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Mr Silver

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  1. Hello vengeancedemon. Fascinating thread and compelling reading. I'm also dealing with Crap1 (see my thread Mr Silver v Crap1). Some thoughts: based on my case and I assume your case? 1. Part of the alleged Crap1 credit card debt is or would be made up, I assume, of unfair/ penalty charges? 2. If so, and you want to have the Default Notice removed from your Credit File (like I do) then I believe that by virtue that the Crap1 alleged debt is made up of unfair/penalty charges which are unlawful under the CCA 2006 Unfair Terms and Conditions amendment. 3. That makes any Default Notice unlawful too? Correct me if I am wrong? 4. Thus when Crap1 state in their letter to you that you 'consented' under the Crap1 agreement for them to pass or share financial credit information about you (and me and others) re 'debts' and 'defaults' to Credit Reference Agencies under the Date Protection Act (section 78); they can only do that if - a BIG if in this and many other cases - the 'alleged debt' (outstanding sum/amount) is ACCURATE. 5. Clearly where part of the alleged debt is made up of UNFAIR / penalty which have been declared UNLAWFUL, the alleged Crap1 debt is therefore INACCURATE and as such must NOT be passed on or shared with Credit Reference Agencies since that would be a breach of section 78 of the DPA! 6. Therefore you should be able to request via the County Court that Crap1 and Lowell desist from processing false and INACCURATE information and demand too that the CRAs remove the INACCURATE default notice from your credit file and also seek damages for injury to your creditworthiness. I intend to simply write a letter giving Crap1 14 days to pay me compensation otherwise County Court action for defamation! Also requesting that they IMMEDIATELY stop processing my information under the DPA or face the consequences with a major damages claim in the Court Court. Hope that information (if correct) is helpful. P.S. I should also add that part of my claim is also for reclaiming UNFAIR credit card charges and a separate DISPUTE claim re: disputed unauthorised transactions.
  2. Disputed estimated gas bill. Harassment from DCAs. To sue or not to sue? Advice please. Thanks.
  3. Background: An old Abbey / MBNA alleged credit card debt made up of a large number of penalty / unfair charges over several years. Link Financial bought the alleged debt and issued a so-called Default Notice and took County Court action and later I received CCJ. I paid the alleged debt 2 years ago but now want to sue both the Original Creditor MBNA and Link for defamation, fraud (demanding money for an inaccurate debt which included unlawful credit card charges) and causing distress and injury to credit 'worthiness' in passing on inaccurate financial information (the alleged debt) to CRAs, DCAs and the County Court and Registry Trust! Also breach of the Data Protection Act (DPA). Now planning issuing a SAR under the DPA and a letter requesting compensation for the damages done by the credit card companies/DCAa and CRAs! All advice and legal suggestions considered including prosecuting the directors of the credit card company for fraud? And conspiracy? The selling on and assigning of an alleged debt while knowing that the alleged debt is made up of a large part of unfair/penalty credit card charges which are unlawful! Knowingly causing distress and injury to credit worthiness in taking County Court action. Defamation: processing and passing on the above information to third parties including CRAs and DCAs. Any thoughts? Thanks.
  4. Good morning fellow Caggers. I’ve been following this thread with fascination over night! Compelling reading! But I am now somewhat confused on my next course of action in relation to re-claiming past unfair credit card charges and specifically the number of years that I can claim for in the past? Now, it was my previous understanding that you could only reclaim unfair credit card charges for up to 6 years from the date of claim? Or rather you could only request a breakdown of charges from a bank / credit card company for a maximum 6 year period in the past using SAR under the DPA route? But is there another route that gives you more years? Like fraud by the bank (see below)? The limitation period regarding a new decision in consumer law is from 2006 – the update to the CCA unfair credit card charges gives a claimant up to the year 2012 to commence legal court action? However when my credit card company- bank took me to Court and issued a CCJ in 2007 for the alleged credit card debt which included several hundred £ pounds in unfair charges they were not only acting unlawfully in demanding unfair (penalty) charges, they were also committing an act of fraud by virtue of the credit card bank knowing that the previous charges from pre-2006 were now in fact unlawful and unfair yet demanded and got (when I paid) those unlawful charges! They surely can’t plead ignorance?? Therefore, based on Kleinwort Benson case and decision cited above, can I claim for ALL the unfair and unlawful charges back to the year 1995 under the CCA? Moreover, can I prosecute the Directors of the credit card Bank for fraud too? As well as damages, distress, and subsequent injury to ‘credit worthiness’ and defamation / libel in processing and passing inaccurate debt information to third parties e.g. Credit References Agencies and DCAs and the County Court and the Registry Trust. Also breach of the Data Protection Act. European Consumer Law: having briefly looked at the two ECJ judgements on EU Consumer law, cited above, surely even the Supreme Court OFT v Banks Test case judgement is should have be null and void since the Supreme Court should by its ‘own motion’ look at unfair terms in national Consumer cases and follow the EU consumer law and case law of the ECJ? Am I missing something? Any thoughts and advice? Thanks.
