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gjindancer

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  1. gjindancer
    Well, I managed to get £500 knocked off the charges. However my initial letters contained some FOTL stuff from [removed] and the judge was not impressed with that. He agreed Restons could have been more forthwith with presenting the requested information, however he thought my original letters were overly aggressive (Templates from FOTL site) and asked me "how were restons supposed to respond to these" I said "they could have provided me at least some of the information I requested" They claimed I received the CCA in July and didn't react until much later - this was not the case and it was late september I got hold of it - but this probably swayed the judge to keep 2/3 of the costs upheld. I think its a good lesson learned to steer clear of the "x of the family z" crap and probably anything off that site. There was no way the CCA would have been seen as unenforceable with the history of payments I had made. My credit rating is shot anyhow and I don't do credit any more at all so I'm not too bothered about the CCJ. I'll be clawing back charges from MBNA soon.
  2. gjindancer
    Hi Andy, No - their tomlin agreement - sent 2 days before the court date - INCLUDED all legal costs onto the balance. INCLUDING - a court appearance So I would have paid for their court appearance even If I had just signed the Tomlin and settled out of court. Its a cheeky move by Restons - just assuming I'd roll over and pay whatever they could add. Also - if this goes to court they are pushing to have the tomlin sealed - so I really have nothing to lose. It's under 10k and a small claim so charges should not be made anyhow. Dan
  3. gjindancer
    Well I'm off to court tomorrow so wish me luck I spoke briefly to a Solicitor and as the Tomlin was so late, Ive been told it's certainly worth facing a Judge to see if I can get the fees knocked off rather than roll over and pay Restons what they want. Its a small claim under 10k so no legal fees should be charged Restons have been unreasonable in complying to my requests and are partly responsible for causing the break in my payments and causing their own court costs Arrow global have breached my payment agreements and are jointly responsible with Restons. The solicitor believes I've a good chance if I catch a Judge in a good mood. I'm not going to challenge the enforceability of the CCA, but I will mention about the COBS breach. Thanks everyone for your help and I'll let you know the outcome asap. Dan
  4. gjindancer
    I've looked at clause 14 and it refers to 1.8 - which talks of alterations in interest. Unfortunately the quality of their photocopying / my scans is probably at issue here. Looking through the Carey Agreement - the interest rates appear to have been on the back or another section of the form. I can't find any specific requirement the CCA fails under. I do however think the years of payments I made, combined with the fact they suddenly stopped this is the strongest issue I have and I'd hope that I could at least drop the costs if I cant get the debt written off. dx100uk - did you mean you want me to upload all the images as 1 word document? dx100uk - I'll try and go through what I can but at this late stage I don't have a lot of time - I am however having a quick chat with a local solicitor. Thanks Dan
  5. gjindancer
    Ive not accepted the tomlin yet. if I dont ill be in court on the 5th. Have to go to bed now but will be back tomorrow
  6. gjindancer
    Some carey vs hsbc seems to be pro creditor? Looking at the search results im not sure what should be in my favour apart from the terms and conditions inconsistency.
  7. gjindancer
    [ATTACH=CONFIG]54047[/ATTACH][ATTACH=CONFIG]54048[/ATTACH] Here are the first two - I'm off to bed soon as I'll be up with the bairn at 5am but I'll be back early tomorrow - I appreciate your replies. Dan
  8. gjindancer
    Two pages to come..
  9. gjindancer
    [ATTACH=CONFIG]54044[/ATTACH][ATTACH=CONFIG]54045[/ATTACH][ATTACH=CONFIG]54046[/ATTACH] Hopefully These are bigger
  10. gjindancer
    Not a small claim I think as the debt remaining was £6020. I'm going to do my witness statement very soon The CCA was from 2002 I've attached it with T&C's
  11. gjindancer
    Hi, The original debt was with MBNA, I don't think it's worth posting the CCA agreement - it's a photocopy but I don't think it is reconstituted and I'm not really trying to dispute the debt. My issue is with the sudden break in accepting my monthly payments, the very confusing number of DCA's after the money that followed and finally Restons demanding full payment and refusing to send the CCA until the final hour. I think the court costs in this are unreasonable as this could have been resolved amicably - especially when they are now apparently accepting the £50 per month - with an extra £1500 added on of course. I do intend to make a claim regarding any charges / PPI on the debt to claw back costs - but I assume this action would be a separate battle?
