Update: I have contacted the court and have been told that the defendant has deceased, now do I apply for a judgement or?? please tell me which direction to take from here as I am lost now his house is also on sale can I take action on that?

Could please someone guide me how to put the words right on the claim form, I mean how shall I put my claim forward I need the right wordings please, I would really appropriate this thank you

So sorry to read this I feel very lucky to get away from Car Craft I was going to buy a car from them last year, and when I had a test drive on a zafira the engine management light come on, and the salesman said oh it's a new car and has not been driven and will sort it out??? Yeah right I've heard that one before. I will make sure I avoid this place I wish you all the luck hun

I paid him cash £500.00 and he's given me a receipt hand written plus I have text messages from him as evidence were it is clear that he was doing the morgage for me.

Thank you do much for your fast response I looked online and the fee was £80.00 MOC website I may be wrong £30.00 is worth it, also his bungalow is up for sale so my plan is to get him to pay if not then put an order on his house, fingers crossed. Whats the price & time of letters? What can I charge him on total? I don't want to make a fool of my self in front of the judge and also the house belongs to him his wife told me, it's first time I'm taking someone to court thank you sir

Hello everyone I hope this is the right part of the form I am posting in, I am seeking some help and advise. In January 2012 I approached a high street mortgage broker and asked him if he could secure a mortgage in the house that I live in as my landlord wants to sell the house. So this mortgage adviser showed me all the deals he had, he was offering packages that you pay a one off fee and that covers the solicitor costs and the survey fee and brokers cost. I went for the deal and paid £500.00, plus I handed him all my personal information, about 3 weeks later I called him up to enquirer how the progress was and he sounded very happy and said its been approved etc. As time started passing by I did not hear from him, so I turned up at his office, and found the place to be shut, with royal mail post pilled up. I knew it straight away that I have been fooled by this man, so I asked the next-door cafe and they told me that people are after this broker he has stolen a lot of money from clients and has gone:!: Now I do not have a clue what to do, so like a snail I started to work around this persons whereabouts etc. I contacted the FSA who informed me that this broker was struck off in June 2010:-x and they do not have his forwarding address and either can they disclose that due to DPA. I tried to call his mobile that he did answer and said, oh I am working from home bla bla something I did not believe and said, sorry you are messing me around I want my money back ect so in return he said come to my office and sign the paper work end of week, when I went no sign of him, and his phone switched off so I sent him a text message saying I am going to the police and FSA ect. In return I received a message from hm saying" Oh I am sorry I am in hospital having a bowl cancer operation then it all went dead, no text no post no phone:mad2: When I got home, I knew I will never find this man I only had his full name, so I typed it into Google Search and a lot of intresting stuff had come up:jaw: from this point I knew I can track him down, I used 192 and 6 address come up but which one was it? I remembered him talking to his wife on the phone when I was at his office so found the same 2 names under one address, and went on a long drive looking for him 60 miles away from his office. I knew it will be a hit or a miss, but I did not care, when I got to this massive beautiful bungalow I knocked on the door no answer, so I peeped into the front window, and guess what?? surprise surprise it was Mr XXXXXX XXXXX picture on the wall lol (The Lord Is Great) lol so I knocked on the next door bungalow A really old gentleman answered the door and said" yes how can I help you, I said I am looking for a friend of mine he has not been seen etc so he told me that the person I am looking for is in Hospital. Now I had a positive lead so I went back home and contacted his county hospital and they passed me around and around then I got told what ward he is on and what his bed number was the next day I went with flowers and a card, to see him I was very happy but Mr xxxx was not happy at all, he showed no intention or remorse of what he had done, so I walked out and asked this lady who was before me if she was his wife, and the answer was ex wife, I told her what her ex hubby had done, and she told me that he is a sick twisted man, he had conned lots of people out and he was in las vegas having fun with everyones money:mad2: Sorry for taking your time guys now I only have one option that's to take it to court, so can you please tell me shall i issue court proceedings online? And can I claim my expenses from this man, the time that I put into finding him and writing letters demanding money back? I posted everything recorded and I also have his hand written recite of £500.00 with the date on it. Please show me the way thank you everyone

Your Letter Reference : xxxxxx Account No : xxxxxxxxxxxxxxxxxxx Re: my request under the Consumer Credit Act 1974 - Account now in dispute Thank you for your recent letter dated 11.01.0, the contents of which are noted. I appreciate your quick response to my original letter. However, I have now been advised by a debt charity who are helping me with my debts that the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. An unsigned credit agreement without my details printed onto it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 05.06.08. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 05.07.08 this time limit expired. You had until 5th July 2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. However, I can raise £***, via a gift from my parents which they have offered on condition of full and final settlement of a debt, and I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full. A payment was due at the beginning of February and this has been made. If you accept the offer, the final payment of £*** will be made asap and no further payment from myself will be made Please provide written agreement of this offer and method of payment. I look forward to your reply. Yours faithfully Could someone please tell me if this letter is good or would I need to add anything more to it? thanks guys

Nope I have not offed them anything till I get the right advice from this form Guru I need to clean up my credit file once I have the account settled then yes I can chase them for charges.

