by now anyway... I also know there was at least one CCJ from a previous address, but I've heard nothing in approx. 15 years and it's in no way connected to where I am now.

 

I know that makes me look incredibly irresponsible, but I had very good reason for doing it at the time.

 

Hope that helps...

 

:)

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Personally, if DCA's are not calling, I would pretty much forget about them. There's very little they can do anyway, if you have no money and no assets. it's different if you have a chance of repaying them, of course.


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi I'm new on here too, and since I posted a thred on here not long ago I have so much more confedence to deal with my DCA's. As when your at home not anwsering the door because you think its one of them, and it turns out to be the little lady next door, or you wait untill somebody else comes home to pick the post up. (even though it is jut a letter)

 

We cant be scared or worried about them because in many cases this is how we end up in trouble like myself, the more confusion or fear of them there is in a sence the more power they have over people.

 

We just have to face it and take the kind guidence given by the people on this site. Who are excellent. Read some other threads too. As unique as your past is there is always good things too read off other threads.

 

Good Luck

 

 

:)

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Hi I'm new on here too, and since I posted a thred on here not long ago I have so much more confedence to deal with my DCA's. As when your at home not anwsering the door because you think its one of them, and it turns out to be the little lady next door, or you wait untill somebody else comes home to pick the post up. (even though it is jut a letter)

 

:)

 

I still hesitate before I pick the post up or answer the door - and I still use 1471 rather than answer the phone. :o Even though most of my credit baggage has been well and truly disposed of...


BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi Jaws,

 

thanks for the PM.

 

Bankruptcy.

It is unheard of for a creditor to petition for bankrupcy in abscence. The creditor needs to lawfully serve notice of their intention to petition for bankruptcy to you in person. Also, one of the main reasons for going down the bankruptcy route is to seize assets or to recover tax to pay off the debt owed. The OC would only do that if you had assets to sell, or earned a significant annual salary that would recover enough tax to provide a better return than selling it to a DCA. I'll return to this point at the end!

 

CCJ

It is most likely that you would have at least one CCJ, which will increase the enforcement action open to the DCA when they are notified of your new address.

 

No fixed Abode.

You can use your friends address to receive mail as a 'care of' or CO address, but DCAs will pay very little respect to your friend and without doubt start contacting you there via his phone (if he has one). DCAs do not care about the route they take to get to you, as long as they get to you. And if a CCJ has been issued then they are very likely to pass it to a county court bailiff to recover.

 

CRAs

The CRAs have an obligation to members of their 'network' to pass on ALL information you supply, and one of the main ways of doing that is through 'linked addresses'. If you put down your current address and your previous address the CRAs database immediately updates all addresses linked to your previous address and can pull together all debts that were owed for debts going back 10+ years. The key to CRAs is to not use them if you can help it.

 

Bank account

You can have as many current accounts as your heart desires and it is purely up to the new bank to decide if they will give you a new account or not. Your 'loyalty' to Barclays is unfounded and should not be continued with. I'll return to this point at the end. :wink:

 

Bank charges

You have to remeber that reclaiming bank charges is going to cost you more than your going to recover as cash in your pocket. If the banks do decide to refund charges after the test case is completed in July, and if current rumours are to be believed it is likely to be set at the same rate as credit card charges (£12), and so the difference between what you were charged (say £30) and the 'fair' fee (£12) will be refunded. But this money will only reduce you current outstanding overdraft and you will still need to pay off the rest. What's the point!!!! loyalty to Barclays? are you mad. :roll:

 

My reasoning.

Lets be blunt here: you have no assets, you have no home, you have no income, you cannot pay off your debts even if you wanted to! I'm sorry jaws but you have the rest of your life in front of you and it should start NOW. Jaws, you need to petition for your own bankruptcy. It was made to help people out in your position. Yes it will cost you a few hundred pounds but you need to get that money and file for BR. You can open a new basic bank account with the co-op or halifax on the day you are declared bankrupt, and you can start a fresh. No running, no hiding, no hassle. Your friends will not be involved and your parents will understand. You can use your friends address by telling the court clerk you are NFA (they have seen it all before), just ensure the OR knows your previous address. I'm confident you would be granted an early discharge (less than a year) and this time next year your life will have turned around my friend.

 

PM if you need more advice.

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Hi Jaws,

 

thanks for the PM.

 

Bankruptcy.

