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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Recieved SD from Hamptons, Lowell portfolio l LTD


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yes good point

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i'd just sit tight an await the SAR now

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX, not sure I want the wait! Im very keen to satify an inner need to write to Hamptons to let them know how crazy they are refering to none existant CCJ's yesterday and sending this crap out the day after aswell but I will wait, I will wait......Patience is a virtue and all that.....:-)

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I have never made a payment to Lowells so im pleased to hear this fact, is this coverd in the cpr rules?

 

 

I am not sure that it is in CPR.. but logic says..

 

You have never paid any money to Lowells - so WHERE did those figures come from.. You want to see statements from the original creditor in order to satisfy yourself that the amount is correct.

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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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  • 2 weeks later...

Hi caggers!!!

 

Ive had a quiet week or two and thankfully received no more from Hamptons Lowells or the original creditors. So still having no paperwork from the claimant or the SAR's! So ive spent the afternoon reviewing my case notes on this as the big day is looming next week! Getting a little nervous if honest and hoping the postman stays away next Monday and Tuesday!! :oops:

 

Just thinking about my expenses I have drafted up but not sure how or if to claim for fuel costs as I will have coverd 190 miles! Is there a rate per mile or am I in lala land lol.

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Ok cheers 42man thats good to know!!

 

Just another daft question if you dont mind, i have my expenses worked out and think im going to email them to the court having just found they have an email address for receiving edocs, do you think that would be ok? There is a fax number but who has a fax these days lol.

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Are you able to telephone first to confirm that it is ok to email !

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Uploading documents to CAG ** Instructions **

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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

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1: How can BCOBS protect you from your Banks unfair treatment

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

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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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Ok, nothing in the post today hurrah!!!! :-)

 

Ive just rang the court and confirmed its ok to email in the costs ready for tomorrow and Hamptons haven't filed anything so no surprises hopefully. Im getting a bit anxious though as the big day looms tomorrow and dont have anything formal to wear and worried Hamptons will turn up and ask for an adjournment to get the nos and cca :| Im gunna make sure the judge does an or else if that happens!

 

The anxiety is killing me! Ahhh role on tomorow!!!

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Make sure you show the judge how angry and annoyed you are at having to deal with this, tell him/her how this seems to be a multiple breach of not only the Consumer Credit Act, but The Consumer Protection From Unfair Trading Regulations 2008 in line with their own associations code of conduct, Be frim but polite, don't interrupt the judge when he /she is talking, call him/her Sir or Madam. and ask for your costs.....be warned if anybody turns up representing Lowells, they may want to talk to you before the hearing, state that you will listen to them, tell them you will not litigate or defend in a waiting room and that you will let the judge decide.... conversations outside the court room have been known to appear IN the court room AGAINST the defendants favour....

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Ok, nothing in the post today hurrah!!!! :-)

 

Ive just rang the court and confirmed its ok to email in the costs ready for tomorrow and Hamptons haven't filed anything so no surprises hopefully. Im getting a bit anxious though as the big day looms tomorrow and dont have anything formal to wear and worried Hamptons will turn up and ask for an adjournment to get the nos and cca :| Im gunna make sure the judge does an or else if that happens!

 

The anxiety is killing me! Ahhh role on tomorow!!!

 

You dont need to wear formal.. clean and smart casual will do the job. As 42man has said, just be polite to the Judge.

 

When I went to court, I was very tempted to jump in when the opposition were telling porkies.. bite your tongue is best :lol: Wait until it is your turn then just be concise and do your best to be confident.

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

1: How can BCOBS protect you from your Banks unfair treatment

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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Thankyou guys, your words have eased my anxiety slightly but i wont be settled until I have my expenses cheque in hand lol. And don't doubt for a second that I will be laying it on thick to the judge regarding Hamptons conduct as I truly am disgusted that they think they can bully and cheat ignoring there own rules of conduct attempting to ruin a person for debts they clearly cannot prove exist at this stage. Shocking.......

 

I wonder if they even turn up or send someone, if they don't do you think the judge would agree to set it aside despite still having 10 or so days left for the SAR complaince?

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Bereft of any relief that can be afforded you by the civil procedure rules, you have made more than a reasonable attempt to gain information.....if you have any sniff of a 'triable' issue then the judge should set aside. But sometimes this can depend on the judge.....so be aware of this.

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As citizenB said. if they start telling lies, make sure you bite your tongue. You can contest what the other party said when it is your turn to give evidence. Let them have their say, and they will let you have yours.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok guys understood I will be sure to make notes if they arrive and start lying so i can counter them with reason and thanks, im still kackin' it though :|

Today i made 3 copies of all letters i have sent and recieved and put them togethor in three handy little packs with an index on the front, should it be needed :-)

 

Infact if they do show I am looking forward to asking them to explain what they are on about in there letters (one for each claim) regarding a CCJ.. from post 112.

