My Take On IT All............ If sombody owes you £6000 and they wont pay and you have a valid agreement.......You take them to court quickly If sombody owes you £6000 and they wont pay and you do not have a valid agreement.......You try every dodge in the book to force them to pay, and threaten to take them to court Now take the credit crunch...... If your strapped for cash and you do have a valid agreement..........You call in all your outstanding valid debts quickly If your strapped for cash and you do not have a valid agreement.......You try every dodge in the book to force them to pay, and threaten to take the

Hi, The only points are: R & SA are pursuing Fred on the grounds that HE damaged the barrier by forcibly lifting it (The proximate cause) at a specific point in time and that the claim is in respect of the insurers having 'indemnified' PCAD for the damage caused. The reality is he did NOT damage the barrier, it was already broken. The damage to the barrier is NOT consistent with the allegations against Fred - broken motor casing or something? Damage did NOT occur at the claimed time. There is dramatic 'betterment' insofar as the PCAD allegedgly had a quote to repair, but chose to replace with new? The claimant appears to ha

Just ignore them Triton are RBS's in-house collection arm.

BTW I see that Plymouth College of Art are no strangers to litigation. This is from The finance and General Purposes Committee Meeting of 11th May 2007 Estates Update The DoF highlighted the fact that the College had needed a replacement lift for three years as a consequence of a lift which was not fit for purpose installed during the Tavistock Place Design and Build Project in 2001/02. He stated the raised floor also needed to be dealt with. A meeting with Bluestone was shortly to take place. A new lift must be in place by September 2007; this had already been ordered. £11,000 had been spent on expert witness reports detai

I trust you had the foresight to keep a record of the IMEI number and have had the phone blocked?

Ang, have you read any of the Cap one threads? Have a look here for a full rundown of how to reclaim from start to finish! http://www.consumeractiongroup.co.uk/forum/capital-one/50003-havinastella-capital-one.html?highlight=havinastella+cap Don't worry too much about the stuff at the end Jogs

My understanding is that the mediator's role is to faciliate the two sides to come to a settlement themselves. It is not to make a judgment based on the law. That's the job of the judge.

Well having been in protracted correspondence with both Cap 1 and Experian over similar matters I can only re-iterate that they will both side together against you. I personally think you have a valid point regarding the Default Notice (does this appear on your Credit File)? Having threatened the Court Route and as this is under £5000 in may well be worth issueing in the small Claims Court. Have you also written to the CRA's and asked them to communicate your complaint direct to Cap 1. Hopefully you may well get futher and perhaps better advice from the experts, but this will 'bump' you up at least.

You don't have a time span to keep to no, but they do. They have 12 working days from receipt of your request to provide an enforceable agreement, if they fail to do so you can send the 'In Dispute' letter and legally withold payment until one is provided.

Some people just think they are above the law and they think that the average person wont challenge them. They expected Fred to just cough up, now they are in it up to their necks and HAVE to continue or admit some pretty major wrongdoing. I think that is why they have continued even though its probably cost them one hell of a lot more than the amount they are asking Fred for. I took my ex-landlord to court for failure to protect my deposit. He had no defence, and yet hired a barrister from Arden Chambers, which probably cost more than my claim. It is puzzling, and all I can put it down to is arrogance, they think they can bully p

read this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/209287-challenging-cras-have-we.html

In terms of a CMC - you actually don't need loads of preparation - what you need to do is think about what needs to happen before you get to trial. Litigation is a process Has it been allocated to track yet - if not the first thing will be deciding which track it goes to Then you need to deal with things like disclosure, inspection and exchange of witness statements. The Court will set down a timetable. The court will also give directions about a case summary (prepared by the claimant but agreed by you), filing of skeletons, preparation of trial bundles (again the claimant does it but they have to agree the contents with you).

