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    • Indeed. I was just thinking 'Here we go again'. NHS trusts are saying they have problems and want to move to Plan B, Indie Sage scientists are saying things need to change. But HMG isn't listening and says everything's fine.    Meanwhile Chris Whitty has at least stressed the importance of masks, ventilation and so on. 
    • I have heartbreaking news my brother has died 😪 I am well and truly heartbroken😪 I am finding this difficult to write but i need to write this for my brother, There has been a catalogue of fatal errors by this gp practice and even by the hospital before/after the sleeping pills that should never have been prescribed.   background prior to the sleeping pill wrongly prescribed   Diagnaosed with vascular dementia 2019   May 2020   Weight loss reported NO dysphagia (Without any investigation GP writes NO dysphagia (swallowing difficulties which can lead to aspiration pneimonia, weight loss) Prescribed ensure   Jun 2020   weight/diet/nutritional assessment tasked DN team     Referral out    Community Referral for Elderly Care   june 2020 In view of suspected covid infection best to defer weight check/assessment There was no suspected covid infection, how gp got this? nobody called the gp and it was uk lockdown   Jul 2020 Eating & Drinking Complaint brother eating less and losing weight   Jul 2020 Dry cough over night. white phlegm noted Diagnosis: Viral upper respiratory tract infection     Jul 2020    57 Kg weight told Gp over the phone   24 Aug 2020  1 week poor appetite & drowsiness- keeps falling asleep Decrease in appetite   25 Aug 2020 Reported to GP 6 months of steady weight loss: 14kg (June weight 66, now 50kg) NO dysphagia (how without investigating further) If GP had investigated further it would shown my brother had swallowing difficulties which was causing the weigt loss and chest infections.   Feb 2021 Presenting complaint (XaIm8) - chesty cough phlem Diagnosis: Respiratory tract infection     Mar 2021  Presenting complaint (XaIm8) - not eating or sleeping Poor appetite (lost 1 stone since then) and poor sleep   April 2021 Serious reaaction to sleeping pills - causing 2 litres of uring retention indwelling catheter as posted in this thread and problems   18 Jun 2021 chest infection   30 Jun 2021  Chest Ingection Diagnossi should finish antibiotics and plenty fluids   7Jul 2021 Complaint - struggling to swallow large capsules Weight loss/not eating drinking properly Requested liquid version or smaller size capsules   9 July complaint - Please see yesterday's entry by and task sent to , sister saying pt hasn't taken Prostate medication for 4/7, urine rention building up, sistrer concerned requesting alternative medication, small tablet form if not available in liquid, sister says it is urgent for today. Re: patient unable to swallow due to size (approx 24.2mm x 7.7mm SmPC)   10 Jul 2021    Dr Nilofer Abbas Presenting complaint  - Please see 09.07.21 entry, patient still struggling to swallow tablet, urine retention building   July 2021 Nose dripping week, swallowing mucous For the last week cough with green sputum Note previous course of antibioitcs in june for chest infection longstanding swallowing problems - BUT NOT INVESTIGATED!!!!   1 Aug 2021 Feels has chest infection. cough 2 weeks- productive green phelgm Diagnosis: Chest infection - unspecified bronchitis   10 Aug 2021   blocked sinuses/runny nose despite 2 x recent antibiotics,just finished amoxicillin +probable viral infection no further antibiotics indicated observe for now   12 Aug 2021 Presenting complaint struggling with breathing sister concerned wanting Gp to review HOME visit tomorrow   13 August Brother taken to hospital diagnosed with exacerbation of copd steroid tablets, antibiotic tablets, antibiotics into vein in arm struggled to take bloods on 3rd attempt, left with bruised vein chest xray shows pneumonia sent home 7 days meds letter for Gp requests follow up chest xray in 6 weeks (NEVER DONE)   18 August 16 Aug 2021   Presenting complaint - discuss ambulance report thinks needs home visit everyday adv sister is reassuring he did not need nebuliser *brother was put on nebuliser in hospital in august, gp is wrong) A/E attendance likely all related to current LRTI     22 August 2021 Presenting complaint (XaIm8) Home visit Pnemonia. Chest still doesnt sound clear. 1 medication finished today 2 finishing tomorrow - steroids Home visit done by GP Chest clear, good AE B/L, no resp distress HS N, calves SNT, WWP, regular pulse Abdomen SNT Diagnosis: Chest infection NOS (XE0Xs)- resolved   24 Aug 2021  Home visit Chest clear, good AE b/l Diagnosis: Hay fever - unspecified allergen (X00l9)   I then made a private appoint with a respitatory consultant, he got access to the chest xray done in August 2021 and told me my brother had pneomnia in the right lung aspiration pneomonia caused by swallowing difficulties, food liquid going down wrong way into the lungs, causing infection leading to pneaomia. This consultant gave a report of findings, also askig GP to make referral to SALTS carry out swallow assessment. This referral was done far too late by the GP over 10 days delay and only after i kept on complaining why wasnt the SALTS team coming and my brother was down to 6stone in weight. I had to go private consultant for aspiration pneomonia  diagnosis on chest xrays done in August 2021 then give that report to GP to make a SALTS referral. The previous chest infections was aspiration pneomonia but GP clearly misdianosed inc on Home Visits after the August 2021 hospital attendance.   WEIGHT COMPLAINT!! 19 Sep 2021   Presenting complaint wanting to discuss weight loss Discussed - I will task DNs to carry out these reviews as too weak to come to surgery now. Also check weight/ BP I will refer to dietitian Diagnosis: Weight loss - AFTER 12 MONTHS and after lots of complaints GP DECIDES WEIGHT to 6STONE!! decided referral to diatcian after I tell GP!   22 Sep 2021    Recieved a letter from xyz clinic 2 days ago to ask GP doctor to arrange swallowing assessment about swallowing issues GP Diagnosis: Swallowing symptoms (XE0r7) - ONLY AFTER WE TELL HIM PRIVATE CONSULTANT FINDNGS. GP did not bother to investigate all the complains I made about swallowing difficultities. I went to private consultant to get dignosis on swallowing problems, despite makings lots of complaints to GP and being ignored. I was doing the Gp's job in getting the diagnosis for swallowing problems!!   