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yaffsimone1

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Everything posted by yaffsimone1

  1. Thats not a problem i will SAR whoever i need to. This more principal than money, in 2007 i exercised my rights and they have all ignored me ever since...untill now
  2. Am i allowed to submit an SAR to the original creditor after my acknowledgement of service but before the final defence submission date? Im asking this because i know that once the defence is submitted i cannot go back and add to it, but what happens if i dont get the information required in time for the defence submission date, can i request it to be stayed?
  3. I have had nothing from RBS, Shoosmiths or Arrow Global to back up that Arrow Global have:- 1. the right to issue a claim 2. that there is actually a valid credit agreement in place that can be enforced, and if there is they have not issued a default notice which needs to come before enforcement I will write to all of them asking for information, they will need to provide what they have at some point for the purposes of the court bundle. If they dont respond or provide the information i guess it will either get stayed or i see them in court
  4. Exactly, thats why im trying to establish who i am supposed write to to get the back up to AG's claim.
  5. Ok that now makes sense, RBS should be able to provide everything to back up this Arrow Global claim including Arrow Globals Notice of Assignment? after all unless AG can prove they own this debt they have no grounds on which to bring this claim. I note your comment about the Credit Agreement, this was requested back in 2007 but never supplied, however, i have been told that the SAR should contain a copy of the credit agreement also. For under the CCA 1974 certain information is allowed to be removed but under a Data Protection Request it is not, it has to be the full, true copy
  6. If AG are the owners of this debt and they are the claimants are they not responsible for providing the evidence to back up their claim?
  7. Thank you i realise now that i sent it to the wrong company, however, in the meantime how do i get Arrow Global to provide copies of the documents that they alledge to have already issued. Will this come as a result of the SAR that i will now send to RBS or are AG responsible for sending copies of thier own paperwork?
  8. Thank you. So im assuming an SAR to RBS wont help as its Arrow Global who are suing me and i need to get them to prove the particulars of thier claim, if i cant SAR them and they have ignored previous requests how do i go about getting this is alledged paperwork to defend my claim? Thanks
  9. RBS are the original creditor, but Arrow Global are the Claimant they have insisted that they have purchased this alleged and debt and issued a NOA and have a right to sue me., however, I have not recevied any formal documents from AG or Shoosmiths apart from the CC claim hence why i sent them SAR. I cannot properly defend this claim unless i have all the historical information. Should i SAR all three of them, RBS, Shoosmiths and AG?
  10. Arrow Global will happily accept a payment from me via Shoosmiths but they wont accept a £10.00 PO?? I havent paid them anything thats just an argument!
  11. I could do with a bit of advice..... An old 2007 disputed debt has reared its ugly head. Shoosmiths are the Sols acting on behalf of Arrow Global, Arrow Global have 'alledgely' purchased this debt and sent notice of assignemnt albeit no documents ever recevied. To go into the history of this will take an age....so briefly, on 15.9.11 i sent a full SAR request to Shoosmiths as they are the ones in correspondance with me. On the 19.5.11, through Shoomsiths, i received a CC summons, the Claimant being Arrow Global. I filed my AOS on 20.9.11 but dont intend to issue my defence just yet. The cheeky buggers AG not Shoosmiths write to me on 22.9.11 (two days after filing AOS) sending back my cheque of £10.00 and saying that it should be made payable to AG not Shoosmiths?? and that my request of 15.9.11 is no longer valid. By sending it back and saying its not valid means i cannot say in my defence that the SAR was issued before the CC claim was recevied? and if i resend a new SAR and cheque it cannot be used in my defence as it was done after i filed my AOS? Can i just send the cheque back saying poke it, it is valid regardless of who i sent it to, after all Shoomsiths are acting on bahalf of them? Also AG have blatantly lied about when they recevied the SAR, i have the signature from the Special Delivery saying it was signed for 16.9.11 at 7.36 am yet AG state Shoosmiths did not recevie it untill the 21.9.11? Funny they recevie a letter, compile a response and post it out to me in the same day...i dont think so!
