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Showing content with the highest reputation on 19/03/10 in all areas

  1. Hi, Another Mod, IdaInFife will be able to help you, she's not on-line at the moment, I'll pm her a 'link' to this thread and hopefully she'll help when she comes on. Regards. Scott.
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  2. It's a plain admission of a dodgy and invalid DN. Account terminated. Game over.
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  3. Just one point I'd make With your SJ app and their letter IMHO you have a stronger case now than going in front of a possibly numpty Judge and trying to explain why their subsequent 'correct' Default Notice is invalid due to the termination (that they will deny)
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  4. Hello DonkeyB! You beat me to it! Exactly what I was going to say. EGEddie, you must proceed as if the SJ Hearing is going ahead, and make sure you get a wicked Bill of Costs ready. That's your next task, getting that ready, and making sure you have not overlooked anything, and have charged for everything! Do not let these muppets dictate how this will proceed. You have a powerful argument that they should not be allowed to discontinue, and the SJ Hearing should go ahead. No DN, and they are stuffed. There is no way they can issue another valid one, although they can issue as many invalid ones as they wish, but that wil
    1 point
  5. no reason why not, i DO have letters after my name Diddydicky, Batchelor of Arts, Science, Technology And Religious Denominations
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  6. To issue a compliant DN you would have to agree to reinstate the agreement something your hardly likely to do Despite what they think they can't now have 2 bites at the cherry
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  7. Quite correct. They have taken the step of terminating the agreement by attempting to enforce the contract and demanding all sums due. If they have terminated the agreement... how can they issue a s.87 DN? That would lead to the ridiculous scenario of the creditor being able to terminate and reinstate at any time of their choosing. State you will accept the discontinuance on the basis that they meet your schedule of costs and that any attempt to reinstate a terminated agreement requires your express permission which, due to the underlying nature of their original breach of contract, you are unwilling to do.
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  8. Please read the following document http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf This gives you a starting point to understand your rights when dealing with a DCA. Remember these guys are bullies and the only way to play the game is to understand you rights and be confident in dealing with them. Dont get angry, get even, it can be scary but ensure your learn your rights and defend them. False representation of authority and/or legal position - Section 2.4 B) falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balan
    1 point
  9. If your ankle is still not healed and you are having difficulty walking you might want to consider a claim for DLA. There is a 3 month qualifying period meaning you could not claim until 7 April. You should complain to your MP and also ask him/her to involve the Parliamentary Ombudsman.
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  10. send them this by recorded delivery "From: My Name My Address To: Acme Bailiff Co Bailiff House Ref: Account No: 123456 Dear Sir With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. I also require the name of the attending Bailiff and the name of the Court he was Certificated at. You are obliged to provide this information. I require this information within 14 days.
    1 point
  11. Providing you adhere to the terms of the TO after you agree a final draft to your requirements,then both parties are locked to it.Only by recourse of the Court that sealed it can any terms be changed.The above is quite normal inclusion Bozalt in any TO you can regard it as a permanent stay. If you do adhere to the terms and service the monthly payments I dont see why your defence would come into play again.However should the agreement fail then its back to Court for both parties.Judgment can still be challenged or set a side. I trust the above clarifies your concerns. Regards Andy;)
    1 point
  12. Thats not true, they pay the 6.08% figure, whatever your mortgage rate is, if its higher you have to pay the rest, if its lower then the overpayment will pay off some of the capital, Ive had mine paid for the last few months and this is exactly what happens. Andy
    1 point
  13. have you applied for a crisis loan from the dss because you would qualify
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  14. I always found my MP was very helpful in dealing with the Benefits Agency. And they tend to act quite quickly once an MP gets on to them.
    1 point
  15. Sorry to hear about your story I am afraid the only advice I can give you is to always make sure any letter you post are sent by Recorded Delivery and make double sure you have the right department like that the dss cannot say they haven't received your letter. Also let your mortgate company know what is going on with regards to the dss and that you have the matter in hand and you are dealing with it.
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  17. Apols, finally got around to it. Don't worry if it looks unspectacular. The formatting never fully pastes into the post. The pretty copy is attached, just click on the MS Word document... [Your Name & Address] [Council & Address] FORMAL COMPLAINT Dear Sir / Madam, Ref: [Council Tax Account Reference] I am writing to make a formal complaint regarding your collecting contractor [insert Bailiff Company]. On [Day & Date] at [Time if recalled] my property was visited by two Enforcem
    1 point
  18. ok then, based on what you have said 1/ I dont agree that the matter would need to be reported to the police in order to prove an attempt at theft the "INTENT" of your boyfriend would have to be proved (that he intended to steal your money) he will merely say he thought that as you were an item you would not mind end of If the credit card company were to insist that you report it as a theft you would decline and say that whilst you did not give him authority to do so- you might well have if he had asked- however that does not preclude the credit card company from being careful as to issui
    1 point
  19. press the red triangle and ask for erikap if she will look at your thread,if anyone should know it will be erika patrickq1
    1 point
  20. as post would say, these letters are crap. The total charge for credit includes the arrangement fee which as part of the charge is not subject to interest and is allowed to be paid for over time. Sec 9(4) CCA1974. I understand from a post I have seen whuch was a reply from Welcome saying that the MIF is not an insurance. So its a fee that they just apply, I am challenging this myself The Wilson case refers to secret commision and fees withing the PPI insurance, these should be brought out but they are not and in the Wilson case the PPI was not payable. I have the same and am challeging it. Also your agreement should be a multi loan agreemen
    1 point
  21. Hi frettful38, I have uploaded the proposed Schedule of Costs for your hearing on 18th March 2010 at 2pm. Save it on your computer and do the following. 1) Top right of Page 1. Replace the '...' with the Claim Number. 2) Replace the '...' centred above Claimant and below Between with your full name in CAPITALS. 3) Replace the '...' centred above Defendant and below -And- with IT's full name in CAPITALS. 4) Replace the '...' before '- Claimant' on the last line in the second page with your full name (not in capitals, but as you would normally write it, for example: Miss. Fretting Always) Save it. Print 3
    1 point
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