Yeah, saw that, thought the same. I couldn't carry on watching it coz it would have only continued to wind me up.

ime afraid you have to keep paying for the time being wait for another agreement to appear and cross match if confirmed, you can put the account into dispute and stop payments. dont do that though until you have the evidence

Hello Thomas, Please find information on DCAs here... Debt Collection Industry aa

As is usual with these letters, they are spouting nonsense. I would just send them the CCA non-compliance letter (adapted naturally).

Thanks Martin and Babybear, Ill try to get some info together tomorrow and try to make sense of which debt belongs to which DCA, its going to take a lot of sorting tho, I have already started a few threads already with first credit and cabot. I thought a good idea would be to deal with each company when they send new demand so I knew where I was, a couple of companies I havent heard from for a few weeks, dont know if thats a good thing or a bad thing. I know I ll always get great advice on here and I know there are others in a worse situation than me, I just feel totally drained today, perhaps I ll feel a bit stronger tomorrow. Thanks

Banks deciding to pay or return an item is in 99.9% of the time automated. There is NO manual intervention. This is a standard reclaim. Furthermore, bank workers are sellers. If you got a phone it was because they wanted you to have a loan not that it was necessarily better in your circumstances. Never assume that banks' have your best interests at heart most of the time.

The Consumer credit (Agreements) Regulations 1983 no.1553 information to be contained in documents embodying regulated consumer credit agreements other than modifying agreements. Schedule 1 regulation 2(1)(15) "APR" Schedule 6 regulation 6(1)(4) prescribed terms "Rate of any interest." The formula for APR is set out in the Consumer Credit (Total Charge for Credit) Regulations 1980 (SI 1980/51 as amended) hope this helps cds

only scary the first time, after that it gets easy:D

HAK, what Car said is better than what I said!! I was merely stating your potential legal positions regarding what the judge may or may not do, but Car gave a better explanation. Please don't rush into anything before you have prepared in full.

correct

not going off topic can you at least let us know which baliff co

As the Churchill Dog would say..." Oh Yes Yes Yes"

Hi there,dont know if this is any good for you, but have just seen this on Help The Aged website. They say that 2 months is normally allowed from date of advertisement for submission of claims. Doing this protects the personal representative from personal responsibility. They do have a help line 0800 00 99 66 perhaps they would give you advice on your mother being missold the DG. Cheers:-)

NWJ It sounds like you need to getall your debts sorted out. The first thing to do is to produce a statement of income and expenditure - there is a model on the National Debt Line website (National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000). Debts are not all equal - there are priority debts (mortgage/rent, couuncil tax, electricity/gas etc) and non-priority debts (credit cards, cataogues, banks) and the strategy for dealing with each group is different. 1 Priority debts - you must keep paying the current payments if at all possible (and we realise that when circumstances change, this may not be possible)

Link are one huge joke anyway. We are a telephone based company, then they bombard you with their threat-o-gram letters threatening all kinds of rubbish. I like to put DCA's on hold, just to see how long they're prepared to wait. Songs I like to play to them include..... Blondie - Hanging on the Telephone Kevin Wilson - Dilligaf K C and the Sunshine Band - Give it up Simply Red - Money's too Tight to Mention If I'm feeling really evil they get Mr Blobby

It's always worth sending a SAR. To be fair to the Egg, they seem to be very good at complying - you'll get everything they have on you. You'll be able to see all of the charges applied to your account (such as unfair charges or unwanted PPI etc). You send a Subject Access Request letter and a £10 PO. PM me for a copy of the letter I sent to them if you wish.

If not you need to refute it with something along the lines of:- Regarding that which is denied, the claimant seeks to claim contractual interest pursuant to section 69 of the County Courts Act 1984. It is therefore averred that this claim is brought in relation to a personal loan which is credit as defined within the Consumer Credit Act 1974, the defendant notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974. Regards

First things first – If you are going to defend then Acknowledgement of Service comes first – if the claim has been made via Northampton then you can do this online using your claim number and password. Then you need to send the claimants solicitor a CPR 31.14 request for copies of relevant documents – they will ignore this but do it any way. You will need to submit a defence no later than 33 days from the date on the claim form. Read some of the CL Finance threads including mine which is here.

