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    • Birmingham council are wrong.   However, you probably left yourself open to this problem by not changing the keep details.  You should do this now.   Also are there any other lurking problems which could come up and bit you?  You should make proper arrangements to redirect post or to inform creditors etc. This is the kind of scenario where you end up getting backdoor CCJs which then become difficult to deal with
    • What do I need to send on SAR? Do you have an email from them ?    I have 1 year with them .  I ve been made some international transactions because I ve been buy a car and a house I was need to send monthly money . I m a self employed, so I earn my money by myself . I didnt do nothing wrong with them . When I open my account I let them know that I m self employed and I can prove that .   I m in a desperate situation as I m not having any money for my company that I just open to can run 
    • Birmingham City Council,  told me because the car is on my name I am responsible  for it and I can't have anyone take the blame.  
    • Send them on SAR immediately. Do it today. Read up on this forum and elsewhere on the Internet about crifas. How long have you had the account? Have you been having large sums of money going in or out recently – especially paid in cash? This kind of unexplained behaviour generally relates to something that triggers a suspicion that your account is being used for money laundering or some other kind of fraud. If that's what has happened then you will find it almost impossible to get information about it and also almost impossible to find out when your account might be made available to you. If a CIFAS marker has been applied to your account, the bank takes upon itself absently Draconian powers and you will scarcely even get any assistance from the FOS who quite frankly are simply a poodle to the financial services sector
    • In addition to dealing with the individual problems that this person is creating for you, you obviously need to deal with it holistically because there is a problem of identity fraud which may well continue and will certainly affect you and your family throughout your lives. Nobody should underestimate the seriousness of this kind of thing. Although people will commonly apply the label of "identity theft", what you are actually dealing with here is "identity fraud" and it is well understood in academic circles. The police were quite wrong to say that there was nothing they could do. I'm afraid that this reflects under-resourcing coupled with poor staff development and a poor attitude. There are offences being committed here and the girl herself is committing fraud contrary to sections 1(2a), & 2 of the Fraud Act 2006  https://www.legislation.gov.uk/ukpga/2006/35/contents   Of course the police will find it very difficult to do anything and given their resources, I suppose they have other priorities. However, you could be certain that if your family was related to the head of the local police force, they would be dealing with it PDQ. You say that this has been going on for a number of years – but you don't say how long. Maybe you had better give us a detailed account of what has happened. Please set out in a bullet pointed chronology so that we don't have too much narrative but a good structured idea of what has happened. This should include a list of the problems which have occurred and how they have been dealt with and also complaints which you have attempted to make. You definitely need to start taking this very seriously. How old is your daughter? In terms of opening mail, you should open every letter that comes to you and if you find that it is associated with this fraud, then you should photocopy it/scan it into a computer and start building up a file. I hope you have kept some of the correspondence and other documents which you might have received. Please let us know what you have. You are definitely going to have to start accumulating a robust file of evidence and I suggest that the first thing you do is you start sending SARs out to all of the organisations which have been involved and see if you can tease out of them any personal data that they might have which is apparently linked to you. Either they will provide you with a statutory disclosure – or, of course, it will be amusing if they say that they are more proof of your identity and that they won't let you have the disclosure because they are not satisfied that the data they have relates to you. I don't think you're in a position to make any serious complaint until you have put together a convincing file of evidence which shows that there is systematic identity fraud. We will help you to start to do this and help you to structure the file that you will put together and then we can begin to explore avenues to make a complaint. It also occurs to me that they could be a basis here for making a complaint under the Protection from Harassment Act 1997 although this would be an unusual application of the act – but we can have a look when you put together your file.  
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StL,

 

I fully understand but the short answer is yes, you have to serve a copy of the claimants solicitor. The CPR 15.6 states

 

Service of copy of defence

 

15.6

 

A copy of the defence must be served on every other party.

(Part 16 sets out what a defence must contain)

 

I know it is a bit extra but I also advise sending all documents to solicitors by recorded delivery and printing off the receipt of delivery. Its amazing how many solicitors never receive statements etc from defendants when it does not suit the claimant or their solicitor.

 

Thanks Docman :mad: I thought that would be the answer, I was just clutching at straws in reality :), recorded delivery in the morning it is then.

 

Thank you.

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Hi,

 

I have received a Notice of Allocation to the Small Claims Track (Hearing) for this case, the Judge has ordered that "The original documents shall be brought to the hearing." so I shall just have to wait until January to finally see them.

 

The letter is here;

 

http://i645.photobucket.com/albums/uu180/stleonards_2009/courtsygmaNovember0001.jpg

 

Thanks again.

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Hi stleonards..

 

This is good news, mark those dates .... 14 days before hearing for document/witness statement exchange and of course the court date.:D

 

Start collecting information and notes for your witness statement so you can be well prepared.

 

Have a read of BRW's "Empty Desk" post. Amusing, but on occasion, very true. It happened to me just recently.:D

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2171582.html

 

HTH

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

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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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The postie brought me a letter from Drydens again today, the two pages are here;

 

http://i645.photobucket.com/albums/uu180/stleonards_2009/DrydensNovember1210001.jpg

http://i645.photobucket.com/albums/uu180/stleonards_2009/DrydensNovember1210002.jpg

 

and with it came another illegible/unreadable copy of the alleged Credit Agreement and copies of letters sent to me previously.

 

Drydens don't seem to like me using these forums very much, they keep on about them every time they write to me now :) and they seem to like threatening me also :)

 

Thanks again.

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Didnt they initially say the Default Notice was issued in December 2008 ?.. and did the template notice have a date on it suggesting it was late September 2009. Now they are saying that the screenshot proves they sent it April 2009 ? Also didnt they mess up at some stage and send you a DN with a heading of a company that had us all scratching our heads as to the hell they were ?

 

These are all things you need to mention in your WS/Defence. At the very least it casts doubt over when and indeed if they ever sent one in the first place.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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

 

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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As for the post judgement interest, didnt shadow post up some information regarding that in post 18 ?.

 

It is rather naive of them to think that they can stop you using the internet , perhaps they will find some reason for you not to use the public reference libraries next:confused::lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

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

 

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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Didnt they initially say the Default Notice was issued in December 2008 ?.. and did the template notice have a date on it suggesting it was late September 2009. Now they are saying that the screenshot proves they sent it April 2009 ? Also didnt they mess up at some stage and send you a DN with a heading of a company that had us all scratching our heads as to the hell they were ?

 

These are all things you need to mention in your WS/Defence. At the very least it casts doubt over when and indeed if they ever sent one in the first place.

 

I will be doing CB :D

 

As for the post judgement interest, didnt shadow post up some information regarding that in post 18 ?.

 

Oh yes indeed :D

 

It is rather naive of them to think that they can stop you using the internet , perhaps they will find some reason for you not to use the public reference libraries next:confused::lol:

 

Maybe they would like a ban for LIP's to all legal help? :lol:

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Maybe they would like a ban for LIP's to all legal help? :lol:

 

 

Shhhhhh... dont give them ideas :-D

 

S.

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

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