Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

orfoster

Registered Users

Change your profile picture
 View Profile  See their activity

  • Posts

    1,772

  • Joined

  • Last visited

  • Days Won

    1

 Content Type 

Everything posted by orfoster

  1. orfoster
    Ok I've heard back from the Ombudsman re Wonga & MEM - both not upheld. What I'd quite like to look at now is what options there are for legal recourse, it would seem the The Consumer Credit (Advertisements) Regulations 2010 aren't of any help in this situation. What other case law or legislation could be relevant? Something to do with making a misleading statement that led someone to enter into a contract........
  2. orfoster
    I've emailed Mr Chan and had a very prompt and positive response. Look up ceoemail.com. Remember most of these companies have Executive Complaints Departments that actually do look at your complaint and respond. I reported errors with credit file. They gave me £100 and dealt with the issue. I didn't ask for any compensation!
  3. orfoster
    Thanks everyone. Citizen, ohhhh how do I do that? Sorry I mean procedurally. What are your thoughts on a response? Its the same case officer but I'm not reading too much into it and certainly not calling.
  4. orfoster
    Its so funny though, in their covering letters they keep on encouraging me to call them if I have any questions.....I think its them that must have questions, they've entirely misunderstood my claim! Funnily enough they haven't made that offer on any of my Credit Card claim letters, only relating to this claim is an "offer to discuss the matter".
  5. orfoster
    Thank you, its ok I don't mind the stress. I do hearings in my day job (just not about me which is obviously very different). See here their witness statement. It confuses me entirely because not once have I mentioned UTCCRs......what do you all make of it?
  6. orfoster
    Hello, hearing is 28th. I have another hearing re CC charges on 24th and bundle went off for that last week. No strike out application I didn't progress because they were in time with court.
  7. orfoster
    Thank you. All submitted. We shall await the hearing....
  8. orfoster
    Thank you Andy Does anyone know where the judgement is for Kpohraror v Woolwich Building Society [1996] 4 All ER 119 I can't find it anywhere!
  9. orfoster
    Thanks. Yeah that's what I've included basically. I didn't find out if I could do double sided. In fairness it could be around 330ish but the DPA alone is 130 pages. Does the witness statement make sense?
  10. orfoster
    Thank you
  11. orfoster
    Sorry it's a bit tight. I wouldn't usually be this last minute but having a few health issues. At hospital having chemo at the moment and for some reason can't work out how to PM via mobile. I haven't done much link into cases etc, I'd focused on background up until now and ICO complaint.
  12. orfoster
    Is it that bad? I haven't finished it yet there are bits that don't flow but I hope I'm on the right track.....
  13. orfoster
    No I'd be sending it tomorrow afternoon.
  14. orfoster
    Hello everyone, Ok here is my stab at my witness statement, I have tonight and all day tomorrow to get this finished (it isn't completely finished) but please tell me if there is anything glaring missing. I also have a load of documents already printed and indexed about 450 pages All correspondence all indexed and referenced Statements ICO Clarification email on when a default marker should be placed (account fell into difficulty June 2008). ICO Outcome letter ICO Complaint form and supporting evidence ICO Letter to LLoyds TSB Lloyds letter to ICO saying they've done nothing wrong ICO letter to Lloyds saying its unlikely they've complied with DPA. Lending Code BCOBS Consumer Credit Default Regulations 1983 Woodchester v Swayne Judgment OFT v Abbey and others ICO DPA Technical Guidance on Defaults Data Protection Act 1998 Steering Committee - Principles of reporting arrears/defaults N1 Claim Form [ATTACH=CONFIG]49164[/ATTACH]
  15. orfoster
    Hello both, Sorry I've been silent, been really poorly but have printed off the most of the things I think I need. Re the OFT unfairness stuff, there don't appear to be any favourable cases re unfair relationship? So it would seem that one is a bit of a red herring. Do we know when Durkin judgement is due? I also have an e-mail specifically outlining further to the ICO letter why the ICO hold that Lloyds unlawfully processed my data. They backdated the default date obviously now. I also have the correspondence between Lloyds and ICO. Lloyds in their defence have almost threatened they'll use this in court which is fine, I'll be using it as it isn't in their favour.......
  16. orfoster
    Aye, why I couldn't find them I don't know, although I think I found the wrong date....do you know of any more recent default cases? I'm pulling together everything relevant I can find but if anyone knows of any other relevance case law please let me know...
