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    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
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CCA's and Dave against the world !!!


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Hi guys ......

 

apollogies for my absence......Ive been going thru a bit of a bad patch (as usual)

 

Anyway..........

 

Battle is joined and the opening salvos have been fired :)

 

two for barclaycard with a third on its way shortly one for card charges with compound interest and one for the biggie.......the unenforceability and return of interest wrongly paid. the third one will wait until they have capitulated on the second... then i will have a sort of precedent...:) they could not refuse the third claim if they lose the first two :)

 

MBNA now equidebt....hopefully can maybe lose this one due to them not sending seperate cancellation notices....(maybe)

 

 

and of course RBS who should by this time be reeling from pauls onslaught

this is the missold ppi and charges and a wrongful default and a load of other stuff including closing my account and an outstanding loan...I'm going to have a right go at them

 

 

oh and not forgetting the DPA 1998......when Ive finished my current round of attacks, I'm going to beat them up again with this....

 

muppets

 

rgds to all

 

Dave

Edited by davefirewalker

** 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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi guys ......

 

apollogies for my absence......Ive been going thru a bit of a bad patch (as usual)

 

Anyway..........

 

Battle is joined and the opening salvos have been fired :)

 

two for barclaycard with a third on its way shortly one for card charges with compound interest and one for the biggie.......the unenforceability and return of interest wrongly paid. the third one will wait until they have capitulated on the second... then i will have a sort of precedent...:) they could not refuse the third claim if they lose the first two :)

 

MBNA now equidebt....hopefully can maybe lose this one due to them not sending seperate cancellation notices....(maybe)

 

 

and of course RBS who should by this time be reeling from pauls onslaught

this is the missold ppi and charges and a wrongful default and a load of other stuff including closing my account and an outstanding loan...I'm going to have a right go at them

 

rgds to all

 

Dave

 

That's the spirit.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Thanks for the encouragement Paul...Although I have not posted in a while I have followed your exploits......:)

 

way to go !!!!

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Thanks for the encouragement Paul...Although I have not posted in a while I have followed your exploits......:)

 

way to go !!!!

 

Dave

 

Hi Dave, it's good to hear from you. Good luck with the battles, but make sure you look after you :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi guys ......

 

apollogies for my absence......Ive been going thru a bit of a bad patch (as usual)

 

Anyway..........

 

Battle is joined and the opening salvos have been fired :)

 

two for barclaycard with a third on its way shortly one for card charges with compound interest and one for the biggie.......the unenforceability and return of interest wrongly paid. the third one will wait until they have capitulated on the second... then i will have a sort of precedent...:) they could not refuse the third claim if they lose the first two :)

 

MBNA now equidebt....hopefully can maybe lose this one due to them not sending seperate cancellation notices....(maybe)

 

 

and of course RBS who should by this time be reeling from pauls onslaught

this is the missold ppi and charges and a wrongful default and a load of other stuff including closing my account and an outstanding loan...I'm going to have a right go at them

 

 

oh and not forgetting the Data Protection Act 1998......when Ive finished my current round of attacks, I'm going to beat them up again with this....

 

muppets

 

rgds to all

 

Dave

 

Dave,

 

Like you, I've had a really bad patch recently. I've got a few problems and finally faced them so I'm getting the help I need. It's tough being a bloke sometimes isn't it? We just don't accept that there are moments when we could actually do with a bit of a helping hand. I feel a lot better for getting the help I need, so I can sympathise.

 

Anyway, enough of this cry-on-the-shoulder c*ap, just go out and get the bas***ds, that's all the therapy that I need and that's what I'm doing.

 

As ever, good luck and take care of yourself.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Thanks Fred, Patrick, Hopeful, and all the others for your best wishes.

 

I am now determined to give these guys a right bashing......I am going to stick to schedules and will not accept anything less than full compliance with my demands.

 

I put a LOT of things on hold recently, but hey life is too damn short, and it flies right past.

 

When Ive finished with this lot they are not going to know what has hit them.

