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

daverules

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Everything posted by daverules

  1. daverules
    Many thanks Andy Regards
  2. daverules
    Hello if someone is in receipt of private pension and went on JSA would they receive the full weekly amount or would they reduce the amount due to the pension. Regards
  3. daverules
    Hello all, received a response from Robinson Way this morning stating the following: "We acknowledge receipt of your request under sections of 77/79 of the consumer credit act. Please find by return your £1.00 fee. Your account is now with our clients solicitor Howard Cohen and they have issued a county court claim against you. We have forwarded your request to them under C.P.R 31.14 you are entitled to request documentation mentioned in the particulars of claim. They are currently in the process of retrieving the documents you have requested. Therefore, please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate." Not sure if I was correct to send the CCA request to Robinson Way so sorry if I made that error. Also on the letter they have increased the amount from the original figure but I don't feel that's right as it seems the increase relates costs for something they have not won yet. I also believe that regardless of what they say regarding the 14 days extension I should continue with filing my defense within the 33 days? Regards to all.
  4. daverules
    Thank you Andy for the response. I am sure it was on CAG as only been going through those threads but have more research to do so when/if I come across it. Regards
  5. daverules
    Hello I have acknowledged online and stated I will defend claim , have CCA1974 ready to go again with the fee, also ready to send CPR31.14 asking for the items mentioned on the N1 form. Should I mention I already requested CCA May 2015? Should I send the requests now or wait a while? (seem to recall reading somewhere to send nearer to time of filing me defense? Regards
  6. daverules
    Will do, thank you
  7. daverules
    Many thanks dx will do that and spend time reading instead of rushing.
  8. daverules
    Sorry just feeling out of my depth with it, been reading so many things that it just fried my brains, well the ones I have left anyway
  9. daverules
    Hello all, is this acceptable as my defense? I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request I also noticed they have added their fee's to the claim taking it over 5K, is that allowed? Regards
  10. daverules
    Many thanks
  11. daverules
    Hello martin 2006, I was in the process of typing that after copying the wording from another post.
  12. daverules
    Name of the Claimant ? Hoist Portfolio Date of issue 13/5/ 16. Date Defence to be submitted 14/6/16 What is the claim for – the reason they have issued the claim? 1.This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no. The debt was legally assigned by OC to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA. 3.The Claimant claims 1. The sum of £ (less than 5k) 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the date to the date hereof xx days is the sum of £ (not a lot) 3. Daily interest at the rate of £ yy 4 . Costs What is the value of the claim? less than £5k Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had to leave work due to illness and disabilities What was the date of your last payment? Close to 6 Years Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I communicated my problems but due to being in and out of hospital for long periods of times I never chased it. Hello, not sure on correct wording for defence so if anyone can help with that than I would be most grateful. And for info: Prior to action I submitted a s78 request this was not fufilled no CCA was received I will post CPR 31.14 once received further advice Many thanks
  13. daverules
    Thank you Old Cogger
  14. daverules
    Morning all, well today I received a claim form from Northampton, Claimant Hoist and being dealt with by Howard Cohen. I respond via moneyclaim and defend based on no CCA as requested May last year. Regards
  15. daverules
    And is it as I have heard that you do not get paid for the first 7 days so therefore you are already down 7 days of money? Regards
  16. daverules
    Ahem, yes remarkable
  17. daverules
    "The first thing you should learn is the difference between ipnion and fact." Not sure if that's a put down or some advice but ether way I still maintain my right to an opinion and you your ipinion. Anyway it seems to becoming a tit for tat responses and and all I really want are answers to questions not the distraction it has become Regards to all
  18. daverules
    Hello It is your interpretation that your right and their interpretation that they are right. Now as a non legal person and someone who only learns by reading it detracts from the matter being discussed with the arguing and put downs. We all have our own opinions and I respect everyone's as they are entitled to their own. I will continue to read and learn. BA thank you for the clarification regarding my site,sites confusion. Regards to all
  19. daverules
    Hello sorry DB but I think you are wrong in this aspect, MM pointed out something I have been thinking for a long time, I never knew about any other sites until I came on here and it wasn't long before I was browsing that I found what is considered by certain members on CAG to be a dangerous and possibly costly site to visit in respect that the wrong legal interpretation and advice is used. Now going by the above I stated "site to visit in respect that the wrong legal interpretation and advice is is used" and having visited the non mentionable site I can see two different versions of law, which is correct I have only a basic idea but willing to read and learn, and I do so. let each site stick to their interpretation and just help the people that go to what ever site they choose, hopefully it will be the right one for them but this constant pick nicking and sniping will only drive people away. Long time lurker and learnt a lot and still learning. Regards
  20. daverules
    Hello, sorry for your loss. Is the parking fine yours or deceased partners? I understand that you want to make the payments but just because of the fact you setup a standing order this will not stop the Enforcement Agent attending as he can add further fees by doing so. Ignore the EA for now and don't let him in as as suggested move a car if you have one, phone the council on Monday and explain your circumstances and see if they can take it back or they can tell Rossendales to inform them that you are currently vulnerable and setup an affordable repayment plan. Regards
  21. daverules
    Hello all, back with an update. Received a letter from Howard Cohen that states the following: "Notice Pending Legal Action We have been requested by our client's agent, Robinson Way, to write to you regarding the above outstanding debt. Unless acceptable proposals for paying the amount you owe are received within 10 days of this letter, we are instructed to issue proceedings in the County Court with a view to obtaining a County Court Judgment against you. If we issue proceedings we shall ask the court for an order adding additional costs for legal fees, costs and interest to the amount you owe. Should the court grant these costs then the approximate amount you owe is as follows: Court Fees:£185.00 Costs:£80.00 Interest:£11.99 It goes on to mention that I need to contact Robinson Way to discuss payment." Still not received anything regarding my CCA request from April last year. Regards
  22. daverules
    So they are not happy that you didn't advise them.that you would be stopping payment. Sniff! As for the complaint not being upheld I wouldn't worry about it, the main thing is that they have confirmed they do not have the CCA and can not enforce it, I consider that a good result for the time being and now you just play the waiting game. Regards
  23. daverules
    Thank you dx yes indeed it had been defaulted in 2006 but CRA is not showing the debt but a letter from Cabot states that a payment of £20 had been made to the original creditor in 2012. A SAR has now been sent to the OC. Regards
  24. daverules
    Hello sorry to paste this question in this thread but it's only slightly off topic but it saves creating a new thread for a short answer. Regarding the CRA files, I know that a debt falls off after 6 years but is that only if there has been no payment, if a payment is made within the 6 years it restarts the clock but will it still fall of your record or be reset on the CRA for another 6 years. Regards
  25. daverules
    Hi just to check, an N244 goes to local court or Nothamton bulk center Regards

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