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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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babegem v Phoenix recoveries/HSBC


babegem
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I have received a county claim regarding a debt owed to HSBC bank. This was sold to Largo Legal and Receivables, and I have been paying token payments, and paid off one account already by settlement.

 

Out of the blue (no letter before action) I received a claim form.The claim is from Phoenix recoveries, and has not been particularised well (refers the whole debt to be for an overdraft.

 

I sought advice from a solicitor (after plenty of tears and panic), and was advised to defend the whole amount on a few counts, and this has been done and submitted.

 

Due to the solicitor charging me £1000 so far! (despite my honesty to her and being given no guide the bill would be anything like this, I have now had to take back the handling and am scared to the point of exhaustion (cant sleep).

I sent the recommended request for documents and proof (CAR?) giving 14 days to respond and received only three documents back, including the credit agreement for one loan (which is not the same reference number as on the claim/account ref in their letters), and nothing sincwe the 14 days have passed.

 

I have been to CAB but whilst they are being helpful their advice is slightly inconsistent and having looked on here have seen some great advice (noteably by Andyorch) and am desperate for some help.

 

I now have just a few days to fill out and return my allocation questionnaire, and am confident I have a strong case however dont know how to get all the info and the next steps across.

 

My debt is made up of an overdraft, a loan and a flexiloan, plus around £1700 (not including interest) of unfair charges from HSBC. The total is around £8300 plus they have added to total £9300.

 

I have been paying a token £1 a month and have tried to negotiate a payment to Legal and receivables, but dont even know who Phoenix are!

 

Please please if anyone can help I would appreciate it so much. Andyorch if you read this please can you advise?

 

Thanks to you all in advance.

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I'm afraid I don't know enough to be able to advise you on this but by my replying it will bump your post up to the top of the pile.

I'll keep an eye out for you and if there are no replies, I'll keep bumping.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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As promised, another bump

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Thank you silverfox, I have eamiled a couple of the main guys on herew in the hope they will see it and help, getting realy anxious.

 

I have prepared a draft directions and info for the form, but need some tips as I need my besst chance of getting this struck off or settled before a CCJ.

 

thanks again for your support

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Babegem....i'll try and assist as best as I can...

 

Have you completed the AQ ?

 

A few threads here for this...

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159341-court-papers-received-what-6.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

Have they provided any compliant default notices ?

 

Any statements for the duration of the account ?

 

Only one agreement ?

 

Any notices of assignment ?

 

There is another thread here where claims have been 'rolled' up which you might find interesting/helpful

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175176-help-claim-form.html#post1892590

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Have you checked to make sure the account showing on the POC is the same as your current account as HSBC have a habit of getting this wrong....I think if its been through Metropolitian they give it another number.....Check this out as it could be vital

 

 

BTW...Pheonix are a Luxenburgh based company using venture capital who buy UK debts from Banks on the cheep and use UK based servicing agents to get the debt processed ASAP to a county court judgement then a charging order thus turning an unsecured debt into a secured debt.

 

They are quite agressive but do back down when challanged .

Live Life-Debt Free

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Hi! thanks for helping!

 

I am about to do the AQ, I have made a draft of what I think will work...

including draft directions and further information. I have attached my draft directions.

 

The debt was originally with HSBC who did nothing to help at all, despite acknowledging my SAR request and the claim for refund of fees. Have all statements for 6 years, for bank account, showing charges added. Gave them the sum and claim as per this site's advice. They advised this would be looked into in line with OFT case, and would apply for a stay if I proceeded to court.

It was at that point with Metropolitain who agreed token £1 per month due to budget and unsustainable finances.

I then got notice from HSBC that the whole amount would be sold to Largo. and from Largo saying we will be managing it.

 

Let me give you a breakdown which is critical: there were two loans ( a flexi and a personal, each with their own account no) and a bank account with an overdraft, and a credit card.

 

I advised was happy to pay the credit card balance, and the loans as I owe it, but as was disputing the balance on the current account would not until the OFT have decided their route and can resolve the reclaim of fees.

The credit card was settled with Largo in June 08 (74% of the balance). Have kept all letters.

 

The flexi loan, personal loan and bank account have all been thrown together to make one account (with no breakdown of the balances at transfer) by HSBC in their letter of sale. Three credit agreements

 

I was told that with MCS the debt was fine, so dont know why was sold or if relevant.

