pm, me your address and I will send him something if you let me know his interests. I have grandchildren and I would hate them to go through this

Yes you can move for bankruptcy but the COURT decides on payments not you. If the courts think his payment offer is reasonable they will not grant a bankruptcy order. You seem to be relishing the thought of bankrupting someone, which makes it little wonder that people revile you so much. It also amuses me that you seem to hold this single victory up as a beacon that what you are doing is legal and that you are winning. The liklihood is that you won this case because the person you took to court appears (by your reporting of the case) to be a serial abuser of the car parking system, with over 30 "offences." I find it highly unlikely that you would have won this case had the defendant had a single "offence" to his name, My own opinoin, and it is nothing more than an opinion, is that what you are doing is both illegal and immoral and although you may from time to time enjoy an occasional win in court - the overwhelming trend will be that you will lose. I dont however wish upon you that in losing, you are made bankrupt. only a moral degenerate would wish that upon anyone.

How do you tell a 9 year old that Santa is as broke as us and wont be coming this year? How do you tell a 9 year old that I have hidden my car because we are short of cash and the council want to sell it? How can I pretend to my son that it is a good world when as soon as you get problems everyone and their dog wants their pound of flesh and charge you for it. How do you deal with a 9 year old crying in the kitchen because he is hungry? I was on my own with my debt problems until I found this group, I now have the confidence to tackle my enemies, I now have the knowledge to play them at their own games, I know how to beat them and I have support from you guys. How do I tell my 9 years old son who I have vowed to protect for as long as I draw breath? How?

Hi, Just visited this thread and thought I'd add my two pennies worth. Duties are charged on packages AT TIME OF ARRIVAL. This means that DHL knew when they delivered it that there were duties that they would have paid. I had a similar issue with Parcelforce about 3 years ago. Eventually we compromised on the amount I should pay them for the duties, but then I also managed to claim it from the American company who had promised me no duties would be payable, so got paid for the hassle from Parcelforce . The way it should work with duties, and has happened with me with FedEx & UPS - on several occasions - is that either; a) They send a letter or call you, saying they have a parcel that needs duties paying on it, you pay and they deliver. b) They bring it to the door and refuse to give it to you till you either pay or sign that you will pay with 7 days. What I would do is write a letter to DHL at; The Directors Office, DHL Express (UK) Limited, Orbital Park, 178-188 Great South West Road, Hounslow, Middlesex, TW4 6JS In it you should state clearly that you were not advised of duties at time of the delivery, and have been provided with no evidence that duties were paid by DHL to HMRC. You demand that evidence within 14 days or you will consider the matter closed. Furthermore, considering that you were not advised at time of the delivery, and given the choice to refuse the delivery, you should not be liable for the duties. Finally, that on those grounds you contend that you are not liable for these duties and expect that even if evidence can be supplied you believe they should close the issue as a gesture of goodwill due to their blatant incompetence. In addition, if they refuse to do this then they should provide direct payment details, as you refuse to pay any Debt Collection Agency, but if you pay them then this should also be deemed a Final Letter Before Legal Action as you will issue court proceedings against them for the fees to be paid to them, plus interest at 8% per annum [pursuant to s69 of the County Courts Act 1984], court fees and costs [on the basis that their behaviour is unreasonable pursuant to CPR 27.14[g]]. Also add that you are surprised that a company the size of DHL is using such a small and obviously incompetent - from their website and using the warehouse they use - as Receivables Ltd. Send a copy of the letter with a short cover letter stating the reference and that this is a copy of the letter you have sent to DHL, to Receivables Ltd stating clearly that you refuse to deal with them whatsoever. If you post draft letters here - minus confidential details - then I'll try and proof them for you. Best of Luck & Please keep us posted.

Hi cosalt:) What are the default charges on the terms and conditions? In my opinion this is an application form, I think I can make out "Please issue an MBNA card. There are no prescribed terms on your signature page so IMHO unenforceable (Just my opinion though.) Welcome to the strange and pestering world that is MBNA:(

Make sure you add a statement of truth at the end before signing too.

