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    • As you have no income, you should complete a benefit check to see if you are entitled to any benefits: https://www.entitledto.co.uk/   You can submit the N244 before a warrant of eviction is granted but all that would do is reset possession proceedings. It is likely that Brittainia will continue with possession proceedings anyway even where the possession order is successfully set-aside. The issue is that you have very little to offer and Brittania is unlikely to agree to let you live in the property indefinitely until you sell it while paying £10 per month, that could take months/years. It wouldn't let you capitalise arrears because you can't meet the mortgage repayments even if they were.   I'd suggest that you speak to a housing advice organisation such as Shelter for assistance, it can gather further information and advise on what your best course of action is: https://england.shelter.org.uk/  
    • Hi,   I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International   The claim is dated 24 May 2019 and I have filed my intention to raise a defence to extend the period to 28 days today   They claim: The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant. Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67 and also claims interest thereonprsuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05   Amount Claimed 1161.72 Court Fee 70.00 Legal Costs 80.00 Total Amount 1311.72   In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found.    So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?   Thank you in advance
    • Received paperwork now from them prior to 30th deadline. is it worth uploading here or just send my 181 back with the draft directions from my side? 
    • Ah ok, thanks Andy. As of yet i have heard nothing from the court since i received the N180 from lowells.
    • you NEVER offer PS it opens you up to 6more yrs of harassment as you've ack'd the debt and they'll sell the rest on.   just do the CCA..   its probably very close to SB so they leave things late to get the most interest out of you. if they issue a backdoor CCJ.
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
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      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
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    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
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    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
Fisttime

Help please with defaulted accounts

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Hi all, new here & desperate for help please. RBS are taking me to court as I could no longer afford to pay my overdrafts.

 

 

The amounts totalled around 6k. After charges and interest this rose to 8.5 k. I complained to RBS and they refunded down to 5.7k. I'm with the Cccs who told me to offer a £5 per month payment which rbs accepted with condition I agreed to a charging order on my house which I told them to shove ..

 

As it stands I also asked to see my original signed agreements for the accounts - they have said that because the accounts were opened in 1998 they are no longer available.

 

Is there any defence to any if this or should I just admit the lower balance and hope for a sympathetic judge to get a payment plan agreed. Thanks in anticipation.

Edited by citizenB

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The RBS...............................again. Anyone would think they'd never been bailed out before!

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HI welcome to CAG,there are no regulated agreements for overdrafts as such usually a letter of acceptance of the facility is issued, but documents should be kept for 6 years after the account has been closed.

It would I feel have been best to accept the CO and pay the £5 deal that was open, a judge may not view this favourably.


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Hi thanks for the reply & welcome. RBS have stated that they only needed to keep the docs for 6 years from the start of the account.

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Hi thanks for the reply & welcome. RBS have stated that they only needed to keep the docs for 6 years from the start of the account.

in that they are wrong 6 years from closure!! You can challenge that.


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in that they are wrong 6 years from closure!! You can challenge that.
thank you yes- I specifically said that it was my understanding that they had to keep the signed docs for 6 years After closure - rbs stated clearly that it was 6 years from signing. Thought that was bs - I'll write to Cobbetts & challenge them on this. Thank you !

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Good be very positive in your approach!!!


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Is there any document retention code or practice protocol regarding this I can quote that you're aware of brigadier ? - thanks again

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Is there any document retention code or practice protocol regarding this I can quote that you're aware of brigadier ? - thanks again

 

Do you mean for the retention time ?

 

I believe it is covered in the Tax and Money Laundering codes..

 

Money laundering act 2003

Post 6 by cerberusalert

http://www.consumeractiongroup.co.uk/forum/show-post/post-2990050.html

 

6. - (1) A must maintain procedures which require the retention of the records prescribed in paragraph (2) for the period prescribed in paragraph (3).