  17. orfoster
    Why can't I find these regulations (Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993) when I look on Legislation website? They're referenced within Woodchester case. Does anyone have any other default removal case law that might be useful? Re inaccuracy of defaults. Cheers O
  18. orfoster
    Okey dokey. Onwards with my reading. Thanks
  19. orfoster
    Thanks Ford for all of your help. Silly question maybe....in Court bundle would court accept double sided? Before I wind up the printer. When I spoke to the Court last Monday they told me it would be automatically struck out, they told me that again when I called on Tuesday as well and told me no fee required. TBH I don't think the judge will go for it but I will call them and see what they think though. Will get reading. Anything else you think that would be useful please send it my way. Cheers
  20. orfoster
    Sorry no I didn't do the fee, I put the N244 through the door after hours and called them the next day to pay fee over the phone but was told I didn't need to, the courts letter admits they got it wrong but never mind. I don't believe the judge would have supported me anyway. Ok so I need to find some case law around BCOBs and DPA (incorrect date for default) etc if there are any. They also quote the supreme court case although I haven't mentioned at all the UTCCR issue around fairness but they believe that because of that case despite BCOBs charges cannot be regarded as unfair which I think is interesting. I should probably post up their defence alongside my POC's.
  21. orfoster
    I raised a complaint re the DPA non-compliance with the CEO of Lloyds Banking Group - I had a response from their Executive Office saying they were sorry they couldn't agree with my complaint that they have breached the DPA. They say they complied with the initial sar only 14 days late.....this despite the fact that specific information I requested in my letter of 6 May 2013 has TO DATE still not been provided. They have given me £250 compensation. Apparently they are trying to provide the data I requested and told me they would make this a priority (17 December), this information is quite crucial to my complaint about them. I need to fully research taking a claim against them with a bid to getting an order for them to comply. I can't believe that they have received all of my letters asking for this since May in June, July, September, October, November and December but they still haven't provided the information. Surely a court would side with me if I brought a claim on the basis that they have failed to comply?
  22. orfoster
    Hello everyone, I thought I'd share my success story around getting a default removed from the GF's credit file. BT firstly had no records of any bills or any correspondence and according to them routinely delete this information after 18 months of the account being closed. Essentially they put the default on 1 month after the account was terminated and they transferred the debt to a DMP. I quoted to the ICO Technical Guidance about adding a default in the first 3 months, their customer services didn't uphold the complaint and actually entirely ignored the issue. Complained to the CEO by email and got a response from Executive Office advising that due to them not having the records anymore they would remove the default marker in full and mark the account as settled. This was all done a few weeks ago. It is worth pursuing things, go to the top. Google CEO E-mail finder to search for free for CEO email addresses.
  23. orfoster
    Congratulations!!! I have my hearing coming up on 27 Feb so am waiting to see what happens.
  24. orfoster
    Its been a weird week. After making my posts on here I received another letter from SCM saying "We've already served our amended defence on the court and had already sent this to you on 20th" the letter was dated 21st....given they weren't aware I'd been considering a strike out etc I'm not sure why they'd send me a 2nd letter with the defence in it....I wonder if some prying eyes on my thread prompted this. Anyway, despite calling the court to check on a number of occasions and them telling me that no fee was to be paid for a judgement application I've now had a letter from the court telling me they got it wrong and I'd have to pay a fee if I want it to go through. I think Angel you are correct in that I'm sure the judge would simply allow it through anyway. Hearing is on 27 Feb so I'd better get preparing my bundle....what sorts of things should I include?
  25. orfoster
    Yeah I mentioned non-complaince. I said that it was sent on X date received on X date and non-compliance. What I haven't done is say that the defence was served on me put of time because it was dated 20th and by their method of service it wouldn't have been possible to have complied in time.

Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...