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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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DCA - and Ex Directory


Allyxia
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Had a problem with a DCA a few years ago (before I wise - worshipping at the alter of CAG) which pertered us with phone calls 10 times a day all hours of the day.

 

We got an answer so we could screen their calls in the end. But things got so bad that I changed my number.

 

Im now Ex directory and have call barring.

 

Now out of the blue the other day the phoned us again!

 

How on earth could they have got our telephone number?

 

(they havent called back because this time Id been on the CAG site and we had the "whos calling....Is Mr S there.....Whos Calling.....I cant tell you unless you confirm your Mr S....".) Ha ha Ha... they not called back.

 

Anyway I digress.... I never ever give my home number out (not even to utlity companies...so ther must be a leak somewhere, any ideas...anybody else had this?

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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DCAs have a number of ways of obtaining information. Mostly these are legal (just) but some of those operating at the fag end of the industry use methods that could get them in trouble if the powers that be actually wanted to enforce the law.

 

Depending on your phone provider you may be able to obtain the equivalent of BT's Choose to Refuse Service. This allows you to bar any number you specify and even the last number that called you even if was withheld. The barred caller gets a message saying that you are rejecting their calls. The service would be even better in my view if you were able to record your own message :-)

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Have you completed any application forms or store card/credit card info that would have been added to your credit file? A s7 access request to the CRAs might reaveal the number is there (but not who placed it). Be suspicious of anyones updated data on or after your new line went in.

 

Also, but I've yet to verify this - NTL provide information to CRAs and could equally likely pass your phone number as - part of your credit record. Being ex-directory, means just that - there's no Ex-CRA option.

 

Anyone wanting to permanently disappear and is a BT customer you cna opt for a service called NQR - No Quoted Reference. This is normally used by firms who have 0870 numbers and don;t want the public discovering the existance of a normal number. The only people who know the number are BT's account department. The cost of making a line NQR is £0.00

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Due the nature of my job (I deal with young offenders and wife abusers) and the resourcefullnesS of them to trying to take whatever greivence out on me, means I have my number blocked when I call out etc etc. I dont even give me number as a security check for utlity bills etc etc.

 

Since when did It become an offence in the light of organIsatins that you give them your home phone number why cant they just write to me.

 

Im sick to death of it, couldnt get a mobile phone the otherweek without given my land line number so finally gave up. then they called me (trying to see if I was happy) at 9;22pm, you can imagine how unhappy I was I wrote a letter of complaint the next day!!!

 

I feel since Ive been on Mat leave the amount of phones calls, junk mail and cold callers (i now have a sign on my door) disturbing me each day is disgusting, sometimes I feel under siege in my own home - AND I LIVE IN THE MIDDLE OF NOWHERE!!!!!

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Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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It's all about cost - they can contact you at a cost approaching 80% less by using the phone than sending a letter. But you do appear making heavy weather of it. All they want is a telephone number, get yourself an 0870 number from FleXible Telecoms™ - Free personal & business non-geographic phone numbers for FREE. Not only do you earn money when folk call you, you can set up time of day diverts that will stop you being bothered at the hours and days you specify. You may need to change your existing BT number to another so as to start 'fresh'.

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not so much heavy waether but with 2 young babies in the house im sick of them being woken up by the door or the phone. Also i think its completely unacceptable for companies to becallingmy home after 7pm at night whatever the reason!!! they may be stuck in work but after 7 when the kids go down i just want to switch off and relax!!!!

 

As for after 9, well im usually in bed knackered then after working looking after 3 kids etc etc!

 

i also work a 24 hour emergency hotline for the organinsation im employed by I dont want businesses clogging up my time when im on call!!!!

 

I really dont think there is anything wrong with having privacy in my own home!! The onlypeople I want to speak to are my friends and family. Not some iodiot askign me if Im happy with their service!!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Nooooo! I quite agree you shouln't be disturbed, the 'heavy weather' referred to was in it's so easy to give them a telephone number on YOUR terms, and that you control (and can disconnect on a whim, if you wanted). Consumers have been empowered too - do it! /;)

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Sorry read it wrong (thought it was a bit off from you? - see my other post somewhere to you, head in clouds today!).

 

See what you mean now!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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get yourself a mobile number (50p per sim card) call all companies you don't like and give them that number and also have a call divert to that number for a while just in case. you soon should be ok.

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I donlt think it's as widespread as you think, but many folk are giving out mobile numbers for the very reason they can become dispensible if there's a problem - their usual 'home' number is treated as private. As noted earlier, many applications for credit ask for a mobile number, but also request a landline otherwise the application may fail.

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True Okon, ive had credit refused purely on this matter!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Flextel's website seems awfully devoid of information regarding your cut when you get an 0870 ...

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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It's buttons really, about 1p/min on an 0870 but as they do sell 'nice' 0870 numbers, I used my credit to 'buy' a number that match the same last digits of my home phone - the credit is then scaled up to something worthwhile!

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cant imagine my friends and families reaction though if I do this!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Your friends and family would have your direct number though so it wouldn't make any difference to them. The 0870 only routes it to your own phone.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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Because it's treated with much the same distain (and CRA stigma) as not being on the Electroal Roll. Having a phone that is ex-D isn;t the issue, NOT having a phone gives the (false) impression that you're fly-by-night and your tenure is suspect!

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A credit agreement? Not on my BT or NTL line, and even mobile phone contracts are (usually) nor regulated under the CCA as the pupose of the loan isn;t to provide credit, but access to a device that makes telephone calls!

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So, if you get a CCA default notice from your phone provider ...?

 

I'd laugh like a drain! I've never completed a credit agreement for telephone service, nor for my electricity or gas supply, but like DDM's I don't do them either, so I'll be in the minority there then too!

 

As a side issue - I came across this on a webside for car hire, and they want to check you through a CRA - look at this:-

 

Rental counter Payment requirements

 

 

Overseas Customer: Credit Card: (MasterCard, Visa, Amex)Cash: £500 excess if Mastercover not taken (only £75 if Mastercover taken) + £50 fuel prepayment + passport and return flight ticket and confirmation of the overseas address. UK Resident: Credit Card: (MasterCard, Visa, Amex) must be in drivers name. The hire must have sufficient funds to cover the £500 excess if Mastercover not taken (£75 if Mastercover taken) + £50 fuel prepayment.Cash: (not allowed if renter under 25).Some locations only accept credit card (see appendix 2). An Equifax credit check will be requested: No cash accepted on Sundays or Public Holidays, unless an Equifax credit check is carried out in advance. (advise to pre-qualify to avoid disappointment) Equifax opening hours: Monday to Friday 08.00 – 18.00 and Saturday 08.00 – 13.00 The hire must have sufficient funds to cover the £500 excess if Mastercover not taken (only £75 if Mastercover taken) + £50 fuel prepayment. Two telephone references must be taken. One of these MUST be employer number. If unemployed telephone numbers must be verified in the telephone directory or by directory enquiries. Mobile, taxi company and unlisted numbers are not acceptable. "

 

 

Needless to say, I didn't bother!

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I didn't necessarily mean a credit agreement within the meaning of the Act. I meant the plain English - an agreement which allows you credit.

 

IOW, you pay for your calls at the end of the quarter, so you get them on credit until that time.

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