Just a quick update, Looks like they have thrown in the towel. I had a letter from court with one line: This case has been discontinued/written off. I will confirm this as I have had no copy of notice of discontinuation (no shock there) Thanks to all who offered advice

Hi Guys, Can someone tell me if I can claim this agreement does not contain all the Prescribed Terms?

Hello and thanks for reading. I have received a claim form from Bryan Carter for an old debt that is at least 11 years old. I have not made a payment or acknowledged this debt since 2002. About 6 months ago I sent the 'prove it' letter. a nd the sent me a huge print out that showed no payments ever made since 2002. They also sent the original agreement with Capital One. I then sent the SB letter and heard nothing else for a few months but the standard threat-o-gram letters started again last month which I just filed in the log burner. Now today I have received A County Court claim for 1693.94. Not bad for an original debt of just over £200 I really need some help here, how should I respond?

More like male Bovine excrement

Hi Caggers, I need some advice on statement of educational needs. Can I change the named school in my child's statement or will I need to ask for him to be re-assessed? It has been 9 months since his last review and 4 years since I actually named a school in his statement.

I hope the rattler is going to bite a ruddy big rat! This is an incredibly horrific story. The only way to teach em is hit them in the pocket, the only thing they understand. Please don't give up. At least one of the guests was me sorry. I didn't realise I wasn't logged in

I will certainly not be using these cowboys again. Interesting point is as soon as I threatened to go to ombudsman they folded like a house of cards

Mmm Not really sure what you are saying here. Delivery is next day as standard-there is no other choice. Ok the full story is I ordered a shirt it said next day delivery guaranteed. After 3 days I cancelled the order under the distance selling regulations as they had not yet dispatched it. so not only did they ignore my written request to cancel they then dispatched the item 2 days later, in total 5 days after it was ordered. Now it may seem trivial but why should I be done over by a big company just because they can't be bothered to comply with the law

yep I know about the return postage. My issue is there is a charge on the account saying 'next day delivery' I think this should be refunded as I cancelled under the DSR

Huh?? that is beyond words

Hi Caggers, Just a quick question. Can a mail order company ignore the provision of The Consumer Protection (Distance Selling) Regulations 2000 just because they have hidden in their T & C's that they can? I thought the right to a refund including delivery charges for goods was absolute

Thanks for the replies, SB it is then. @dx100uk, I would love to reclaim the PPI and hit them about illegal charges but I er kind of had a BBQ with the paperwork Can you guys have a look over the following draft and make sure everything is ok? Dear Lowlife Acc/Ref No I do not acknowledge any debt with your Company You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”. The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. I look forward to your reply. Yours faithfully

Hi Caggers, I could really use some advice please. This is a bit long winded but I don't want to leave anything out. I had a capital One CC back in 2001 with a balance of £250 outstanding. My newborn son was in Hospital for a few months and during this time I was obviously spending all my time in the hospital and not working. I tried to claim on the PPI insurance that I had with them and they told me that I wasn't covered so in a rage I told them to stick their card and sue me if they thought they were going to get another penny out of me. they defaulted me and added loads of charges (as they do). A few months later I decided that I had better try to sort it all out and contacted them and agreed monthly repayments. I made 1 payment of the agreed amount (£10) and the next month they took double the amount from my bank so I cancelled it. They were still adding monthly charges of more than I was paying s o I would have never paid it off. so I just stopped talking to them and burned all the paperwork I had. I realise how stupid that was now but I was pretty depressed at the time with a 6 month old baby in hospital in heart failure, no money and those snakes taking my petrol money so I couldn't travel to the hospital. Just to be clear this all happened between June 2001 and March 2002. I haven't spoken or written to them since and the debt has done the rounds through different DCA's until it's ended up with Lowlife with an outstanding balance of £1001.80 After finding this wonderful site I have slowly begun to build up the courage to deal with this. on the 5th December I had a pretty standard threat o gram from Hamptons Legal on behalf of Lowell which I decided to reply to with the bog standard prove it letter. Shockingly (ok it isnt a shock) Lowlife have ignored my prove it letter and sent another threat o gram saying they will be sent to Fredrickson blah blah. should I send another prove it letter or go for the SB letter? I am positive I never had a letter of assignment from lowlife or capital none Isn't that supposed to be hand delivered or sent registered? Also I am pretty sure they have nothing to back up their claim as they offered me 85% discount last year.

