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

Aaronaustin

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Everything posted by Aaronaustin

  1. Aaronaustin
    Ok thanks I will write to them then
  2. Aaronaustin
    Thanks for your response, my concern with having any contact with TM is that by doing so they may say I am acknowledging the debt, being that it is SB. Is this a possibility. The reason in the first place for me not paying them was that I was originally furious that they had changed the terms and conditions of my phones insurance policy. Having paid the insurance for a year they were stating that if I were to claim they would send me a 2nd hand phone. Something that was not a part of the original agreement with them when I bought the phone and stated the contract. So I do not trust them at all.
  3. Aaronaustin
    Thanks ericsbrother, so do I send the SAR and complaint letter to TM or Experian?
  4. Aaronaustin
    Thanks for your reply, I was reading some similar stories and did see something about data protection. Is there a template I can use or are there any key things I should add when writing to experian. I notice this is also recorded on equifax and other credit reference agencies. Do I need to write to them all?
  5. Aaronaustin
    I wonder if anyone can help me. I have a t mobile current balance showing on my credit file from 1999. The amount is for £155 It is not showing as a default, only as a current balance. How can I get this removed as experian said that T Mobile must do it? Any advise would be greatly appreciated as this is giving me a poor credit score. I have not been in contact with them since 1999 and have made no payments at all.
  6. Aaronaustin
    Ok thanks
  7. Aaronaustin
    Must of been done online yes I guess I'll have to pay them
  8. Aaronaustin
    It just says my name in capitals it's not a signature as such just in the signature box
  9. Aaronaustin
    All that says in the bottom corner is , please turn over and the pages are double sided numbered 1,2 and 3 definitely no version or # number I've have looked over thoroughly .
  10. Aaronaustin
    This is all they sent the first page is the statement then the following pages which are numbered as page 1 and 2 I can't see any # or version number ?? There is nothing missing from the uploaded scan the entire pages are there I can see no version number or #
  11. Aaronaustin
    The first page is the letter they sent with it . And the following pages are the credit agreement . They are numbered as page numbers . I cannot see any # only a number next to the capital one logo. I have scanned the pages completely there is nothing missing The only date is next to the signatures which are typed , they are 4/2/2010
  12. Aaronaustin
    I had to do this on my phone so I hope it's ok CCA return.pdf
  13. Aaronaustin
    I received this letter today and a copy of the credit agreement
  14. Aaronaustin
    Ok thanksAndy I will get everything ready and post on here , if you can check it for me I really appreciate it . Then I will post last minute , I think the deadline is 2 weeks before the 28 the of August
  15. Aaronaustin
    Is this ok ? I have my paper work in order and numbered just need to list them for the disclosure
  16. Aaronaustin
    In the Dartford*county court Claim No.* BETWEEN: Cabot financial (UK) Ltd Claimant - and – Defendant Xxxxxxx _________________________ ________ WITNESS STATEMENT OF xxxxxxxx _________________________ ________ I xxxxxxxxxx*being the Defendant in this case will state as follows; 1. I make this Witness Statement in support of my defense in the claim. 2. This claim is for a running credit agreement regulated under the consumer credit Act 1974. I believe the account was opened in*2010 according to the letter sent by the claimants solicitors dated 24th Feb 2016 ; however I do not recall signing any credit agreement at that time and do not hold a copy of the agreement or terms of that agreement. The original account was opened with a company called Capital one. 3. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at. 4. On*26/02/2016 I made a written request to the Claimants for a true copy of the credit agreement under s.78(1) of the Consumer Credit Act 1974. I enclosed payment of £1. 5. Consumer Credit Act s.78(1) states Duty to give information to debtor under running-account credit agreement. 6. The Claimant has failed to comply with s.78(1) of the Consumer Credit Act 1974 and by virtue of s.78(6) Consumer Credit Act 1974 cannot enforce the agreement. 7. On*26th Feb 2016,*in order to obtain more information about the claim, I made a written CPR request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case* 8. On*1st March 2016, a letter was received from Wright Hassall in response to my CPR request**stating it would take 6-8 weeks to produce these documents as they did not have them ,but I am still not in receipt of the documents I requested. 9. The Claimant has mentioned the Credit Agreement, the Default Notice and the Assignment in its Statement of Case and yet it has provided none of these documents. The Claimant has not complied with my formal request for the Credit Agreement under s.78(1) and therefore is unable to enforce the debt at this time. Statement of Truth I, Xxxxxxxx the Defendant, believe the facts stated within this Witness Statement to be true. Signed: _________________________ _______ Dated
  17. Aaronaustin
    I'm having a read through one other threads to familiarise myself with the witness statement ,I'm going to get that typed out today. Just still got to read up on the disclosure part. Bit confused as to what that should include
  18. Aaronaustin
    The directions set out by the judge just say about each party must deliver to the other party and the court all documents on which that party intends to rely at the hearing , the rest is about witness statements . That's why I asked the question I did before this .
  19. Aaronaustin
    Yes it's a notice of allocation to the small claims track . It gives a time , date, place And the name of the judge . It says the claimant must pay £80 for the hearing fee . Which they have done , so what happens next ?
  20. Aaronaustin
    Does the claimant have to send me the agreement or notice of assignment 2 weeks before the hearing or not ?
  21. Aaronaustin
    I have received a letter from the county court with a court date on 28th august , but I have still not received any paperwork from Cabot .
  22. Aaronaustin
    What would he need to that DX?
  23. Aaronaustin
    I would like to ask the question and may need to start a new thread a friend of mine got charged a lot of unfair bank charges back from 1996 - 2004 . is it worth him pursuring it ? I feel for him and recommended your good selves
  24. Aaronaustin
    Revised it sorry
  25. Aaronaustin
    They say the last payment was made on 28/03/2010 does this mean it is statute barred or does it go by the date they sent mee the claim form ?

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