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    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Campaign to the OFT against unfair CRA practices.


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Petitioned signed, letter going as soon as I can get my goddam printer to work lol, and link being passed to as much of the world as i can.

 

As for the scheme legalpickle suggests - not a bad idea at all. When all is over, there will need to be something long term and workable in place top regulate the CRA's properly but....

 

I am not up for raising the report fee at all. We have apparently have no choice that these files are kept on us, they can then dictate an awful lot in your life, you have to watch it like a hawk and pay to do this....without choice as I said.

 

How about taking the funds from the huge amounts of money the CRA's make on the side selling our info for marketing/statistical analysis, all the other services they package it up and use it for? If the CRA have to help fund the regulators costs - they may behave a bit better to keep those costs down, no?

 

But then we have the old conflict of interest chestnut, hmmmmmm.

 

I also think that as we have no choice but for the CRA's to hold our info, we should not be forced to pay for access to it - their fees should come from the profits they make selling access to it.

Have to agree with you Dipply.

Although, I have to wander how valuable all this information will continue to be. Our economy, and lifestyles, are experiencing massive problems.

 

What is this down to?

 

Misuse of technology in the pursuit of increased profits.

 

Instead of using technology to streamline unskilled tasks, it has been used to replace skilled tasks (i.e. assessment of credit-worthiness) with disastrous consequences. It is really sad to see so many people being hurt by this. But, if we all work together and stand our ground, the banks are the ones that will ultimately feel the most pain.

 

Imagine if we got groups of people under the same lender to take a stand at the same time. We could cause total and utter destruction within them!

 

But, there are more subtle and effective means...

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Petitioned signed, letter going as soon as I can get my goddam printer to work lol, and link being passed to as much of the world as i can.

 

As for the scheme legalpickle suggests - not a bad idea at all. When all is over, there will need to be something long term and workable in place top regulate the CRA's properly but....

 

I am not up for raising the report fee at all. We have apparently have no choice that these files are kept on us, they can then dictate an awful lot in your life, you have to watch it like a hawk and pay to do this....without choice as I said.

 

How about taking the funds from the huge amounts of money the CRA's make on the side selling our info for marketing/statistical analysis, all the other services they package it up and use it for? If the CRA have to help fund the regulators costs - they may behave a bit better to keep those costs down, no?

 

But then we have the old conflict of interest chestnut, hmmmmmm.

 

I also think that as we have no choice but for the CRA's to hold our info, we should not be forced to pay for access to it - their fees should come from the profits they make selling access to it.

 

 

Dippy: I understand what you are saying and expected it.

 

But, the CRA's and DCA's will do their utmost to try and make sure something like this does not kick off the ground. If the consumers are also paying for it transparently [as otherwise we'll pay for it in other not so transparent ways] it is more likely to succeed.

 

Whilst I understand the frustration with the CRA's, I am more against the DCA's as they are the ones who refuse to tell the CRA to remove the info, knowing it is incorrect and in a lot of cases put it there know it was incorrect. The CRA does not know anything about the case other than what's written in the credit record, so I wouldn't hold them responsible in such a strong way.

 

The end result will be that if anything like this kicks off it will be funded by the consumer. Either by upping taxes, increased expenses from businesses in other ways or other things. If we have a transparent funding mechanism in place this is less likely to happen in a worse scenario.

 

Let's also say - and I know you don't believe it can happen, but the chances are - that a consumer loses their claim. Should that specific consumer pay? Not directly, because if that consumer would have to pay, he/she would most likely not take it to the scheme.

 

That's what happens with parking tickets. If you fail in your representation to the public authority, it goes to an adjudication scheme, unless you pay. If you fail in the adjudication scheme your parking ticket has doubled - i.e. does not get put on hold for the adjudication, only for the first representations. Because of that less people take it to adjudication - even though in those cases the odds show that people would win.

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

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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I would therefore do a mass complaint to the Information Commissioner - Richard Thomas.

 

 

Letters sent Recorded delivery yesterday:D Are we to send copies to the Information COmmissioner as well ?

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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if you wish;)

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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Petitioned signed, letter sent

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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letter sent - email sent - petition signed - sent to Info comm to..

 

i really dislike the Student Loans Company...and the banks atm!?!?!?

Edited by veester

Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

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if you wish;)

 

 

Done :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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Letters sent Recorded delivery yesterday:D

 

 

Both letters signed for yesterday. :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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Had a response back - did mine eletronically:

 

 

Ref: XXXXXXXXXXXXX

Dear XXXX

Thank you for your email to the Office of Fair Trading (OFT). Your complaint has been logged for our records and will add to our understanding of this UK market.

