http://www.oft.gov.uk/shared_oft/business_leaflets/general/PCA-particulars-of-claim.pdf

Believe or not they sent it FIRST CLASS, am I the queen or what. I need tickles till I scream!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I had a little think and decided that, as I'm sure we are 'communicating' with Credit Today, I'd post my request here:

Thirded

oh nearly forgot, Tittleewoods sent me a funny letter today, it asked me some rather strange questions it says..... Dear Pt2537 Q. Do you want to continue ordering on your account? Q. Do you want to obtain credit from other lenders? Q.Do you want to prevent further charges? A. Yes call ........ No call .......... a late payment charge has been added to your account if i wasnt to tired to play with these idiots i would probably send them some thing like Q do you have a signed credit agreement Q is the account unenforcable under consumer legislation Q are you commiting an offence by trying to enforce an account while it is in default Q. are you going to get another penny out of me. and see if they can answer them

Oh dear isn't that a shame. :DHehehehehehehe:D Nice one UUN. See I told you it was fun So what's the scores now then. This counts as 2 as you did a DCA and their Sol as well

little inocent me dont what you lot are on about:rolleyes:

Windy you really need some help here. I'm going to get some for you. I've asked for some help with my thread too but I think the Cap One forum is strangely quiet at the moment. Hang in there! deedee xx

...............that is just asking for a comment !!!

Sorry to hear that you misunderstood or were misinformed...Anyway the £35 fee is because like me you put the application in without asking for a hearing. If you wanted a hearing you would have to have paid the £65! So we got a result mate by being invited to one...Sorry other guys, but in hindsight I would have paid the £65 to get the hearing... Hope that makes some sense, Penfold

to Curlyben for the BOG OFF letter (with my slight tweaks) that I sent to Capquest. It did the trick clearly, because I received a letter today from them, for one of my accounts, which in short stated that they were returning the account back to Littlewoods. So thanks again Curly and thanks for everyone for their support. However if Littlewoods are true to form, they'll start passing this around to which ever mug has the guts to TRY and collect on this "debt" deedee xx

Hi Alf Just adding to what fluidgeorgie has posted - bit of info for you here Auto Diallers: A software programme that can be used to automatically call thousands of numbers from a phone list or database. An auto dialler can usually be configured to leave messages for people on answering machines, receive touchtone or recorded responses, or simply dial the telephone numbers for an operator or agent. Some systems that perform a call transfer to an operator when a call is answered by a person, are called predictive diallers . Auto diallers are widely used for customer support in call centers and telemarketing. Our friends at Cabot use this! Haven't tried that number but it appears to have an "extra" digit in it - I always thought it was something like 08456 followed by 6 digits not seven? Bo:)

I`ll second that

They're great PD! Have copied and will send to my friends - (well that's 2 copies anyway, before someone says it for me!) Bet he did, Auburn!

As a tenant, it makes no sense to use a letting agent unless you have satisfied yourself that it is reputable. The Trading Standards officer will tell you whether a particular agency is reputable or not, and the University's accomodation department should keep a list of reputable agencies. Certainly it seems unwise to use a fly-by-night bunch of foreigners, who may flee back to Poland with your money at any moment! Also, you can make a search in the County Court judgements register, or current equivalent, against the landlord for evidence of his circumstances. This will reveal any unpaid County Court debts he may have. As a matter of law, a stakeholder must hold the stake money! It cannot be released until the contract is fully performed. If there is a dispute as to whether this has happened, it is prudent for the stakeholder to retain the stake money until a court order is made as to what shall become of it. If the tenant entered into a contract with an agent, in which (as here) the agent is clearly identified as an agent, then the agent stands in place of the principal (the landlord), who has liability for all lawful acts of his agent, as ever. But, as a matter of the law of agency, the tenant has to sue the landlord, not the agent. The Court might, however, grant an order for substituted service on the agent, if you do not have the landlord's address. In any event, report the matter to the Trading Standards officer. He may already be considering legal action against the landlord or the agent on another matter, if this is a rogue landlord. He may also know the current whereabouts of the landlord. You will not obtain an order for substituted service unless you are prepared to prove to the Judge that you have made all reasonable enquiries to locate the landlord. If the landlord has "done a runner", however, your chances of enforcing any judgement you might obtain are not good! If he has outstanding warrants against him in the County Court judgements register, this also indicates that the chances of enforcing payment are poor.

