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    • go back and read what andyorch said in my above links about a DEED of assignment NOT being a Notice Of Assignment. its a general document for a portfolio of MANY debts they bought on a spreadsheet, NOT specifically relating to YOUR Agreement. but your was like all others, a single line in a spreadsheet.    the sheriff has specifically asked for the NOA and the Default Notice ...neither of which the fleecers have provided, merly a load of ole twaddle like trump does to divert attention away from those NOT being provided.   forget the stuff about LOP 1925 etc that a NOE is NOT applicable in scotland , the sheriff has asked for it..end of!!   bedtime reading particularly regarding default notice sec 87 https://www.consumeractiongroup.co.uk/forum/showthread.php?484300-Cabot-nolans-SPC-Claim-Old-Next-CAT-Debt(2-Viewing)-nbsp&p=5119630#post5119630   read from about post 70.   as for the written submission. i'll find an example later.   dx      
    • Plevin is not a calculation. its a refund of commission they got as they had a backhander of greater than 50% of the PPI sum paid for selling it on behalf of the insurance company that underwrote the PPI policy.   you are after reclaiming the PPI itself. and that is what all our PPI stuff is geared too.   have you still a copy of what you originally sent though as you don't even KNOW what plevin was , how could you have ever have asked for it.!!   pers i'd write back. (you seriously need to stop talking on the phone!!) stating quite clearly that you REJECT totally their refund under the Plevin Rules. my Claim was to reclaim the PPI a paid, not for a refund of your hidden commission!!   i give your 14 days to refund inline with the enclosed spreadsheet , else i will raise a complaint without further notice to the FOS.   please reply in Writing Only.            
    • Kim Kyeong Yeon developed his virus-destroying machine after his child injured herself. View the full article
    • not interested in silly letter   the CCa return please   dx  
    • This is interesting as I was not aware that there was a difference in the PPI claims/calculations.    Long story: I asked for this PPI reclaim over 5 years ago.  The Woolwich loan was taken out when I had a Woolwich current account.  The banking sort code for Woolwich was deleted off the banking system when Barclays inherited it hence they could not find my current account let alone the loan.    They had told me that I had provide proof of the loan as they could not locate it.  I did the FCA deadline search and it still was not located.    As this was the last resort, I had to go into the loft and found it by chance.  They changed the new reference number from the search and attached it to the old past reference number as the complaint was still on their system.    Even speaking to them about their calculations and the one I got from the on-line calculators, no one can explain the difference, they just keep saying that they cannot speak to the PPI calculations team, they have to email them!    Also I thought the Plevin paragraph was standard information.  So this is where the mystery lies,   I can reject the Plevin calculation and ask for calculations based on my actual PPI sums paid,   would this then be in line with your calculator?
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Unenforceability Cases on hold until further notice


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Everybody see this - Stay on Unenforceable Agreements

Hi

 

where did you get this from?

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Do you think this will mean Stays on all cases involving credit agreements?

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hmm thats interesting

 

we are not far from that area, and we havent had anything like that sent trough, infact weve got around 50 claims in progress at this minute

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Everybody see this - Stay on Unenforceable Agreements

 

This is fascinating...if I'd known about this yesterday

Edited by citizenB
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If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Everybody see this - Stay on Unenforceable Agreements

Attached Filespdf.gifEnforceability decl 06 05 09.pdf (26.6 KB, 0 views)

 

a few 'carefully selected cases' - carefully selected to ensure the debtor loses, I presume:mad:

 

Wondered when they would find a way to close the door on unenforceable agreement claims - the creds just have too much to lose:(

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If genuine, this smells rather like the Judiciary swinging in behind the banks. This is probably the first step towards fudging another big issue to give the banks a reprieve from another one of their messes.

 

No doubt the Test Cases will be selected very carefully, to give them the results they want. In the mean time, they'll be busy working out how to water down/fiddle the next edition of the Consumer Credit Act to castrate it still further.

 

What ever happens, I somehow doubt this will be good for the Consumer.

 

Cheers,

BRW

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Does this mean all current cases will be automatically stayed?

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Two things strike me about it...100k claims all requiring judgement on enforceability (this must be a bank or debt buying DCA)...probably from the cheshire area.

 

The other is the proposal to stay the claims, only seems to be affecting cheshire

Edited by citizenB

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I think that we need to keep a close eye on it...

 

If there are test cases and they get sent to the Commercial court that in itself wouldn't necessarily be a bad thing - the OFT case against the banks is an example but the issue of course is how the courts select the test cases.

Edited by citizenB
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If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hope pt comes back soon to tell us what this is all about;)

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Chester - MBNA ??

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Whats the significance of Cheshire-and in particular Chester......MBNA live there ?

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

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CB -we are all thinking the same;)

Have a happy and prosperous 2013 by avoiiding Payday loans. 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.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Chester - MBNA ??

 

Now that is a thought isn't it

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I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I have been sent a copy of a letter supposedly written by a firm of solicitors called Ultimate Law Limited which seems very implausable saying that all cases regarding unenforceable credit agreements have now been put 'on hold' pending some test cases in London.Sounds very fishy,ant comments?

I have copied and pasted the text below

 

6th May 2009

 

Dear [client]

 

PPI and Unenforceability Claims

Yesterday evening we received notification from the court in Chester that all enforceability claims are to be stayed pending a decision of a few select “test cases” in London.

We appreciate that this news comes as a great disappointment to our clients.

We would now clarify the situation as follows:

1) Credit Card & Loan Enforceability Claims

Where we are pursuing credit card or Loan enforceability claims, these claims have now been stayed. That is to say they are on hold awaiting the outcome of test cases that will be heard in London.

 

We cannot advise how long this process will take – it could take some considerable time – probably in excess of 6 months. As soon as there has been a decision by the court in London, we will update you and advise you of your options. If the stay is lifted, it may then be possible to continue to progress your case to court.

 

Whilst court action is no longer a route open to us, we shall continue to progress cases directly with lenders and endeavour to reach a satisfactory outcome without recourse to the courts.

 

It is important that you continue to meet your monthly payments on your credit cards / loans unless we advise otherwise.

 

If you have advised us that you wish to pursue the refund of credit card charges, we will continue to progress this aspect.

2) PPI claims

PPI claims are separate claims to unenforceability claims and can still be progressed. We will continue to progress PPI claims accordingly.

 

It is important that you should continue to meet your loan payments as they fall due unless we advise you otherwise.

We understand the disappointment that this news brings and will of course update you as soon as the situation becomes clearer or there has been a development with your case. In the meantime, we would kindly request that you do not contact us, as we have no further information other than that which is referred to in this letter.

Yours sincerely

Ultimate Law Limited

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sounds like a load of crap to me, anyone? heard of this, What is the test case supposed to be testing?

 

I reckon they are working for the credit card companies

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I googled them and couldnt find them, what is their address, emails, co number etc?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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This sounds like C**p

 

Cant see the need for a test case, Wilson pretty much took care of that

 

Do you have claims in via one of these firms that sort it for you?

 

If not, it sounds like the craftiest move yet by a lender to get you to pay

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Just googled

 

They are indeed a claims management company

 

Sounds odd still though

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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I googled them and couldnt find them, what is their address, emails, co number etc?

Name & Registered Office:

ULTIMATE LAW LTD

18 THE DOWNS

ALTRINCHAM

CHESHIRE

WA14 2PU

Company No. 06632455

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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have you got a link, I couldnt find them

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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