Hi sorry for the late reply I've not been online as much, as I have 2 jobs now. The progress with HSBC slow just received this from them today morning THIS IS A DEFAULT NOTICE SERVED UNDER SECTION 87 (1) OF THE CONSUMER CREDIT ACT 1974. Guy's it may sound silly but can I just fire off a letter to them offering them a 50% full and final settlement letter? I just don't want to be playing tennis anymore with HSBC. Its xmas soon so they may accept the offer? lol

Update: 30 Sep 2011 We attended the court and gave evidence, the taxi driver did not have a solicitor and argued to represent him own self, were he made a fool out of himself by using some unappropriate words. After lunch time we went back and was informed that the taxi driver has put in his guilty plea:!: This is what he got Court Fine £1,500 Court costs £1,500 Plus 8 points on his driving licence (he already had 3, so it makes it 11 points) and his taxi licence is revoked! A big thanks you to you all who supported me at such a difficult time, and this really does mean a lot. I was innocent and did not want to be played in any way or form, truth would always win and this is something I strongly believe in thanks guys

Update: 27 Sep 2011 Just been contacted by the Leeds City Council to attend court on this Friday to give witness evidence. My Insurance have closed the case, the fraud team have been very helpful, I will update you guys on Friday do wish me luck.

Your right I have not done it, but will start doing it today, but seriously its not going to make a big difference

Hi ims21 yes it would come to about £500,00 with interest (I guess) what would be the next option please, this is stressful

Hi ims you are correct, I did a SAR in 2007 this is how I know I have charges on the account, but even with claiming them back they would not be more then £500.00, and I own 8k on this account. I wish I could make time go back, I would have never used credit cards.

Thanks for the response I have looked at the account I don't have PPI only late payment charges, I was thinking can I offer them a full and final payment and move on as I can get to borrow some money from family, I am not avoiding the debt but as my circumstance are its just so hard to make small payments on the account that is going towards the interest.

It was a credit card, with HSBC that had a credit limit of £500.00 t start with, that they increased up year by year and now I'm in the region of £8,000, I have had charges on this account that I never claimed back (its a credit card not a loan sorry)

It is my account that I have had for over 11 years, I asked for my CCA so I could see what was the loan agreement at the time I think it was around £500.00 to start with, and now its well over £8,000 and I have been making payments, towards the account, till they sent me a blank application form I stopped all payments. Could someone please advice me what to do next, as I really don't have a clue I've only learned everything from this form so please help me thanks

Hi can someone please help me out on this I sent a CCA to HSBC who sent back an application form no agreement so I sent them another letter telling them I want my agreement not an application form, so they have sent this letter in return (Sorry I can't scan it so I've had to type the whole letter) 22 September 2011 I write with reference to your recent correspondence dated 19 September 2011. I can confirm all documents in accordance with section 78 of the Consumers Credit Act 1974 were originally sent to you on 5 September 2011. We have complied with the requirement of section 78 of the Consumers Credit Act 1974, in particular we have supplied copies compliant with Regulation 3(2)(b) of the Consumer (Cancellation Notices and copies of Documents) Regulations 1983. there is no requirement under section 78 that the original or a photocopy of the original signed agreement be provided. In light of recent High Court decision in Carey V HSBC Bank plc 2009 [EWHC] [3417] QB, we can confirm that, in compliance with a statutory request, made pursuant to Section 78 of the Consumer Credit Act [1974] ("the Act"), the Bank is able to furnish you with: 1. A reconstituted copy of the original application together with a copy of the original terms and conditions forming part of the agreement; 2. A copy of the terms and conditions currently applicable to your agreement; 3. The latest notice of variation; and 4. A statement of account For the purpose of satisfying Section 61 of the Act, both the Signature Page and original terms and conditions are to be read as one single document. The document therefore complies with requirement of Section 60 and 61 of the Act and all subordinate regulations. When providing you with Section 78 response the Bank is not under a duty to provide you with copy of agreement which would have met the criteria pursuant to section 61 of the Act as at the time it was signed by you. The section 63 copy of your original terms and conditions (i.e the card carrier copy) which has been provided is sufficient to meet the Banks obligations. Regarding the Signed Application form, we have conducted a reasonable search. and at the time of request, the document cannot be located. It was in our control but is no longer in our possession therefore, a reconstituted copy application was sent with our correspondence on 5 September 2011. Please note, for the avoidance of any doubt , the Bank's position remains that this is a valid and legally enforceable agreement between the Bank and you. If there is any default of breach of terms of the Bank reserves the right to exercise rights available to it under the credit agreement. We trust that will not be necessary. Accordingly we see no merit in your continued insistence that the documents provided to you are in breach of CCA or any of the underlying regulations. Your Sincerely Cathy Walsh Senior Department Manager This has confused me could someone please tell me that the above letter is untrue and made up to mislead me? I would really appreciate all the help

