Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I wrote to them previously to remove 2 consecutive month defaults issued by Co-Op Bank,who sent no default notices,and who don't have a valid agreement into the bargain
this wasn't even acknoeledged,so next stop court for £1000 per default as per Kpohraror v Woolwich Building Society
I consider that if a financial organisation such as the second defender operating in the financial industry intends to make an adverse representation in a national credit reference agency as to the credit of an individual arising out of a debtor creditor supply agreement and that individual submits to the financial organisation that the information is false for a specific reason, such as the rescission of the contract by reason of misrepresentation on the part of the organisations own agent who negotiated the agreement, the financial organisation making the assertion is under a duty to take reasonable care to ascertain whether it is correct or not. The assertion being made by the second defender was not a simple assertion that the pursuer had not paid, it was that he was in default, namely that he had not paid what he was obliged to pay. The pursuer had brought to the attention of the second defenders his assertion that he was not obliged to pay because he had terminated his contract with the first defenders.. That put the second defenders under a duty to make enquiries. It may be that the exact nature and extent of these enquiries could be circumscribed by industry practice. But the duty to make enquiries of some kind seems to me to be a general duty not dependent on industry practice. This is what the pursuer says in condescendence 5 on page 10, "in any event it was the second defenders' duty not to make such representation to credit reference agencies without having taken reasonable steps to satisfy themselves of the truth thereof, when they knew it to be in dispute". I consider that that averment accurately reflects the duty of such a person as the second defenders when making representations as to credit of one of their customers. I accordingly reject the second defenders' submission on this point, as I do the submission that in the absence of specific averments as to what the defenders could have done to discharge the alleged duty there was no basis in fact for saying that the duty had been breached. They should have made inquiry.
Also the reference to Kpohraror:
To have one's credit worthiness impugned so that one is at risk of being unable to obtain credit on the grounds that he is not credit worthy is, if anything, a more significant matter for the individual than it would have been at the time of King, over a hundred years ago. Mr Beynon has submitted that a figure of £10,000 would be appropriate. The figure of £100 awarded by the sheriff and left standing by the Inner House in King v British Linen translates, according to the Office of National Statistics Publication "Focus on consumer price indices" 2008, table 5/3, to £9,975 in the year 2008. The figure of £5,500 awarded to an individual in Kpohraror v Woolwich Building Society 1996 4All ER 119 was not interfered with by the Court of Appeal in 1996 and, in today's figures, would be worth £8,215.
I'm going to ask for help with POC when it comes to the point of filing....the NI online system doesn't allow as many words as the UK one
yes-that will be unlawful defaults-ones where there was no default notice(or one which does not comply with the rules),duplicate defaults for the same account,and also ones for which there is no CCA
something for which I am in the process of trying to corner the ICO into strictly defining the circumstances in law whereby an OC or a DCA may issue defaults where there is no valid CCA
I expect some twisting and prevaricating on that score
I had a quick read,but I don't think it addresses the issue of no valid agreement
no agreement,then there is no permission from the "debtor" to the "creditor" to enable them to process your data
I want to get it in writing from the ICO as to what legislation they are relying on to process your data in that eventuality
in "Wilson and others v. Secretary of State for Trade and Industry (Appellant)"the law lords pointed out that where there is no agreement,any monies issued to the "debtor" amounted to a gift,in effect,and she was entitled to her money back,plus her car
a gift cannot be subject to a default on your credit file
LBA sent to call credit
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Originally Posted by emanevs
