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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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CCA Agreements (Mark II) PLUS any other topic


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Hi Guys,

 

I am currently in dispute with Welcome Finance & Approved Car Finance , there is a court case pending re misrepresentation. However, there are other issues re welcome, which I have put on hold due to the current action. There is the charges issue, also they are continuing to process my data even though there is court action and they have received the necessary notices! I would also like to check out the Agreement as I can only see APR box , no interest....& I think the figures could also be incorrect. Can anyone advise me p l e a s e........

Picture004.jpg

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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Hi Everyone

 

I just wanted to report some success with my CCA requests:

 

DG Solicitors have responded :'We confirm that we shall no longer be pursuing yourself for the remaining outstanding debt. We shall therefore request for the registered default to be removed.'

 

Aktiv Kapital (who have admitted they can't track down the necessary documents):'In view of this all action by ourselves will now cease and we will arrange for the removal of any default information which may be recorded against you with the relevant credit reference agancies.'

 

However..... Next are sending me repeated letters saying 'I write to confirm that Next does not hold a signed credit agreement for you. Under section 127 (3) of the CCA 1974 this debt is therefore unenforceable......Next will continue to seek payment of the balance owed by you......A default entry will therefore be made on your credit reference file, which may affect your ability to obtain credit in the future. (I never want to obtain credit ever again but I would like as much of this to go away as possible after seven years!) Any suggestions on how to respond?

 

Also my remaining creditors have either failed to respond at all or have sent a holding letter saying that they will send the information as soon as possible (it's now over two months since I sent the original letter and about three weeks since I sent the follow up warning them about their liability for a £2500 fine if they didn't supply the information). I would like to start reporting them to Trading Standards - do I have to contact my local TS Office or do I have to contact the office local to the address of the creditor?

 

Can anyone tell me the correct procedure for approaching Trading Standards - what sort of evidence you have to supply etc?

 

Thanks for all the wonderful help so far:) !!

 

Ruby May

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Hi RubyMay,

 

I'm having the same problems with Next, so will be watching this with interest. They do not hold an Agreement, have admitted that the debt is unenforceable but have still defaulted me.....

Woolwich won in court/default removed Barclaycard Settled Halifax settled

Capital 1Settled GE Money Settled

Egg Settled-court action re.default 4th hearing!

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I'm sure someone here will clarify, but if a creditor/DCA is legally unable to enforce an agreement, and have confirmed this, it would be unlawful for them (libelous) for them to lodge a default against you for a debt that cannot be upheld. You would certainly have a good court case against them (or a defence of one!)

Further, the CRA that accepts details of the default, would also be liable for a damages claim for libel if they record details that have been confirmed as unenforceable.

 

There is a legal arguement - section 10 of the Data Protection Act template letter would serve as notice against them, but please, someone else, clarify the section of cca that the creditor or DCA would be in breach of if they continue with this.

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Companies like Next really annoy me. Now, we all know that unenforceable does not mean the debt goes away. BUT to register a default is the action a creditor takes if the customer doesn't keep up the agreed repayments. In the absence of a credit agreement, there has never been any agreed frequency of payments, so what the heck are they defaulting you on?

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I had a letter off MBNA today, that told me..

 

"I am sorry to advise that we are unable to send you a copy of this application. The reason for this is that the application was made before MBNA took over the account, the previous company no longer has the application on their records.

 

I am sorry we are unable to help at this time."

 

So whats my next step, can i get the default removed?, can i claim the charges that incurred on that account over the years?

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If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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I had a letter off MBNA today, that told me..

 

 

 

So whats my next step, can i get the default removed?, can i claim the charges that incurred on that account over the years?

 

It's been discussed in various threads.

 

What seems to be a good way of doing it is.

 

1) SAR the creditor. apply for all charges with interest.

2) Look for 'ZUBO', he has constructed a great letter re no CCA, and asking for consolidation of all interest payments, and you'll be able to request the removal of all CRA records (including the default) and any bad history markers against you to be removed.

 

Get your money back, then argue the agreement cannot be enforced, so neither should the terms/conditions/charges/default and interest payable on the 'alleged' debt.

They cannot enforce through the court, as they have no agreement with which to enforce or support their claim.

 

I'm sure others who know where the appropriate letters are will advise.

 

Well done!

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Quote:

Originally Posted by santos ehelper viewpost.gif

Looks fine but I am sending them all together so will remove ref to date of letter.

 

If you would be so kind as to have a shuffty at my Data Protection Act request I will post them off today.

 

Mr Santos Ehelper

address

Xxxxxx

Xxxxxx

 

Data Controller: BANK LTD

address

xxxxxxxx

xxxxxxxx

19th April 2007

 

Account In Dispute

 

Data Protection Act disclosure request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx

Please supply me with a complete list of transactions and charges relating to my account since, xxxx. Alternatively a complete set of statements for that period will be acceptable. Furthermore please provide me with a true copy of the executed agreement with you, and a copy of my original terms and conditions. I make these requests Under the Data Protection Act 1984 and 1998, and the Consumer Credit Act 1974 s77-78 and including the right of subject access under these acts.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be so kind as to confirm this in your response to this request.