The Office of Fair Trading (OFT) cannot usually take action on cases brought to us by individual consumers. Our primary duties include the enforcement of competition law, the regulation of the consumer credit market through a licensing system and the application of consumer protection legislation in respect of matters that adversely affect the collective interests of UK consumers.

The OFT can also investigate markets that do not appear to be working well for consumers and complaints or information received may be forwarded to one of our market investigation teams for their further consideration.

For more information on the work we carry out, please feel free to visit our website at www.oft.gov.uk

You may wish to contact The Information Commissioner’s Office. The Information Commissioner enforces and oversees the Data Protection Act 1998 and the Freedom of Information Act 2000. The Information Commissioner's Office also handles queries on information held by credit reference agencies. They can be contacted at:

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: 01625 545 745

Fax: 01625 524 510

I hope this information proves helpful to you.

Yours sincerely,

Nabiha Aden

OFT Enquiries

Veester

 

"Challenges are what make life interesting; overcoming them is what makes life meaningful." -- Joshua J. Marine‏ ;)

 

Better than the truth itself is truthful living.

 

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;) First response... wonder what it will be like when the letters really start pouring in?. keep the presure up people.

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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mods,

 

Is there anyway we can get this moved to the front page so all visitors coming on to the forums see it and maybe sign/send the letters and stengthen the case to the oft? This is one of the most important areas of CAG as the CRA's are the ultimate punishment for most DCA's and lenders when they have no where left to go and turn vindictive.

 

It may not affect all people but one day it might and it's in our intrest to start making them accountable.

 

please please please:p

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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this thread is getting quite discouraging now... the pettion has reached 56 signatures and we can't seem to get this moved to the front page. Im beginning to see why these people get away with this when such inaction is show by those so at risk from them. Thanks to those that have signed but I am beginning to get the feeling we are banging our heads against a brick wall. shame really :(

Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.Thus, what is of supreme importance in war is to attack the enemy's strategy. What is essential in war is victory, not prolonged operations.

 

Sun Tzu 'The art of war'

POST THE LETTER AND SIGN THE PETITION AT POST 88 ON THE LINK BELOW TO GET THE OFT TO INVESTIGATE THE CRA'S

 

http://www.consumeractiongroup.co.uk/forum/campaign/153512-campaign-oft-against-unfair.html

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Why don't banks look after loyal customers? because this isn't their main source of income. I suspect they are more interested in big business customers, although I heard from a large newspaper printer that they seem to have similar issues to consumers from their bank dispite turning over millions each year. Seems banks make so much money they don't care if they lose a few customers. But then why bother moving banks except out of principle? They are pretty much all the same.

[COLOR=blue][B]Defaultless since 2012 :)[/B][/COLOR][COLOR=green][/COLOR]

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Hey Finlander, come on, don't you of all people lose heart!

 

That little trickle can easily become a flood, you'll see. Would there be any benefit putting the letter as an 'open letter' in some of the relevant newspapers etc with an invite for everyone to send a copy to ?

 

Is there a letters section in Credit Today you could send it to? PMSL

Edited by Dipply75
monkey fingers

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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this thread is getting quite discouraging now... the pettion has reached 56 signatures and we can't seem to get this moved to the front page. Im beginning to see why these people get away with this when such inaction is show by those so at risk from them. Thanks to those that have signed but I am beginning to get the feeling we are banging our heads against a brick wall. shame really :(

Finlander, these petitions take time. DannyBoy660 had a petition going for ages, less than 50 signatures I think, but the lovely lovely (not!) CSA deemed it important enough to refer to it in their ridiculous 'Debt Manifesto'. The problem with these petitions is that, because they require signatures and identification of signatories, many people are hesitant to give this information. That's the nature of the beast, I'm afraid. But, as DB660 proved (and he was tempted to pull the petition due to poor response) people are watching - and they do have an effect.

This stuff feels like banging your head against a brick wall sometimes. We're not just fighting debt and the misuse of information, we're fighting the stigma of 'debt' - and also the very real fear people have of the Debt Collection Industry. It's therefore scary to identify yourself, even for a just cause. Keep going!:)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Hi guys

 

Had a responce, which im sure others have hed the same too but as it is slightly different to the email responce here it is, the forms were signed and returned

 

 

Hadituptohere

 

 

CCF28082008_00002.jpg

 

 

 

 

CCF28082008_00003.jpg

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Yep, OH and me received copies exactly the same. Consent forms have been returned.

 

Interesting that they cant disclose any information to us.. but they can disclose our information to the CRA's :rolleyes:

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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yes we had the same arrive today!

- addressed to hubby, so hopefully another to me is on its way.

It's a start. :)

Edited by sosumi
checked letter received!

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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