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mahala

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Everything posted by mahala

  1. Congratulations. However, I really must say that I do not recommend sending letters/emails of that nature. I'm not sure that it's appropriate to use information gleaned here about other cases, which are, until they reach court, essentially private matters. You could be putting fellow forum members in a difficult situation, not to mention the admins.
  2. mahala

    3 questions

    1. You will receive a copy of the acknowledgement which will tell whether Abbey intends to defend. They have 28 days from the date of service to file their defence. 2. When it gets to the point of allocating a court, you will be sent a form to complete. At this point, the case can be moved to your nearest County Court. All Moneyclaim Online claims are intially dealt with by Northampton County Court. 3. You can, as others (myself included) print out your schedule of charges and send it to the bank, telling them which claim number it belongs to. If you do this, you will also need to send a copy to the court.
  3. just for reference, this is the thread discussing calling KJ. I think that bit of the discussion starts on page 3.
  4. I understand that people have phoned KJ and agreed settlement, but I'm not sure he would appreciate having that conversation in writing, as it were. The thread that discussed this did state several times that anyone attempting this should tread very carefully. This letter, to me, feels less like treading carefully than getting out the size 15s and stomping all over it. I'd think very carefully before putting this apporach in writing.
  5. This letter makes me uneasy, for a number of reasons. Although I have no doubt that the banks read these forums, I'm not sure that it's a good idea to mention what happens here so openly in a letter. these are intial thoughts, so I've not really got an explanation as to why, just gut feeling. I'm not sure it's appropriate to use information you've gleaned about other claims in your letter - at least where it applies specifically to one claim. It may be that the information ought not to have been shared or was "without prejudice" - again, thinking on my feet here, but I wonder what effect it may have on that person's claim. There are other bits too, but I need to have another read through. But my instinct is that it's not a great idea to send this.
  6. Have received a reply to my payment request. Are you ready for this? Was it worth waiting for I ask myself? Seems to me that they have no idea what this is about and are playing for time while they work out what to do, LBA goes on Tuesday, so they best get their skates on!
  7. received from the court this morning a copy of the intention to defend all of the claim. Keith Jeremiah has just added to his caseload.
  8. nice, friendly letter! did you give them 14 days to respond? Wait until the deadline you gave them has expired and then send the Letter Before Action. Don't let them put you off edit *snap*
  9. I shoukd get your complaint letter to Trading Standards ready now. I imagine you;ll need it,
  10. Just to further complicate matters (make things more interesting?) I've just re-read the letter I got from the court when i asked for the judge's comments. It states that the claims have been issued, but will proceed no further until I pay the extra fee. so it seems to be saying I can go ahead with the claim under Part 7, but only if I pay Part 8 fees! This can't be right surely? Also, BF suggested I cancel the claim with GE, since they have very belatedly responded and asked for ID. I'm happy to do this. I wondered about getting my fees backa nd if the court would refund them, due to the situation with the Judge etc, or if I'd need to get the m back form GE. We thought that I could get them back from the Court since the cases were on hold, but it seems that they claims have actually been issued according to this letter, so I may not ahve that option anymore.
  11. but equally, many places are writing back asking for the £10 fee. In this case the 40 day limit does not start until they have the fee and so all that this will have achieved is to delay proceedings
  12. I know you've missed a week and would like to "catch up", but I would warn against hurrying to the next stage before the deadline you've set has expired. We all know that if they've relpied once it's unlikely they will again, but giving 14 days is more about showing a court that you have been reasonable in your time frame. This would be more difficult to do if you gave them 14 days to respond, but moved ahead after 8, for instance. Just a thought.
  13. A lot of the banks are returning fees and saying they'll give the info free of charge, but a lot have also shown how arsey they can be. I wouldn't want to hope they decided to overlook the lack of payment If I were you, I'd follow Mech's first suggestion and write to them again, sending the payment.
  14. something StoneLaughter mentioned just now - is there a 14 day limit for requests for ID? I know they are entitled to satisfy themselves as to my identity, but StoneLaughter seems to think he read on here somewhere that they have to ask for ID within 14 days (not 50 days, as is the case here).