 

I'll keep the forum updated

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hello Dave!

 

Give'em hell.

 

Another CAG member (Tonka99) and myself have similar issues with Loan Signature Dates and Cancellation Notices, so you may like to take a look at this Thread, as I mentioned your Loan Case when discussing the issue:

 

Does it matter when the creditor signs an agreement and do they have to send a copy to the debtor?

 

My Agreements have yet to reach the Bun Fighting stage, but I'll be catching you up soon enough. Anything I dig up there to help you, I'll let you know. If you could help us likewise, I'd be most grateful.

 

Best of luck with your Battles.

 

Cheers,

BRW

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My NatWest case is nearly at hearing stage...13th June, just posted up my arguements on my thread this morning (http://www.consumeractiongroup.co.uk/forum/show-post/post-1522130.html) , you guys may find something in there or not as the case may be...

 

How these banks can think they are above the law and not required to give any evidence regarding outstanding debts is beyond me...I really hope they don't settle and turn up...I will grill their solicitor so badly he/ she will wish they were off sick!

 

Keep the fight up,

 

Penfold

Edited by Penfold92
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Just got a reply from Barclaycard....(the biggie ) "we are sorry to hear of your dissatisfaction with our service...blah blah blah "

 

been here before......this time I'm not letting them away with it :)

 

Dave

  • Haha 1

** 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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Just got a reply from Barclaycard....(the biggie ) "we are sorry to hear of your dissatisfaction with our service...blah blah blah "

 

been here before......this time I'm not letting them away with it :)

 

Dave

 

 

Barclays might just as well write "blah blah blah" for the all the information their letters give you.

 

Go get 'em :D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Just got a reply from Barclaycard....(the biggie ) "we are sorry to hear of your dissatisfaction with our service...blah blah blah "

 

been here before......this time I'm not letting them away with it :)

 

Dave

 

Hello Dave,

 

glad to see you back and hope all is well. I unfortunately am at the stage of lethergy and need a right good kick up the jacksay:| . I have i'm afraid become rather dizzy going around in circles with these arrogant bullies who state they are always right:-x

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hiya Dave

 

Just wanted some advice from you. I've got court papers today from link and could do with some advice.

 

I've always read your thread and just wondered if you could have a look at mine and see if you can give me and hints and tips!

 

Many thanks

 

Erin

 

My thread

 

http://www.consumeractiongroup.co.uk/forum/mbna/77464-pudsters14-mbna-2.html

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Hi guys ...

 

Just started with RBS as well. I sent them the " I want all my charges back" letter. Not only that but also dire threats regarding my account and the missold ppi along with improper default notices, and a S10 dpa request to stop processing data....

 

that should have them jumping about for a while

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

Link to post
Share on other sites

Hello Dave,

 

glad to see you back and hope all is well. I unfortunately am at the stage of lethergy and need a right good kick up the jacksay:| . I have i'm afraid become rather dizzy going around in circles with these arrogant bullies who state they are always right:-x

 

Hi hell.......

 

yes Ive been to the lethargy stage too....and beyond, I seem to have some sort of manic - depressive thing going on, when I'm low I'm really low. However I decided enough was enough and NOW was the time to act. If nothing else it keeps the court actions at bay and gives me something to do. I find that instead of trying to argue with them it is sometimes best to take the initiative and "go one better"

 

I have gotten fed up with Morgan stanley...now goldfish...now barclays (after two takeovers). they promised me my refund nearly 12 months ago and then again just before christmas and nothing has turned up. So My FINAL LBA has gone in and I'm claiming their cash rate COMPOUNDED, so instead of the £700 ish it is now about £2.3k................ lets see if they like that :)

 

they should have paid up in the first place

 

Keep at them hell and dont put up with crap from them, make them too busy to think then get the sucker punch in.....:)

 

rgds

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

Hiya Dave

 

Just wanted some advice from you. I've got court papers today from link and could do with some advice.

 

I've always read your thread and just wondered if you could have a look at mine and see if you can give me and hints and tips!

