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itsamomentintime

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Everything posted by itsamomentintime

  1. hello i attended a County Court hearing regarding a claim made against me by a well-known DCA. everything they had seemed watertight and the judge awarded against me. since then however i have noticed that the default notice has a spelling mistake in the wording that has to be mentioned on the default notice, as per the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983: i am wondering that, as the above Act is very clear on what a DN must say, in making a spelling mistake (and therefore not quoting the correct wording) is the DN invalid? regards itsamomentintime
  2. hello all VM have phoned me and - surprise surprise - they are not in breach of contract is there any legislation that anyone can point me to that i could use, or should i go to ofcom/otelo?
  3. thanks to you both i have emailled them stating i wish to cancel the contract but so far have not had a reply. i will however send a letter along the lines of buzbys respose thanks again
  4. hello all I have a VM contract phone, with a monthly 1GB data allowance. It seems however that this allowance is not added to my account every month, resulting in me running up huge charges, which in turn breaches my monthly credit limit, resulting in the phone being barred. This has happened at least 3 times. I have to contact VM every month who add the data allowance, lift the bar and reduce the bill. I have however had enough and want to cancel the contract. I believe they are in breach of contract by barring my account every month. Can anyone offer any reasons in contract law that would allow me to cancel whilst still in contract? regards
  5. hello please try not to worry, its just scare mongering you need to report the companies involved to your local trading standards, they will soon shut up then
  6. some things are worth swallowing my pride for
  7. lose your house? never in a million years this is just more garbage to ignore - if they could do anything legally they would just do it rather than warn you. if you wish to reply, advise them that you will be complaining to trading standards about their bullying tactics tell your wife that you will not lose your home. the worst that could ever happen is that they could get a charging order, which means that they will get their money if you ever sold your house. HOWEVER they would firstly need to take you to court and get a CCJ, then they would have to show to the court just why they should be awarded a charging order. they will not be able to win in court or get a CCJ with an unexecuted application form, see Wilson vs First County Trust for more info on this Wilson & Ors v. Secretary of State for Trade and Industry [2003] UKHL 40 (10 July 2003)
  8. let them do the legwork, its not your problem
  9. i recieved court papers at my address in the name of a previous tenant - i have not opened these as thats against the law. i then received further papers from Northampton CC which i assume is default judgement for the claimant due to non-defence. question is, if say bailiffs turn up, what can i do to prove i am not the debtor?
  10. Paul I didnt think i could be more disgusted at RBS's tactics, but as more and more router accounts are posted on here, i am starting to think that this is bigger than i could have imagined exposure - lots of it - is needed whats the next step?
  11. dont panic - iQor have no powers over you at all you have put the debt in dispute, regardless of what they send you
  12. send a CCA request to triton to see if they can legally collect this alleged debt, and post here what they send you, minus personal details
  13. nat west operate a basic account for those with poor credit history - also includes a debit card
  14. you need to find out if indeed they have a warrant from the magistrates court
  15. loving every minute Paul, every minute!!
  16. it seemed the judge had it in for me - i quoted the case law i would be using but he was not interested, saying i have had months to change my defence. however i was only told today that the cca didnt exist, so how could i amend?
  17. hi all i was in court today, and just before the hearing, the claimants solicitor told me that his client does not have the original CCA, just an illegible copy. i advised this to the judge and asked if i could amend my defence to include case law regarding the implications of this. the judge declined, and found in favour of the claimant. clearly he has no knowledge of consumer law and i need to get this set aside. any thoughts on how i should word an appeal?
  18. smacks of desperation to me - seems some DCAS will try to collect on anything these days wonder if CAG had anything to do with that
  19. moorcroft are laughable dont be scared by them - they wont take you to court because they cannot win without a valid CCA
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