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Showing content with the highest reputation on 25/05/09 in all areas

  1. Thats Why You Put I Do Not Acknowledge This Debt To You Or Any Company
    1 point
  2. Heres the letter to send putting the matter in dispute, they actually managed to get hold of mine from Cap1 in the end , but its still unenforceable Lowell Financial Ltd P.O. Box 172 Leeds LS11 9WS I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT Dear Sir/Madam Your ref xxxxxxxxxxxxxxxx You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sect
    1 point
  3. It is no longer a criminal offence and the 30 day time limit no longer exists (I think it was repealed in 2006). They now have only 12+2 days to supply a CCA before the account goes into dispute. I would just sit back for now and play the waiting game. They are in default of your request by a long margin. You can stop paying them in the meantime until (and thats IF) they come up with a valid CCA.
    1 point
  4. To get a conviction, they would have to prove that you resided within the same household (not just the odd night here and there) and were financially connected. If he wasn't on your utility accounts, bank accounts, and was not using your address for post etc then it would be very very difficult for them to prove. If a case is going to be difficult to prove they tend not to pursue it. It's not you that has to prove anything - it's up to them to prove fraud was going on and that you were a party to it, and as you weren't you have nothing to worry about.
    1 point
  5. I think that is sensible BUT don't forget to mark your letter without prejudice - make an offer that is sensible for you - I'd ask for quite a significant discount off the amount claimed I think that the dating is an issue because you'd argue that it was signed after the procs were issued...
    1 point
  6. If you go into the court office ask whether they have filed their AQ, if they have ask for a photocopy
    1 point
  7. the only thing to do is to go to court. let me say that councils don't expect people to go to court and that when you turn up, you will probably find that there is no time listed for you because they expect to have almost a private audience in front of magistrates and go through several hundred files in the space of an hour or two. You should write to the council now, recorded delivery and tell them that you will be in court to defend the matter. Send a copy of this letter to the court -- recorded delivery along with your own note, saying that you will be attending court to defend the matter and that you have let the council know.
    1 point
  8. Hi Sunflower, A complaint to the ICO may be inappropriate unless your complaint is that BC have failed to produce the Agreement in response to a SAR. However, I think you should now Complain to the FOS about BC's failure to respond properly to your CCA request. A case was reported here yesterday where the FOS ordered BC to produce the agreement..........and apparently they did !! See here - http://www.consumeractiongroup.co.uk/forum/barclaycard/201069-barclaycard-bradley68.html#post2187860 I think the complaint should focus on BC's failure to supply the agreement which you suggest puts the a/c clearly in dispute. Despite t
    1 point
  9. Thank you for your letter dated xx/xx/xx in whcih you have refused to supply the relevant documentation persuant to s77(1) the consumer credit act 1974. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. My requests stands and as such the account has
    1 point
  10. Thanks for all your lovely comments! Robin - if you're not able to pay and/or you dispute the debt then it's your call about the DN. If it's faulty I see no need to inform them:rolleyes:. They are the sophisticated financial institutions after all, and should know the law! Elsa x
    1 point
  11. I am in social housing, but not as a house manager/warden, as you are. I know all about the problems you have just described from former colleagues. Also I did lifeline call out work for many years, as a lone worker, calls usually coming early hours of the morning, OAP just woken up, very grumpy, not taken meds yet, can be aggressive, men and women alike. They very often can and do hit out at you with sticks/canes, claw at you, pull your hair out, and all you are trying to do is clean up the mess they've made in their bloody bed! And the abuse - oh yes! You just have to ignore it and don't respond to it - but certainly make a record of i
    1 point
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