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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes 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?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app 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.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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?  No
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CCA, DCAs and the Unfair Commercial Practices Directive


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I have been trying to get information from the DCA (Link) that I need (for court case) for some time now and decided to contact the OC today to try to find out what information they still hold. The OC was First National, now GE Money. I was informed that they don't hold any information relating to this account as when the debt was sold, all documentation is then passed to the Assignee. What about the money laundering Act, I thought they were required, even following assignment of a debt, to retain records for a minimum of five years:

 

key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

 

Apparently not though. I was informed that Link are the creditor (this really is a joke, given that Link say the exact opposite). I pointed out that Link are not the creditor, they claim to be the owner with the benefits of the agreement, but not the duties. G E money claimed that this was not the case.

 

I then stated that I would send a S.A.R - (Subject Access Request)'s to GE Money and they would then be legally obliged to respond. I was told that the £10 cheque would be returned, as they don't have anything.

 

Talk about banging your head against a wall!!

 

Still pursuing the TS issue re: Link - some of the managers at TS had a meeting on Monday to discuss my complaint and should receive a response to the outcome shortly.....

 

Magda

 

Never mind which one of them is responsible for keeping the CCA, get the above in writing because it puts Link in the position of being the keeper of the documentation and restricts their attempts of wriggling out of responsibility. Without reading the thread again, it could even show that Link have been claiming they are not the creditor.

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Never mind which one of them is responsible for keeping the CCA, get the above in writing because it puts Link in the position of being the keeper of the documentation and restricts their attempts of wriggling out of responsibility. Without reading the thread again, it could even show that Link have been claiming they are not the creditor.

 

Hi Aktiv, that's a good idea - perhaps I will send a S.A.R - (Subject Access Request) anyway to GE Money, and no doubt they will write back confirming that link is the creditor and as such holds all documentation. It would certainly help in court when Link are claiming the opposite. Many thanks, Magda

Edited by MAGDA
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The letter that Bankfodder has kindly drafted for sending to the OFT regading invalid CCAs in the following link. Can this also be used where it is still the original Credit Card company or their Inhouse lackeys sending the letter . eg Barclaycard/Mercers ?

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html#post1561080

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Then that is what I will do BB :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...
Just for clarity the rule that said they commit an offence after 30 days no longer applies, they are still in default of your request, but im afraid it no longer makes them criminals, as of may 2008

 

 

erm how exactly? i thought it just made them creditors??

 

cheers,

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  • 5 weeks later...

Thought I would just give an update as I have mentioned on this thread the complaint I made to Caerphilly TS re: Link Financial. After many months this is their final response:

 

"My understanding is that your complaint against the above company relates to 2 issues –

a) Harassment

 

b) Delays in provision of information relating to your agreements

I comment as follows:

a) Any offence that may have been committed in relation to harassment would have been at the place it occurred. In this instance your home. Consequently your local Trading Standards Service is the appropriate avenue for dealing with this complaint. (Local TS didn't want to know)

b) Delayed Provision

 

At the time of your request remedies and actions for failure to comply with a request for information properly made under S.77 – 79 of the Consumer Credit Act were both civil and criminal.

 

In considering what is the appropriate action, if any, to take in relation to the alleged criminal breach we have taken into account national and local guidelines on

 

· Dealing with traders who span LA boundaries

 

· Factors to be taken into account when considering enforcement actions.

After giving the matter careful consideration we have concluded that it is not appropriate for this authority to take direct enforcement action in relation to your complaint due to a number of factors which include:

- Subsequent provision of the documents (yes, nine months later, after TS intervention)

- The decision and policy making base of the company is not in our area

- The criminal offences no longer exist; the Act having been amended on the introduction of the Consumer Protection Regulations this year.

Consequently we will be taking no further action in respect of your complaint.

 

Just typical isn't it of TS, and of course, Link can carry on now just as before, fully aware that nothing will be done!! So much for all the new legislation, it is all complete and utter rubbish. magda

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Don't get disheartened Magda - there's always more than one way to skin a cat as they say.

 

Look for the positive - you're learning all the time & persistence usually wins the day. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Don't get disheartened Magda - there's always more than one way to skin a cat as they say.

 

Look for the positive - you're learning all the time & persistence usually wins the day. :)

 

Yes, thanks FG, you're right. I don't intend to let this drop. I did tell TS today that I intend to take it further. It's amazing how it has taken TS six months to basically do nothing. What exactly are they getting paid for? Magda

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Yes, thanks FG, you're right. I don't intend to let this drop. I did tell TS today that I intend to take it further. It's amazing how it has taken TS six months to basically do nothing. What exactly are they getting paid for? Magda

 

TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

 

Yes, starting to reach that conclusion myself. I think they knew from day one that they wouldn't do anything, but they have to appear as though they are doing their jobs, which of course, they aren't. Ah well... back to the drawing board.

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TS along with other government quangos are there simply to get paid at the end of the month, and not make waves in the meanwhile.

 

They have no real interest in resolving your dispute, such actions would only serve to make life more difficult for them.

 

Hmm... could it be they're just copying their masters, the politicians? :rolleyes:

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hmm... could it be they're just copying their masters, the politicians? :rolleyes:

 

Ah but the polititians are taking action.

 

As everyone on this site knows, when you have borrowed so much your up to you neck, the only solution is to borrow some more!!

 

I wonder if Mr Brown will show up at Number 11 one day.:eek:

 

David

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I wonder if Mr Brown will show up at Number 11 one day.:eek:

 

David

 

He's been there already - THAT's the problem!! :D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Originally Posted by cashins viewpost.gif

I wonder if Mr Brown will show up at Number 11 one day.:shock:

 

David

He's been there already - THAT's the problem!! :grin:

 

Good point, I had forgotten that Mr Brown.

 

Seem to recall he had trouble with his own 'balance' as well prblems balancing the books.

 

David

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as you can see from my signature

 

 

Ray Watson, Director of Consumer Credit, Office of Fair Trading

 

was present and

gave a talk to dca's at the DCA ANNUAL BASH

 

so the dca's simply now have no excuses ..........

 

 

10.20 Legal & regulatory aspects of collections

 

 

:cool: sunbathing in juan les pins de temps en temps

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as you can see from my signature

 

 

Ray Watson, Director of Consumer Credit, Office of Fair Trading

 

was present and

gave a talk to dca's at the DCA ANNUAL BASH

 

so the dca's simply now have no excuses ..........

 

 

10.20 Legal & regulatory aspects of collections

 

 

 

 

 

Ah yes, but he might just have reassured them that the OFT hasn't ever taken any meaningful enforcement action against a DCA, so they can carry on as they are, and thanks for the dinner and all the champagne...

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Ah yes, but he might just have reassured them that the OFT hasn't ever taken any meaningful enforcement action against a DCA, so they can carry on as they are, and thanks for the dinner and all the champagne...

 

Be suprised if anyone heard him as they were all probably in the bar at that point.

 

David

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