Had no default on the flexi loan, no letter before action from largo on any account, and no corespondance whatsoever from Phoenix, only largo/legal and receivables. Dont know who Phoenix are, although looked them up and look dodgy (uk correspondance actually in the town where I live and has recently shut down).

Looked into date of company formation, stated Nov last year within a week of my claim form! Dodgy?!

 

There have been many phone and letter attempts from me to neg the debt, whilst waiting for them to look into debt. Have a letter from Largo acknowleding the dispute and claim back for charges, saying they would come back to, which they havent. Have been continuously paying to show willing and have budget prepared with CCCS bu managed myself.

 

Largo never accepted my payments but set up s/o anyway for £1 and wrote to advise will pay to total as soon as resolved dispute/reclaim fees, and intend to give more when situation changes. Told them am happy to pay and will as much as poss, but not for the full amount (will pay minus the reclaim fees until resolved, but by then at £1 month should be a while!)

 

Have had pay rise last summer (after SIF the card), and not resent budget to them yet as last I heard was they were waiting for info on dispute and noted I had no agreement neg as yet. No break in my payments of £1. New budget means I can afford £11 now to repay pro rata so is now sustainable.

 

Got the claim and filled out defence with solicitor for the whole lot, due to various factors:

1 Account number doesnt match

2. not particularised

3. I made attempts to neg and have been paying

4. No letter of assignment (phoenix)

5. No disclosure docs

....

 

 

tbc

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Sorry for the overload of info, but I am limited on time as have to get my AQ back by this Thursday to courts.

 

Basically the claim was for an overdraft/bank account, not two loans and overdraft as I suspect is truth. The acc no they have quoted is not that of my old bank acct referred to with HSBC (I only had one bank account with them).

 

Have sent them Disclosure CAR request, and they have received through court the draft defence drawn up by solicitors (this has a mistake in it too I have noticed! On the account ref as (I admit I had an account with them but not the one they mention).

 

They have replied saying they are looking into request and that some info requires me to send £10 as SAR. I Used the template from this site. The only docs they sent were a copy of notice of assignment, but again lumping the accounts together, and a copy of CCA for the personal loan (different acc ref no. to claim), no CCA for the bank account/overdraft or the other loan. 14 days deadline has been and gone, no further docs sent, and I didnt send the £10 as advised by CAB.

 

I also had email correspondance with a litigation exec from Largo in May 08 who has now left the co, and she acknowledged the dispute and would refer to HSBC for confirmation of this. Heard nothing since then re the lumped together account until the Claim arrived. She managed the SIF on the Credit card I had with them. SIF by contribution from family.

 

I can attach all or any docs tht may help as have scanned them this eve.

 

If I attach my draft directions can someone advise if they sound about right?

 

I also need to ask for time to adapt my defence that already submitted as not in position to defend with info/docs/particulars. Where and how do I do this?

 

On my form I have ticked Yes to 'would I be happy to try to settle', on provision of detailed and strictly proven particulars. In line with prev letters.

 

Any thoughts or advice appreciated. Am going to be online all day tomorrow, and then off to the CAB at 1pm for some more tips. They have said they may be able to offer an advisor in court if it gets there.

 

They advised me to offer a SIF paid in installments direct to the claimant copy in the court, and imply that they should grab that as the case wil be struck out. Any thoughts on this?

 

I understnd there is now a circumstance that reclaims of fees have to be heard in situations of hardship, so will they have to address the reclaim of fees by bringing the case to court?

 

Any help greatly appreciated.

 

Result hoped for is either SIF in installments and no further action, or struck out etc.

 

Very distressed and suffer from anxiety/panic attacks - depression (have advised both HSBC and Largo this.

 

:confused:

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Hi babegem, I have limited experience so cannot really help, but thought it might be a good idea if you posted up your defence (minus any details that might identify you) and your draft directions. This would give the experts a flying start when they do arrive. I may be able to offer some opinions on the draft directions.

 

HTH

 

DocH

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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Yes, if you could post POC and defence it would help greatly. If you haven't heard of Phoenix, it suggests to me that you weren't advised that the debt had been assigned to them, in which case they can't pursue the debt.

