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Richard Spud

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Richard Spud last won the day on April 28 2007

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  1. I believe you will find that a Student Loan of 1990 was a regulated agreement under the CCA 1974, as opposed to subsequent and more recent loans. Therefore I suggest a s.77 request for a copy of the executed agreement and a full statement might be helpful in the first instance. HTH Regards - Richard.
  2. See this: “Assignment of debt defeated by payment”. A judgment debt sold on is defeated. Also stay of bank charges case. http://www.wragge.com/analysis_4401.asp HTH - Richard
  3. Excellent link Elsa! If I receive even one sms giving me the contact details of anybody who has searched for me, I shall simply not reply then go ex-d as I will then know I am in the system. In any event, my family all have PAYG mobiles and as our children update we have their hand-me-downs, so the sims are registered with the original subsciber. Thank you - Richard.
  4. No problem BRW; well done for promulgating the case detail. The ratio of Mealing-McLeod is as below being the appropriate authority to cite I would suggest: Regards - Richard.
  5. It may assist if I refer you to the following case: Mealing-McLeod v The Common Professional Examination Board [2000] All ER (D) 436 HTH Regards - Richard
  6. “A company that buys distress assets is suddenly fashionable - everybody wants to be us,” said Burdell." Not me thank you very much! I thought it was just MPs who are out of touch with public opinion? It is apparent that the Burdells can afford the planned demolishing and building of their home by perusal of public information from the company reports of LINK FINANCIAL LIMITED and the ultimate owning company in Dublin (LCH EUROPEAN PORTFOLIO HOLDINGS LIMITED – of which MORGAN STANLEY STRATEGIC INVESTMENTS LIMITED is a shareholder). See attached company reports. It appears from Google photographs (see attached) that Mr Burdell and his wife live at the junction of The Boltons and their next-door cottage is in Gilston Road. The Sunday Times report of 3rd May 2009 was published on Selina Burdell’s 40th birthday as noted from the LINK Company report. HTH – Richard. Attached: SEE ALSO: LONDON EVENING STANDARD REPORT US banker joins the underground trend with £10m plan to rebuild his two homes | News PRESS RELEASE: LINK LAUNCHES THESIS TO ADMINISTER STUDENT LOANS AfterDawn.com: Press releases: LINK Financial Launches Thesis Servicing - a Brand Dedicated to Student Loan Servicing 4th WORLD FENCA CONGRESS IN NICE, FRANCE 2008 – SPONSORED BY LINK FENCA - Photo Gallery
  7. "Not really"? I concur with your assertion that the clock begins again upon admission during either the 6 or 12 year limitation period - as I stated previously. A concur JonCris; I did not suggest anything otherwise! Thank you for your comment MTAR. In conclusion; I apologise if my clumsy interjection caused any misunderstanding. Off course my opinion should not be relied upon. Nevertheless, simply put it is my understanding that under English law the basic premiss is that a simple contract is actionable up to a period of 6 years from the date of default or one of the parties cease performance or the admission of said default or cessation and a contact under seal is actionable up to 12 years. Hope this helps. Richard.
  8. I would just add that the 6 or 12 year periods can begin running again upon the admission of a debt by the debtor i.e. by offering to pay an instalment or, indeed, declining to pay an instalment due to not having the wherewithal. It is prudent to be very careful not to unwittingly admit a debt, particularly towards the end of the initial 6/12 year period as some creditors attempt this or even attribute phantom payments to accounts in order to claim a payment has been made and thus running the clock again. HTH – Richard
  9. Another OFT warning for a DCA – “Link Financial Limited”. http://www.oft.gov.uk/news/press/2009/58-09 Interestingly, while the OFT Requirement refers to debtor tracing, the reference at paragraph “3” to the allocation to reduce an alleged debt by the £1 fee for ss.77 /78 CCA 1974 requests goes someway to recognise that such payments for statutory requests are not only to be accepted as such, they should not be understood to be any admission of an alleged debt by the making of a payment and consequently, possibly, extending the statute barred period for a disputed debt or other alleged debt. As an aside; the recent practice brought to my attention of DCAs referring in correspondence to debtors as their “Customers” and providing statements of accounts without any payments showing as made is an insidious a practice as are the obnoxious parasitic DCAs. Finally in update of the sickening practices employed by some DCAs; the 62 year old widow of a deceased friend of mine of some 30 years practising as a colleague who sadly passed away in February this year informed me by telephone late one evening last week that two burly debt collectors (she described them as “Bouncer types”) called at her home demanding £42 for an alleged unpaid E-bay account in her husband’s name. Upon the presentation of her husband’s death certificate, the “Bouncers” asked her to give them £42 plus their collection fees of £220. They very kindly offered to drive her to an ATM to withdraw the funds from the bank account that receives her State Pension, Incapacity and Widows Benefit. Such nice individuals don’t you think? Needless to say; my friend’s window rather astutely referred the “Bouncers” (from an unidentified company) to the Executors of her late husband’s estate. Regards – Richard.
  10. Subbing, this may be of interest to the thread! So presumably CITI managed to produce and agree with the OFT a true copy of the credit card T&Cs? http://www.oft.gov.uk/news/press/2009/45-09 Regards - Richard
  11. So presumably CITI managed to produce and agree with the OFT a true copy of the credit card T&Cs? http://www.oft.gov.uk/news/press/2009/45-09 Regards - Richard
  12. I have edited Andrew Macinlay’s external links on Wikipedia to highlight his debt collection debate in the House on 22 April 2009. http://en.wikipedia.org/wiki/Andrew_MacKinlay “External links Andrew Mackinlay speaks out in the House about the debt collection industry being "rotten to the core". 22 April 2009”. Regards – Richard.
  13. I have edited Andrew Macinlay’s external links on Wikipedia to highlight his debt collection debate in the House on 22 April 2009. http://en.wikipedia.org/wiki/Andrew_MacKinlay “External links Andrew Mackinlay speaks out in the House about the debt collection industry being "rotten to the core". 22 April 2009”. Regards – Richard.
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