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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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interweb

Ratio Money - Solicitors Expert in the CCA - NOT!!

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Hi

 

Can anyone recommend Solicitors expert in breaches of the CCA who can help me defend against and litigate against creditors and 'harassers' as appropriate.

 

Please PM me if you are not allowed to post such information.

 

Thanks

 

Interweb

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You don't need to employ solicitors.... you can get similar/better advice from this site for nothing.

 

What is your situation?

 

:)

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Hi

 

Thanks for your immediate reply!

 

I know this forum has excellent information and I am truly grateful for it.

However after 3 years I have been worn down by ten original creditors and their associate DCAs.

I have gone through all the processes and requests,

I have shown them where they don't comply and what they doing that is against the various CCAs, Harrassment Act, Ministry of Justice etc. etc.

 

 

I have threatened them with the Police, and Information Commissioners Office.

..(both the Police and the Information Commissioners Office have been a waste of time)!

And I still get harassed and threatened!

 

One of the creditors has a charge on my house.

They steam rollered this through when I was at a low ebb and when I hadnt found this forum yet.

They then sold the debt on but kept the charge!

I know the agreement does not comply.

So I need to get the original judgement overturned.

 

Fortunately about 6 months or so ago my personal situation changed and I could afford to start paying some of my alleged 'debts' off.

 

 

However after nearly driving me to suicide the last thing I want to do is give these people money!

Anyone who has been through the incessant and obnoxious calls will appreciate this!

 

six months or so ago I handed over all the cases to Ratio Money to handle in a legal way.

 

 

 

Two of the cases are already with solicitors the rest were awaiting allocation,

unfortunately Ratio Money have recently gone into administration

so I am looking for a Solicitor, not a middle man, to take over these cases and finally deliver me from this EVIL.

 

Regards

 

Interweb

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Hi

 

Thanks for your immediate reply!

 

I know this forum has excellent information and I am truly grateful for it. However after 3 years I have been worn down by ten mother....ers and there associate DCAs. Yes, some of them are very tenacious... :mad: I have gone through all the processes and requests, I have shown them where they don't comply and what they doing that is against the various CCAs, Harrassment Act, Ministry of Justice etc. etc. I have threatened them with the Police, and Information Commissioners Office...(both the Police and the Information Commissioners Office have been a waste of time)! And I still get harassed and threatened! Unfortunately, the template letters don't offer you any protection from this and the so-called regulatory bodies are normally as useless as a chocolate fireguard. My belief is that they're there to give us a false sense of security... as there are so many incestuous links between banks, DCAs, CRAs MPs, banks and so on.

 

One of the mother....ers has a charge on my house. They steam rollered this through when I was at a low ebb and when I hadnt found this forum yet. That's unfortunate... They then sold the debt on but kept the charge! Is this what the DCA has told you? Which DCA is this ? I know the agreement does not comply. So I need to get the original judgement overturned. How long ago did the creditor get a CCJ on this?

 

Fortunately about 6 months or so ago my ersonal situation changed and I could afford to start paying some of my alleged 'debts' off. In the absence of CCAs? However after nearly driving me to suicide the last thing I want to do is give these people money! Are you talking about incessant 'phone contact ? Anyone who has been through the incessant and obnoxious calls will appreciate this! Many of us have, including me... but it became a game in the end ;)

 

So six months or so ago I handed over all the cases to Ratio Money to handle in a legal way. What did you want them to do for you.... get the debts written off? Unwise... IMO. Two of the cases are already with solicitors the rest were awaiting allocation, unfortunately Ratio Money have recently gone into administration so I am looking for a Solicitor, not a middle man, to take over these cases and finally deliver me from this EVIL.

 

Regards

 

Interweb

 

Ok... Claims Management Companies (or solicitors doing similar) are not the way to go IMO... as it makes you the claimant and the creditor the defendant. As such, the burden of proof shifts dramatically.

 

I have a thread running on this, but it's a long one. You should get the gist from the early pages of it though... I'll post a link in a minute...

 

:)

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I disagree, i have to say that there are some bad eggs out there, but there are also some darn good lawyers who can take these companies to the cleaners

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First things first. Get a truecall machine. The majority of the calls will continue but they won't disturb you if the phone doesn't ring.

 

Best £100 you'll spend especially if they are getting to you that much.

 

M1

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I disagree, i have to say that there are some bad eggs out there, but there are also some darn good lawyers who can take these companies to the cleaners

 

heres the result of my most recent outing http://www.consumeractiongroup.co.uk/forum/legal-issues/244025-delfi101-et-al-weightmans-2.html#post2729941

 

For a sizeable fee I assume though Paul...

 

I'll take a look at that thread though... :)

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.....

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Does anyone have details of good CCA Solicitors? I am wishing to discuss taking one in with my defence against CL Finance. THank you.

 

You may want to start your own thread on the situation so far.... to give people on here the heads-up as to what's gone on. If it's a Defence you're after, there are people on these forums that can help you for nothing.

 

:)

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Hi, there, thanks for that. I have a thread if you click the link below. Am considering Solicitor as I've just finished Uni and am trying to get my head round new employment. Would be good to get some of the pressure taken from me... Even if I have to sell everything!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/253277-cl-finance-howard-cohen.html

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