Jump to content


  • Tweets

  • Posts

    • More from the Second Sight guys in the Law Gazette. Post Office Inquiry: Second Sight accountant accuses lawyer of conspiring to pervert course of justice | Law Gazette WWW.LAWGAZETTE.CO.UK Second Sight accountant found compelling evidence in two cases that evidence was withheld, public inquiry is told.  
    • Why have there not been arrests yet? Waiting for the end of an inquiry which seems designed to drag on forever is a feeble excuse "the Post Office “was constantly sabotaging our efforts” to seek the truth and used claims of legal professional privilege – a type of confidentiality which covers legal documents – “to justify withholding documents from us”. "Aujard had said the state-owned body “would not hesitate to take legal action against me” under a “draconian” non-disclosure agreement (NDA)" "Henderson became concerned after reviewing the case file of Jo Hamilton, .. Henderson said the Post Office’s decision to charge Hamilton did not seem to be supported by its own internal security report, and there was evidence that “potentially exculpatory material” had not been disclosed to her at trial or subsequently. “I regarded this as either professional misconduct or, potentially, criminal conduct,” he said."   Horizon IT scandal investigator tells inquiry Post Office was ‘sabotaging our efforts’ | Post Office Horizon scandal | The Guardian WWW.THEGUARDIAN.COM Ian Henderson, looking into possible miscarriages of justice, said he came to believe he was dealing with ‘a cover-up’  
    • and the elephant in the room     Brexit: New report suggests UK £311bn worse off by 2035 due to leaving EU NEWS.SKY.COM The report came up with a scenario for growth if the UK had stayed inside the EU, and compared it to forecasts the Office for Budget Responsibility made...    
    • I believe there is a Limitations issue with railway penalty charges. They have only 6 months and if it gets to Court  the money goes to the Treasury.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

If love is so blind why is lingerie so expensive...???


firewalka
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5145 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hey Guys...

 

Need some help and advice regarding a credit card situation...

 

Once upon a time I used to have a credit card with Monument. When my youngest daughter came into the world 16 weeks premature and weighing 1lb 8oz I made the decision rather than running around doing 80-90 hours a week working for myself I would stay at home and look after my family...

 

Obviously this decision had a knock on affect with the family finances, yet at the time we thought we would be able to cope...

 

With a number of creditors and CCJ's to my name I have now come across Monument/HFO/Turnbull Rutherford...

 

I have been paying HFO for over a year now with no issues, admittedly the £5 a month I am paying them is not a lot yet with the circumstances I have been in and where I am now I am in no real position to pay them anymore than this...

 

Over the past few weeks HFO have been incessant in the phone calls 0845 numbers up the ying yang, then one evening 2 weeks ago they caught me off guard with a mobile number. I then spent the next hour an a half on the phone with a young lady that I spoke to nearly a year ago, although she denied it, attempting to force me into arranging a new payment plan...

 

Telling me a number of stories regarding her company looking at accounts that could be stopped from going further into legal proceedings. Long story short she was attempting to get me to part with some rather private information and when she got to asking for my NI number I drew the line there...

 

Next thing she was telling me that she would have to speak to her superiors to see if they would accept my current proposal so she could stop further charges being brought to the account and to also stop the account from going further down the legal route...

 

My arguement throughout all of this has been regarding the unlawful charges placed on the account by Monument. If the balance on the account was say £100 and over a period of time they kept adding interest and charges the account got to £200 then Monument sold the debt to HFO and they claim the debt is sitting at £220 then over a period of time they keep adding 12% interest and bump the outstanding balance upto £275 and this is what they are attempting to get from me YET if the original balance of £100 was made up of unlawful charges surely the debt they sold to HFO is also unlawful...???

 

I have had a frustrating phone call with Turnbull and Blagger this afternoon which has put me in a very emotional frame of mind purely from the frustration of not being listened to from the olde lady on the other end of the phone...

 

She has now threatened me with County Court proceedings if I do not respond to her by 20.00hrs this evening...

 

I am sick and tired of people like this intimidating us consumers and want to defend my corner with a creative grace...So if anyone knows of any legal way around this so I can send a letter to Mrs Rottweiller then please can you help...

 

Many thanks I really appreciate it...:-D

Edited by firewalka
Link to post
Share on other sites

  • Replies 57
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hey Ross-Co...

