BRIGADIER2JCS
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Everything posted by BRIGADIER2JCS
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is this clased as beyond the balance of probability
BRIGADIER2JCS replied to paul1979's topic in Benefits and HMRC
Hello Paul, This is detail of a medical examination is it not and a reassessment of your claim? It seems you have a disorder that affects your ability to function for more than half the time, these appear to be case notes probably not needing a signature. -
The letter is suggestion only made on request of the OP to way up the prospects and consequences of future actions.
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Hi, The purpose of a SAR is to obtain all the "personal" data the creditor holds on you and so if you want to reclaim "penalty" charges and mis- sold insurance premiums it's a good place to start. A SAR has a statutory fee of £10.00 (use a postal order) the creditor has 40days to comply, use the template from the CAG library and address to the Data Controller at the creditors head office.
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Equifax still showing bad credit after 6 years
BRIGADIER2JCS replied to indigo_child's topic in Credit Reference Agencies
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I'm sure that there is a raft of data on this subject, but this PN is current and in constant use. All boils down simply to no judgement the original cause of action starting the six year clock is maintained and the clock restarted from that date.
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Responding to PM. This time send by post Marked Private & Confidential: Personal Attention Required. Dear Mr Mockeridge, I refer you to my correspondence dated xx.xx.xxxx which was passed to Ms Miller for attention and to which she has replied on your behalf. Having read Ms Millers response I find it inadequate to say the least the most important points have been ignored it seems or not properly addressed so I will outline them once more. 1. I cancelled my account with VM on xx/xx/xxxx as I had taken up subscription with another provider. 2. It quite clearly appears that the VM operative who dealt with this cancellation did not properly act upon it. 3.I did not become aware of VM's error in dealing with my cancellation until I had access to my bank statements after some technical problems with my bank. I became aware that VM was still taking Direct Debit payments from my account on xx/xx/xx . 4. I requested my bank to reclaim the unauthorised debits which it has done. Please also note in reference to Ms Millers insistence that I still owe VM £xxxx.xx for services I did not in that time period have a VM receiver box, and did not access or utilise any VM services what so ever. Therefore no payment is/was due to Virgin Media in reference to this account. Also I am totally unable to reconcile the figures supplied by Ms Miller. I am further concerned that VM may place derogatory data on Credit reference files in regard to the cancelled account and the alleged debt accruing from it. I do not accept any liability to VM for an alleged debt caused by its failure to act upon my instructions. I would expect as CEO of VM Mr Mockeridge you will be able to provide me with a prompt and positive response to this matter. Signed for post.
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Practice Notes: England and Wales: A practice note which looks at the effect of limitations periods on amending and new claims in pending actions. Commencing proceedings and limitations. (6 year LP for actions of simple contract or tort.) The commencement of proceedings stops time in respect of the particular cause of action on which the proceedings are based.........> >..................... Bringing an action within the limitation period does Not stop the period from running generally. IF AN ACTION IS STRUCK OUT OR ABORTED BEFORE JUDGEMENT IS GIVEN, A FRESH ACTION CAN ONLY BE BROUGHT IF THERE IS A BALANCE LEFT OF THE LIMITATION PERIOD. Practice Note 0-500 0** This shows that the limitation period continues as according to the original COA.
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Typical Lowell, thumb up bum brain in neutral response. "We could may even might take sour action but all we can do really is send round some oik with no more authority than the usual company " script" to collect my doorstep ." Discount is a give away too!!
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A formal complaint to each DCA or creditor preferably made to a specific company office e.g. the managing director or CEO of the company concerned. The requires the company to filly investigate and respond within 56 days once you have their final responses then if the harassment does not cease it will be easier to take this to the next level. Another alternative is a " Letter Before Action" pointing out what is happening and what you require the company to do to prevent you issuing court action.
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Lowell/ BW legal/ Aqua Claim received
BRIGADIER2JCS replied to andy07's topic in Financial Legal Issues
Check with the Court tomorrow they will be able to say what the current status of the claim is. I suspect "stayed". -
Please clarify; 1. Does the alleged agreement/app form have your name and the creditors name as at the inception of the agreement? 2. Are ALL the terms and conditions as at the inception and closure of the agreement? (Two separate multi page documents). 3. Is there a document (s) containing any material amendments to the agreement during its life? 4. Any other documents mentioned in the body of either set of the Ts & Cs? ( often more Ts & Cs are contained in a booklet issued when the CC is supplied) 5. A current statement of the account? ( not an historical one). This is what arose from HSBC - v - Carey.
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Often the debt purchaser has little or no idea of the status of a debt Cabot appear to be chasing a large number of suspect catalogue debts at present. Double check everything in respect of payments and written acknowledgments of this alleged debt so there is no doubt about its status, your defence if this is SB is absolute.
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No mention has been made of any such action! This is not a " random" billing in any way, an instance of the company script is always right I think.
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Hi was that Noddle report up to date as far as you could tell? This could indicate that more than 6 years has passed since the default was placed. Can you recall if any payment or unequivocal written acknowledgment has been made to the alleged debt in the last 6 years?
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£900.00 for non existent service is an outrage Ask the question of Ms Miller re VMs intentions and go from there.
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Happy to help!!
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HSBC - Hardship claim and the Bank's response
BRIGADIER2JCS replied to lukebolger's topic in HSBC Bank
All FOS needs is a statement in clear chronological order of what has happened, and what you believe HSBC has done wrong e.g. the £125 penalty charge and anything similar, copies of your letters and the HSBC replies. -
This is common with Virgin Media I'm afraid, not recording " cancellation requests and continuing to claim payment for a service that has not been used. I can understand your feeling about them placing a default and your proposed mortgage application. One would reasonable think that as you were reclaiming the payments under the DD guarantee that VM would have realised something was amiss, does this amount to negligence/ mismanagement of your account I'm not sure. The evidence is clear that you did Not at anytime after you genuinely believed the services were cancelled, that you did not avail yourself of any VM services. How far into your mortgage app are you? Keep a close eye on your credit files. I would make the subject access request the DPA allows 40 days for compliance.
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The EC/EEA licence must be current.
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The wording is very specific so as to leave no doubt on liability. I would use signed for post and check delivery. This is probably going to be a negotiation process so have a figure in mine that you are prepared to go with, this must be reasonable and must Not put you in to any hardship situation. Good luck!!
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That is correct and is explicit: to supervise a driver in possession of Provisional Licence the supervisor Must have a full UK driving licence for the correct group and Must have held for at least 3 years. People have come "unstuck" when the "supervisor" has a licence for automatic transmission vehicle only as they cannot supervise a provisional licence hold in a manual transmission vehicle.
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Have you checked your credit reference files yet, there may be some "clues" as to dates there. IF the alleged debt is still reported. Equifax and Experian have free 30 day trials. Noddle (Call Credit) is Free always.
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Going back to the early-mid 2000s it was common practice for catalogue companies to "open a credit account" on acceptance of the 1st order from a customer.