 

Many thanks

 

Erin

 

My thread

 

http://www.consumeractiongroup.co.uk/forum/mbna/77464-pudsters14-mbna-2.html

 

Hi Pudsters...

 

just had a quick look at your thread, and two things struck me, 1.) they seem to have an enforceable agreement (sorry) but you also have a LOT of VERY knowledgeable people helping and advising you, not much that i can add that would be relevant or of any use. I'll keep an eye open on your progress and if i can add anything to the advice youve been given I will.

 

 

rgds

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

Hi guys....

 

Hmmmmmm

 

Interesting development re my Morgan Stanley account

 

(Morgan Stanley were taken over by Goldfish and now by Barclays)

 

They have previously agreed to refund various amounts ranging from £185 upto £700, I wouldnt sign my rights to future action away and nothing ever materialised.

 

I Sent a letter to Barclays Legal on Monday 12 May outlining my frustation of no responses to my letters and the unlawfull passing of the debt to HFO (now returned) and asking for the charges back (£541), but now with compound interest. This amounts to about £1900 in total.

 

This morning (fri) out of the blue comes a letter from Goldfish......offering a total of £800 for the delay and inconvenience ???.

 

Funny thing though the letter was dated 2 May but postmarked 15 May and posted first class.

 

It started "Thank you for you letter received on 31 January" ......."Please accept my apologies for the delay in replying" What ???

 

WOW....something must have got them moving recently, I wonder what it was :)

 

I reckon Barclays head office has given someone a right earfull.

 

I dont think I will accept the £800 just yet, I'd like to get a reply from Barclays legal first

 

rgds

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

Hello Dave!

 

Try to keep the Envelope if you can, as it may show when they actually posted it via a Barcode or Franking mark.

 

Not a major thing, but every little helps. Might be useful if you can undermine their attempts to play silly b*ggers with Letter dates.

 

After all, if they bend the rules there, where else are they bending them?

 

Cheers,

BRW

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I'm Miles ahead of you :) :)

 

reply sent today.....telling them of my deep sense of frustation and annoyance, and basically telling them to go away and pay me what I asked for.

 

If it got to court, i'm not 100% sure how the judge would react to a compound interest claim, so in an effort to "give them a way out" and to take some pressure off I said I would accept 66% of the claim if paid NOW, otherwise it will go to court with no offers accepted. 66% equates to about £1300...not bad for about £550 in charges :).

 

rgds

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Share on other sites

Ok guys....... A recap just to keep things tidy

 

these are current attacks

 

MBNA (now equidebt) is ongoing. There is about £9k owing....just sent for a CCA to delay things while I get other stuff sorted. May be issues with cancellation documents and a few minor things.....

 

RBOS this is for a loan and bank charges.....just sent them a letter asking for it back.....oh yes and with compound interest too just to spice things up. The charges come about £4k The loan is an unknown quantity at the moment...but the PPI was missold and if it hadnt of been on, I might have been able to afford it......???

 

Monument (now barclaycard) PPI and charges won, came to about £1800..... now I'm after interest wrongly charged and CI on that.....about £13k

 

Morgan Stanley / Goldfish now Barclays....firstly after charges then interest wrongly charged, about £2k and £15k. they offered £800 for the charges today......not accepted

 

Then I have my sons business loan about £5k that went belly up fortunately it was a regulated agreement...so things should soon look up

 

oh yes and AMEX....are my hitlist too...they unilaterally removed my credit...so I'm after revenge...Ive had the charges and now I want blood their CCA is Crap...believe me I know, so when I get a minute they are on the choping block I estimate about £5 - 6 K maybe more ?

 

then there are still minor issues with SKY, Littlewoods and Choice along with a NON debt for £25 which has been paid, but keeps getting passed between DCA's ??? I'm saving these for when I have little else to do....

 

rgds to all

 

Dave

Edited by davefirewalker

** 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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Good grief! I thought i was juggling :D

 

Watching with interest ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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