  15. I went to my loal County Court yesterday and filed two claims for orders to comply with a DPA SAR. One was against Abbey and the other against GE Capital. I went armed with Alan's advice about it NOT being a section 8 etc, just in case I ran into problems. They weren't keen to accept it, but the woman on the desk went away to speak to someone and came back and took the claims and charged me £30 each for them - all seemed to be in order. I went back to the court today to file some papers for Stonelaughter and it was the same woman on the desk. She told me there was a problem with my claims and they couldn't proceed at the moment. She said the issuing clerk had not accepted that an N1 form was correct for this sort of claim and had taken both claims before a district judge. The judge had ruled that they should be on a section 8 form (I know, I know) and that it should be £150 fee for each, not £30. The judge said he was happy to take the claims on the wrong forms but I need to pay the extra £120 per claim before anything will happen. I said that I had explained all of this yesterday, and that the info had come from the ICO, and asked why they hadn't checked first? She said it wasn't their business to check with anyone, and the judge had ruled now. My options now are: 1) proceed as a section 8 and pay the extra £240 in total. 2) apply in writing to the court manager for refunds (abd hope that they grant them , as they don't have to) and start again 3) produce written evidence from the ICO that the claim should be a section 7 and charged at £30. The court refuses to accept verbal confirmation from the ICO. If I choose option 3 (which seems the most sensible), I have to hope that the judge changes the order, because it is now, apparently, up to the judge how this proceeds. They couldn't have been less helpful, and didn't seem to care that these types of claim have been accepted elsewhere as a section 7. I asked for a copy of the judge's comments, and had to battle for them too. I waited while they were typed. When I got home and read them I haven't got a copy of the judge's comments at all, I've got a summary of what the position now is. I know SL has PM'd a mod about this, and has also called the ICO, who said the info is in one of their help leaflets, which they are sending, but does anyone ahve any comments/advice/help?
  16. my claim includes three from 1999, which is when the account was opened. They only add up to £15 though. I wouldn't worry about it.
  17. oh ypu'll still exist all right. I did the same as you 6 years ago - OD was £1800. They also employed DCAs - the info I got from Abbey shows several, but I only ever heard from one and they went away again. My info from Abbey shows this debt as written off.
  18. yes, I agree with Caro. Just because defence has been filed does not mean they are willing to step into the court room. Stick to your guns - it's unlikely FD will want to put their "innocence" to the test in the court room. They push it right up to the heating date, but so far even the banks doing that have settled on the court steps.
  19. I've now got 6 recorded letters that don't show as delivered, and one that Royal Mail have told me has been lost One of these meant starting a whole procedure again, so I'm miffed to say the least. I would like to put in a claim - how do I go about putting a value on SARs, LBAs and CCA requests?
  20. no, you started the procedure in may i assume, when getting the info from the bank. As the claim progresses, obviously some charges will outside the 6 yearsm but they weren't at the start, so claim them anyway. The bank will be very unlikely to query that,
  21. Typical, this morning I got a reply from GE Capital - only 48 days after I made the DPA request, and a day after I filed a claim against them. so now what? Obviously I need to give them the ID they require, but I've already filed claim, and they are well over their time limit for making a request of this kind. Best way to proceed? A letter to them explaining the situation theya re now in, enclosing the relevant document? Besides anything else, I need my £30 back now lol
  22. *digs around in back of brain* CIFAS - I knew I'd heard the term before. It was when I worked for a mobile company for a few months, connecting handsets. CIFAS would flash up occasionally when we did a credit check. it doesn't necessarily mean anything to be honest, but it flashes up a fraud warning. That's not to say the person making the application has been fraudulent somewhere, but that information requires manual intervention, as opposed to a computer decision. We passed these checks on to another department for manual checking who would often pass them back to be approved, having looked into the details. I seem to remember that it could often be to do wit other people you were linked with either through name or address or both. We were sometimes told to advise customers that if they believed there was inaccurate information on their file (like a link to someone that they weren't linked to) then they should submit a notice of correction.
  23. It was a personal one. As far as I'm aware, you can claim back charges on business accounts too. I believe this is addressed in the FAQ
  24. Alternatively, if you don't know the address of the righful owner, but still wish to return it to them, you could try this (had to do it once or twice when my staff forgot to get customers to sign cheques ) Take the name and account number and sort code from the information you have. Write it on the front of the envelope and put the sheet you were sent in the envelope. Write a covering letter to Abbey (or take it into your local branch) asking them to forward the contents on to the account holder. I've never had a problem with this before. It might be worth a shot.
  25. Thanks for the info seminole Letters in post this afternoon. Will wait and see what happens with Trading Standards now, rather than write to Aktiv Kapital to get the default removed. Text of my letters appears below, with the info seminole gave me omitted
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