I had the same problem with them and it turns out that when I had rang them previously, my number flashed up and then they added it to my file, without my permission. So if you have ever rang them from your new number, even if you with-held it then thats how they got it. Dont worry though, just send them the below letter, Recorded Delivery! Your Name Your Address Date: Today’s Date Your Ref No: Your Account Number Here By Recorded Delivery Companies Name And Address Here Dear Sir/Madam HARRASSMENT BY TELEPHONE I am writing in relation to the quantity and frequency of telephone calls that I h

The matter did not get heard we made a deal, I pay £6,000 @ £250per month and they remove the default all starting on or before the 14th of April. I word of advice before you hire a barrister under public access, arrange a meeting first just to see what they think your prospects are. The reason I say this is because the barrister seemed to have his creditor biased hat on (he also works for creditors), he thought I should take the original £8,500 offer, I refused then they came back with £7,000, he was like thats a very good offer and if they win with costs etc I would pay over £20,000, I said no deal.. then they came back with £6,500.. n

Make a complaint to OFCOM Contacting Ofcom | Ofcom explaining that you are an ex-directory number and the only way Cabot could have gotten your number would be illegally or through your telephone provider.

send crabot a sar stating what info you are after

In the xxxxxxx County Court Claim no Between XXXXXXXXx –V- XXXXXXXXx For the Attention of the Case manager Dear Sir. Further to the order made by District Judge XXXXXXXX sitting at the XXXXXXX County Court on XX (MONTH) 2009 I note that the claimant has now failed to submit ***any documents**** supporting their case despite being ordered to do so. The claimant has had every opportunity to file such documentation and the size of the organisation, it is not unreasonable for them to have filed such documentatio

That's what happens when you take calls from them - they threaten you and get you worried. The Golden Rule No 1 of "don't speak to them" is good advice.

One interesting thing I've noted over the years is that in some legal agreements I've signed such as non-disclosure, there is often a term that states something like "If any of this agreement is found to be unenforcable then the remainder of agreement will remain in full force and effect as if the unenforceable part where not included in the first place". So "enforcement" seems to be asserting ones rights under the terms of the agreement and since all of the rights a creditor has are embodied in the CCA, then if the CCA is uneforceable then their rights cannot be asserted legally. I've never seen any term in a CCA or attached terms that

income and expenditure - I think Notts

Oh this is terrific stuff. May I join in? Well I am going to anyway. Where does novation fit into this? As I see it if the SP(I;))V and the OC asks the mortgagee to sign a document agreeing to this (i.e.novates) then surely this is a simple way around this? If they don't, then why not? (My hunch is they want to keep it from the authorities not specifically the mortgagee due to the international game of dodge the taxman).

hi. you should get the typical response to cca shortly.(lowlifes claim that oc is retrieving for them) they will either offer wonderfull f&f settlement or sometimes they try to con you by claiming thay have a further 30days after 12+2 but NO LONG APPLIES ignore every other threatogram,they may try a HAMPTONS LEGAL LETTER. they are NOT SOLICITORS they are desk 2 same office. would wait for cca response before contacting crap one,they will tell you not their prob as it was sold to lowell. read more on the leeds losers,full of it,try anything to get a payment by any method they can,their letters are designed to scare. the

It does make an interesting discussion and I think it is beneficial that we are having it I was really just thinking of what enforce means in a broad term. IMHO ,generally, legislation is quite specific in what each term means. IF a term is left wide open such as "enforce the agreement" then logically it should mean exactly what is written and not have some undertone of "enforce payment through the court". Surely, if the draftsmen had wanted it so that only payment could not have been enforced through court, they would have said so? As for using words in the legislation, Yes, maybe I am but we all do that every day when we request

