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    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
    • no rush yet not due for 3 weeks as per andyorch's information above   i'm sure we'll get time before then.   dx  
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RW Fugitive

DLC / Hillesden... Barclays Master Loan - Set aside of CCJ help please

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yep sounds decent defence.

may be worth putting in ur N244 about the CPR rules regarding set aside (13.2/13.3 link below).

 

not only does it show u know wot ur on about

but directs the judge as well if necessary.

 

if u have had no docs back from CCA rqst and SAR so far id put that in as well under sect 10 for evidence

and/or state that u have sent a further request in an attempt to get disclosure.

 

if ur gonna get this (N244) in it will undoubtedly end up with CPR 31.14 request in my view

cos of the time constraints so have a scout round and get familiar with CPR disclosure. first few pages of this thread may help a bit:

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

link for CPR:

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Ministry of Justice

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All posted off now... waiting game starts again...

 

Thanks again R&B for your help... much appreciated :)

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hi RW,

thats good first step over with...again..lol.

i think id be tempted to send a CPR 31.14 request (as you are now in proceedings) in the very near future (as soon as u hear from the court).

 

as i said before, the timeframes may or may not tie up with ur SAR.

problem is, wot if they dont comply?

reminders/complaints, etc, etc all take time.

 

with CPR rqst u can give them 14 days (less if needs be) to reply then reminder with 14 days,

then whack in the court application,

all b4 your SAR is even due back.

 

ive had probs myself in the past with having to rush these things.

the SAR is still useful as its from the OC,

it may throw up something u (or they) hadnt bargained on.

 

front foot is usually opined on here by those who know their onions so to speak...

. have a good read up on it and see wot u think (templates are easy to find from surfaceagentx20 or 42man)...

 

unless anyone else has any better ideas on the subject of course ...

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Following with interest.


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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right ok... update. got a letter from my local CC today....

 

"The hearing of the defendant's application for set aside of Judgement (see copy attatched) will take place at 12:00 on the 16th June 2009. at ** County Court *******, ******* "

 

Ok...now... any advise on how to put a defence together for this?

 

Any help appreciated as always :-)

Edited by RW Fugitive

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right ok... update. got a letter from my local CC today....

 

 

 

Ok...now... any advise on how to put a defence together for this?

 

Any help appreciated as always :-)

 

did u send any CPR requests?

what did u put in ur application for reasons to set aside?

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did u send any CPR requests?

what did u put in ur application for reasons to set aside?

 

 

Thanks r&b.....

 

I didn't send any CPR requests, no.. :(... I didn't think it would come through this quick... although you did warn me!

 

I put in my application that I was not living at the address when the judgemnt was made and had no knowledge of the court date, so was unable to defend.

 

I advised on CPR Rules 13.2 and 13.3.

 

Thanks

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ok well that shud be enough but depends on the DJ as usual...

 

id still send one off tomorrow if poss giving 7 days to reply.

tho i doubt u will get any response,

it may sway the judge if he is of a mind not to set aside that the production of docs may help him decide

(u will potentially have to argue that point to convince him so have a script in mind)

and u having started the ball rolling etc etc.

 

make sure u have complete evidence of your absence from the address as thats the main point of attack from their side.

 

this link may be helpful:

 

http://consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

 

also in formulating ur arguments (tho u wont need a defence)

have a look thru this defence/skeleton argument posts 177/178 here,

 

as it deals with a case with no docs. im not saying its foolproof but its been checked over by a few experienced people

and had no comeback so must cover most of it:

 

finding faulty cca agreements after a ccj?? - Page 9 - The Consumer Forums

 

might give u a few ideas anyway..

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Thanks r&b.... I'll have a read... a bit scared now the dates been set TBH!... yikes!

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Aplins have written to me about a debt I have with Hillsden / DLC.

 

It was a CCJ from 8 years ago and I've been paying £50 per month for over 6 years now.

 

They are saying I haven't paid and are about to issue a writ for a Warrant of execution ?

 

I've never missed a payment and have paid even when I was unemployed.

 

Can they do this?

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nope

 

what are these silly buggers upto.

 

dx


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is this the Barclays one or the amex one?

 

dx


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Hi,

 

You need to write to Aplins and state that you have been complying with the terms of the CCJ and have paid the agreed amount every calender month.

 

Any action will be vigorously defended.

 

Did Hillsdens / DLC take you to Court?

Are Hillsdens / DLC named on the Court paperwork to pay?

You must continue to pay whoever is named on the Court paperwork at the agreed amount.

Only a Court can change who you pay.

 

If your financial circumstances change in future, you can apply to the Court for a variation in the amount.

 

Do not ring, keep everything in writing so you have a nice papertrail.

 

Have you full payment statements to show that you have fully paid on time and every month?

 

Stigman

Edited by Stigman
as usual forget a line - grrrrrrr
  • Confused 1

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Hi,

 

You need to write to Aplins and state that you have been complying with the terms of the CCJ and have paid the agreed amount every calender month.

 

Any action will be vigorously defended.

 

Did Hillsdens / DLC take you to Court?

Are Hillsdens / DLC named on the Court paperwork to pay?

You must continue to pay whoever is named on the Court paperwork at the agreed amount.

Only a Court can change who you pay.

 

If your financial circumstances change in future, you can apply to the Court for a variation in the amount.

 

Do not ring, keep everything in writing so you have a nice papertrail.

 

Have you full payment statements to show that you have fully paid on time and every month?

 

Stigman

 

Yeah, never missed even one payment. I had to double check there wasn't another CCJ! but no it's the same one. they have been ringing me loads lately, but TruCall has been telling them to do one ;)

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I'll fire off a letter to them and let them know. Could it just be a rouse to get more money out of me? silly question i guess! LOL

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Could it just be a rouse to get more money out of me? silly question i guess! LOL

 

Christmas is a coming, you got presents to buy when instead you and your family could go without and give them a healthy Christmas bonus lol.

 

As usual, debts or multiple parcelled debts get passed around with limited data attached, could also be a ploy for you to telephone them so you could be bullied into upping your monthly payments as you have worked out which means you then are in breach of your CCJ.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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threads merged.

 

so you never got the set aside done?

 

what happened please?

 

dx


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threads merged.

 

so you never got the set aside done?

 

what happened please?

 

dx

 

I frantically checked to see if i ever replied to their claim and I did (there was so much going on at that time, it was all a blur) ,

 

I couldn't use the "didn't know they had taken me to court" route :(

 

I just had to start paying up.

 

I agreed a payment plan with them and had kept up the payments since, never missed once.

 

I have no problem paying it as it is my debt,

 

I just feel annoyed by their recent threats.

 

I'll fire of the letter tomorrow.

 

Thanks guys :)

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so you agreed a payment plan outside of the court being involve and after the judgement?

and what was the judgement, have you the CCJ copy?

 

they MUST abide by anything the judgement says

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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so you agreed a payment plan outside of the court being involve and after the judgement?

and what was the judgement, have you the CCJ copy?

 

they MUST abide by anything the judgement says

 

dx

 

I can't find the actual CCJ, no. Yeah, I agreed a payment plan with them without the court being involved, they've happily taken those payment for 4 years now from what I can see. I've never missed a payment and it comes out as a standing order every month. I just don't want any more added to the debt. Sending a letter today to them asking on what grounds they are going for a writ. Thanks

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