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    • you do NOT need to pay it and anyway that would not remove the ccj, its there on your file paid or not for 6yrs, a paid ccj even with a cert of satisfaction is as bad as a non paid one.   the ONLY way to remove it is to set it aside.   sadly you the very worst thing you could have done with ANY debt on your credit file or not that you last used or paid or wrote about to the debt owner in the last 7 yrs....you ran away,,,moved without informing the debt owner of your correct and current address.   erudio and drydens are masters at doing backdoor ccj's. they are ofcourse totally wrong that the defaulted date is the sb date...well not when your last written/signed ack of the debt was more than 6yrs before the claimform date.   now how do you remove it....go read that thread ...carefullly then comeback here and lets see if you understand how.   dx  
    • Thanks, having to move house and discovered this. It's causing a nightmare in trying to rent somewhere and mortgage was also refused by the bank.    Shortly after requesting info I got a warrant in the post from bailifs. Managed to halt that and pause any action till I get key dates to try and get this removed.   Not wanting to avoid paying it, just need the CCJ gone.   Appreciate your help. Will read fully although I am not great with law.
    • Write the letter. It's important that you put this in writing so that you have a paper trail. Send the letter by recorded first class delivery. Explain that because of the defect in the bundle which has manifested itself within 30 days – always refer to the bundle – you are now rejecting it under the consumer rights act 2015 and that you require a refund and you want to know what their arrangements will be for providing you with this. You can also send this by email – but do it straight away. This reserves your rights and after that you have some flexibility as to how you want to act. I understand that they are uncooperative. No surprises. Don't imagine either that they will be fazed by your letter – but the important thing is that you are able to show that you are asserting your rights. After that, they are acting unlawfully We will help you make a claim against them and I suppose that will involve threatening to sue them and maybe even going on to sue them. You will find interesting and you will acquire some transferable skills which will enable you to sue anybody else who gets in your way with a degree of confidence. However, it might be a good idea to mitigate your loss and I would suggest that you accept the money that they have put on the table but make sure that they understand that you are accepting it and you are happy with it and you consider that they still owe you the outstanding £70. If you are asked to sign anything then you should decline and then we will help you claim for the whole lot. However if they don't ask you to sign for anything, then make sure that they have a letter from you at the same time saying thanks very much do for the £250. You are accepting it but this should not be taken as an indication that you are now relinquishing your claim to the rest of the money. Tell us what you want to do – with you want to take the 250 or whether you want to simply reject the lot and claim for the lot. If you want to take the 250 – which I suggest that you do – and if they will give you the money despite the fact that you are still reserve your rights in respect of the balance, then come back here when you have that money and we will help you with the rest. If they refuse to give you the money unless you agree that it is in full settlement, then that becomes very interesting because it becomes very clear evidence that they are beating their obligations under the consumer rights act – and this gives you even greater leverage over them when you decide to confront them. The advantage of mitigating your loss is that there is less to sue for and that means that your court fees will be less – although you will get these back anyway when you win. Also, because they are only fighting to hang onto £70, they are more likely to put their hands up once they know you're serious. There is absolutely nothing to lose and everything to gain by taking the money that is available on the table subject to the reservation which I've indicated above.
    • Yes she might well have sunk the VCS ship, or put it on the rocks as it rehashes old stuff introduces nothing new.
    • Hello BF   As you caught, yes both items (console with digital game download) bought from GAME as an advertised bundle (still got screengrabs of the bundle/ad).   No letter sent but I did actually quote that specific 2015 act when trying to return it in-store. I was scrolling away online looking at consumer advice on my mobile as the manager was testing the console. It fell on the deaf ears of the store manager who wasn't entertaining the return/my query at all. They just kept saying there is nothing technically wrong with the console. I'd question whether the manager even knows about the CRA2015 considering their response/the lack of engagement.   I've not done anything formally but I'll write a letter. The store said I can pick up with customer services. I've went more along the lines of escalating from store to area manager. Their website is quite specific that in-store returns can only be made in-store. I'm awaiting a call from area manager next week but after todays update that they will withhold £70 I'm expecting a similar response.   It cost £250 in total. I traded in an old playstation as part of the deal. £100 trade-in value and £150 by debit card. For clarity I'm not expecting £250 back via debit. But £100 store credit and the £150 debit refunded was my sole expectation.   Thanks very much btw!
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Reply from hsbc


molly1959
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If at the time of claiming you did not state that you were claiming daily interest (in your particulars of claim) then you can't add it on now.

I think you can take the bundle for dg into your local branch and ask them to forward it. You must ask them for a receipt and make sure it is timed and dated. ( I will double check to make sure you can do this).

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Second time I have seen this question. If it is about CC's don't use it! Ther is another one. I will have a look and try to find it. Back soon.

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Even though the oft report is about credit cards, the following still apply to bank charges:

 

 

3) The full OFT report.

No need to print out the whole thing, but you do need the front cover, section 1 "overview" and most importantly, section 4.21 "Disguised penalties". You should put this in INSTEAD of the OFT report summary from the Basic Bundle in the templates library.

