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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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freakyleaky

H.O.L Test case appeal. Judgement Declared. ***See Announcements***

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Thanks jowalshy i will have a look tomorrow bit late now got to make the wife a cup of tea and a biscuit;) before we go to bed.

Also thank you tonycee for your info i'll do the same tomorrow you're a purrrrrfect gent:) .goodnight.

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The banks are admitting it's a service which falls under UTCCR reg's even though they have made it quite clear in the past it's a 'breach of contract' to the customers.

 

They are saying though because these services are packaged all nicely together for every man woman and child they don't apply. They say it's because people have a choice on how they use the package. (Dear Bank, did you let me know about all these other packages that exsisted at the time of opening the account or at anytime to the point of me writing you a letter?)

 

Mis-Selling.

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Thanks for the heads up I have tried goooogle but lacking in update information on whats what.


Master Sun SAID:

Ultimate Excellence Lies Not in Winning Every Battle

But In Defeating the Enemy Without Ever Fighting.8-)

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Hallelujah! Now they are addressing the important bit. Now what I'd like to see examined is a simple "yes or no" Do these "services" generate a profit?

 

If yes, then does this confirm that thousands of written defences for cases currently in the system, that claim that the charges are to cover admin costs are untruthful? If not, why not?

 

How do these "services", in terms of cause & action, differ from the old system of "to cover admin costs". This comparison should be made imo because whilst there are active cases still being defended with the "to cover our costs" argument, they are entirely relevant to this case..

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is there anywhere we can go (on the web) where we can get an update of whats happening on this test case?

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ha ha i know this site but there doesn't seem to be much else info elsewhere.:(

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Penalty Charges has someone posting an update more or less daily, and MSE also sent someone (but not sure if it was every day or not, I think maybe not). Both of these are by members of the public, not legal people or trained to report objectively, so whatever you read will be a personal view of the reporter, with all it entails in the way of bias, but you can still get a view that way. :-)

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Hi Mr Moderator/Bookworm, now that avatar looks really like a Bookworm ,instead of a snooker player;) (hope you have a sense of humour life is too short hey?) Anyway thanks for the info on your last post shall be onto it as soon as have finished this post ,cheers matey..

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Hi Selv. Just thought I would let you know that "Mr Moderator/Bookworm" is actually a lady!:)


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Cheers freakyleaky, having only been a member on the site for only a few weeks there was nothing in any of the posts I have read to assume the Bookworm was female so I appologise to Miss or Mrs Bookworm for my apparent error.Incidentally I know plenty of women that play snooker with or without glasses;)

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Nice one Bookworm now I see you in a completely different way ,so in future I will be more carefull what I say about you:o .Incidentally have you ever played?

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Nope. I used to play a mean game of pools in my youth though. ;-)

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To be honest Bookworm with the ammount of posts you do on this forum you probably do not have time to cook?

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You'd be wrong, as we speak, I have half a wild salmon with coconut milk, lime juice, pepper, chilli pepper, ginger, garlic, tomatoes in the oven, should be ready in about 10 mns. First time I am trying the recipe. :-)

 

(Now we're REALLY off the OFT case topic! :lol:)

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I will be around in 9mins I love Salmon.(guessed you had a sense of humour)XX

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The test case arguments are drawing to a close and the hearing is likely to be over by Friday. No sitting on Thursday.

 

Today, Counsel for Barclays in particular raised with the judge the issue of stayed cases. It was pointed out that many of the stays which had been granted were due to expire at the end of the test case hearing - which is likely to be on Friday.

 

Unsurprisingly the banks were concerned that the stays would automatically be lifted. The judge took this on board but instead of making an order, he commented upon the need to be even-handed about the matter and said that he would reflect on the issue and decide what recommendation he might make to the County Court judiciary.


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Im still quite frustrated that the "to cover our costs" defence is not being examined. I'm sure there are thousands of cases in the system that have been stayed where this was still the written defence. If they were stayed because of the test case, then they are relevant & should have been examined imo.

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:D come everypeeps lets wish the OFT good luck, I hope that "bullying big brother" gets a slap just where it hurts. Banks and other financial institutions are uncaring,profit chasing, bas****s who dont care who they hurt or stand on just to squeeze a bit more profit from the masses.

 

ooops get down from soapbox and hides in corner:o

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to cover our costs

this is already in their seperate investigations hence no need at this time to bring up this subject / i think

patrickq1


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Yes, it could be part of their further investigation if they were given power to make the ruling, but I believe that this method of defence should have been looked at in this test case. It would have shown the judge and the world just how blatant bankers have been in trying to dodge the law..

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