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    • I'm really not sure what all the above refers to and why you are bothering with it.   This is an overdraft current account ?   You entered into it in Scotland ?    Claim was issued 14/09/18   The last payment date by YOU was 18th Nov 12   Section 78 is not applicable to overdrafts.   Andy  
    • Hi Andyorch.  Todays good news is - the matter is now dead 😀   Many, many thanks for your help and advice.
    • Hi Guys,   My friends wife ignored letters from Horizon Parking and their solicitors and now has a CCJ registered on her credit file.   Stupidiy, she also ignore the claims form which come from Northampton Bulk centre as it looked photocopied and she thought it was fake. At the same time her work colleague did the same.   Her work colleague went to stand as guarantor for her daughters loan and got refused, she has now found out that a CCJ has been registered two months ago, so my friends wife checked her credit file and has the same, from two months ago.   Both received claims forms and didn't fill them in. Neither of them have received notification of judgement however. I am right in saying still that they should of done and would of been given the opportunity to pay the claim within. month at that point and not have a CCJ permanently on their file. If this is the case, what is the way forward? Set a-side ?
    • EXHIBIT K   24th March 2019   Lowell Portfolio I Ltd 9 Savannah Way Leeds LS10 1AB   Dear Sirs   Your Ref: 1...….     MFS Portfolio Limited v Phelan West (2019) I write to draw your attention to recent successful appeal case regarding a personal current account with overdraft facility; the decision was made before HHJ Walden-Smith sitting at Cambridge County Court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination. It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act.    In view of foregoing, I note that your company have failed to comply with S78 CCA 1974 therefore your claim is unenforceable. So it is in your own interest (and to save cost) that I demand yourselves to discontinue this matter with immediate effect, otherwise I would be seeking compensation awarded against your company through the court for my time and legal cost to myself for consulting solicitors for advise in defending this claim which I consider not valid since you couldn’t also substantiate it when ask to prove it.   Yours sincerely
    • Hi Micky,   The letter you sent was your Prelim Letter and you should send an LBA before issuing proceedings.   1. Who replied to your letter that was taken in to the Chingford store - eg was it the store manager.   I suggest you send your LBA to the store Head Office enclosing a copy of the original letter and give them a final 14 days to reply and refund.
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o prior to my line going active on the 19th, I was given an offer for 6 months half price line rental to try and keep me proceeding with the order as Sky had offered me a good deal to stay with them.

 

I was happy with this new offer so obviously told sky I wouldn't be sticking with them. It was at this point they threw out a great offer to which it was back to TalkTalk to tell them I wouldn't be proceeding.

 

On the 13th January, on the live chat, an advisor named Reshan stated ;

 

Reshan:

The order is 6 months half price call plan, with line rental and your package.

 

Reshan:

Thank you for your patience.

 

Ryan: you're very welcome.

Ryan: Yeah, that's the offer I had a note off, that works out just below £65 more expensive than the sky offer. This is absolutely the most you can offer?

Reshan:

I can offer you 12 months half price on your package.

 

Ryan: that would definitely beat sky so I would be more than happy with that Reshan!

Reshan:

Please give me a moment.

 

It was at this point the advisors computer stopped working and the offer wouldn;t be applied right away. Notes were being made and it would be applied shortly. I've tried so hard trying to get this applied and advisors are saying what he is saying is 12 months off the broadband cost which is FREE for 18 months so essentially no difference to the package. From the context of the chat I was having, I assumed it was off line rental but TT are insistant that Line Rental is seperate and not part of the 'package'.

 

I've also been on to the Chief Exective Office and they've been so helpful too......not!

The person I spoke to said that what Reshan meant was he was extending the offer of FREE broadband from 12 months to 18 (Even although that's not what is said above) ; that's all the person from the CEO team emphasised - I then found my welcome letter which states FREE broadband for 18 months which was generated before any discounts were applied.

 

I just feel that I have been totally misled into proceeding with the order. I have trailled back through all the chat logs and found this gem this morning which again totally contradicts the executive office's stance ;

 

Joan:

You're welcome, okay. Here's what I can do for you. Since the account is still not yet active I will need you to contact us right after the 6 months end to add another 6 months of the Half price line rental.

 

Joan:

Now if after 6 months it's not available we will just apply a credit for you equivalent to the offer.

If I proceed down this route I can absolutely see what would happen 6 months down the line ..... it would not be honoured whatsoever and it would be more of a headache.

 

Can anyone advise me of what I can do as nowhere is being helpful!

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