24 Sep 2021 SALTS REFERRAL made  BY GP - ONLY AFTER I WENT TO PRIVATE CONSULTANT Please advise pt's daughter that the GP has messaged the secratary to refer the pt to SALTS referral     27 Sep 2021 Presenting complaint - Presenting complaint (XaIm8) Requesting powder sachets instead of premade shakes. Patient is struggling to swallow these as liquid is rather thick. Family have purchased a few sachets of powder and find these better for him. Also mentioned patient has lost around 1 stone in weight and are concern.   28 Sep 2021 Presenting complaint - Pt having swallowing issues and pt taking Movicol sachets but still constipated as struggling to swallow down properly. DN   GP DOES Hospital Referral for Feeding/ Swallowing AFTER COMPLAINT MADE   30 Sep 2021    Presenting complaint - Unable to swallow movicol properly therefore family request another enema. requests GP to assess first as has had 2 enemas fairly recently already. ongoing swallowing issues - sister says losing weight fast. Been referred to SALT & this has been marked as urgent now.   4 October 2021    Presenting complaint - Concerned about ongoing swallowing issues ?chest infection. says chockes whilst drinking ensures- SALT referral sent E&D less leading to weight loss -Dietician referral sent Patent airways Chest clear, good AE B/L MEDICAL NEGLIGENCE - SEE 5th October!! (This GP is on audio recording telling us the chest is clear)   5th October follow up appointment with private respitatory consultant Diagnosis pneomia due to aspiration (swallowing diffuclties/dementia) Prescribed 4 months of maintenance antibiotics Diagnosis pneomia when the GP the day before said everything was clear!!     7 Oct 2021   Complaint - Why SALTS team not been for assessment, should be marked urgent brother weigh down to 5.5stone. Says spoke to SALT team last week - will be complaining as SALT referral recieved on 21/9. Apolagised for this but on system it was actually sent on 19/09/21 Diagnosis: Swallowing (Xa4M7) -> (ignored my complaints for over 2 years on swallowing problems, and put no dyspghia on my brothers record 2 years ago - when swallowing problems were going on even abck then.   10 Oct 2021   Spoke to sister who has spoke to SALT team on 02/10. Felt SALT nurse was rudee. Says nurse said appointment may take some time ?due to back log of patients in covid period GP then contacts SALTS team to try expedite appointment Diagnosis: Speech and language therapy     12 Oct 2021 Private swallowing assessment done by speech therapist because the GP and SALTS were going aound in circles and brother rapidly losing weight! Private assessment shows serious swallow problem, recommends SALTS team urgent see my brother   15 Oct 2021 Brother coughs up phelhm with blood 1 time in day, reported to GP and request home visit   16 Oct 2021 GP home visit, checks chest, says clear and nothing to worry about - on video GP says brother has blood clot in lungs, go AE and wait, tell GP brother too frail weak, weight 5stone, unable to wait in AE. Request GP make arrangement for xray, bloods, ecg at hospital so brother no need to wait in AE. GP says NO, you have to wait AE. GP will arrange ambulance to go to AE where you WILL HAVE TO WAIT even if it means waiting 6-7hours. Inform GP this is impossible. GP leaves. Calls back in 20mins says NO BEDS available, you just have to wait in AE if it means waiting 7 hours then just wait. Explain the difficulty dementia, too frail, high risk of catching bug and request GP arrange time for brother to go into hospital for bloods, xray, ecg etc, GP says no. Then turns the conversation around telling me 'so your refusing to take your brother to hpstal, if he dies its your fault, i will put that down on his records'. GP hangs the phone.   10 mins later brother collapses, ambulance called, oxygen given, stats up. Taken into hosital, where immedialtely the staff tell me your brother is emacitated dehyradted way too much, all skin and bones. Tell staff, swallow problems, weight loss, complaints to Gp, Gp not listening etc. Brother kept in overnight put onto IV fluids. Discharged the next day   few days later, brother health deteroriates, paramedics to the home, say its pneomonia, i tell them its aspiration pneonua, they agree, explain the swallow problems, weight loss. They say you need to complain to GP.   Oxygen provided, stats go up, paramedics leave 2hrs later stats drop ambulance called, oxygen given 1hhr stats go up, ambulance staff they cant leave oxygen again because 2nd time called to house. They call GP to house with injections inc morphone, which thankfully were never used. Brother passes way at home   This is what I can remember, they will be things I have forgot to add. I am devastated.                                                                                
    • I see, thank you very much. Sorry for repeating the same questions myself! Im working on getting the quotes now
    • Why Are UK Covid Infection Rates So High Compared To The Rest Of Western Europe? | HuffPost UK WWW.HUFFINGTONPOST.CO.UK Hospital admissions are six times higher – and deaths are three times higher – in Britain when compared to European nations.  
    • The contract was made when he emailed you an 'offer' (the quotation) on 26th July and you 'accepted' it by text the same day. The 'offer' was not from the limited company as there was no 'Ltd' shown in the offer email. See what the experts here think if/when you need to issue formal proceedings but I'd say you were contracting with 'Ricky Burns trading as Decor Developments' not Decor Delopments Ltd. Once the contract was made on 26th July he cannot change it to Decor Developments Ltd. That would be transferring it to a different legal entity, which is not allowed (not wihout your agreement or a court order anyway).   So as BF says, don't fret about the Limited company issue, we can see how that can be dealt with. Now you need to focus on the quotations etc. 
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getting served with STATUTORY DEMAND tomorrow 22/10/08