So I guess they are going to crawl back under their rock. Congrats on winning this round Brad Easy as 3.14159265358979323846

LOL The thought crossed my mind, I told them I did not accept their verbal assurances and that I required it in writing. So I will wait and see if mr postman brings me the promised letter or if I am gonna need to make some complaints about this shower

Just a quick update, One Call insurance have written off the charge and apologised for the 'misunderstanding' Thanks again for the advice:whoo:

Hi, Thanks for the replies. The DCA is Judgement Order Listings (Their in-house DCA?) and after a quick check no they didn't take the payment. Rughead

Hi, I need some advice please. I had a car insurance policy with OneCall insurance and during the policy I changed my car. OneCall asked for £50 to change the policy to my new car and I asked them to add this to the direct debit agreement I had with them which they agreed. A few months later they sent a 'final demand' for this £50 so I rang them and asked why they had sent this letter, after all, they should have collected this payment by Direct Debit as agreed. They apologised and said they would take the payment with the last direct debit payment due. On Saturday I had a letter from a DCA demanding payment and costs. Now today I have had another letter saying as I have not paid more charges and interest have been added and recorded on my credit file as a bad debt. So can somebody tell me if/ how I can dispute this debt. I didn't fail to pay, they failed to collect.

Hi I need a bit of advice please. I have had a letter today from the Safety Camera Unit saying: I refer to the Notice of Intended Prosecution served concerning the alleged offence details of which are outlined below and write to advise that the driver information form has not been received at this office. Details of the alleged offence are as follows:- Date of offence 08.12.2011 Time of offence 11.10.37 Vehicle involved (My vehicle reg) Location A48 Offence Exceeding 50mph Limit. Anyway My problem is firstly, this is the first I have heard of it I have not received a NIP. Secondly, My Husband had the car in work that day, it was parked outside his factory from 8.00 to 17.00. Soo. Do I argue that as they have not served a NIP in time I reject the request or get my O/H to argue that he was not the driver at the time? I could really do with some advice please.

Copy of letter sent to LA Thanks again for the great advice, I will post any reply I get. Dear Sir or Madam, My Son's Name D.O.B. XX.XX.XX Complaint that special education provision is not being made I am writing as the parent of the above child, who has a Statement of Special Educational needs and attends XXXXXXXXX Primary school. Under Part 3, the Statement specifies the special educational provision my child should receive and I understand that you have a legal duty to “arrange” this provision. I am sorry to have to inform you that you are in breach of this duty, on the grounds that the following provision is currently not being made:XXXX should have 30+ hours per week of 1:1 support but currently only receives 25 hours per week. It has also been brought to my attention that his 1:1 is hardly ever with him and is, in fact, a classroom assistant being funded by XXXXX's statement. Please reply to this letter as soon as possible, but in any event within 5 working days of receiving it, confirming the steps that you will take to ensure that the special educational provision specified in my child’s Statement will, in fact. be made. I would like the LEA to arrange an immediate review of the Statement. My reasons for making this request are: XXXXX's educational and emotional needs are not being met and, in the current situation, I feel XXXXX's safety is at risk I look forward to an early reply and trust that it will not be necessary to take this matter further. Yours sincerely, Just one question. If I request a JR, I intend to apply for an interim order on the grounds of this being an urgent matter affecting my son's health, education and safety. So does anybody know if I still need to send a Pre action Protocol letter or does the urgent nature of the case plus this letter excuse sending?

Thanks again. Loads of good advice there. I will let you know what happens:-)

Thanks for the answer Crazy Diamond, I need to know exactly what I can threaten them with. The LEA has a history of playing hardball. I am sure this is going to sound a familiar story but when my son started school he was given a note in lieu even though he met the criteria for a statement. So after loads of meetings and broken promises I eventually took the LEA to a tribunal where they chose not to contest the appeal but they still didn't issue a statement. I then referred it to the public services ombudsman who found in my favour but the LEA still didnt issue a statement. I then complained to the Welsh Windbags-sorry the welsh assembly who eventually forced them to issue a statement. They never did comply with the ombudsman's order of compensation. By this time I had had enough with my own health suffering and was just grateful for my son's statement so I let the rest drop. Anyhow, the point I am trying to make is that the LEA won't do a thing unless they absolutely have to so I need to know what the next step would be.

Hi I dont know if anybody can help but I need some good advice. My son is 8 and has a statement. My problem is that the school is not complying with his statement. In his statement he should have 30+ hours of 1:1 support every week. Well firstly the school is only employing someone for 25 hours a week and secondly they are using them as a classroom assistant not as a 1:1 with my son. I have complained to the school in writing- no result and I have tried contacting the LEA access and inclusion unit- totally ignored me. Oh and just to make it more problematic I live in Wales Please can someone tell me where to go next?