 

Thanks for the reply...

 

Not as yet...My thinking surrounding this issue is that if the original debt to Monument was made up of unlawful charges then the debt they sold to HFO is going to be a debt made up with unlawful charges. So in turn the HFO debt is fundamentally based upon an incorrect figure...

 

I have been servicing this debt for quite sometime now and have had no real issues apart from every now and again when some one who can hardly speak English contacts me asking for more money...

 

I contacted the CCCS yesterday and the guy I spoke to had never heard of this type of situation before and after speaking with one of his colleagues he seemed to think in theory that I was correct in what I was saying YET whether that would hold up in a court of law is something he was unsure of...TEST CASE TEST CASE RAH RAH RAH...!!! :-D

 

I have been in the process of claiming the charges back over the past year or so yet stupidly placed it on hold because of mistaking the bank and credit card charges to be the same thing where obviously they are not, so after yesterday I have started the process going through the Financial Ombudsman...

 

So what is the point of asking to see the agreement...???

 

Thanks agian for the reply I really appreciate it...

Link to post
Share on other sites

The point of wanting to see the agreement is that if they cannot cough it up in 12 days they can't take any further enforcement action.

 

If after a further 30 days they still haven't coughed up they commit an offence under the CCA 1974.

 

And if they do cough up we can check it out to see if it conforms to the various requirements governing enforceable agreements.

 

So if all you want is them off your back this could be a way to achieve just that.

Link to post
Share on other sites

No offence no longer applies and was removed from the regs. It's just the 12 + 2 days now.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Hey Guys...

 

Thanks for the replies...

 

Not wanting to sound like a dumb ass yet am I asking HFO or Monument for the CCA...??? Any ideas/suggestions surrounding what to actually put in a letter to make sure I am covering myself...???

 

Could you either explain or send me to somewhere I could research this particular element of the CCA so I get a better understanding of how this 12+2/30 days your discussing actually works...

 

I have come across a number of different Acts over the years yet never heard of this one...

 

Boy I am getting excited again...Power to the People...!!! :D

 

Thanks again Guys you have been a REAL help...

Link to post
Share on other sites

You send the CCA request to the Legal owners of the account. You 'should' have received a Notice of Assignment? If not then CCA the ones that are giving you hassle at the moment and see what comes back. (Letter 'N')

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

There is also a good telephone harassment letter on here somewhere, can't find it at the moment but hopefully someone will be along with that. If not i will dig it out.

 

(Don't sign the CCA and send it recorded.)

 

Also never speak to these people over the phone. You have no proof of what was said whatsoever and they will be deceitful and underhand. It's what they do.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Hey Davey77...

 

Thanks for those links couldn't have come at a better time...Just as I was reading your link the phone went and it was the Rotweiller from last week telling me that I hadn't got back to her and that she was now going to start filling in the paperwork for the court...

 

I just kept saying I am in the process of sending you a letter...Which kept falling on deaf ears...Eventually I said I am sending you a letter in the post I have nothing else to say thank you very much and put the phone down...

 

WOW that felt GREAT...!!!

 

So I will being sending the unsigned letter today by recorded first class post yet I am still bemused to what benefit this will actually give me...My understanding is that if they don't respond with the signed copy of my original agreement within 14 days they are unable to pursue me for the money that is alleged to be owed to them...

 

Am I correct in thinking this, also what happens in the mean time of Mrs Rotweiller sending in court forms and me receiving those in the post...???

 

Thanks Davey77 I really appreciate your help...Must admit it's things like this that made me think about switching my degree and studying law to be able to help people like you and I...:grin:

 

TTFN...

Link to post
Share on other sites

I seriously doubt that Court forms are winging there way to you via carrier pigeon as we speak. Everybody gets threatened with Court action. It's standard procedure to get payments out of people.

I have been threatened so many times i have lost count and have even asked to be taken to Court but being on Carer's Allowance and with no assets it's not going to happen.

If you have a £500k house and a Merc in the drive then the chances are higher of Court action but then it depends on the amount owed.

 

When an organisation demands money from you in this way you are entitled to see the contract/agreement they are relying on. Yes the 12 + 2 have the ramifications you mention but just because it's the law doesn't mean creditors listen or obey.