 

In the meantime, below is a link to how to complete an AQ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html#post90317

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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

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...and the final page.

 

I might add that there are a couple of things I feel have been left off the defence, however my sol advised me they are for a witness statement or the AQ.

 

She also boo booed the first page where it says I admit to have an account number: **** which was not the account I had. She didnt leave me time to correct this before it needed submiting and they have charged me £999.99 for comin up with this defence, hence I cant (afford) and wont be using her moving forward. - Very stressful chrismtmas indeed.

 

Can I amend the defence now or later? How do I?

 

Please note:

 

  • Claim is not particularised or broken down into the three accounts.
  • Claim is for an overdrawn bank account, not loans as well.
  • Acc no was wrong.
  • Have never received any correspondance from Phoenix, only Largo saying they have been assigned from Phoenix (dont they need to have sent me one from Phoenix, assigning to Largo? They have never explained who Phoenix are despite me emailing their litigation exec in June to ask her to breakdown and to identify/proove. This exec has now left Largo, and I imagine is replaced by the one who has signed the claim.
  • Had no Letter before action

Have only been furnished with the following CCA which relates to one of the loans only, and again is not the right acc no. They have also only sent page 1 of 2, which I imagine misses out some further info.

defence_page_4[1].jpg

largo_08012009 CCA(agreement)[1].jpg

Edited by babegem
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Hello Babegem!

 

I regret I'm pushed for time at the moment, as busy with our Annual Accounts and Tax Returns...as I suspect may be the case for quite a few other people!

 

This may at least bump your Thread.

 

The Thumbnails are too small to read. Suggest you try again but Go Advanced when you do, and keep doing a Preview of the Post before you commit, as then you can Test to see if the Images are coming up as you intend.

 

You can also go back end Edit your last Post, because you can change the links to try and get the main Images to appear.

 

Try using Image hosting, free photo sharing & video sharing at Photobucket as that is Free, and you can plonk your Images there and link to them. Make sure your Album there is set to Private, or else bankers and DCAs can see all that you have there. It's quite easy to use, so have a play!

 

Have a read of one of my own battles below:

 

BRW v A Particularly Nasty Bank

 

Whilst that relates to a Credit Card, many of the key issues are not that different. You just need to look at s77 of the Consumer Credit Act 1974 instead of s78.

 

I put some effort into the AQ Posts so that others could read how it came together, and the help I received getting there. It may at least show you how I went about it...and may give you some tips.

 

Default Notices and Termination issues apply to the Loans, as do Notices of Assignment if these alleged Debts have been sold.

 

My advice is to take a step back and pick out the key dates and issues, and use, say, a Spreadsheet to compile a time-line of events. Use one Column for each item (2x Loans, Bank Account/Overdraft etc). Put AC numbers at the top, and then see if you can make clear sense of what happened when.

 

From that you may see when the alleged Accounts were handed over, and what Letters you didn't get at the time, such as Default Notices and Termination Letters before the hand over, and then Notices of Assignment at the time of Sale/hand over etc.

 

The AQ stage is effectively another chance for you to get your own message across, so use it well. After that it'll be the Disclosure Stage, so we should have 14 days or so to help you after the AQ Stage before the next deadline.

 

If the enemy have made many serious errors, one option may be to submit an N244 to the Court and force the issue, i.e. ask the Court to Strike Out their Claim if it is riddled with problems. That may buy you time if you also perhaps ask the Court to Stay the Directions Order while your Strike Out attempt is heard (if may be dismissed without being heard).

 

Once we get past the Tax Return Deadline of 31/01/2009, I think there will be more people around on CAG to help...most are neck deep in bean-counting at the moment...

 

...which is where I should be right now!

 

Will help later all I can.

 

Cheers,

BRW

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babegem, I am so sorry, I dont think I will be able to help you very much. You have been given some good advice so far and a couple of links to look at.

 

As BRW has said, your images are very tiny, making it difficult to see exactly what is what and where you are. If you could sort them out, then I will have another look later on and see if I can help.

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

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

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

BCOBS

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

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

3: Banking Conduct of Business Regulations - The Hidden Rules

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

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

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

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

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Hi babegem, glad you're getting some help. The link you've posted takes you to a page on photobucket which asks for a password.

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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