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42man
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Posts posted by 42man
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If it was me in your position I would be writing to the Chairman of Natwest quoting BCOBS stating that they have sideswiped your correspondence and are attempting to renege on their agreement and seem to only have their own interests at heart, showing no forebearance, and any kind of regard for your own position. Make sure you email the FSA and the OFT too.
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I agree with Donkey, you have them on the back foot.....this is the risk of a company such as BWLegal in trying it on with these frivolous demands, if you fight fire with fire it can bite them in the backside......get them to agree to your costs so far and you will allow the set aside, what you MUST also do is report this to the Office Of Fair Trading too...
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That it is Link in disguise.....
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You could possibly try the financial ombudsman although it may take a while....
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If anyone started saying anything on an open forum about one of your dead relatives or friends the day they died Crazy Diamond how would you feel about it ? (and I neither liked or disliked her and I am not related)
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They have to act fairly towards you and in my opinion you should start shouting BCOBS to them - http://www.consumeractiongroup.co.uk/forum/content.php?849-BCOBS-Round-up-Making-your-bank-treat-you-failry
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If you had to go to court (and please believe me when I say that you will win for a stat demand that is only £350) then you would be able to ask the judge for your costs - there is an example here - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons
Just keep us posted if you hear any more from them - did you email the OFT by the way ?
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I think you can get them for as cheap as £130 each
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And that is the forfeit for me not being able to get cheaper tyres as my current car does 55-60MPG and has 18" alloy wheels, although I have owned a Cherokee and a Wrangler in the past...
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I remember thinking how cheap 4x4 tyres are/were....I replaced 4 (BFGoodrch A-T tyres) on my Jeep for £56 each !! (about 15 years ago)
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What sort of Jeep have you got Surfer ?
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Can I please urge you to drop an email to this email address - Polly.Ashford@oft.gsi.gov .uk (without the space) Just detailing the fact that you have received the above correspondence, tell them the amount, state that you are not happy at receiving threats of a stat demand when a) the amount is disputed and b) that as you understand it the amount is £750 to pursue a stat demand and subsequent petition...
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Invite them to apply for a demand, then take it to court and claim your costs....
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If it was me in your situation then I would be emailing/sending (recorded delivery) them this...
Dear Sirs / Madam
I am in receipt of your statutory demand which came into my hands on (date)
Although I will not attempt to get into litigation via the postal service, I will be setting this demand aside at my local court as this debt has been in dispute since (date), I will also be claiming my costs in the process,
I am sure that I have no need to remind you that Office Of Fair Trading make it quite clear in Section 3.7 (f)
f.-failing to ensure that an accurate and adequate history of the
debt is passed between parties, as appropriate and necessary
I am also sure that I have no need to remind you of the finer details of The Consumer Protection From Unfair Trading Regulations 2008 and your own associations 'Code Of Conduct'
If I do not have a response stating that you will NOT be proceeding with a petition and that you are withdrawing the demand within 7 days (maximum), then when the issue of costs arises I will be producing both this correspondence and previous correspondence to the judge.
I will also be informing the Office Of Fair Trading of your clear breach of the OFT's guidelines, and your unlawful use of the statutory demand.
I trust this makes my position completely clear
Yours faithfully
If you hear nothing within 7 days then give me a shout and we can form a good set aside for you....
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Had a call from KwikFit on Thursday, They are sending me a refund for the cost difference of the tyres and the added 'bits', not too concerned about the alignment aspect as it needed doing, BUT they didn't tell me what the price of alignment would be before carrying it out, and I didn't realise that it was an extra cost. So bill is reduced from £490 to £400 which I am happy to accept.
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How old is this document ? and it is actually a statutory demand ? is there a date on it ?
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IS it a 149 or a 150 ? You might find these links useful
http://www.consumeractiongroup.co.uk/forum/showthread.php?131499
http://www.consumeractiongroup.co.uk/forum/showthread.php?159341
http://www.consumeractiongroup.co.uk/forum/showthread.php?121975#post1385509
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Make sure you submit your costs too before the next hearing.....there is a guide in this thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons
BW Legal.Statutory Demand
in Financial Legal Issues
Posted
1st Credit and Connaught Collections were warned about this a few years ago - http://www.oft.gov.uk/news-and-updates/press/2009/20-09#.UWk3X8qwV_s
If there is a 'requirements' order imposed upon a debt collection agency such as this, then others must comply with this ruling, Sarah De Tute, Lowells Director Of Compliance (and President Of The Credit Services Association (what a complete joke)), is clearly heading for a fall.
Make sure you keep those orders of the court close at hand, and you must inform the OFT too - Polly.Ashford@oft.gsi.gov .uk (without the space)
Drop them an email just detailing briefly what has happened