 

Plus, the OFT report "Anayasis of Unfair Terms in Schedule 2". Particulary relevant is section's 5.8 -

 

 

 

Analysis of unfair terms in Schedule 2 (135 kb)

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Apparently alot of the barclays claimants have dropped the bundle off with their local branch and they have been sent via internal mail. It might be an idea just to ring and ask first though.

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Leave the one in the bundle and work from the link above. The full OFT report.

Print out the front cover, section 1 "overview",Executive summary. also section 4.21. This is to replace the oft report summary in the basic bundle.

Also include this Analysis of unfair terms in Schedule 2 (135 kb).

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Leave the one in the bundle and work from the link above. The full OFT report.

Print out the front cover, section 1 "overview",Executive summary. also section 4.21. This is to replace the oft report summary in the basic bundle.

Also include this Analysis of unfair terms in Schedule 2 (135 kb).

 

 

Hi so do i one in the bundle. What is the front cover section 1 overview Executive summary also section 4.21 and Analysis of unfair terms in Schedule 2 (135 kb). is this extra that i just add at end of bundle. Can you tell me exactly what i need. I am totally confused with it all.:confused:

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Hi so do i one in the bundle.

NO!

 

What is the front cover section 1 overview Executive summary

CLICK ON THE LINK AND GO TO SECTION 1. PRINT IT OUT!

 

also section 4.21 and Analysis of unfair terms in Schedule 2 (135 kb). is this extra that i just add at end of bundle.

CLICK ON THE LINK AND PRINT IT ALL AND ADD IT TO THE STUFF FROM THE OFT REPORT.

 

Can you tell me exactly what i need. I am totally confused with it all.:confused:

Hope this helps Molly! I am not shouting just making it as clear as possible. I rememeber when I was panicking about the same things and needed Pete and Lat to lead me by the hand. You'll get there!:)

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Them were the days hey PD! I cringe when I read back on that thread!:D

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Do i put the analysis of unfair terms Hi im back again, not sure were i look for section one is it the bundle cag zip if it is what part, i have got till 4 pm tomorrow to get it in, you will be very pleased to hear:-DDo i put the analysis of unfair terms in the cag bundle

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Removed! :D

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Hi

 

Thanks your a star i have copied it so with that and the other bit about analys of unfair terms i add these to my cag bundle, i am just goung to look at my daughters letters as i sent hers of at same time as mine.:)

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You have done well there Molly. Nearly there now!:D

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it should be bound together molly in some form - one for the courts, one for the banks and one for you - bound in a folder, bound with string, bound however...........

 

 

 

 

fl, you took the biscuit in the panic sweeps when doing your bundle and also the prize for most excited when you got your offer!!!:D

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:D I will never forget the day I got the offer!:D

 

Just wish people were still getting them now!

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Which guide to the Sale Of Goods Act

 

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it should be bound together molly in some form - one for the courts, one for the banks and one for you - bound in a folder, bound with string, bound however...........

 

 

 

 

fl, you took the biscuit in the panic sweeps when doing your bundle and also the prize for most excited when you got your offer!!!:D

 

I have got some very pretty ribbon that might stop them staying it:-D

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Thanks

 

Nearly done got a letter of Dg this morning saying they are applying for a stay, do i still need to get bundle in on time, only asking that cause i can't drive yet and saves me asking for a lift to the court.:)

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Well one disaster of a day got a lift to courts friends car broke down thought i will get the bus got out the car and dropped my bundle in a bloody big puddle by the time 10 to 4 i rang the court explained they said i can have till 4 tomorrow to get it in, they were very nice.

 

I am having to redo some of it does this look right its my cag bundle

Statement of evidence

correspondence

bank statements

shedule of charges

relevent case law summery

early day motion from house parliment

dunlop v new garage

utccr 1999

ucta 1977

soga 1982

terms and conditions 1996

i have just printed the pages of cag that it says above i looked at tanya front page and just did bits she did, i have got a copy of the whole cag if i need it. I did originally print all of cag out thanks

 

is that all i need out of cag bundle

Also the oft summery do i put these and executive summary together bbc commission i have printed the Analysis of unfair term does this go with the oft report :) Whats the BBC commision conclusion please

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Here is the BBC commission conclusion thing:-

 

The Money Programme bank commission

Most lenders impose hefty penalty charges on their customers.

Having failed to get even a rough indication from any of the major banks about how much it costs them to process their customers' defaults, we decided to set up a commission of experts to try to answer the question.

We deliberately avoided campaigners and prominent critics of the banks.

Instead we chose two eminent business academics Prof Philip Molyneux of the University of Wales, Bangor, and Prof John Struthers of the University of Paisley, and an experienced banker, Ian Jarritt, formerly a senior executive with NatWest.

We asked them to work out the highest costs they thought banks could possibly justify for dealing with defaults, taking every relevant expense into account.

Our commission began work in October and met in London a month later to reach their final conclusion.

They decided that the highest cost banks could justify for bouncing cheques (the most labour-intensive procedure) was £4.50.

For other items, such as bouncing direct debits or dealing with unauthorised overdrafts, the commission judged £2.50 to be the highest cost banks could reasonably justify.

Both figures are vastly lower than the average £30 penalty banks have been charging for defaults.

Story from BBC NEWS:

BBC NEWS | Business | The Money Programme bank commission

 

Published: 2006/12/11 20:38:40 GMT

 

© BBC MMVII

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