  12. gjindancer
    After a default I was paying £50 (what I could afford) to AG for several years - last year, out of the blue - the payment was stopped and I started getting nuisance calls from a number of DCA's, and then eventually a letter from Wescot, then a letter from Restons demanding the sum in full. I did the whole CCA request and I just got rude letters from Restons back saying it was all non-legal rubbish they didn't have to reply to. Finally I got a N244 court order back in march - I submitted my defence (no cca supplied) and the case was stayed. I heard nothing for months until finally, out of the blue in September, Restons were applying for a Lift of Stay, Summary Judgement and to strike out my defence. Their legal fees were itemised on the N244 and came to £516 - annoying and I'd prefer not to pay for their trouble making - but not OTT either I responded requesting the CCA again and later in the month they finally provided a photocopy of the CCA. My problem all the while was ensuring I was paying the debt back to the correct DCA as I had requests for the money from multiple DCA's With this in mind I wrote requesting to come to an out of court agreement and pay a monthly sum of £50 - which they seem to have agreed to on a Tomlin Order. However their fees now come to £1500 and of course are added to the original debt. This includes a court appearance fee of £450 - which is rich considering we would not be going to court if the agreement is signed. Although with a few days to go it seems easier to roll over and pay the fees - I feel uneasy about doing so. From what I can see a tomlin order is just an agreement staying the court case - which means they would be at a liberty to start court proceedings and ad an extra grand or so into the mix on a yearly basis. I'm considering getting legal advice but I'd appreciate any help from the community. - Can extra fees be added after the fees stated on a N244? - if I go to court now I don't feel I have much to lose as it looks like I'm paying for their appearance in any case. Thanks Dan
  13. gjindancer
    Well good news as it happens. Without any argument the fitter came back and adjusted everything, so everyone is happy and I can get back on with my life Thanks slick132 and rebel11 for replying!
  14. gjindancer
    Just had a new kitchen installed. All paid up from wife's account. I work from home so was the only one there when the fitter finished. Tradesman had been friendly and efficient, but was eager for me to sign off which I did, only later to read in small print I had up to 14 days to sign. TBH on the whole the fit was looking good on the surface of things and everything worked. Wife comes home, after closer inspection not happy about a few things and annoyed I had signed. So a few questions.. Even though I signed, surely a cooling off period should still apply as I shoul of at least had an evening to check and test the kitchen? My wife has yet to transfer the money to pay the fitter. Also, due to inheritance details - the house and mortgage are solely in my wife's name. The purchase of the kitchen has come only from my wife's account, so in reality the kitchen is not technically mine to sign off. So would my signature be invalid in the first place? Thanks D
  15. gjindancer
    They are ruthless, we can see what they are doing to the economy, so one random person means nothing to them. Thats why I intend to be as ruthless claiming everything back As far as I am aware I had no correspondance informing me of the restart in interest. Because I knew Barclaycard were still the creditors It was always a niggle in the back of my mind. In 2010 I got married and I was not as on top of things as I usually may have been - but at the same time it became harder to communicate with barclaycard as they had transferred their call center overseas. I did call them Jan/Feb 2010 about the interest as soon as I knew they were adding it (probably after the first month). After a few phonecalls and passing of bucks - I got through to a senior manager on what sounded like a bad connection to somewhere in India. I was told the interest would be stopped. It didn't stop and I was probably too busy with the wedding planning to notice till late on in the year. I called again in September, and this time no one at Barclaycard was helping. I just kept paying the same monthly payment, and for a little while might have been uncertain how to proceed. The only way seemed to be to default - and its taken almost a year to do so - another year of interest I do wonder if I have a case against them for this, but I suppose its not one as well covered in the CAG?

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