  5. cbbc and other CAGgers who have been to an ATOS ESA assessment. I recently received an e-mail from a Disabilty Benefits group with a contact name/ tel and e-mail address for a BBC journalist who is making a TV doc for the BBC about ATOS and their DWP assessments for ESA. If you want the details I'll post them on this thread if the Site CAG Site team OK it? Mr Silver
  6. cbbc - if you failed the DWP ATOS quack assessment, don't worry! Their entire rationale is based on speed and output; check out the approved quack on the GMC site to verify whether they are registered! Also make sure you get a copy (unless you made a copy already) of the booklet questionnaire that you filled in before your assessment. Compare that with the assessment score and computer / robotic answers given by ATOS. You can also request that your Appeal is heard at home (I believe). Did you ask for a REVIEW? before the APPEAL? Good luck!
  7. Thanks for that Pinky69 I hope Crap1 fail to turn up at court! I'll send them a SAR as well to get proceeedings under way and follow that with an out of court settlement offer! Regarding the Debt Collection Agency that sent me letters on behalf pf Crap1. Do you think Crap1 sold the alleged debt to them? I haven't heard from the DCA for over a year now! And I haven't had any direct contact with Crap1 since late 2007! No news is good news, I suppose? Cheers!
  8. Hello AA99 I'm about to take action against Crap1 credit card robotic co. Any tips? By the way: I have started a thread entitled 'Mr Silver v Crap1' if you want to look at my action plan against Crap1! Cheers! Mr Silver
  9. Hello Pinky69 Thanks for the information. Surely though if they trade in the UK they have legal reps that appear in Court if consumers take legal County Court action against them? I should add that about a year ago I received a few (5 or 6) letters from a Debt Collection Agency (DCA) working on behalf of Crap1 Credit Card. Of course I ignored the letters from the DCA! Template letters seem to be the order of the day like robotic staff in the banks! I think I'll just send a letter to settle out of court within 14 days. If a template reply or no proper response then follow up with a Letter before legal action and another 7 days! Oh, by the way: do they reply to SARs? If NOT? then I'll send a SAR first or at the same time - should confuse them! Cheers!
  10. I’m about to start action against Crap1 credit card. This is my legal action plan (comments welcome). My defence-attack strategy / plan will be :- 1. I do NOT acknowledge the ALLEGED debt. I am in dispute over unauthorised transactions (disputed a few years ago and still not resolved!) 2. Plus the alleged debt includes penalty charges / unfair charges dating back up to 6 years. 3. Defamation/libel. Each time Crap1 process my alleged debt and report a default to Credit Reference Agencies (CRAs) they are defaming me and injuring my ‘credit worthiness’ with other creditors who look at my Credit File. Thus an injury to credit. 4. They are using inaccurate information by virtue of the penalty / unfair charges yet to be reimbursed / reclaimed. 5. Crap1 are aware that the alleged debt includes penalty / unfair charges and is thus harassing me for an inaccurate alleged debt (if any) which amounts to a libel/defamation each time they pass that inaccurate information onto third party DCAs and CRAs. 6. Crap1 are also in breach of Data Protection Act and so too are the Credit Reference Agencies (CRAs) for processing the Crap1 inaccurate alleged debt default information. I should say that I’m not yet doing a SAR yet because I want to try the defamation attack first! Offer to settle out of court in say 14 days. Quantum Damages / compensation claim for about £4,999. Get them on the run / back foot and then hit them with the SAR and CCA. Any suggestions / comments welcome. Cheers!
  11. Hello flooz and fellow CAGgers. flooz don’t give up the battle! You’ll win in the end! I’ve been following your thread with great interest. I’m about to start action against Crap1 myself. This is my legal action plan (comments welcome). My defence-attack strategy / plan will be 1. I do NOT acknowledge the ALLEGED debt. I am in dispute over unauthorised transactions (disputed a few years ago and still not resolved!) 2. Plus the alleged debt includes penalty charges / unfair charges dating back 6 years. 3. Defamation/libel. Each time Crap1 process my alleged debt and report a default to Credit Reference Agencies (CRAs) they are defaming me and injuring my ‘credit worthiness’ with other creditors who look at my Credit File. Thus an injury to credit. 4. They are using inaccurate information by virtue of the penalty / unfair charges yet to be reimbursed / reclaimed. 5. Crap1 are aware that the alleged debt includes penalty / unfair charges and is thus harassing me for an inaccurate alleged debt (if any) which amounts to a libel/defamation each time they pass that inaccurate information onto third party DCAs and CRAs. 6. Crap1 are also in breach of Data Protection Act and so too are the Credit Reference Agencies (CRAs) for processing the Crap1 inaccurate alleged debt default information. I should say that I’m not yet doing a SAR yet because I want to try the defamation attack first! Offer to settle out of court! Get them on the run / back foot and then hit them with the SAR and CCA if necessary and disclosure of documents and original agreement etc. Any suggestions / comments welcome. Cheers!