It is unheard of for a creditor to petition for bankrupcy in abscence. The creditor needs to lawfully serve notice of their intention to petition for bankruptcy to you in person. Also, one of the main reasons for going down the bankruptcy route is to seize assets or to recover tax to pay off the debt owed. In theory, this is true, but in practice it is not true, since the Statutory Demand can be left at the last known residence via postal service, if all other methods fail. There has been one case I was involved in where due to certain complications (the service of the document on another person resident at the address) a bankruptcy petition was granted, and it took months to win the court case and get that bankruptcy set aside, but that is an exceptional circumstance. The OC would only do that if you had assets to sell, or earned a significant annual salary that would recover enough tax to provide a better return than selling it to a DCA. I'll return to this point at the end! i agree. they must believe they will recover at least £1,800 pounds for there to be any economic justification, and in practice people only have a bankruptcy petition if they have significant assets, like a house.

 

CCJ

It is most likely that you would have at least one CCJ, which will increase the enforcement action open to the DCA when they are notified of your new address.

This is quite possible, but far from certain. DCA's generally have to do an economic calculation, and will only go for a a CCJ if they are likely to regain the cost of doing so.

 

No fixed Abode.

You can use your friends address to receive mail as a 'care of' or CO address, but DCAs will pay very little respect to your friend and without doubt start contacting you there via his phone (if he has one). DCAs do not care about the route they take to get to you, as long as they get to you. And if a CCJ has been issued then they are very likely to pass it to a county court bailiff to recover.

it would be unlawful for them to call the friends phone number without his permission, once they are informed that the debtor is not resident. to do so would leave them open to both civil action and criminal prosecution.

CRAs

The CRAs have an obligation to members of their 'network' to pass on ALL information you supply, and one of the main ways of doing that is through 'linked addresses'. If you put down your current address and your previous address the CRAs database immediately updates all addresses linked to your previous address and can pull together all debts that were owed for debts going back 10+ years. The key to CRAs is to not use them if you can help it.

 

Bank account

You can have as many current accounts as your heart desires and it is purely up to the new bank to decide if they will give you a new account or not. Your 'loyalty' to Barclays is unfounded and should not be continued with. I'll return to this point at the end. :wink:

I agree completly.

 

Bank charges

You have to remeber that reclaiming bank charges is going to cost you more than your going to recover as cash in your pocket. If the banks do decide to refund charges after the test case is completed in July, and if current rumours are to be believed it is likely to be set at the same rate as credit card charges (£12), and so the difference between what you were charged (say £30) and the 'fair' fee (£12) will be refunded.

This is incorrect, a 'fair fee' has never been set, the OFT merely said they would not investigate fees of £12 or less, because they were swamped with complaints. very many CAG members continued to get the entire amount refunded, and CAG's historic information was that the costs of late payment etc were never greater than £5.

But this money will only reduce you current outstanding overdraft and you will still need to pay off the rest. What's the point!!!! loyalty to Barclays? are you mad. :roll:

When you take into account interest charges, and etc over the lifetime of the agreement, very many memebers of CAG have recovered far more than the amount of the overdraft. £20 at a contractual rate over 6 years can be a heck of a lot of money.

Plus, being unemployed an on benefit, the cost of applying to the court is free for these cases.

My reasoning.

Lets be blunt here: you have no assets, you have no home, you have no income, you cannot pay off your debts even if you wanted to! I'm sorry jaws but you have the rest of your life in front of you and it should start NOW. Jaws, you need to petition for your own bankruptcy. It was made to help people out in your position.

Actually, in his position I would consider a nominal F&FS offer. Even 1% is going to be higher than a bankruptcy will recover. Send a copy of the bankruptcy form, and the offer, and see what the DCA says.

 

Yes it will cost you a few hundred pounds but you need to get that money and file for BR. You can open a new basic bank account with the co-op or halifax on the day you are declared bankrupt, and you can start a fresh. No running, no hiding, no hassle. Your friends will not be involved and your parents will understand. You can use your friends address by telling the court clerk you are NFA (they have seen it all before), just ensure the OR knows your previous address. I'm confident you would be granted an early discharge (less than a year) and this time next year your life will have turned around my friend.

 

PM if you need more advice.

 

I will agree though that, frankly, there is very little to lose by applying for bankruptcy in his position. with credit record FCUK'd already, and the fact the only cost will be the cost of applying... and, if i were you, I would contact your local vicar and see if the church can help with that cost. they have some funds they can call on.


i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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So where's the wondrous news then? Huh? what..? are they immune to the crunch? ..and to say i came back to the forum to hear such good news.