I further request copies of any transcripted logs regarding telephone calls made to or from me, and any/all details regarding any disclosures made or communications with any third party in relation to my business with you, along with details of any legal action past or present regarding me by you.

I enclose the statutory maximum fees of £10.00 & £1.00 (postal order numbers 1xxxxx) which is to be used as the fee to access ALL data held by BANK LTD about myself and not credited to my account which is now In Dispute. You should be fully aware of your statutory obligations under the data protection act and that any failure to comply to this request could result in an investigation from the Information Commissioners Office. You have 40 days in which to comply.

Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them.

Any such submissions from yourselves, that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost etc is unacceptable as it implies that such data is nonetheless retrievable. In these circumstances, as opposed to copies of statements for the micro-fiched period, I will accept a detailed breakdown of all charges levied to my account in date order.

 

 

Yours faithfully,

 

 

 

Santos Ehelper

 

 

Hi Santos

 

i hope you don't mind the suggestions.

If you're asking for a copy of the 'contract', that's a CCA request under the Consumer Credit Act 1974 s77-78/79, and requires a further £1 fee.

The CCA rqst is allowed to take a max of 12 working days.

Just to let you know the differing timescales!

 

Hope all is ok

 

Perseus :-)

 

 

 

 

 

Santos Ehelper v Nasty Bank

 

Hi all

 

Just a quick update on my situation and a bit more advice needed.

 

Sent out a CCA request and a SAR and a letter putting the account in legal dispute on 25th April along with a section 10 data protection notice to the good people at nasty bank and was just about to send a reminder about the CCA 12 days etc and returned home from work to find a letter off a legal firm asking me to contact them about my account etc before they commence legal proceedings etc. They also enclosed a questionnaire asking for employment details, salary etc and all phone numbers relating to me and work etc.

 

Now I have been really busy with work but have I missed something whilst working where as all the rules/laws relating to the data protection act have changed??

 

Eg why has this account been passed on to these legal people whilst it is in dispute. Is this normal practice. The data controller at nasty bank received all the correspondence I sent but seems to have completely ignored it.

 

Which way do I proceed now, do I write to the data controller at nasty bank or do I correspond with this legal firm who really should not have become involved in this as my letters all stated that the account was in dispute as of the 25th April.

 

Any ideas as which way to proceed would be appreciated.

 

Regards

 

Santos

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Sortingitout - like the bit where they talk about your "application" - is this what you asked them for or was it by any chance an "agreement" that you wanted?

 

I had a Blue Peter agreement today from MBNA, plus a copy of a print-out of my personal details which they seem to think now "satisfies" my CCA request.:D

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I know, i dont know where they got the idea i wanted the "application" from..

 

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

I have two accounts with MBNA, on the other account they have sent me also, what appears to be just an application form, i think thats where they are getting mixed up.

 

Good news for us both ladybird, how crap is the CCA they sent you?

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It's been discussed in various threads.

 

Look for 'ZUBO', he has constructed a great letter re no CCA, and asking for consolidation of all interest payments, and you'll be able to request the removal of all CRA records (including the default) and any bad history markers against you to be removed.

 

Well done!

 

Thanks:) i have searched for ZUBO, loads of useful stuff has come up which i will get into tonight. I think i will start my own thread and update it as i go along, saves me spamming this one:grin:

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Nice one Sortingit!

 

LadyBird, I'm trying to pm you back and your inbox is rather full ! :)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi Perseus

 

Thanks for the advice about Section 10 - will compose a letter to Next tonight and await the response - so far they ignore whatever you say and just send a repeat of the letter I quoted.

 

I'll let you know.

 

Thanks again

 

Ruby May

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You're welcome.

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Would any one know whether in circumstances where because the cc has not complied with cca request and you stop making payments to the account for non compliance of a CCA request for say a period of 6 months - if the cc then produces a valid executed agreement would you then have to pay them the previous 6 months interest or does the interest clock start again from the date they produce the valid agreement?:???:

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Just a quick one guys (...question that is...lol! Goodness the hilarity of this thread has sucked me in already!!!!)

 

Can I rely on s77 of CCA for a BUSINESS loan. (Have left this query 'around' but no peeps have got back to me an it's gettin a tad urgent.

 

Thanks

 

lel

2006 RatNest - Personal a/c:

JulyLBA, Aug Filed Claim, Oct Settled in full £7,000

 

2006 RatNest - Ltd Co a/c

JulyLBA, Aug Filed Claim, Oct Settled in full £8,000

 

2006 RatNest - Hub's a/c

JulyLBA, Aug Filed Claim,Sept Settled in full £1,000

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Short answer......dont know

but ask them for a copy of it.....if it says "regulated by the consumer credit act 1974" on it then the answer is YES

 

somehow I seem to remember there is a problem with business loans, along with business accounts for claiming charges....they aren't quite the same.

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

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