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Dougal16T

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Dougal16T last won the day on August 3 2009

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  1. Morning all I anticipate possible progress shortly. I am unable to provide exact details at present. All I can say is 'It's not over yet!' Best wishes to all Dougal
  2. Good morning Remember this - For an unsecured debt you will only ever be ordered by a County Court to repay what you can REASONABLY can afford IF you submit a Statement of income and expenditure to the Court BEFORE a hearing. Hope this helps - tell the muppets bothering you that you will ask for a Restraining Order if they do not follow the correct procedure! Best wishes Dougal
  3. Thanks Andy, They are such a despicable bunch....it is about time that they were properly dealt with!! (in my humble view). Very best wishes everyone (except Mac Hall) !! Regards Dougal
  4. Good Morning all I had trouble with Mac Hall in 2008 So.....I wrote a first letter to Mackenzie Hall, the text of which is set out below: Thomas Lloyd Mackenzie Hall 30 The Foregate Kilmarnock KA1 1JH 9th May 2008 First Class recorded delivery. Re: M 7XXXXXX I do not acknowledge any debt to your company or any other person. I have today received your unsigned letter dated 29/4/2008. I will not be making any payment to you. I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing. Please provide me with proof of your lawful right to claim any money from me. You must not telephone me, any calls from you will be recorded and construed as harassment. You must not send collection staff or any other person acting on your behalf or under your instructions to my residence as this will be construed as harassment. Take note that any implied right of access that may have existed to my residence and grounds is withdrawn from you and any of your agents apart from Royal Mail, to this effect, for you to send a door step collector will be considered trespass and harassment and you will be held liable and reported to the relevant authorities. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought. IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE: 1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened. 2. All records you hold on me relevant to this case, including but not limited to: a. A transcript of all transactions, including charges, fees, interesticon, repayments and payments and both the original amount of the loan and any repayments made to it the account. b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold. e. Documents relating to any insurance which is held on the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers. g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money. i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 j. A list of third party agencies to whom you have disclosed my personal dataicon and a summary of the nature of the information you have disclosed. k. A copy of all account statements for the duration of the agreement. 3. A copy of your complaints procedure, as required by the Consumer Credit Act 2006. 4. Clarification of the date you acquired the debt, or instructions to act as collection agents; what organisation these were acquired from, their registered office, their company number (if any), and what legal title they had to this debt, and what credit licence number they had at the time that the debt was purchased or entered into. You are also required to provide your credit licence number. I must advise you that if the information is not forthcoming within the legally prescribed timescale, all of the facts will be reported to the OFT and Trading Standards for consideration of the question of prosecuting you for all or any of the offences disclosed. (Please note :A “true copy” means a first generation copy of the actual signed document.) All documents should be readily available as proof of your or your clients legal right to collect this account. Your and your client’s failure to provide this documentation within the statutory time limits means would means you or your client has committed a summary criminal offence. However, due to your vexatious nature of your correspondence I also reserve the right to make formal complaints against you and/or your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence. Please be aware that I am logging all correspondence with you with regards to this matter and will be charging for time at the rate of £17.80 per hour as part of my counterclaim against any action you may take. I trust you will deal with this matter using all due diligence. Kind Regards They didn't get the message or respond so: Thomas Lloyd Mackenzie Hall 30 The Foregate Kilmarnock KA1 1JH 20th May 2008 First Class recorded delivery. Re: M 7XXXXXX I do not acknowledge any debt to your company or any other person. I have today received your unsigned letter dated 9/5/2008. I will not be making any payment to you. I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing. It is necessary to draw your attention to my letter to you dated 9th May 2008, sent by recorded delivery first class mail. Royal Mail have confirmed receipt by you of this letter. This letter required certain information from you – that information is still outstanding. In the meantime, the contents of your letter dated 9th May 2008 constitute an offence under The Fraud Act 2006 . The