Update: I have just received a phone call from my Insurance telling me that the other party is willing to pay out for the damage to my car (thanks to you guys) Now does this mean, they have accepted liability? (Also I will still have to go as a witness to court to for Leeds city council) Guys I swear down, this form has giving me hope and support thanks to all of you guys

Update: Leeds city council has put the taxi driver in court and he the driver, has put in a not guilty plea in, so the trial date has been set for end of September 2011. Me and my wife would have to go court to give evidence, and also the independent witness is happy to give evidence. Taxi driver has accused the enforcement officer of not taking the taxi drivers witness details etc so in other words the taxi driver is calling the enforcement officer a liar. My insurance company can not get any response from his insurance company called Markerstudy, has anyone heard of them?

Update: Today I have received a letter from West Yorkshire Police saying the issue is not going to go any further (meaning that can not do anything about this uninsured driver) My Insurance company have refused to pay anything towards that idiot who made a false claim, and I will have to wait for 6 months to get a response from his Insurance company as they are not communicating, after 6months my car insurance can start a court claim if they still don't pay out. Overall thanks to all you positive people who have helped me, my only worry was of being locked up, as I have never ever been to a police cell lol thanks guys I will update you all with the outcome of the claim. (Never have any hope with Bradford Police I believe they are the worst Police force to deal with in our country)

Update: The Leeds City enforcement officer has interviewed me and my wife, he also said he will take this matter to civil court and have him prosecuted. He has also interviewed the taxi driver, and made him draw out the position of my car and his car on paper and that is something he has found, dose not match with our statements at all. Police: They are not going to section me or arrest me (Thank god for that ) But have said they are no longer going to deal with this, because the Leeds city council are dealing with it now. Police can not treat it as a criminal matter, because they do not have any evidence. Police have closed they file. Insurance: My insurance have, advised the 3rd party to withdraw they claim on the grounds of vandalism done on the car. This taxi driver has damaged his car more, and after insurance people compared the pics they said" No way my car ould have done that damage, if it did then my car would have also had the same impact. His damage has been quoted £2100.00:!: plus injury claim. My insurance company said the fraud team have said, there is no way such damage could be caused, and are going to refuse all 3rd party calm. (guys thank you all sorry for the late update, but it is looking very positive)

Thank you so much sailor sam and everyone that posted Update: The enforcement officer turned up at the time promised, he has my full statement now that lasted 2hrs (7 pages). I offered him a drink that he said yes to, and he was a very strict guy around 45 year old. Enforcement officer told me that he was given the go ahead by the West Yorkshire Police, to start his own investigation, and was also told the (taxi) driver was very rude towards the police, and did not care at all. The enforcement officer, has looked into this (taxi) drivers history and it is not good, he said he can not discus anything further with me, but would make an appointment to see the witness. and then come back to get my wifes statement. 3 higher ranking officers from LA would see the evidence, and revoke his licence and then try to take civil prosecution. My Insurance have refused the taxi drivers claim, after viewing the pictures of the damage, they have said, it is impossible to create damage like that by reversing backwards into any car. So basically my insurance have told him to get jogging. Looks very positive, will update you guys soon as I find out whats going on with, the witness statement

Update: Toady 7th Feb The police officer has sent the file to the collision department, who would make a report and forward it to the CPS (Yes you are right) also the officer has given the go ahead to the Leeds city licensing department, who contacted me today morning and, has made an appointment with me at 2.00pm for Tuesday 8th Feb. He is an enforcement officer who would take statements from me, and then interview this drivers, and also try to get evidence together. The officer did say to me, that his report will help me deal with the insurance company, and after interviewing this taxi driver, the officer said, he could give his professional opinion that he is not telling the truth. (Guys I will report back to you all once I have seen the Leeds council officer, and if he believes that this taxi driver has done wrong then his taxi licence will be revoked, thanks to you all I really appreciate all the help)

UPDATE: I have just spoken to the police officer who was dealing with this incident, he has said he interviews the car owner for over 45mins who they do not believe at all, the taxi driver (girls brother) is denying everything and has said" he had 2 children in the car at the time, me and my wife were abusive to him etc. The officer quizzed him on how I got his address then, his answer was that he had gave it to me? (untrue). Police have said they can not prosecute him or his sister due to lack of evidence, so they will write to my insurance company and his insurance. They will also inform the Leeds licensing department of the out come and let them have a choice of further investigation. The police officer did say" I do not believe anything what he (taxi driver) has said, and I will write that in my report as that is my opinion. Also he has come up with a witness, that the police are not interested in, as he is just another fake witness. Dose all this mean, now the 2 insurance company will deal with this?