You could do with having a word with angel_1 Summerbreeze, as TS confirmed to her what WelshMam has said. Lexis:)

We're obviously not going to agree on this (which makes for very interesting discussions I think:)), but as I've said before, the evidence to suggest it means (or rather will only be taken to mean) court action is just too strong at the moment, so until it can be actually proved otherwise, I remain unconvinced:) I obviously think it is completely unfair, and if you can actually show to me that someone has evidence to the contrary, then I would be more than happy to completely back-track. I have no issues whatsoever with being proved wrong on this, and in fact would be extremely pleased if you (or anyone else) does find something! Le

Hi Landy Here is Alphageek's letter....http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/89640-alphageek-mbna-4.html#post973725 I tweaked it for my own circumstances together with some additional wording that they themselves use in their letters such as "DO NOT IGNORE THIS LETTER" and informing them that should they tell me they are not subject to UK law (which they have done to some people) then I would report them, etc, etc. Have you got a thread for your battle yet? Send me the link so that I can sub. Good luck getting the monkey of your back! FBR x

I would put in a letter headed COMPLAINT and also reiterate that the account is lawfully in dispute. You have to become as much of a pain in the backside to them as they are to you!! I would be inclined to ignore their threats to pay. The legal process is long and convoluted... There's much discussion on here as regards what they have to send you in response to a CCA request. However, it most certainly should be legible in my opinion.

I know it's a bit late but I thought I'd add it in case you didn't have it Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119"

Think you want this one HAK - it's Para 26 Wilson v First County Trust Ltd [2001] EWCA Civ 633 (2 May 2001)

Great info..incidentally the DPA is the statute most abused by the jobs-worths who don't want to do their jobs. A probate lawyer I know is constantly told by banks & other similar institutions that they cannot offer information on the estate of the deceased without the consent of the (dead) account holder because of the DPA,. It has to be pointed out to them that the 'deceased' is in fact ''deceased' so obtaining their consent may prove somewhat problematic. And finally it's also pointed out that there is NO protection under the DPA for someone who has shuffled off this mortal coil

And if yo uneed help filling out the court forms there is a good thread here too - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

Very good point, but yes, it is easy to get hold of it, except for most clients:D

A couple of minor points - whereas you will have to explain to the court why you have ‘divided the claim’ You can't. If it's unlawful harassment you should lodge a complaint with your local police and let them handle it. Your sentiments are entirely honourable and worthy but your wording shows that you are not very familiar with the law, and BC will therefore simply disregard or ignore your comments.

hi. partner payed extra for posting:D you should be able to check online or there should be royal mail number to call on your reciept to check that it has been delivered. you should also be able to check regarding p.order,as long as you have proof it was delivered not really a problem if the morans have not cashed it.they have not complied with your request.check it has been delivered.time for indispute letter:)

1) This is strange and a very poorly drafted Notice Clause if indeed it does state notice must be in writing. If it is indeed as you state then you may have an argument that the the contract has not been effectively terminated. Please post the exact wording of the notice clause. 2) GP is right. What evidence do you have of this? The answer to this question will very much depend whether in law at the effective date (EDT) that her contract is terminated she has over or under 12 months continuity of employment. 3) The general rule, if the notice is not worked, is that the EDT can be extended by the statutory (in your case 1 week)

By law, if she has been working for at least one month but less than a year, then she must be given at least a week's notice. Some contracts will write in a notice period of longer in the event of redundancy. However, it has been seen that the law can override a contract in some cases. Anyhow, with regards to the redundant position, here is something which might be useful. If your job is re-advertised two months later, you almost certainly have a claim for unfair dismissal. An employer can't make an individual employee redundant as such - they can only make their job redundant, eg 'We do not need a widget-maker any more so Mr Jones

well, like i said, if she was made redundant, then her employer CANNOT readvertise the job, as if things were so bad they had to make the position redundant, then the job ceased to exist on her last day...therefore it cannot be advertised, this is unlawful dismissal AFAIK and thus she would have the right to take them to tribunal.