  12. Hear! Hear! Sorry, can't stay long, must go and claim my ''mistaken'' ''expenses'' for my ''mortgage''??? Or have I already paid it? Accounting was never my strong point but I know how to count cash and I respect the ''honest'' and 'Honourable'' Law Lords, after all it keeps a check on those in the Other House. Hear! Hear! Gin and tonic! Chin up! It could be worse! You could be a honest MP!
  13. Call me old fashioned but I thought a Stay could be lifted with a well argued case at Judicial Review? The European Court of Justice and Human Rights could also be used to support Consumer's rights. There's clearly a split in the ruling class between the 'old money' (the establishment, the 'old boy network'/judiciary/ the law) and the 'new money' (represented by bankers/ investment bankers/credit card companies and big business). It seems like the Judges are delaying ''justice'' but who is pulling their strings? Who do they represent? Old money or new money? The banks are pleading poverty ''we have no money to lend'' and are technically bust (comparatively speaking) and without Government / central bank BoE / FED support and Government backed insurance guarantees they would be now; moreover many of the banks are now technically owned by the Government - thus the refunds are coming from the Government (British and American/ European) in all but name and we the taxpayers are now funding their REFUNDS! And our own refunds! Amazing but true! I know it sounds crazy but that is what it amounts to! Kafka couldn't have written a better narrative! Unfair bank charges - refunds - estimated amount at least £2 billion? in the UK alone- although a drop in the ocean when compared to the ''unfair'' super-profits 'charges'' made over the boom years £5 billion per annum - have now come to an end while a Stay is in place. This Stay must be lifted at once! MPs and Euro MPs must be told to DEMAND immediate REDRESS and REFUNDS for consumers! Of course the British Reclaim for 'unfair charges' refunds will spread over the world (especially in Europe??) or should do with consumers now quite rightly DEMANDING their REFUNDS! This should now become a class action with ALL those claiming refunds employing the best lawyers/Counsels money can buy! The blair-brown gravy train and their friends in the City of London are now clearly concerned that the game is up so have called in a few 'favours'' to delay the inevitable victory of the Consumer and the people to reclaim their rights and their money.
  14. MONX: ''Whatever you think of the staff in Jobcentres, I do think drawing comparisons with the Nazi's is going too far!'' '''I dont believe that all staff who work in Jobcentres be considered as robots, unfeeling or certainly not compared with a inhuman regime who mercilessly murdered millions of people in the most disgusting way'' --------------------------------------------------- With respect to the ''some'' or few human Civil Servants that work in Jobcentres: I did NOT say that ''all'' were robots, merely those that follow Government ''rules'' like it was a sacred text never to be questioned and never wrong (and never admit when they are wrong themselves! ) Have you or anyone else ever received an apology from any Jobcentre or DWP Civil Servant for an error/mistake or victimisation/frustrating and/or delibrately delaying a claim? ''Rules'' (like unjust laws) are for breaking, changing, challenging and scrapping if and when those 'rules' are unjust, unfair, discriminate, and are against Human rights and inhumane and inhuman! (Or unfairly penalise the claimant / consumer e.g. unfair Bank Charges!) Worse still is when (not if) those sacred Government 'rules' are INCORRECTLY ''implemented'' by a drone / robot in the Jobcentre (who pays no attention to detail, the human cost of depriving a claimant to their RIGHTFUL BENEFIT under the DELIBERATELY OBSCURE and complex''rules'' (and wrongly implemented) in contrast to parasitical 'peers and MPs (and who have very simple ''rules'' for claiming BENEFITS in kind a.k.a. ''expenses''! Hiding behind ''the rules'' is NO defence to the charge of harassment and victimisation. Jobcentre staff who are Civil Servants should serve and NOT dictate and infringe human rights and those that do should be punished for their robotic wrongdoing and be brought before the very rule and law makers whose ''rules'' and 'orders' they followed.
  15. The Nazis followed ''Orders'' and ''implemented rules'' too! Does that make ''the Rules'' correct? Fair? Just? Human? Humane? These ''rules'' were and are written by camp followers of the bloated brown gravy train sycophants/hangers-on and Tony's cronies and vampires and parasites in the City of London banking fraternity and shyster 'private training providers'!
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