Hi i see your not getting answers, i cant help with this as i dont feel confident in this area, suggest you click the red triangle in your original thread to alert a mod, who im sure will get you some help. Regards

See the point but it would be something to see, a DCA taking action for harrasment!! David

Hello Bunny123! Just a gentle warning... ...best not to use your real name, as these Forums are watched by bankers and Debt Collectors. I noted on another Thread you used your full name. I'd go back and delete that, just in case. Just click the Edit Button to the bottom left of any Post you have made, and then you can change any Text. It's wise just to use your CAG Handle, i.e. sign off as: Kind regards Bunny123 or Kind regards B123 This way you won't give away any details to the enemy that may identify you. No point giving them any advance warning! BTW, M&S tend to have some pretty useless Agreements, especially from 2005 and before. Many were in-Store Application Forms, and the Agents were mainly falling over themselves to mis-sell Payment Protection Insurance (PPI)! Watch out also for M&S trying to bullsh*t you with copies of Terms they try to imply were on the back of the alleged Agreement. M&S have a nasty Microfiche Scan of some Terms that they send out to many people...same barcode, same reference letters, same scan! They never bargained on these people being members of CAG! M&S Collections are just as bad as MBNA etc, so will Harass you to death via Telephone. Get ready for that if it has not already started. But the main thing they need is a piece of paper with: your Signature on it and the Prescribed Terms Dates etc are all an issue but, if the bit of paper is missing either of the two items underlined above and your Agreement pre-dates the Consumer Credit Act 2006 (CCA 2006), then they are stuffed. Section 127(3) was and remains in force for all Agreements pre-CCA 2006. Read all about s123(3) below: Consumer Credit Act 1974 But it means that without the Prescribed Terms, a Court cannot Enforce the alleged Agreement. Hope this helps. Cheers, BRW

Hi flying doc, I am unsure you sre aware of who BAYV are, the best way to describe them is the old slot TV's with the metre on them. So you get like 7hours for £1 if the money runs out then the TV wont turn on. Like the old tele-bank fo rthose of you that remember it. Now the contract that was signed in your house, as they operate door step canvassers. This is a standard consumer credit contract. they had no legal right to cancel the contract, never mind sell the same product to someone else. They had no legal standing to do this, what you may find is that the contract is still inforce under your name, although not being acted upon. I would CCA them, then when you have all the evidence start to look at things. You may try for compensation as I realise there APR in really high because they dont do credit checks. The thing to remember here is the contract was in your sole name and as such had nothing to do with your partner, never mind the fact that he was discussing your affairs with her. As for the separation they may have been aware as they come and empty the boxes on a 4 or 6 week rota basis. Derek

Pi-Stoff I am willing to send you £50 voucher for Argos. It will buy your son a 4ft footy table or air hockey table as they are half price at the moment. Please send me a PM asap. Christmas is ALL about the kids and as a mum of 7 kids I understand. xxx

Hi sick and tired:) You can request your agreement at any time so don't worry you have left it too late. Have you got the letter? Remember, don't sign it and send recorded/special delivery. Can't help with the phone numbers sorry but you should send the telephone harassment letter to get them off your back. Good luck:)

It is good case law that you can not give good consiuderation to the crediotr for his promise to accept less than you owe by paying him less. Good consideration can be given by a third party for his promise as they don't owe the creditor any money and are therefore giving him something for his promise.

If an insurance company pays out on an item, it effectively buys the item from you. For instance if you wrote a car off then in settling the insurance claim the insurance company buys the car from you. However you should be given opportunity to recover personal items from the wreck, which in your case would be the personal data on the hard drive. The legality of the cheque/voucher scheme may be covered in that they would probably claim that the value of the laptop is actually £500 (I do not make that valuation - I do not know) and that they are giving you an extra payment in consideration of taking vouchers rather than cash. Personally I would pay the £30 for the drive (you could possibly ask for them to return the laptop to you while you consider your options and then send return it to them once you have decided, but that would probably cost you more than £30 in postage and it would massively complicate matters) I would also accept the vouchers and go and buy another laptop from currys or PC world. this is probably not what you want to hear, but these are my thoughts.

