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johnnymitch

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Everything posted by johnnymitch

  1. Tha' sh a feeble kinda "hic" .. you can't be that bad with a feeble hic like that shaintly 1...lol!
  2. Rudy , it's up to the DCA who is asking for the money to produce the proof that you owe it ... otherwise why would you pay anyone who just happens along and says " you owe me £xxx " without producing paperwork to back it up .... they're trying to snow you .. don't let 'em ... You could write back and tell them that ..and tell them it's not your job to prove you owe this ... it's theirs ... so it's their job to get the paperwork (if any) from the previous dodgy DCA lol ! I'll bet you don't hear any more , unless they pass it on to someone else ... and it begins again ..
  3. Hotdog , I'm surprised that you haven't started small claims court proceedings before now ... you sent them a Letter Before Action ages ago ... and should have followed through if they didn't meet the deadline .... now , they probably think you're bluffing ... if you want them to cough up , you have two options IMHO ... 1. Contact them and tell them that unless they settle within 14 days at the terms agreed with FOS , the next they hear will be from the court ... or 2. Just start court proceedings .... they've already had their warning through the LBA ,... and are playing games ...
  4. would be lovely if I could make it ...but not sure ... will let you know behind
  5. Fine thanks , all the better for you asking .. trouble (lol)
  6. Hi Shara , welcome to the forum ... it looks as if your post has slipped through the net .. but here goes .. If you intend to defend in court , make sure that all you have told us here is included, with documentary evidence where possible .. in chronological order so that the judge can follow it easily ....judges like things simple that they can follow ... You could also write to the bank (recorded Delivery at least) telling them to give up on the phone calls or you will report them to Ofcom as a nuisance company (there is a letter in the Templates Library for this )... then, after giving them time to take this on board, if they persist ... log every call they make so that you can show the court what a sorry lot they are .... I wish you luck with your case and if you can please let us know how it progresses ... it will help others on here ... and of course , if you need further help ... you only have to ask ,... someone will answer ...
  7. I don't think your stay should be lifted without the court giving you the chance (and the time ) to either agree or contest this ..you could try ringing the court and asking for further details ... If they intend to lift your stay you need time to : a) adjust your POCs if necessary ... b) ask for further extension of the stay , on the grounds that some important cases are in process(the Scottish ones )the results of which could affect the outcome of your claim ... or c) give you time to come to a mutual agreement with the bank .. My son went for b) and has had his case stayed again ... hope this helps ... but as Caro says it depends on what the Court Orders say ...
  8. There's a lot of to-ing and fro-ing on this .... but basically i would agree that FOS is the best route for this sort of claim, not the courts , for the reasons stated by caro .... (and contador) ... A friend of mine was mis-sold a PPI (because he was self-employed) for a mortgage .. the PPI was negotiated through a Mortgage lender ... who is no longer in business ..... and FOS decreed that the bank who dealt with this (I think it was Santander) were responsible ... he got his money back recently .... I'd say it's worth a try with FOS before going the court route ... which may hold more pitfalls in law ...
  9. Hi Rudy , I wouldn't worry about the multitude of dodgy DCAs that HSBC use ... they're only out to bully and intimidate you ... Ask them to produce the paperwork which gives them the authority to collect the debt .. and a copy of the agreement that proves you owe it .. odds are they can't do either and you'll hear no more ... If you keep copies of the correspondence and they don't cough up what you're asking for no court is going to support them .. they know it and they won't go there ... As far as I know , Westcot are no better or worse than any of the rest of them ... I wouldn't let it worry you ....that's what they rely on ... fear ... ! Btw , looking at yor previous post .... they're not allowed to turn up on your doorstep without a court order ... which they won't get without you knowing about it in advance ... or by invitation , which you certainly won't be giving them i take it ... There is a letter somewhere in the templates which tells a DCA that they can't do this ... someone may be able to point you in the direction of it ... I've lost my way a bit in the new -style CAG forum
  10. I'm not too sure about the 6-year rule if the PPI premiums finished before that,but IMHO, If PPI continued beyond that date , the whole refund should be paid ... as it is a package ... if it is wrong after 2005 , it's wrong before in those cases ... Be interested to see hear what the PPI experts on here think ... I think FOS and FSA will have to keep close watch on them ... they'll try to wriggle out of as much as they can .. I also think it's a bit cynical of Lloyds ,, as it means their shares are down , therefore us (the shareholders) have to wait longer until the time is right to redeem the shares for the treasury .... i.e . US !
  11. You may have shot yourself in the foot panther 12 , but I would still ask them to produce a signed agreement where you offered to pay £24.52 per month ... or any other agreement for that matter .... I think they're chancing their arm ... but if you want to be rid of this , why not offer a reasonable amount ... (say 1/3 of the total ) and see what they come back with ... They may just accept , in which case you'll have saved the other 2/3 rds ..
  12. Hi golf 46 If your case is being dealt with by FOS , it may take them some time to come to a decision, given the apparent complexity of your situation . However, I would say that , if you have told FOS all that you have told us , and that you have given them documentation to back it up , you should have a good chance of getting a result ... Meanwhile , if you don't want the bank to contact you , except by letter , of course ... then write and tell them so , copying that letter to FOS for reference . Then if they persist you can send details of their unwanted communications to FOS too ,, it's all good ammunition for strengthening your case. Also , if the bank keep pestering you it means they're concerned .... keep 'em on tenterhooks ,, tell 'em you're sending every communication of theirs to FOS ... you probably won't get many more then .... above all . ,, try not to let them drive you nuts ... it's only a game to them ... they're doing it all the time ... if you let them get to you - they're happy ... don't let 'em get to you ....
  13. It may be that your friend still has a case then old chap ... I think it would be worth pursuing ... she could start by collating the amount she paid for PPI ... together with info on the reasons for refusing payment ... and hit her local bank with it first , letting them know that their failure to process it as a complaint would result in the Ombudsman being brought into it .. I'm sure if you go to the PPI forum , there will be advice flying about there now ...but these are my initial thoughts on it ...
  14. Hi CB ... this is excellent news ! however , as I've just posted on the main headlines site : Let's keep the pressure on ... don't give 'em an inch ....
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