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    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
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    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
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Cap1 & CCA return


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They'll probably ignore you but in anticipation why not write to the CRA's Tell them you wish to register a default against the lender.

 

After all they 'pride' themselves & would have us believe they are the 'guardians' of consumer credit industry so surely it's just as important for them to know which companies are actualy flouting the law! Also they seem to let any Tom Dick or Harry (who can pay) use their services

 

Would the site consider having a default register where their failure to supply documents within the statutory time limit can be recorder for all registered members to see?

 

Joncris,

 

I'm about to send in the Bailiffs. I won't hesitate to have it registered with the CRA's. Anyone know how it's done?

 

Tide

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Excellent Idea elsinore.

 

The only thing I would disagree with is that once a default is applied then it stays for at least 6 years even if the do later comply. After all we want to see their history don't we?

 

I think their should be 2 levels of default 1 which comes into being after 12 days & a 2nd criminal default which is applied after the next 30 days.

 

Furthermore, defaults should only be removed at the behest of the consumer/member who placed them

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But why not keep such a default registered for six years? This is what they do to us and it is grossly unfair as quite often the indivIdual's situation can change within a couple of years yet they have this awful millstone which I suspect affects a person's financial standing forever if you consider how it knocks on.

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Looks like i have found the right thread to ask a question about CCA's! I have sent all 7 creditors a CCA and they are all, bar one, over the initial 12 days to respond.

Neither MBNA or MINT have to date cashed the cheque for £1 yet. My only reply has been from Barclays but my question is: is this a properly executed CCA?

Here's the link for the two pages i recieved back from them:

 

http://i157.photobucket.com/albums/t42/davey77_2007/barclays1.jpg

 

http://i157.photobucket.com/albums/t42/davey77_2007/barclays2.jpg

 

Thanks guys and girls!

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi

Was this agreement signed in branch. Did you pick up an application and sign it at home.

 

Regards

Petr

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi - I applied online and the appication was sent to me in the post.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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is this a properly executed CCA?

Here's the link for the two pages i recieved back from them:

 

http://i157.photobucket.com/albums/t42/davey77_2007/barclays1.jpg

 

http://i157.photobucket.com/albums/t42/davey77_2007/barclays2.jpg

 

Looks like the genuine thing, except i can't see Barclays having signed it. If they haven't, then its improperly executed and only a court can enforce it (they are likely to if everything else is OK).

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True there is no 'pen and ink' signiture and all it says is "signed on behalf of Barclays bank.. Stuart Roberts" with the name printed. I have a suspicion that's probably enough though somehow and i am grasping at straws somewhat.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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True there is no 'pen and ink' signiture and all it says is "signed on behalf of Barclays bank.. Stuart Roberts" with the name printed. I have a suspicion that's probably enough though somehow and i am grasping at straws somewhat.

 

Hi

 

Sorry to be a pain but it is quite important did you send the agreement back or did you take it into your bank and discuss it face to face before signing. It is just that i cannot see any cancellation details but i need to know whether it was cancelable or a distance contract to know what to look for.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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hi, no worries. I had at no time any face to face contact. It was all an online application then an agreement to sign and post back. Those 2 pages were all that was sent back to me in reply to the CCA.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Guest Battleaxe
whats happened to Terms posts?

 

At the risk of being Cagbotted again, Zubo can you clear some space in your PM box please

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BA your welcome by me to post any time you want to. your a valuable and treasured contributor.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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elsinore, who would be able to put together a database of lenders and keep tabs on thing, surely this would be a full time job, given the current climate of non-compliance.

 

Tanz

 

A database can be put together quickly. It's keeping it up to date that is a pain point , but there are a few options to minimise the effort required.

 

Anyone needing further details please PM me.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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elsinore, who would be able to put together a database of lenders and keep tabs on thing, surely this would be a full time job, given the current climate of non-compliance.

 

Well, Tanz, what started out as a whimsical comment, developed into a serious suggestion as the post was written.

 

I was thinking that members would submit their own data. The results would not be exhaustive, of course, relying, as they would, on the diligence of some and the apathy of others. Relevant threads, such as this one, could be trawled for information.

 

I know nothing about computer systems, so I'll leave it to others to determine how it might be done. Struggling Simon appears to have volunteered!:) so I'll seek his assistance.

 

Unfortunately, we seem to have lost a few regular contributors, but I expect there will be plenty more, here and elsewhere:roll:

 

Els

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Unfortunately, we seem to have lost a few regular contributors, but I expect there will be plenty more, here and elsewhere:roll:

 

Els

 

Hi Els

 

I do believe that the regulars you speak of, are still here - just camouflaged at the moment... they are still watching tho.

P :-)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Looks like the genuine thing, except i can't see Barclays having signed it. If they haven't, then its improperly executed and only a court can enforce it (they are likely to if everything else is OK).

 

Never pre-empt what the court may or may not do, if it was the case why don't lenders go to court more often to get them enforced. i would argue that it is because the debtor has the option of requesting that some or all the interest be set aside, I would argue that is not a risk that the banks would take.

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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