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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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seklof

Bryan Carter chasing old EGG credit Card Debt

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IMHO I wouldn't send the letter as is.

 

Sorry but BC have never said it was their debt BUT they are acting as the OC's legal representative and therefore have a duty to deal with/pass on legal correspondence.

 

I'll see if I can hack something together in an hour or so if you need


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ok confused a bit m

so i dont send the letter

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Thank you for your letter of ##/##/####.

 

On ##/##/#### I received a letter before action from you, on behalf of Egg Banking Plc. I understand that this is a requirement of the CPR Pre-Action Protocol. I feel I must point out, bearing in mind the Overriding Objective, that I consider your letter to fall far short of what is required of a proper notice. As I am sure you will agree, it is far better, for both sides, to have all the information to hand before rushing, uneducated, into issuing spurious claims, with all the risks that involves.

 

For your convenience I have copied, what I consider, to be the relevant section of the the Pre-Action Protocol for you below:

 

2. Claimant’s letter before claim

 

2.1

 

The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –

(1) the claimant’s full name and address;

 

(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);

 

(3) a clear summary of the facts on which the claim is based;

 

(4) what the claimant wants from the defendant;

 

(5) if financial loss is claimed, an explanation of how the amount has been calculated; and

 

(6) details of any funding arrangement (within the meaning of rule 43.2(1)(k) of the CPR) that has been entered into by the claimant.

 

 

2.2

 

The letter should also –

(1) list the essential documents on which the claimant intends to rely;

 

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;

 

(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

 

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

 

 

2.3

 

Unless the defendant is known to be legally represented the letter should –

(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and

 

(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs

With reference to my letter of January 23, I noted, from your letter referred to above, that you are claiming to be a solicitor, acting on behalf of Egg, therefore you have a responsibility for dealing with my statutory request.

 

I understand that your reply, acting for Egg Banking Plc is refusing to comply with my lawful request and this is duly noted.

 

 

very little actual legitimacy to the letter, however I enjoyed writing it :) and it does get across the important points

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so now i have two letters

im not sure which is the one to send

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IMHO BC have never hinted that they own the debt OR that they are a DCA collecting it - therefore the 1st letter isn't really appropriate as that is aimed squarely at DCAs

 

BC is a solicitor acting as a legal rep for Egg - unless I'm confused here.

 

 

However BC is not Egg's 'normal' legal advisor nor anyone's who needs proper legal advice ...... ;)

In fact does *anyone* know of a case in which BC has turned up against a proper defence and won???


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see what MandM has to say

 

But, at the end of the day, it's your letter, from you. You need to write what you're happy with.

 

BC will probably issue a claim against and if he does he will discontinue if you stand firm - even up to the day of any trial.

 

There is not a letter you can send that will stop him in his tracks - he doesn't work that way. You're gonna have to live with it for the next 6 or 7 years I'm afraid.

 

Treat them for what they are - automated letters from automated monkeys sorry solicitors.

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If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

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so now i have two letters

im not sure which is the one to send

 

gh letter much more fitting.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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In fact does *anyone* know of a case in which BC has turned up against a proper defence and won???

 

 

I've yet to see one lol.


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Def gh's letter there seklof. We were getting ahead of ourselves. The letter from gh puts Mr Carter back in his box for now and gives him a reminder that you're not an easy buck. lol.

 

Have read it and it makes perfect sense to me. Try and understand the contents of it and if you don't understand anything then just shout.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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right guys

iv got the kind of idea here of what i am dealing with - the automated letters have been rollingb through the leterbox for quite some time now but what with the amount of people out there with the same problems im just one of millions

so ill send gh s letter today

see what we get next

shall i send registered again?

 

when you say years how many ?

 

cool

thanks again

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The only claims Carter seems to win are undefended.

I noticed he lost a claim yesterday because he didn’t pay his court fees; poor man times are hard lol.

Carter normally only works for the more disreputable DCA’s.

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Try and keep your letters registered. Write on the receipts what they were for and pin them to your copy. If this donut ever takes you to court I guarantee your paperwork will be in better order than his lol.

 

All helps to build your paper trail covering all events.

 

After 6 years or so it will drop off your credit file. All gone ;). Also, without acknowledgement or payment from you it becomes statute barred so they can't ask for it again. Happy days.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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The only claims Carter seems to win are undefended.

I noticed he lost a claim yesterday because he didn’t pay his court fees; poor man times are hard lol.

Carter normally only works for the more disreputable DCA’s.

 

I wish they'd hand all my debts to him. Would make life so much easier :)

 

M

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________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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omg

its a deep rabbit hole

blue pill or red pill it seems

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The only claims Carter seems to win are undefended.

I noticed he lost a claim yesterday because he didn’t pay his court fees; poor man times are hard lol.

Carter normally only works for the more disreputable DCA’s.

 

yes, here's a BC & Phoenix thread - the two of them together !!!

http://www.consumeractiongroup.co.uk/forum/legal-issues/235385-bryan-carter-letter-think.html

The Phoenix issue is *very* interesting


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yes, here's a BC & Phoenix thread - the two of them together !!!

http://www.consumeractiongroup.co.uk/forum/legal-issues/235385-bryan-carter-letter-think.html

The Phoenix issue is *very* interesting

 

Looks interesting. Will sub and come for a read later.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Looks interesting. Will sub and come for a read later.

 

M

and follow the trail of humbleman's phoenix thread and the securitzation thread. Don't know if you were about when Paul's RBS thread started - there's that same sort of underlying 'something big & rather dodgy's going on here' feeling.


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<<<<<< - they're over there!

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ok gh s letter sent registered

thanks guys

any notes i should be taking? im subbing a lot of threads at the moment , wish i could be of help to some of the people on here but with great knowledge and all that blah

what next

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you'll find there will be threads you can help on - the ones asking for letters and how to send a CCA request.

 

Probably been said already, but get yourself organised - big box file for each creditor and keep your filing up to date.

 

Get CCA requests out to each creditor as you get time. It won'y 'spur them into action' but gives you an insight into what they may or may not have.

As soon as you get a letter before action from a creditor, get a SAR off to them without delay. It is amazing what a SAR turns up, just reading the threads linked to above will show you that....

 

Other than that, keep all DNs and TNs with their envelopes and don't stress and panic.

 

Read threads associated with your creditors and it will give you an idea of what each one does. You get the hang of it quite quickly, like some solicitors specialise in teh 'dodgy end of the business' and they are relatively easy to dispatch and you can 'cut your teeth' on then and have a bit of fun thrown in - hence the letter above.

There are others you would not want to send a letter like that to lol :D


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<<<<<< - they're over there!

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dns tns

guys love the abbs but im new to this stuff

default notice i guess s dn

tn?

lost

ill get there

cheers

its gonna be a fun 5 years by the looks of things

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tn = termination notice. you'll have your own in time :).

 

Don't be afraid to ask anything. There's no such thing as a stupid question on here.

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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There's no such thing as a stupid question on here.

 

Are you sure about that ? :eek:

 

 

there's one for starters ;)


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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cheers i need a good laff

all good so far

i found some pounds under the bed im gona do soem cca s

not much fun on benefits

onwards and upwards

o how the mighty fall

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very little actual legitimacy to the letter, however I enjoyed writing it :) and it does get across the important points

great letter

stopped him in his tacks

illl post the lette up as soon as my scanner starts working

 

in the meantime i cca d egg - they came up with an agreement, ill check if they got it to me in time

 

its 12 days from posting am i right - long days and sleepless nights however thank to this site and all the help its slowly turning

 

:confused::eek:

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