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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

42man

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Everything posted by 42man

  1. 42man
    In Harrison vs Link Financial in 2011 the defendant convinced the judge that the agreement they had provided was NOT the original....so do have a look at Harrison vs Link Financial
  2. 42man
    This is interesting.....if you email Lowells they say they are not able to communicate via email as they have to verify you....can I please URGE you to report this to the OFT
  3. 42man
    And make sure you send the transcript to the OFT too...
  4. 42man
    Does the interest rate tie up with what is in the statements ? have they provided statements for the duration of the accounts ? default notice ? How many more agreements do they need to provide ? If you look at the Patricia Jones vs Link Financial case in the High court then they need to provide them all
  5. 42man
    IF you haven't already Derek then send that email to the OFT outlining your situation and making the point that you do not know whether that means they are stopping any legal action....
  6. 42man
    If there is no name on the agreement then the judge cannot allow the demand to stand - http://www.consumeractiongroup.co.uk/forum/showthread.php?291945-Phoenix-Recoveries-vs-D-Kotecha-Court-of-Appeal It could be anybody's agreement.
  7. 42man
    I agree, you should write a letter to the court manager giving your case number, make a request to dismiss their frivolous statutory demand and claim your costs...
  8. 42man
    You will also take a little confidence reading through in here too - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes
  9. 42man
    And this - http://www.consumeractiongroup.co.uk/forum/showthread.php?371191-Lowells-Statutory-Demand-%28Capital-One%29-***-WON-COSTS-***&highlight=kotecha
  10. 42man
    As for the 6.5 then you will have to use as much as you can and try and get to know your stuff, you need a good judge too as they can vary wildly on occasions. You might find these links useful http://www.consumeractiongroup.co.uk/forum/showthread.php?378142-Lowell-Statutory-Demand-help!!-***-WON-COSTS-***/page2&highlight=kotecha
  11. 42man
    Hi Roy....you have been a member of this forum for a while so you already probably know quite a bit about the CCA1974, however you will need to know your onions in court and be up for a fight for the form 6.4 (set aside) then follow the below How to fill in Form 6.4 For (a) fill in your name and address The section that states attend before the Registrar leave blank. This will get filled in by the court. For (b) on the hearing of an application by (b) (insert your name) An application for an order that the statutory demand dated (insert date on the SD that you received from (CREDITORS NAME) be set aside For © The grounds on which the applicant claims to be entitled to the order are set out in the witness statement of the applicant sworn on (insert the date that you hand the forms into the court). For (d) The names and addresses of the persons upon whom this application should be served are: (d) (insert name and address of CREDITOR/SOLICITOR) For (e) The applicant’s address for service is: (e) (insert your name and address) Cross out where it states (Solicitor for the) and just leave the word Applicant and sign and date the form.
  12. 42man
    Have a read of this thread you should find it extremely useful - http://www.consumeractiongroup.co.uk/forum/showthread.php?378142-Lowell-Statutory-Demand-help!!-***-WON-COSTS-***/page2&highlight=louder
  13. 42man
    Well done....I do hope you have complained to the OFT too
  14. 42man
    Are you able to post up a copy of the agreement ? (minus your personal details for obvious reasons). Also if you can check the interest rates against the statements (the importance of which was highlighted in a high court case called Kotecha vs Phoenix) then that may be worth looking at, otherwise the penalty charges may not bring it down enough.....you may have to enter into a repayment plan to avoid losing your house. Otherwise the only other option may be the lack of default notice, but you would need to be convincing in court and need a more than reasonable judge.
  15. 42man
    Some good advice offered above, if it was me in your position then I would be spending some time around these forums reading about the Consumer Credit Act which you will find very useful. They cannot ignore your CCA request and I would be putting them to strict proof to provide, statements for the duration of the account, the agreement, proof it wasn't statute barred, the default notice, termination notice, deed and notice of assignment. It would have been nice to see your 6.5 just to check it was ok, did you put in any references to High Court Law ? (which should be upheld in a lower court). You should be showing the judge how angry and upset you are at having to deal with this and whatever you do you MUST report them to the OFT. You should also submit your costs so they are in the court files at least 24 hours before the hearing there is a link here - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons Once you start reading these forums you will start to feel more empowered and believe me you will pretty angry at Lowells and BWLegal at the end of all this, make sure you keep your paperwork in order, and don't be bullied by these dreadful companies.
  16. 42man
    99% is a high percentage.......and it wouldn't be the first time they claim a phantom payment has been made on these forums. Your local bank branch may even be able to print of the statements for that particular month/year if of course you are still with the same bank..
  17. 42man
    You might find this thread useful too - http://www.consumeractiongroup.co.uk/forum/showthread.php?156502-Registered-County-Court-Judgement-***-WON-***
  18. 42man
    If you are in position to make a payment then fine, but I would advise getting in writing the fact that they are stopping their legal process. Getting any agreement in writing is absolutely imperative I would also send off a SAR and a CCA request too.
  19. 42man
    Can you check this ?
  20. 42man
    Excellent result...very well done
  21. 42man
    Please forward copies of all the correspondence to the OFT Polly.Ashford@oft.gsi.gov.uk (without the space)
  22. 42man
    You should work out your costs and make sure they are IN the court for the 14th April - link here - http://www.consumeractiongroup.co.uk/forum/showthread.php?327997-Statutory-Demand-from-Hamptons-Legal-WON-STAT-DEMAND-DISMISSED/page2&highlight=hamptons
  23. 42man
    Bankruptcy should only be a last resort and I am sorry to hear of your situation, you can of course as has been said above write or email your creditors inviting them to make you bankrupt, explaining your situation brielfy. Please try and relax, the stigma of bankruptcy isn't what it used to be and it is how you come stronger out of bankruptcy rather than the fear or stigma of entering it....I presume you don't owe a property ?
  24. 42man
    The reason for a SAR is that on occasions Lowells ask for an adjournment to get paperwork, they will continue to ask for adjournments if they can't get paperwork which in the main they struggle to do. By sending a SAR you can pre-empt any potentially 'false' paperwork they try and produce from the original creditor, and you can also show that the original creditor was never able to provide x paperwork or y paperwork too....on a few occasions the original creditors can't even find an account for the named person. You also need to show that you are making more than a reasonable attempt to get paperwork, and unless you get some help from a judge in disclosure then the process can go on.
  25. 42man
    Just keep a close eye out as Lowells are issuing stat demands out at the moment......keep ALL your paperwork including the recorded delivery slips from your CCA requests.

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