jenjuly82
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i have been notified that my partner is getting served with a statutory demand tomorrow even though original debt was in both our names but then it is his name on the mortage!!

 

i have phoned company to offer a weekly payment arrangment but they were not interested.

 

any ideas where i go from here as no way can we afford £8000 within 21 days nor afford to go bankrupt...

 

please help...!!!!

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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May I ask what the debt is for ?

 

How do you know it is tommorrow ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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we got a car on finance march 2005 returned it and terminated agreement, received numourous amounts of letters etc but never replyed since they have added nearly £4000 in original debt due to intereset etc.

 

received letter in post stating they are calling tomorrow at 6.30pm to serve demand.

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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OK....I would send off the letter below to the original creditor asap....I presume this is Marlin ?....unfortunately the SAR below will cost you £10 (send postal orders) and send by recorded / guaranteed delivery...be advised Marlin read these forums too....with regard to the process server, ask a good reliable friend/neighbour to keep an eye on your door to see if somebody does actually turn up at that time (they could potentially be a witness to oppose a process servers affadavit, as some are alleged not to turn up).....however, If it was me in your position I wouldn't answer it the door...

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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i have just done the above before reading your post, great minds read alike lol thanks..

just printing envelope now yes it is with marlin

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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Send it to British Credit Trust....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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shell i phone british credit trust now as they were the people that supplied us with the car finance but im pretty sure all has been passed onto marlin financial service/?/

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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Bear in mind that you will have 18 days in which to apply for a set aside. The creditor is allowed up to 40 days to provide the information in response to a sar.

If you are hoping to rely on any information from the sar then you are going up a false trail.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Absolutely right Palomino....however I fear that the agreement may be enforceable looking at the OP's other thread....and only other way to get information on defaults, notices of assignment, etc is either by asking the judge to make an order to supply the above info or through the SAR.....Jenjuly have you received any notices of assignment, or defaults ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Bear in mind that you will have 18 days in which to apply for a set aside. The creditor is allowed up to 40 days to provide the information in response to a S.A.R - (Subject Access Request).

If you are hoping to rely on any information from the S.A.R - (Subject Access Request) then you are going up a false trail.

 

i understand what your saying but info might come in handy later on down the line anyway!!

 

no i have not received any notices of assignments or defaults!!

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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Don't answer the door at this stage....get a witness to watch your door to see if any one does actually come round...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Don't answer the door at this stage....get a witness to watch your door to see if any one does actually come round...

 

one who owns a large dog:)

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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yes they did serve the SD we didnt answer the door, but he posted it throw letter box.

 

surprizingly they are demanding £4523.36 so they have taken off all the interested they tried claoming in the original contact letters.

but now im so confused not sure what to do? as there is no way we can pay debt within 21 days nor do i think we got grounds to set aside SD!!

i did phone up marlin financial services to see if we could copme to an agreement of installments but he wasnt interested.