There is certainly potential for it. Like I said, you would be best of with Trading Standards being involved. Trade Descriptions is criminal in nature, so they would take some action (hopefully).

This is completely normal Sharpgun. They tend to apply for the stay after they've filed the defence. However, you might be interested in a new development from the last couple of days. Cobbetts have written to two business claimaints on the RBoS forum to inform them that they're applying to the have the stays lifted due to them being business claims! Here's one of the links http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/102725-barneybubble-rbos-2-12430-a.html#post1112764 - the other one is 'lANCASTER CHELSEA'. These are strange times!

Hiyas all S.A.R - (Subject Access Request) sent today, recorded of course Op's

They cannot 'put you on it', you either have a white meter or you do not. It isn't an option you can select, he'll have a meter that supplied both a peak and off peak set of readings, along with a time clock that switches between the two. If he doesn't have this, then he cannot be on this tariff.

I'm afraid that Barclaycard will be informed of Cabot's misdeeds in a Letter Before Action prior to have to defend themselves against breaches of the Data Protection Act. But then again, it might be better to mention it in my preliminary letter asking for my unlawful penalties and charges to be refunded, as well as all that interest they charged me without my agreement to do so.

ok SSL will stay put for now and my courts not staying claims at mo so thats all good , yea is good to know something happening lol i just got letter and was omg and panicked ,, many thanx , nerves are bit calmer now

Hi rob. Are you back on track with it now? Just shout if you need help. Have you read the stuff on mcol that SSL posted above? **urgent All Mcol Claims Automatically Stayed** You are best using the N1 form and filing direct with the court now.

:o freaky you can be so cutting!! it was an early night compared to some ive had!! but yes still too late for when ive got work the next day.

Not necessarily. MrShed and I have tossed this matter about in other threads and forums - and I contend that the above may not be the only avenue. No new contract was signed, so the original one is the only legal base to work from. The first point to establish is whether the deposit was held by the agent as Stakeholder or Landlords Agent, if the former, then 4let should be named on any legal action. Although 4let are "agents" for the landlord and the landlord is ultimately the person responsible in all other aspects of a tenancy, this does not override the duty of care that holding deposits as Stakeholder entails. The TDS website has a definition of Stakeholder: ARLA also state that money being held as Stakeholder is a quasi-trustee position on behalf of both parties Many agents do not realise that if the TA is silent on how the deposit is held, the assumption in law is that it is Stakeholder. JEC's daughter needs to carefully read the contract she signed before embarking on a dedicated course of action.

Hi , thanks aud , will do that today

As you'll be aware, the Statute Barred clock is reset only if you make a payment or acknowledge the debt in writing. A creditor can contact you all they want, that doesn't make any difference. Thames are bluffing, in my opinion, and I agree that you should instigate their complaints procedure.

Hi, you need to do some more reading, lots of courts bundled these cases all together in groups of about 100 or so and see them all together, unfortunately unless you have some good arguments regarding not having a stay, it probably will be, my adive would be to do a site search for French v Abbey (3) and read the last 2 pages of posts which will tell you how he dealt with it.

You only have to pay the fee if you are contractually bound to do so.

:D Any excuse:p

How you feeling today SSL??? Seeing as you consumed every ones secret stash, & more besides. tilly who's your MP???

Only cos you shared it..

Just a though. In case they send the usual bumph about home collection visits you may wish to send them the following: Dear Sirs, Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it be necessary, I will obtain an injunction. Yours sincerely,

Was this yours or your sons, I can't remember I really must get my act together with mine, Barclaycard will be thinking I am letting them off the hook - dream on B/C

Hi Tezcat......1st Credit have their own interpretation of (a) the law and (b) acceptable business practices - both of which defy reason & belief. How they are still in business, l don't know. Search the forum and you will find many references to their, shall we say, unorthodox methods. You have nothing to worry about on this. As previously mentioned, any 'debt' is statute barred now. If you ignore them, they will go away and pester someone else. They are pond-life of the very lowest level. Regards.................Valdez

It only says that it has been stayed due to the OFT case and "OF THE COURT'S OWN INITIATIVE". It also says judgement was set aside "Upon reading the defendant's letter". I didnt have time to go to the court today, but I intend going tomorrow to 1. ask for my enforcement money back.(The cheque cleared from my account yesterday, £55) 2. to ask to see a copy of what DG sent in. Im also leaving HSBC as soon as I get a new a/c set up and transfer my pay, d/ds etc. Do you think they will give my money back?? Thanks Audrey for the above posts.

