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    • Apologies in replying, I was up for 30 hours and had to catch up on sleep. And I don't have my laptop right now either.    I already sent in the defence on Tuesday  as that was the only day I could before the 24th. I did use the defence from CAG, I did try rewrite as best as I could removing a lot of the waffle, making the set points with the evidence.    When I hear from the court next - I believe a questionnaire and direction of some sort- I will update you and see what the next steps are.    Thanks a tonne!! For all of your advice! I wouldn't have been able to even get close to what I have with setting aside the ccj and the defence without you. I am very lucky to have the help I've been given from you all out of your own time. You are awesome!
    • this is a normal contract for when you forget your wallet and fuel up your car and then promise to pay them later. If you return righ5t away you dotn pay any extra and you can even demand your paperwork back from the garage as they then have no lawful reason to process it. Now is it a fair contract? well, yes and no, if you dotn have the means to pay for your fuel before you fill up then you are committing a criminal offence by doing so but as i many cases of this nature the company would rather farm all the aggro out to a third party who then screw you out of money rather than invoke the available law. So, as you werent offered the contract to consider before you fuelled up then none of it is enforceable and the petrol companies should get their heads around this rather than allow the third party just coin money out of the unfortunate or forgetful   what I fail to understand is why you didnt just pay for the fuel with the card that you were going to use to get the cash? As for the rest of your story listing your afflictions , that doesnt make any difference to a contract, if you are not capable of entering a contract you shouldnt be driving either.
    • Their Order is somewhat confusing...yes you get your set a side and they will not object.   No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?) They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.   Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.     Typical Robbers Way     Andy    
    • Yes thanks both  Have been on the phone to a UC call centre today  to help someone in my Council ward, they said that there is NO paper based system, but if someone is blind or has a vulnerability that makes it difficult to access  then what TomTom has linked to is a way to do it.  That mythbuster link is very useful indeed. DWP are known for pushing easy options  (for them) but will help at a Jobcentre if no other way.
    • UKDomains that's a great shout, I'll open a support ticket on LBC & hopefully they can provide that information.   I've just spent 2 hours in branch, it turns out the fraud dept. never received the proof of entitlement that the branch scanned & emailed to 2 separate email addresses given. That has led to the 3 chargeback amounts, & once again the girl on the other end of the phone had "no idea" about the £685.16, & said "it must be a calculation" well that's good & vague. I have the name of the person in branch I've been dealing with (who has been great btw, & has suffered through this this with me).   Also, by sheer coincidence, she was dealing with the very same rude woman in the fraud dept. who refused to give me her name the other day, but did provide it to the lady in Branch. So now I have that in full, & her employee ID.    I did query with the woman in branch, why TSB aren't backing a customer who has proven beyond any doubt that the transaction was legitimate. Her response? "I got the strong impression when I called the Fraud  dept. on Monday, that we've already reversed the funds to Monzo Bank, this is why they want you to pay the money back into your account."   Well how stupid is that, based on what can only have been a verbal claim by Monzo's customer, this has led to TSB saying "here you go".  & then asking me to kindly underwrite their own stupidity.   I have also just received this by email:   Hi Gavin   Thank you for your note and for contacting me about the difficulties you’ve encountered with TSB.     I have passed your note on to my Head of Customer Service and asked her to ensure that either she, or one of her team, contact you as soon as possible.     Thank you once again for contacting me.     Kind regards     Debbie    Debbie Crosbie CEO, TSB         
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    • 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) 
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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.
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      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.
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      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
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      • 0 replies
Veteran6224

PRAC/BW PAP letter of Claim - old Money Shop PDL almost SBd

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Hi all,

 

I received a letter today from BWLegal in relation to a debt of £704.80 original debt was with The Money Shop, payday loan of just over £100.00. The debt is due to be made SB in March. The letter is threatening to take me to court and place a CCJ on my credit file.

 

I have typed the below letter and would appreciate any feedback you could give. This will be the first letter they have received from me, I have not made any contact with them previously. I have also typed out the content of the letter I received from them today.

 

16th January 2019

 

CCA Request removed please do not post our template requests.

 

The Below is a rough outline of the letter received today

 

Dear MR XXXXXX

 

We have been instructed by PRAC Financial Ltd to commence legal action in the form of issuing a claim against you in the county court, without further notice, in respect of the above debt. If payment or response is not received before the 14th February 2019. If you dispute this debt please tell us why so we can help resolve this matter.

 

Estimated Claim

Such legal action may result in you being liable for court fees, solicitors costs and statutory interest which are listed below:

 

Principal Debt: £708.74

Estimated Interest: £118.37

Estimated Court Fees: £60.00

Estimated Solicitors cost: £70.00

 

Enclosures

Enclosed with this letter are:

 

 

  • Information Sheet
  • Reply Form
  • Income & Expenditure form

 

Particulars of the debt

On 20 February 2013 you entered into an agreement with Instant Csh Loans Ltd t/a The Money Shop to provide you with a fixed sum Loan agreement account. You failed to make payment in accordance with the terms of the agreement and it was later terminated and has since been assigned to our client on the 9th December 2016. Notice of this assignment has previously been given to you. Our client is not currently applying any interest, fees or charges to your account.

 

Any help with my CCA Request letter is greatly appreciated, I want to make sure I have the correct sections quoted etc.

 

Thanks in advance

 

regards

 

Veteran6224

Edited by Andyorch
CCA request removed

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Thank you for the swift reply. So to confirm, I need to send the above CCA Request alongside a PAP as per the post in the link you provided?

 

if so, is the CCA Request letter I typed OK to send as is?

 

Thanks

 

veteran6224

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Our client is not currently applying any interest, fees or charges to your account.

 

How nice of them. Pity they cant do that anyway.


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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just follow post 4 there

and our CCA request

no need to adapt anything.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Bogus charges. Adding on interest after defaults.

 

Minicredit used to be the kings of doing it. There are threads about loans of 150 turning into over a thousand.


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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Update

 

I received a response today to my initial letter to BW Legal. They have Confirmed that the file has been placed on hold whilst they query the matter with their client. They also state that they will contact me upon receipt of a response from their client (Money Shop)

 

From your experience what are the next likely outcomes? If they have the original agreement signed by me and send evidence what should I do? The debt is Statute Barred in March.

 

If they don’t have the original agreement do I send another letter requesting they remove the default and stop chasing me for it?

 

Thanks in advance

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cant get the default removed no the oc registered that upon sale or before nothing to do with the debt buyer or their dogs.

 

what or not paperwork they hold is immaterial once the debt hits sb.

 

you simply fire of our sb letter and forget about it.

 

sit on your hands.

don't enter into any stupid letter tennis.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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