I quite agree. If you use a parking space, you should pay for it, as I told another user the other night. However, these "penalty" tickets are just invoices and have no standing in law. This is not a "test case" and is an isolated case at that. Parking companies need to operate within the law, and quit their bully-boy tactics. Even to think about threatening someone's house over some unpaid parking tickets is in my opinion quite immoral and shows up a lot of parking companies for what they are.

No wonder Bryan hasnt bothered with you Fuzzt. He is obviously an avid reader of these forums.

This letter should be kept by the front door, in case anyone DOES come round. Pass it out throught the letter box and tell the caller to leave. Also, see here about recording calls - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=167&a=143 It would be good to get DCA threats and abuse on a recording to send to the appropriate authorities.

This is the CPR 31.14 letter, adjusted to your circumstances. This needs to go to Carter as that is the address given for all letters to be sent to which relate to this case. Send Special Delivery and do not sign - Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On (date) I received the Claim Form in this case issued by you out of the (Name) County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. [Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document mentioned in your Particulars of Claim: The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. You should ensure compliance with your CPR 31 duties and ensure that the document I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours Faithfully, xxxxxxxxxxxxxx SH

Hi V G, Sorry not to have answered this earlier. "One further question, is it worth me asking CCCS for some support / defence, or am I better of handling this myself?" Get CCCS to do an up to date review of your Income and Expenditure and request them to send you a copy, together with a copy of your latest CCCS payments statement to creditors. Ask if they have any advice whilst your talking to them. "When do I ask if my other creditors have been informed of this hearing, do I ask within the defence I'm submitting? Also, will it do more harm than good asking the question? I don't want other creditors jumping on the band wagon by taking further action i.e applying for a CO." Yes ask it in the defence - the judge will want to know the answer to this as well. "Should I include in my defence about psychological / psychiatric issues, or should I wait until the day to mention it?" I would mention it at the end of the defence so the judge is aware that the appeal may take longer than the alloted 5 minutes. "Re Time Order, is it worth me applying for? If granted, do my payments come direct from my DMP (CCCS pay them) or is it attached to my salary, I don't want my employer knowing about my personal difficulties." A Time order may be worth asking for if you feel that the appeal is not going your way. If you do ask for and get granted a Time Order, your employer will NOT find out about it. The payments of a "Time Order" will be made by the judge and stipulate a date it must be paid, also the claimants bank details must be asked for. I would NOT advise letting CCCS make the payment; because if their payment does not reach the claimant in time, the claimant will be within their rights to go back to the courts. It would be better to set up a standing order from your bank account for payment on a date 7 days earlier than stipulated by the court. Your employer will only find out if an "Attachment of Earnings" is made by the court. "When completing my defence, do I have to do it on official court papers, or can I do it plain paper?" You can do it on plain paper - Von Greenbach 1 Letsgo Road Anytown Anyshire A1 2BC XX November 2008 Claim No. 8XO****** Northern Rock v Von Greenbach Appeal against Final Charging Order Dear Sir \ Madam, I wish to make the following points in defnce against the Final Charging Order. List your points :- 1/ 2/ etc. Enclose copy of CCCS I&E and latest CCCS statement of payments to creditors Yours Faithfully Von Greenbach Sign your defence and get it to the court at least 7 days before your hearing. Go in person if it's close by or send using Special Delivery. I know this costs £4.60 but it MUST get there !! Hope this helps.