PGH:mad:

good enjoy your coins:)

Found this interesting 'insider's story' about CMCs: "We keep hearing reports of this area of law ('get your loan written off'', 'cancel my loan if over £7,000 and under £25,000 and before 2007', 'reduce my debt', 'clear my debt for life' etc.. etc..), being the new potentially big money spinner for a lot of law firms, and have been keeping track of recent developments. A candidate has recently sent us the following feedback from working for one of the operators in this field..."I had been working for x Solicitors who are linked to a claims management firm. As I worked there it became increasingly obvious that there was a lack of indepen

Hi and welcome - it would be a good idea to start seperate threads for each of your accounts and include the following information for each one, then we can tailor the information we give to each individual case: Date Taken out Type ie Loan Credit Card Present situation ie in Default

Unfortunately there is precious little choice for the average moderate person in this country! None of the mainstream parties seem to be in touch with reality at the moment. How many of us on here are simply treading water? What is given with one hand is swiftly taken with another. What really grates is when stories break such as the Bank bailouts, MPs expenses scandal and more recently Goldman Sachs once again giving obscene bonuses. Rant over!!! Pookey Roll on the Revolution!!!

What are specsavers opening times, lol?

This was just a telephone enquiry, not a written request... Notts

Hi R&B, I've been having a scout around but I can't come up with anything helpful other than I think they are trying to rattle your cage... obviously I am in a similar boat to you but haven't had any hearings yet so this turn of events could be important to my case too:eek:. As far as I can see with regards to withdrawing an admission it is only relevant prior to judgement being granted.. i.e you admit to the claim then realise you've made a mistake for whatever reason and apply to the court to withdraw your admission and submit a defence. I'm not sure if you would have to apply to withdraw it if the judgement stands set aside a

...and there you have Sue in a nutshell and about time too in my honest opinion...that's all he ever gives me the impression of doing..saving ass !! SC

Hi Is It Me Thanks for your comments. It's what the cag is about. However I feel compelled to leap to Suetonious' defence, though I'm sure he can defend himself adequately without my help. Away from the vexed issue of ownership Sue has been very helpful to a number of Caggers and is more than ready to batter the sub primers on issues of fairness or the charges. On the ownership issue he has a legitimate difference of opinion. I might even add that his unpopular assessment of the legal position benefits us by testing the securitisation issue in the fire. That would be no less than what our opponents would do. The be

Yeah coz the tories are champions of the unemployed. Its not as if we ever had high unemployment when they were in power was it

Very well put enoughisenough1. That the lender must be put to a burden of strict proof of ownership after sale (it's a legitimate question). Having sold the mortgage and received full consideration what rights of ownership does the Originator retain 2. A disposition of land must be registered but the prospectuses clearly state that there is no intention for them to do so. Why would they state this if it were not necessary? Just what I was trying to say, todate they has been no case where the lender has had to do this and just saying to a judge oh yes we own it is the way they have got away withit so far, I have looked at some case's S

Yes the more ammunition the better. No, don't let them know..

am jubilant too knowing the losers have lost out again:-D SAM:pLOWELL DETESTER

Yes - virtually everybody specalises...

Correct;) However there has to be a Directive that the government has refused either in part or in whole to implement eg in your case it could be that they have failed to fully implement the EU DPA - go dig:D

Future, An application for specific disclosure may be made where an opponent fails to include a material document in his standard disclosure. The application is made under CPR 31.12. In your case the application would appear to concern the Claimant’s failure to disclose a ‘true’ copy of the executed agreement. I do not know whether that means they have disclosed something they purport to be a true copy of the executed agreement but which isn’t, or whether they have failed to disclose anything which might constitute the agreement. I suspect the former and what follows is based upon that assumption. First thing to bear in mind is ra

unfortunatley some people will, but not the caggers, the more we fight the more it get's highlighted and the more it gets in the news, more and more people come on to forums like this to learn about there rights Consumer Action Group....should be a political party (it might just win)

I would like to just say I do agree with everything that has been said regarding how all this should play out. I do not hold with any of the games the banks play, and I find it deplorable that they can get away with it. They should inform you if they don't hold an agreement. They should concede they have been taking money unlawfully if they don't have an agreement or have a dodgy one. They should (for ethical reasons if nothing else!) cease action on disputed accounts or ones that they have defaulted on CCA requests for. They should answer your letters properly once in a bl**dy while! They should have the common courtesy to tre