 

 

 

We are in reciept of your request for a copy of your credit agreement in accordance with section78(1)of the consumer credit act 1974.

 

We are requesting a copy of the agreement from the original lender with whome you originally entered into the agreement.

 

 

Whilst we liase with the original creditor in relation to your request, we confirm that our client intends to continue with their current action having the benefit of the above mentioned county court judgment. This will remain the position should the information be unavialble.

 

If you have any queries etc.........

 

EDIT: re reading that made me laugh as they are saying that they will proceed to try and ruin me for pennies even though they have no evidence to date.

Edited by will lliw
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Just back from court and im livid, livid at myself first and foremost but equally livid if possible because of the lies that fell out of the solicitors mouth and the judge accepting them!

 

In short my Application to set aside demand was dismissed due to being out of time despite being given the green light prior to the hearing. What an utter waste of time and fuel that was, why didnt they just refuse the hearing when it was presented to the judge earleir on application and save us all the bother.

 

Thats not all, more later when I calm down.

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I got an ******* judge big style yes.

 

I was out of my depth from the off so it seems, very very interesting experience.

 

A summary:

 

Just as I was leaving the house this morning the postman arrived with a letter form Hamptons saying please find enclosed a copy of letter of asginments as requested. Inside were indeed two invalid NOA's as they were from Lowells on Lowells headed paper and signed by Lowells, somebody called Andrew Bartle chief operations officer. So basicly I was in a good mood driving to the court, I clearly had the advantage so I thought and couldnt wait for Hamptons to hang themselves with these..

 

Prior to the hearing there solicitor walked by and called me by name, I looked and she said exact words "come on then lets get this sorted" walking to a side room and gesturing me to follow and so I did. Once inside she offerd me a seat so i sat and then she said I am going to ask for this to be set aside and I went all light headed at that point. Firmly I told her I was prepared to listen and nothing more. She then produced a piece of paper titled consent order and gave me a summary of the contents verbally, then she asked me what I thought so I reminded her that I was not there to discuss anything even though i had this set aside thing whirling around. With that she gave me the paper and said lets go tell the judge we are ready. She spun my head properly, very cunning indeed.

 

At first the judge started flicking through his book and was giving the solicitor some grief about the rules of service asking her what they were. As this was going on I thought very nice, here we go. Then she tells him they sent me 21 letters in total and three from a process server prior to the SD and I never recieved them I swear. I contested this to deaf ears by the looks of it. She also claimed the server had conversed with a neighbour, which is odd as I dont have any living in a detached flat in the centre of town. I said this was all news to me and the only letter I had recieved was the SD posted through by hand, no responce from judge but i dont htink he believed me.

 

The lack of CCA was a no go, the judge said the rules are being loosend up on that and as far as the lack of NOA the judge said he was happy the debt was genuine as he believed the solicitor lies about them sending it out way back. I pleaded my case stating the POC relied on it and I was not in possesion of a NOA let alone a valid one.

 

 

The judge asked why I had not applied in time and this threw me as I though we had passed that hurdle, I said what was on my statement and whilst he danced around repeating himself about it bieng out of time so I got the impression he was giving me time to jump in but I had nothing so he started talking about dismissing my application.

 

As a last resort I batted the OFT guidlines about SD being used as debt collection tool and trying to ruin somebody for such a frivolous amount was crazy, the judge said two thousand pounds is not a frivolous amount and something along the lines of how else are they supposed to collect debts.

 

I was beaten, very angry and well ****ed off by then.

 

At the end I asked if the judge would now be demanding Hamptons submit there petition as I understood this was the proper procedure now but he said im the judge and i decide.

 

I walked out and told there solicitor I was dealt a bad hand and I was disgusted as i told her she didnt have a valid NOA or any other proof the debt is valid..

 

 

 

I probably missed one or two things but it was certainly a learning curve and a mistake I wont be making again. So I find myself facing a petition if they do submit one even though they do not have an original CCA for the one debt it applies to and the lack of NOA's as well, i feel like justice died in that court room today.

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"The lack of CCA was a no go, the judge said the rules are being loosend up on that"

 

I can't believe he said that.....the Consumer Credit Act is a statute that can't be ignored....

 

Possibly not his exact words but yes he said the lack of a CCA didnt matter as the lack of a CCA was being loosend up, as he was saying that he saying it to the solicitor and they were both nodding. I can tell you I was shocked.

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Possibly not his exact words but yes he said the lack of a CCA didnt matter as the lack of a CCA was being loosend up, as he was saying that he saying it to the solicitor and they were both nodding. I can tell you I was shocked.

 

If they havent complied with an s78 request, it does matter ?

 

what the hell did he mean by "being loosened up" ?

 

Something seriously wrong with this..

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

1: How can BCOBS protect you from your Banks unfair treatment

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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