Ask for their complaints procedure. You can then ask them to clarify exactly where the Limitation Act states contact to you. Last step to a great complaint to the FOS - bet they are regretting that statement already.

dsilverstien & Gc. The revised POC's for 6yrs+ and the letter to have the have the Stay lifted are both on this thread - they are both photoman's excellent work and you should find them at around about post 560+ Or if you PM me with your email address I will send them to you; I am sure PM will not mind me doing this I just lifted them and saved them to Word. Now I must pull my finger out - I have pm's poc with a tiny adjustment from my friendly lawyer lady: also pen has four extra paragraphs drafted by GaryH - cannot find these yet as they are buried deep inside her 34 page post. Also on a side note Andrew1 from the Limited business forum is after them as well. OK It's war, now that I know about the OFT waiver for small businesses Yippee - At last I am now picking the colour of my brand new Harley Davidson Ultra Electroglide - courtesy of LTSB, and I will even have two flags to celebrate the fact on it's twin aerials giving thanks to CAG

Thats what I was wondering too :o

oh gawd here we go scaring yourself again:eek:

Fireworks seemed appropriate!! Eh, Stone???

Is it safe to come in here yet?

Quite a story! I think you need some specialist advice but hopefully someone on CAG will be able to give you some pointers. I would just note a couple of things for starters: 1) a contract doesn't have to be written to be a contract (although, as you say, it is more difficult to prove) - every piece of evidence will be useful - make sure you have copies of all letters, receipts, invoices, bank statements, land registry entries, bills .... everything that backs up your story 2) for a civil court case, you have to prove likelyhood (>50%) not certainty (100%) so the above evidence may be enough. Dar£n has flagged this up so hopefully someone more knowledgeable will contribute some words of wisdom shortly

Transfers are done electronically, sometimes on a large scale. The paperwork theoretically follows once the debtor has been ID'd and traced and a payment obtained. That's assignment by your own 'agreement' - who's crazy enough to pay someone who approaches you and claims you owe them money without any proof??. If they prove to be untraceable or uncollectable for whatever reason, a kind of 'sale or return' agreement sometimes exists. Purchasers prefer debts on which payment is already being made (ie a DMP) where the transfer can take place smoothly and often without question. If you react quickly enough to first contact with a CCA request, there is a very high probability the 'purchaser' will be unable to react within the legal timescale, as recovery often commences without the correct documentation in place......... which is illegal in itself, but so few people bother to check out these things. A truly "British" approach to the stigma of debt.

Hello GT, MMMMmmmhhhh Let me help you with this one:D Let you should go after them. I have had a lovely fight with them re mis-sold ppi and they paid up, after a few letters, but be warned they will deny. Have you sent a full S.A.R - (Subject Access Request) for all of the details. In your breakdown of figures, what was the total charge for the credit and the interest rate??????? Please read this thread on a mission phase 2 -v- ppi There is another link in it. What I did discover eventually after many letters, was that the interest that they applied to the ppi was 8.9%, this they applied every year for ten years, so infact I was charged 89% of the total premium. The premium was £4,600 and the interest on that was £4,034. So infact they charged me over £8,000 for mis-sold ppi on top of the original loan. When I came back at them with this, they paid up rather promptly

Okay first thing to do is calm down. Next thing is start your own thead, you can learn how to do this here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html If you post a link in this thread we'll all have a look and give you advice.

Yep I have one from RMA and the exact same thing from NCO as well. They must think I'm stoooopid or sumit

I'm planning to have the CAG logo tattooed on my buttocks then streak at a cricket match.

This is statute barred so even if you do owe it - which you don't seem to think you do they cannot enforce it. It is likley to be made up of charges anyway so I would send this letter and forget it.

Yes but try ringing the Baliff just to let him know you had already submitted it within the timescale. Its not your fault the Courts are running behind. The baliff should have known this. He was a bit quick off the mark if you ask me

I'll believe THAT when I see it!