I was hoping that some of the lesser known DCA'S would sink without a trace..inc my debts...what will it take? Sorry i'm just naive :rolleyes:

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Unfortunately, there are still way too many people who don't know their rights being ripped off by the DCA **** :mad:


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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tell you what babybear39, ever since i found out that the DCA's was just an old bankers ghost story to frighten ppl...i haven't worried as much..:wink:

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Hi folks!

It's been a while, just wanted to share with you what i've been doing about my debt since my last post on CAG......I've done...................Nowt!:D

O.k i know, shame on me..:rolleyes: Which brings me to beg this Question.

 

I just received a ...(deep breath)

Statutory Demand under section 268(1)(a) of the Insolvency Act 1986. Debt for Liquidated Sum Payable Immediatley!!!.. (how sweet!)

So whats this mean in English? Let me see, hopefully.."hello dear sir! Congrats! now sit back and make a nice cuppa cos were gonna save you a bankruptcy fee! Pls tell me this is true!!!! Cos i dont give a monkeys.;)

 

couple of points.

 

1. i decided a while ago (not publicly) that i will become a guinea pig in an experiment involving the non compliance of paying my debts. why? Cos really, i don't give a monkeys anymore.

 

2. i don't want to set a bad example, but a good example of how these debt threats should not interfere with your personal life, stay happy & healthy , Infact stop your suffering now and watch me supposedly suffer instead. hopefully it'll make you feel better that for the reason i'm purposely doing this..is for entertainment value, then you will know that there's nothing to fear but fear itself.

 

3. pay your bills if you can. but if you can you wouldn't be reading this right?? :p

 

Wish me good luck!!!

 

 

Edited by Jaws75

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Hi, it's me..Jaws. ya'know the one in hiding, pretty successful too. i think the head in the sand is great, i've mastered a way of bending my neck to avoid muscular pains...also you need a straw to breathe the air. :D

 

Question ermm..well it goes like this,

so a company can't provide a copy of a proper agreement...therefore debt not enforceable. i suppose it doesn't count that you might (and probably) have a copy yourself in a folder somewhere. i know alot of ppl that keep copies in a folder, its the done thing. i'm one of them..but that doesn't count right? We just turn a blind eye.

Perhaps i have an advantage?!, call craphouse credit under a different name and sell my copy to em for a 99% discount of the final amount? Call me a private investigator, maybe there's business to be made here;)

 

nah back to the sand then..:D

 

thanks for reading.

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that is an interesting ethical dilemma.

 

If they cannot provide a copy and YOU have one - then they could conceivably request you produce it at court (using a pre action disclosure)

 

And failing to disclose it may be some kind of offence (fraud deception whatever)

 

Having said that correspondence does get lost quite a lot - the banks and DCA's seem to lose an inordinate amount - so if you DO have such an agreement - keep it very very safe , lest it go missing..........

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Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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I would be seriously tempted to sit tight on this. Send them a reminder and sign it - maybe slightly differently than you do normally. Then you will be able to see if they concoct a 'photoshop special'. If they do that then you've got them for fraud.

 

Fred

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Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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that's a good plan, i'll see how many i can dig out. ;)

i wonder if your debt would get thrown out of court if i could prove fraudulent fixing on their agreement copy compared to mine. Of course it doesn't matter if i always had a copy (if court questions why i never produced it) as it's pretty normal to lose it then find it again whilst spring cleaning...if you catch my drift.

Anyway interesting scenario. No doubt someone is gonna come along soon and post "nah forget it! you'll end up paying double...bad idea!' until then.. i'll sit on it.

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You can produce the agreement in court to catch them out for fraud – remember the time when you were reviewing your paper work and unfortunately you spilled a cup of coffee (unfortunately) over the prescribed terms on your copy – which of course renders the agreement illegible (well the important bits any way) and unenforceable.

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hi, sorry i know i jumped the bandwagon pretty late, but is it true that most if not all credit card agreements taken out before April 2007 are pretty much not enforceable? I read about it on the Card Wipe out company website. Probably not...otherwise there wouldn't be so many problems posted here.:confused:

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yes i remember the coffee spilling... how very unfortunate indeed..:oops:

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If that happened to me I think I'd go straight to the Old Bill.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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spilling coffee is a crime now? DAMN I thoughngt this govt were over legislating but it really is getting ridiculous


Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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