 

what does "the creditor demands that you pay the above debt or secure or compound for it to the creditor's satisfaction" mean??

 

were looking at paying £25 a week and if we need to then we would secure house on debt.

 

but i cant see they would start a bankruptcy petiton to claim £4523

 

please help any advice appreciated...

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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hi jenjuly82

I am in the same position as you right now. i started a thread on this forum last week as I too do not know what to do. I was under the impression though that for an sd to be enforceable it had to be actually handed to you not just posted through the letter box?

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A process server will attempt to serve the demand on you.....if they have made a reasonable effort to serve it on you without success, then the process server would have to issue an affadavit with the court to say that he/she has made every effort to serve the demand.....e.g. has visited the house twice but nobody answered....then a judge if he/she has decided that a reasonable effort has been made to serve it, then he/she would read the affadavit and say 'ok they have tried to serve it personally without success, I will allow 'substituted' service which means 1st class through the door/ or dropped through the letterbox.........

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I would be sending out a CCA request if it is a credit product (i.e. either a loan, hp or credit card/credit account - any product governed by the consumer credit act) in the first instance....and also a S.A.R - (Subject Access Request) to the original creditor too...

 

Mel send this out by recorded delivery ASAP....enclose a £1 postal order and don't hand sign it - this Consumer Credit Agreement request needs to be sent to whoever owns the debt either the debt collection agency or the original creditor (if it hasn't been passed to a debt collection agency yet)

 

DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

This is the S.A.R - (Subject Access Request) request....which you should send to make sure they have all the paperwork in order - this costs £10 again send by recorded delivery and don't hand sign.....

 

This is only a request for information and is governed by the Data Protection Act and not the Consumer Credit Act 1974....but this is used to find out any excess charges, compliant defaults etc....

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Personally I would never ignore a stat demand....if they are using a process server then they will probably be serious....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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hi 42MAN, i have done the above i already have a copy of the original agreement plus terms and conditions. so a cca request wouldnt be needed i sent a sar request last week just waiting for reply.

but as this can take up to 40 days im abit confused what i should be doing now!

im not sure whether to ignore the SD that was posted throw letter box or write the acting solicitor for mortimer clarke who is serving SD and offer £25 a week and if need be secure house on debt.

hope that makes sence!!

what is the next process if the SD is ignored and we dont ask for it to be set aside when the time is up what is the next actions by the solicitor?

what is the likely hood of the putting in a petition of bankruptcy is we do make an offer to pay by weekly installments surely they cant refuse to take it???:(

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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letter does state they used a process server to deliver SD.

even though we ignored door he still posted it throw letter box!!

oh this is gettying too serious im so confused...:eek:

£3890 successfully claimed from halifax (joint acc)

still personal halifax natwest lloyds to go!!!

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At this point in time....you could possibly set aside due to

 

Non production of a valid default notice

Non production of statements for the duration of the account (excessive charges)

Non production of a notice of assignment from the alleged original creditor (or from Marlin ?)

 

Have you tried calling the name on the stat demand ?

 

remember this - A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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There is case law for defaults and excessive charges -

 

DEFAULT NOTICE

The Need for a Default notice

  • Notwithstanding the above, it is also drawn to the courts attention that no default notice required by s87 (1) Consumer Credit act 1974 has been attached to the petition.

  • It is denied that any Default Notice in the prescribed format was ever received and the Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant

  • Notwithstanding the above points, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

  • Service of a default notice is a statutory requirement as laid out in sections 87,88 and 89 Consumer Credit Act 1974. Section 87 makes it clear that a default notice must be served before a creditor can seek to terminate the agreement or demand repayment of sums due to a breach of the agreement. therefore without a valid default notice, I suggest the claimants case falls flat and cannot proceed and to do so is clearly contrary to the Consumer Credit Act 1974

  • Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, /at all. It is averred that the Claimant has failed to serve a Notice of Assignment in accordance with section 136(1), of the Law of Property Act 1925, in respect of the alleged debt. The amount detailed in the Claimant’s claim, which is likely to include penalty charges, which are unlawful at Common Law, Dunlop Pneumatic Tyre Company Ltd v New Garage and Motor Company Ltd [1915], under The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999. Accordingly, the inclusion of penalty charges in the purported Notice of Assignment renders it entirely legally unenforceable. The Claimant has failed to comply with section 136(1) of the Law of Property Act 1925, by furnishing a Notice of Assignment in respect of that which is denied, that is inaccurate, W.F.Harrison and Co Ltd v Burke [1956].

The defendant requires sight of the notice of assignment of the debt. In addition the defendant requires proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears this is an assigned debt. the reason the defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - [1956] 2 All ER 169

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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