Hi pregnantone, Can you tell us the name of the hotel? When was the holiday? I ask because if it was very early/late in the holiday season, they are likely to be covered by the brochure T & C's. Many TO's state that if you are holidaying early/late then some facilities may be closed. For example, here in Cyprus many of the hotel pools close during our 'winter' season, Oct-April. If this is not the case and the loss of the closed facilities had a major impact on the enjoyment of your holiday then I would take it further. Did you complain to your rep or contact the local First Choice office in resort? This will help with your claim. TO's pay a certain amount per person per day for the loss of advertised facilities so you should certainly be able to recoup something if you are prepared to go the distance. Was there an indoor pool? Was every bar really closed? I wouldn't expect this from a 5 star hotel and find it rather bizarre.

Hi pregnantone and welcome to the CAG. Although I am not an expert, I would presume First Choice (being one of the UK's largest Travel Agent) are registered with ABTA. The first thing I would do would be to inform them of the problem and show them copies of the apology letters. They must be acknowledging a fault on there part by apologising in the first place. Alternatively, let First Choice know of your intentions and maybe they will offer some kind of compensation to avoid that action. As I said, I'm no expert but someone with more knowledge should read this in time and offer more advice. Just hang in there;) If any of this is helpful, please click on the small scales on my left.

If all you asked for is a copy of statements, that might be all you get. I think that the template on this site just asks for statements. If you used the request from the information commissioner's site, you should get everything. An account in dispute letter is just a letter saying that along with the reasons why. You might want to add more. Keep the numbered points short. If you need to elaborate, put it below the numbered points

Hi, this is terrible and they are being unreasonable, trying to extract money in this way. I would escalate this and write to the Chief Executive of the Council and your MSP, plus anyone else you can think of who has authority with respect to council housing or support. Once the realise that you are not going to give up then they should back down. Good luck

Does your son have a pc ? as my son has lots of computer games he does not use still in boxes etc

Maybe there is an idea here - but I dont know quite how it would work - If any of us who have older children have toys /games or DVD etc languishing in cuboards - some not even used Perhaps you could set up a kind of freecycle thread with the items and donate them - but in return the person could just send you enough to cover P&P if it was a large heavy item? But I dont know how you would cover the giving out of addresses etc? Just a thought .

It is a rare phenomenon on this forum to come across a statutory demand served properly. We are so used to seeing them sent through the post, often by second class post. The fact that this was served properly suggests that they are very serious about this. The option of ignoring this one is simply not there - you have to apply to get this set aside. (The only exception to this is if you actually want them to make you bankrupt - if you have huge debts, no assets, and are on a low income. In this case, you need do nothing, but they won't go ahead and petition for your bankruptcy anyway because they would get nothing from it.) To get a statutory demand set aside, you need to be able to satisfy one or more of a number of conditions - Legal Issues Explained - Statutory Demand The only possibility here is that you dispute the entire amount of the alleged debt. Even if unlawful charges have been added to excess, there is no hope that this will be enough to get the remainder of the debt below the £750 level. Well done for sending off that CCA request. I see you sent it recorded delivery. As soon as you can, check to see that it was delivered and signed for. If they cannot come up with anything, then they will at least be in default of this request before the date of any set aside hearing. The default notice which you received on the 13th October - can you scan it and let us see if it is valid? Make sure you black out any personal information. If the alleged debt has been sold to an outside agency, you should have received a Notice of Assignment. Has this not happened? The court forms you need are 6.4 (application) and 6.5 (affidavit). You can find them here - Forms This assumes you live in England or Wales. If you live in Scotland, tell us and we'll get one of the Scottish guys on to it as soon as we can. SH

Hi Skintboy, Delighted you got an acceptable result with BC on your wife's claim. Please make any donation if you can. I'll change the thread's title to reflect your win. Please start a new thread for YOUR claim.