Beck1968: f sombody owes you £6000 and they wont pay and you have a valid agreement.......You take them to court quickly If sombody owes you £6000 and they wont pay and you do not have a valid agreement.......You try every dodge in the book to force them to pay, and threaten to take them to court SD: This, I think, very simply encapsulates the situation lol We have to be careful as ordinary consumers not to get immersed in too much consumer legislation technicalities. My mantra has continually been KEEP IT SIMPLE. Iif you are an ordinary consumer that has fallen on bad times and have an 'ordinary' debt that you can't repay,

I don't agree In the coming weeks I'm having a meeting with a barrister on an unrelated matter who specializes in the DPA when I shall be asking if under the DPA I'm entitled to such data as it effects me the original borrower - I expect to find the answers interesting;-)

Been watching too many Films there Suetonious! Over and Out! Students of R/T usually get a slapped neck the first time they combine the two in one Transmission! Cheers, BRW

Thats my take on it too.........

The God Mother Thank you for your valuable advice I am so grateful for continued guidance and it has made me feel that i am not alone in this fight. Dx You are like a Boxing coach so encouraging and making me feel alive and brave I am so grateful for all of you.

A CERTAIN JOURNALIST ON A FINANCIAL PAPER READS THIS THREAD EACH DAY HE KNOWS SAY NO MORE

The construction and use regulations 1986. Be aware, the law around MOT and Con and Use are different!! Bizarre as it sounds, they are not the same thing. Hence there are things that would pass an MOT that would be an offence under con and use.

But you are saying anything specific to the post. I asked you why they would have a right to be named on my building insurance and what role that has if I have to consult an unintroduced 3rd party for claims and alterations. I didn't ask for a lecture on the entire court proceedings of securitisation via copied posts.

apoloigies if this has already been posted but...... Internet Archive: Free Download: iBall presents... Bank Aid

My day in court started with the judge asking the claimants solicitor to go first since they made the application for summary judgement. Out came his spiel on how many payments I had not made the right amount on so far therefore defaulting on the so called agreement. Against this I explained I was in a debt mngmt plan & had been making payments till May09 based on my Income & expenditure but they have never acted reasonably with me. The judge asked me do I owe the money to which I said I'm not trying to hide from my debtors or say I dont owe the moneyas I've offered payments I can afford I'm asking if theyve complied with the legis

Hi Hunni-Bee, The advice you have been given by Ida is excellent. Basically, this "tactic" is designed to unsettle someone who may have something to hide but it is arbitary and makes no distinction to those who have genuinely nothing to hide. It instills a "what i have done wrong" thought to the innocent. In a past life I worked in compliance for HMRC and similar tactics were used. The upshot is that you've nothing to hide, they probably know that, so I wouldn't worry

My thoughts on s78 are that it is foolish to ignore it (quick and cheap!!). The main point is that we all know the CCCs are up against the wall atm, so if they have a good signed and compliant agreement they would surely send it. Why go through all the fuss and expense of repeated replies to letters, making stuff up, sending out T&Cs when they've got the right stuff all along and keep you paying to boot??? Then there is always SAR which can be backed up by law) OK, OK I know the ICO is limp but at least it is a threat - or not!).

hi. if you feel bankruptcy is the only option open to you have a word with these guys. i filed today have my hearing thusrday. these people are very good and if you are working for yourself they will give you the number of the business debt helpline who are as just as helpfull. National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

Hi Esplou, Did you send the SAR to Regal or Barclays. It sounds like the debt is still owned by B's, particularly if there is no Notice of Assignment of the debt. If a NoA was issued, a copy of it should have been included with the data sent to you in the SAR. Make a list of all default charges made to the a/c before it was closed - use a site spreadsheet for this and read the Reclaiming Charges Guide at Link No1 in my signature below. You should be able to claim back charges and the interest they have added to those default charges. I'd send your Prelim Claim letter to Regal - see how they react to it. Taking this action

Yes, please read Viscounts posting before offering your F&F. This is what I sent to them, and no, I didn't write Without Predjudice: I write with reference to the money your clients are claiming on the above account. I can confirm that I am unable to offer to pay the money which I allegedly owe in full. However, I can raise £XXX and I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I wi