You are within your rights though and they know that. Despite what they say. (And not supplying an alleged agreement within the 14 days is a defence in itself to any Court action.)

 

Any more calls simply state that 'upon legal advise you will not discuss this matter (not 'my debt'.. just 'this matter') over the phone but will only communicate in writing only', and put the phone down each time.

 

Don't sign anything. Use a digital signature (or create a nice wavey swishy sig with a font on the computer):

 

Online Personal Signature Maker - MyLiveSignature - Free Personal Signature Generator

 

How much are we talking about here roughly that they say is owed?

 

The National Debtline i have found are pretty helpful:

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

The original debt was for just over £800 and with all the added interest and charges (which I am in the process of claiming back, hence my original question) HFO have bumped it upto just over £2200 and with the alleged fees that Mrs Rotweiller was shouting about it could reach close to £3000...

 

Yippeeeeee...I would love to be a fly on the wall tomorrow morning when Mrs R gets the letter I am sending to HFO just to see her face would be really fun...:grin:

 

Thanks for the advice regarding the signature nice little touch...I haven't signed the letter with my normal signature, just a swiggle, yet I have left my name in text is this something you would recommend or shall I remove this as well...???;-)

Edited by firewalka
Link to post
Share on other sites

Personally i wouldn't even give them a squiggle. OK so you don't normally sign that way but upon being asked 'did you sign this with your own hand' an honest answer would have to be yes.

 

Well go for the interest and charges, ignore the Rotweiller and enjoy the sunshine (when we get some again). ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Well just posted the correspondence to the FOS and HFO...So lets see what the net brings in...

 

Will keep you informed...8-)

 

Believe me when I say I am looking forward to the sunshine...Having assessed what this Government has done over the past few months my prediction is that in due course the greed that got us into this mess will be used to get us out of this mess so the sooner we emigrate to sunnier climes the better...

 

Not sure whether the Bahamas, OZ, Monaco/Monte Carlo or Spain either way the cost of living and the work life balance will be far better in one of those beautiful places than here in Bleak Olde Blighty...8-)

 

See ya on the beach...:grin:

Link to post
Share on other sites

Did you send your letter by recorded delivery? if not they will probably deny getting it (they're good at that!)

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hey Ell-enn...

 

Funny habit I have got into over the past few years...Even when sending stuff to me Ma...

 

The power of the RECORDED DELIVERY letter...!!! :D

 

The other funny thing is over that time period the amount of money the Royal Mail must have wasted in re-designing the forms...He He He...No wonder they are in trouble...

Link to post
Share on other sites

You sent a complaint to the FOS?

 

Ah my choice would be NZ every time. Never been there but one day... one day!! :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

Using the FOS instead of going through the courts to claim for my unlawful credit card charges...

 

That is the reason for attempting to find out whether the debt that HFO purchased from Monument is also unlawful because it is based upon a figure that has been made up of unlawful charges...

 

So if you know any solicitors that are willing to have a go at a test case then lets get it on...!!! :D

Link to post
Share on other sites

My closest friend spent 8 weeks in NZ a few years ago and he claims it is one of the best places he has ever visited, and he has visited a few...Yet to much like Blighty for my liking...

 

Would prefer their OZ cousins...At least you get the opportunity of warm weather most of the year...!!! :cool:

Link to post
Share on other sites

Ah right.. only ask about the FOS as in cases of enforceable/unenforceable agreements they are completely biased. But interest and charges are another matter.

 

I have a cousin in NZ. Similar climate but with a similar size to the UK yet a population of under 5 million i wouldn't care if it rained for most of the time. :)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

I am browsing around for Solicitors that will look at the unenforceable aspect of my accounts. Should i find anyone of interest I'll let you know.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

  • 2 weeks later...

Hey Davey77...

 

How are things with you...???

 

Just to let you know I have received a copy of the CCA from HFO with a number of statements...

 

Interesting to note that these particular statements I have never seen...There just seems something not quite right with the dates and figures I have on these statements I have just received and those from the letters that were sent when they were pressurising me for payment...

 

So what options do you think I know have now...???

Link to post
Share on other sites

Can you post up the CCA agreement using photobucket minus personal details. Then I'm sure lots of folks will be along to tell you what they think of its validity.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...