  12. Your quite right it is dodgy, thats why i have not done it, after all i did spend the money i borrowed and i believe i had a moral duty to pay it back and i'm sure a court would think the same. In hindsight if i had known then what i know now i may of acted differently, who knows.
  13. Well in that case Capquest owe my 5k, as i too had been paying a debt that didn't exist and HSBC admitted it!
  14. I doubt you can claim anything back. You have acted positively by making payments against this 'debt', you cannot now act in any way that is contrary. I believe that by paying against this 'debt' has waived your right to claim all these payments back. I say this because i know of a court case where the scenerio was the other way round, a company was protesting some invoices but then acted in a way that was contrary to its protest. i.e paid them, this alone waived thier right to dispute the invoices Someone correct me if i am wrong....
  15. No i totally agree with you with regards to unreasonable interest charges, PPI etc. Though if you take the time to read back through the threads, i have not suggested the original poster is using the CCA as a tool to avoid paying at all, he asked for advice and i suggested that he, in the first instance, pay what he can afford, it was subsequent posts that suggested going down the CCA route. Which in my opinion (and we are allowed one on here!) is to be used as a last resport. I am a Christian and find your Shylock comment offensive, we are all entitled to our opinions this forum is here to help others.
  16. What are you saying..spend 9k of someone elses money then only pay it back if they have the right to collect it! Ok legally they might not have a right but morally the money was spent and should to be re-paid. This i where it gets my goat that some people (not saying this thread in particular) simply use the CCA as a tool to avoid paying.
  17. Sequest From reading the post Darney is not disputing the debt or has Darney said they cannot pay, he/she have made an offer of payment after all. I like to think that requesting of the agreement and going down that route is to be used only as a last resort, it is not there for an easy way out. I have used the CCA request but only when all other avenues have been exhausted, and it was as a last resort. By going down that route it has ruined my credit status. My opinion is that in the first instance you should always make an offer to pay and try and sort out the debt the right way.
  18. For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. I'm assuming the seller didn't advise you of any faults with the car before purchase, if he did and you still purchased it then you may have a problem
  19. Sold as seen what a load of c**p, regardless of wether the car had a warranty or not the garage has a legal duty to ensure that the vehicle is fit for purpose. Sale and Supply of Goods Act 1994 states:- Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality. Breaking down not even 24hrs after purchasing the car is not something i would regard as satisfactory quality! Go back to the garage with a copy of the Act if need be and tell him to fix it
  20. The OFT stated that the circa 30 pound charge was unlawfull hence why lenders have now reduced charges to say 12 quid, you may only get the difference back but it all helps
  21. In the first instance i would, if you can really afford to do it, is start paying 200 pounds per month. Personally based on your figures i think 200 is too much, can you really live on 100 pounds a month? You dont mention travel expenses, food, clothing etc only rent. I highly suspect that AIC won't refuse your payment, and if they keep demanding the full amount tell them to issue a court summons. If they do, you defend by saying you made monthly repayment offer, it wasn't accepted or refused by AIC but you proceeded with making the payment anyway. Based on this you ask that the judge considers allowing you to continue making the monthly payments. This should see you in good light. Obviously if you dont keep up with the repayments, then a CCJ will/may be issued if AIC go down this route
  22. I can assure aj84 my id is not fake and maturity was not in question here, they didnt refuse me because of my age, albeit i do get strange looks sometimes when presenting the card! I have just had confirmation back from Ryman's (i emailed them last night) that they do indeed allow the use of discount cards on promotional items, so the store manager will get another visit from me tomorrow with a copy of the email. I'm not going to purchase anything i'm just going to prove him wrong. I could just forget it but the whole thing has really bugged me, i can't stand shop staff that give out false information.
  23. The card doesn't have it own terms and conditions. I can use it in any store that offers student discounts. Surely its the store that should stipulate whether the cards can be used in conjunction with offers or not.
  24. I have just been into a very well known stationary shop to by some stationary. The product i wanted was a BOGOF (buy one get one free) the store offers student discounts but my student card was refused on the grounds that it cannot be used on promotional items. The big sign that say's 10% student discount does not say anything about promotions. Where do i stand, should i go back and demand my discount, if so on what grounds? I am a mature student by the way:p
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