 

(2) The records are -

 

(a) where evidence of identity has been obtained under the procedures stipulated by regulation 4 (identification procedures) or pursuant to regulation 8 (casinos) -

 

(i) a copy of that evidence;

 

(ii) information as to where a copy of that evidence may be obtained; or

 

(iii) information enabling the evidence of identity to be re-obtained, but only where it is not reasonably practicable for A to comply with paragraph (i) or (ii); and

 

 

(b) a record containing details relating to all transactions carried out by A in the course of relevant business.

 

 

(3) In relation to the records mentioned in paragraph (2)(a), the period is -

 

(a) where A and B have formed a business relationship, at least five years commencing with the date on which the relationship ends; or

 

(b) in the case of a one-off transaction (or a series of such transactions), at least five years commencing with the date of the completion of all activities taking place in the course of that transaction (or, as the case may be, the last of the transactions).

 

 

(4) In relation to the records mentioned in paragraph (2)(b), the period is at least five years commencing with the date on which all activities taking place in the course of the transaction in question were completed.

 

(5) Where A is an appointed representative, his principal must ensure that A complies with this regulation in respect of any relevant business carried out by A for which the principal has accepted responsibility pursuant to section 39(1) of the 2000 Act.

 

(6) Where the principal fails to do so, he is to be treated as having contravened regulation 3 and he, as well as A, is guilty of an offence.

 

(7) "Appointed representative" has the meaning given by section 39(2) of the 2000 Act and "principal" has the meaning given by section 39(1) of that Act.

Vjohn on Money laundering law

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?245159-series3-v-MBNA-Optima&p=3093892&viewfull=1#post3093892

 

 

 

Money Laundering Regulations 2007 No. 2157 15th December 2007

 

Record-keeping

 

19.—(1) Subject to paragraph (4), a relevant person must keep the records specified in paragraph (2) for at least the period specified in paragraph (3).

(2) The records are—

(a)a copy of, or the references to, the evidence of the customer’s identity obtained pursuant to regulation 7, 8, 10, 14 or 16(4);

(b)the supporting records (consisting of the original documents or copies) in respect of a business relationship or occasional transaction which is the subject of customer due diligence measures or ongoing monitoring.

(3) The period is five years beginning on—

(a)in the case of the records specified in paragraph (2)(a), the date on which—

(i)the occasional transaction is completed; or

(ii)the business relationship ends;


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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

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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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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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Fantastic , thank you again for your help! You never know , it might have some leverage. I'll let you know the response ? Thanks

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If you need help drafting your response, just shout.

 

Do please remember that if a claim has been issued, there is only so much time to respond.

 

Issue date + 5 for service + 14 to acknowledge claim + 14 to submit defence if that is your intention.

 

Can you let us know exactly what it says on the claim form? The reason they are saying they have issued the claim ?


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

 

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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Hi Citizen thanks for the reply, the particulars of claim are:

"The claimants claim relates to outstanding bank accounts maintained by the defendant with the claimant as follies : (lists seven accounts) - The claimant is the holder of a license under the consumer credit act 1974. The claimant has made demand /issued default notice in respect of the outstanding accounts. The def has failed to repay and/or the default notice has not been complied with (never received default notice &RBS say they don't keep copies) The total amount outstanding set out above includes accrued interest at the relevant agreement rate (contractural) from the date of demand /termination date to the date of issue. And the claimant claims 1.£8,959.04 2. Costs 3. Interest pursuant etc. " Rbs haven't amended the claim amount with the court when they took off all the interest & charges accrued. Thanks for any help - its greatly appreciated

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Did they send a demand(s) ?

 

7 accounts ?

 

Are these all current accounts with overdrafts ?

 

Can you perhaps give a little more detail.

 

You got to a point where you could no longer service the account(s)

 

Did you speak to the bank and ask for help - what was their response.

 

Do you have other debts with more priority?


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

 

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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Yes, my finances were /are dire. Income and expenditure sent to rbs , prepared by Cccs. The response from the bank was to refund the interest & charges. I'm worried by the charging order threat as this will add more costs & interest on ! It stinks that they can't even produce my original spplications - the reason I ask for them is because I don't ever remember signing any agreement

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