Also, take a look at this thread where OP has actually iss'd court proceedings to get the data. http://www.consumeractiongroup.co.uk/forum/barclaycard/166141-providian-then-monument-then-2.html#post1840599

Love it Dave - no doubt you'll be taking orders tomorrow then See you there

Thought I would come in on this one as I am starting to understand more how Hardship cases are dealt with. With NatWest they do not appear to pay back any bank charges unless you are in extreme hardship. They may suspend charges and interest on the account while the OFT test case is ongoing. If the bank refuses or claims that you do not meet their criteria then you can take the case to the Financial Ombudsman Service. I would quote the FSA Waiver on Bank Charges(I am hoping to get it on my signature and am awaiting site team authorisation) which is in the CAG Wiki section on Hardship. I asked a question about my signature this evening in site questions and suggestions and Michael has included a link. I would qualify your next letter with specifically the points in which you believe you are in financial hardship. Remember, this case is about you and not everyone else. Your circumstances of financial hardship which the FSA agree with. If you want to go the court route, you will find that it will be stay after stay after stay until the OFT test case reaches its final decision. The bank cannot be held liable in court for non disclosure to them of hardship or implied hardship. How do I know you are in hardship because you tell me you are?(do you see my point?)

Hello Cosalt! That's a bunch of Microfiche Scans all flying in close proximity. Will take a close look over the Weekend, but these don't look to be linked together...my guess is they have thrown in some handy Terms to go with the Application Form/Signature Page Copies. If they are copies, then they will have some issues with CPR PD 16 7.3. If they are copies, then these Copies are Hearsay Evidence, and are not hard Evidence as would be the case if they had an Original Agrement to produce in Court. See The Civil Evidence Act 1995. If they are Copies, then you can jump on this the moment a Court Claim comes fluttering through your Letter Box. See: Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage If they are Copies, then you will need them to explain how these Copies came into being, and when, and ask them to explain to the Judge why they felt the urge to Shred a live Statutory Agreement. If they produce a tame banker in Court willing to swear blind he/she knows all about the Copies and how they came into being, then you will cross-examine their ass to make sure they do know every last detail, first question being to ask the tame banker what date they started at the bank, and how does their history at the bank tie in with the history of the Copy Agreements! You may find they were not even employed by the bank when the alleged Agreements were Scanned and Shredded. All is not lost, now lets take a closer look at the Copies over the Weekend! Cheers, BRW

Hi Sunflower, to add to what Steven stated if it's P2C what they did to me is dated their letter two days before posting giving you three days to ring C1 or Debitas by the time their letter arrives the time scale has expired they turned up on my doorstep the day after receiving their letter, P2C's letterhead does not contain their telephone number only that of Debitas so there is no way of putting them off. Beachy

Sunflower Send them this letter

I have moved your thread to the Digital TV services Forum where you will get the best help.

NOOOOOO! Please dont eat my pig!

what does your boy want for Christmas?

hiya sunflower99 i do hope you are feeling a bit better after today i have had a brill day , and well its these days that you suddenly realise its all worth it anyway off to bed soon getting up early to do loads and loads of letters take care everyone and keep happy ciao MAZ

LOVED the youtube stuff fuzzybobble. You are well funny.......and their threat monkeys (love that name ) are SOOOOOOO thick PMSL

They may also ask about the perentage of the purchase price calaimed to be fixtures and fittings David

Andrew 1, Thank you for popping in to PPI forum. This question would of course have meant I would have to start night classes with a view to becoming a member of the bar. Now I am ok with bars but not one where a knowledgable Judge can make you quiver. Yes I have been to Crown Court:eek: Subbing for more information as and when aa

Just wanted to update, EON have written off the final bills completely. It was all their fault (they failed to update the Gas card & electric key with my account numbers). A big thank you for the replies & to the website in general for giving me the confidence to tackle these companies, (once upon a time I would have written a cheque just to get them off my back) Wellie81 x

Now there are a lot of companies which offer valuable services to people and if you dont feel confident to deal with this yourself and the deal is right for you then its your call of course you should make sure the deal is right and that you are not going to have to hand over a lump sum of any money claimed that said, we are all here to help;)

If it is truly no win no fee and you don't have the confidence to mount the legal argument yourself then thats your decision. However stay clear of the claims companies............