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    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
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I am 34 weeks pregnant with my first child and I know it's irrevelant but i suppose it might help you understand the story better.

My so called partner just left me to deal with a new baby on my own so I have been trying to deal with this emotionally AND financially.

I have a frost free fridge freezer from Bright House which I suspect uses a lot of energy! My electric bills have been very high since I got it! But anyway I missed three payments of £6.38, that eventually added up to roughly £23 (including late payment charges). Last weekend I was going to go down to pay them but before I could, lo and behold I see a calling card saying they had visited my home!!!!

I was fuming and refused to contact them after that. A few days later I got home struggling with my cotbed when some idiot who said he was from Bright House was near my door. I told him I'd alredy paid and if he didn't get the hell off my property I'd call the police!

He said that he had every right to be there! Can you imagine??

 

Isn't this trespassing? Am sure these people are breaking the law!

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Where on your property was he? If he was going up to knock on the front door there is nothing stopping him its accessible from a public right of way and would have no private property signs (I assume) and he would have been conducting business anyway, anywhere else on the property would be trespass.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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the building operates on an electronic door system. You need to press a buzzer to get in. He was standing in front my door with his finger on the bell. I have no idea how he got in.

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It could be a mixture of pressing the trade button which works at certain times of the day, or someone else letting him in. As I am guessing that this only leads up to your property you would have to speak to the building management. In my opinion he wouldn't be liable for trespass from yourself unless he entered your property.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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I am 34 weeks pregnant with my first child and I know it's irrevelant but i suppose it might help you understand the story better.

My so called partner just left me to deal with a new baby on my own so I have been trying to deal with this emotionally AND financially.

I have a frost free fridge freezer from Bright House which I suspect uses a lot of energy! My electric bills have been very high since I got it! But anyway I missed three payments of £6.38, that eventually added up to roughly £23 (including late payment charges). Last weekend I was going to go down to pay them but before I could, lo and behold I see a calling card saying they had visited my home!!!!

I was fuming and refused to contact them after that. A few days later I got home struggling with my cotbed when some idiot who said he was from Bright House was near my door. I told him I'd alredy paid and if he didn't get the hell off my property I'd call the police!

He said that he had every right to be there! Can you imagine??

 

Isn't this trespassing? Am sure these people are breaking the law!

 

 

 

 

In commom law their is only an implied right of access, what this means is you have a right to withdraw that right. Send a letter to the company stating you are withdrawing their implied right of access to your door. Let us know how you get on..

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yes i sent a letter to them last week Saturday via first class mail. They have yet to reply. The gentleman who came was trying to bully me to come into my house even though he had called the office...who confirmed that I'd paid the bill. This guy was hell bent on trying to come in! When he realised he was getting no where he said 'Yes well you're loan is up to date. But I will be waiting here in future.'

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When did you get the fridge freezer? I only ask as if you have paid more than 1 third of the agreement Brighthouse cannot reposess it without a court order.

 

I would suggest that you write to Brighthouses head office and to the store manager explaining your problem to see if they will help.

 

Sorry for your partner leaving you. I was in the same position 10 years ago when my ex left me but i have brought our daughter up on our own.

 

If there is anything else we can do then just ask.


:cool::cool: Blondmusic :cool::cool:

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thank you very much Blondemusic. I purchsed the fridge in April this year so i guess thats why they are behaving this way.

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yes i sent a letter to them last week Saturday via first class mail. They have yet to reply. The gentleman who came was trying to bully me to come into my house even though he had called the office...who confirmed that I'd paid the bill. This guy was hell bent on trying to come in! When he realised he was getting no where he said 'Yes well you're loan is up to date. But I will be waiting here in future.'

 

 

 

The guy that turned up might have been on commission only..

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Is it on a 2 year or 3 year agreement? 156 weeks is a 3 year agreement and 104 weeks is a 3 year agreeement. If it is only a 2 year agreement then they cant take it back without a court order.

 

Have you paid it up to date since?

 

Are you paying Optional Service Cover for the Fridge Freezer? If so then i suggest you cancel it (See Lefty's Brighthouse Factsheet Sticky for the letter) and that will save you some money.


:cool::cool: Blondmusic :cool::cool:

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CAG BrightHouse Fact Sheet HERE

 

But, if you're in a hurry, here's the bit you need...

 

Cheers

Lefty

 

 

 

If you have paid more than one third of your agreement total, BrightHouse must seek a court order before they can re-posses their goods – which are now considered as “protected goods”. (Note - if, after one third of the agreement total has been paid and BrightHouse do re-posses their goods without a court order and without your permission, then Brighthouse are in breach of their agreement and you are entitled to claim back all payments made previously on it.)

 

Even if you have NOT paid more than one third of your agreement total, BrightHouse must still seek a court order (return order) to re-posses goods from your home - even then they cannot forcibly enter. They can, however, re-posses their goods if they are in a public place.

 

If BrightHouse do decide to apply for a re-possession order (or return order), you will be notified of the hearing date and you will have the opportunity to put your case forward in court. If you want to keep the goods (and continue with your agreement) you must show the court you can still afford the repayments, and you should make a reasonable offer to reduce your arrears. The court will make a judgement and, if acceptable, order BrightHouse to accept your offer.

 

If you have paid more than half of the instalments on your agreement you may, if you wish, return the goods voluntarily and without any penalty.


If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!

 

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yes my payments are up to date. i sent a letter in September to remove the optional cover but they ignored my letter! they claimed that they were under new management and the letter had got 'lost'.

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