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Showing content with the highest reputation on 19/06/10 in all areas

  1. Hi, CCA Request = Consumer Credit Agreement Request, whereby you send a letter to the Credit Card/Loan/Catalogue Company requesting a copy of your credit agreement. They have 12 days from receipt to supply it. If they fail to do so you can legally withhold payment till they do. Subject Access Request = A request for all the data the company holds on you..statements, computer records, correspondence etc. You'll see more about it if you hover your mouse over the words in black on your earler post. We have template letters for CCA and SAR requests..the links are in my signature below. You need to enclose a £1 POSTAL ORDER with each reques
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  2. I take it it will be, Summary warrants are sent out by the sheriff officers. If you have received a summary warrant, it should state the amount due and who to contact to arrange to pay this. You now have to make payments to the sheriff officers rather than the council. The amount due will have increased as there is an automatic penalty of 10% if a summary warrant has been granted against you. At this stage you should contact the sheriff officers and come to a repayment arrangement. Make sure you come to an arrangement that you will be able to stick to. It is better to pay a little on a regular basis over a longer period of time tha
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  3. scaniaman, I beleive that a motor loan as a restricted credit line (i.e provided for one purpose only, the car) with the money paid directly to the garage means that the dealer and finance company share joint and several liability under soga and the CCA sect 74( i think) regardless of HP or not and dont let them tell you otherwise. Although i dont know the case details this has been proven and is why they record the car details. Not got a copy ot the CCA to hand but beleive its a clear case of implied terms.
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  4. Yes, send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale and enclose a copy of their letter from the baker's son.
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  5. Defence on CCA issue from HBOS (in a seperate Scottish bank charge claim case earlier this year (April) - since discontinued due to the ordinary cause being pushed for and no legal aid eligibility) Hope it helps discussions on the subject.
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  6. looking further at the agreement- there is a minimal reference in the signature page to "the conditions which i have read" this in no way confirms the existance of the PT's being contained within the sigfnature document nor of the T & Cs being "embodied" within the document it is patently a pre contractual application form which cannot bind you to a future contract. There may also be some ruling as to how long they have to countersign the applicaiton form and i would put great store by a suggestion that i would want a full explanantion (including witness eviddence from the person who receives mail and stamps it ) as to how
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  7. fire is cabot and cabot is fire..they are the same company..usual smoke mirrors and lies from crapbot
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  8. Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute
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  9. Yes that's right TT, keep all the other stuff for when your case gets transferred out.
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  10. i've formatted the org msg to make it easier to digest: took out buisiness loan -lloyds should have got wife to sign agreement as well but they cocked up and didnt , house in joint names, took out ppi , two years later buisiness failed told lloyds couldnt afford payments - offered to pay half said they would get back to me , next thing was got a letter of dwf telling me they were taking me to court they had my house valued and they sold my ppi , i was not told of a court date , next letter said they had been to court and the loan was now secured on my property and a charging order had been put on the ho
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  11. I have this snippet saved in My Documents, but unfortunately I didn't note where it came from: Elsa x
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  12. Here sir Maxims of Law Fantastic reading. Enjoy!!!
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  13. Broooooooooooooooooooooooooooce Well done! So that others can always see how well you've done with these F&F's in your future posts over monthsto come, can I suggest you add them to your signature - and also put down approx how much you've saved with each one? That way others can see how well you've done in % and moneyt terms? I got 50% from LTSB visa - but only after a couple of years of frozen interest and very small monthly payments - which I then stopped deliberately to get the debt to go to a DCA. It then went to Wescot and I agreed a 50% F&F deal with them pretty quickly - writing off over £4k. BD
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  14. Hi terry First thing is to acknowledge service of the claim form within 14 days of service (which is taken as 5 days after the date of issue). This allows you a further 14 days to file a defence. Next, you need to ask Nationwide for information. You can use a letter known as a CPR 31.14 (see miss m's post #23 above) to ask for copies of any document referred to in the Particulars of Claim (POCs). These are the paragraphs on the left of the claim form which outline the claim. Send the letter to the solicitors who have issued the claim on behalf of Nationwide. They should have sent the documents to you with the claim form or posted
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  15. Wilchil I know how hopeless things feel right now - but many of us here have been in a lot deeper debt - and are gradually climbing out of it. I'll give you a brief history of my last 3 years - some of it might be relevant and helpful to you. Firstly I found CCCS useful in terms of getting a case reference no - which gave me credibilty with creditors that I was trying to get things sorted out - and ideas on what creditors might accept (i.e. how low per month). I found all except RBS/Direct line accepted frozen interest and affordable monthly payments. I am self employed and didn't have a regular monthly amount coming in
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