appropriate sections read: Section 1. Subsection (3) sets out the penalties for the offence. The maximum custodial sentence of 10 years is the same as for the main existing deception offences and for the common law crime of conspiracy to defraud. Section 2. This section makes it an offence to commit fraud by false representation. Subsection (1)(b) requires that the person must make the representation with the intention of making a gain or causing loss or risk of loss to another. The gain or loss does not actually have to take place. The same requirement applies to conduct criminalised by sections 3 and 4. Subsection (2) defines the meaning of "false" in this context and subsection (3) defines the meaning of "representation". A representation is defined as false if it is untrue or misleading and the person making it knows that it is, or might be, untrue or misleading. Subsection (3) provides that a representation means any representation as to fact or law, including a representation as to a person's state of mind. Subsection (4) provides that a representation may be express or implied. It can be stated in words or communicated by conduct. There is no limitation on the way in which the representation must be expressed. So it could be written or spoken or posted on a website. Subsection (5) provides that a representation may be regarded as being made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). The main purpose of this provision is to ensure that fraud can be committed where a person makes a representation to a machine and a response can be produced without any need for human involvement. Section 3. makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud, which said at paragraphs 7.28 and 7.29: "7.28 ..Such a duty may derive from statute (such as the provisions governing company prospectuses), from the fact that the transaction in question is one of the utmost good faith (such as a contract of insurance), from the express or implied terms of a contract, from the custom of a particular trade or market, or from the existence of a fiduciary relationship between the parties (such as that of agent and principal). 7.29 For this purpose there is a legal duty to disclose information not only if the defendant's failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set asideicon any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it." Section 5. defines the meaning of "gain" and "loss" for the purposes of sections 2 to 4. The definitions are essentially the same as those in section 34(2)(a) of the Theft Act 1968 and section 32(2)(b) of the Theft Act (Northern Ireland) 1969. Under these definitions, "gain" and "loss" are limited to gain and loss in money or other property. The definition of "property" which applies in this context is based on section 4(1) of the Theft Act 1968 (read with section 34(1) of that Act) and section 4(1) of the Theft Act (Northern Ireland) 1969 (read with section 32(1) of that Act). The definition of "property" covers all forms of property, including intellectual property, although in practice intellectual property is rarely "gained" or "lost". Section 6 makes it an offence for a person to possess or have under his control any article for use in the course of or in connection with any fraud. This wording draws on that of the existing law in section 25 of the Theft Act 1968 and section 24 of the Theft Act (Northern Ireland) 1969. (These provisions make it an offence for a person to "go equipped" to commit a burglary, theft or cheat, although they apply only when the offender is not at his place of abode.) The intention is to attract the case law on section 25, which has established that proof is required that the defendant had the article for the purpose or with the intention that it be used in the course of or in connection with the offence, and that a general intention to commit fraud will suffice. In R v Ellames 60 Cr. App. R. 7 (CA), the court said that: "In our view, to establish an offence under s 25(1) the prosecution must prove that the defendant was in possession of the article, and intended the article to be used in the course of or in connection with some future burglary, theft or cheat. But it is not necessary to prove that he intended it to be used in the course of or in connection with any specific burglary, theft or cheat; it is enough to prove a general intention to use it for some burglary, theft or cheat; we think that this view is supported by the use of the word 'any' in s 25(1). Nor, in our view, is it necessary to prove that the defendant intended to use it himself; it will be enough to prove that he had it with him with the intention that it should be used by someone else." Subsection (2) provides that the maximum custodial sentence for this new offence is 5 years. Section 7 makes it an offence to make, adapt, supply or offer to supply any article knowing that it is designed or adapted for use in the course of or in connection with fraud, or intending it to be used to commit or facilitate fraud. For example, a person makes devices which when attached to electricity meters cause the meter to malfunction. The actual amount of electricity used is concealed from the provider, who thus makes a loss. Subsection (2) provides that the maximum custodial sentence for this offence is 10 years. In the Magistrates Court the sentence for a single offence may not exceed 12 months. However, Section 78 of Powers of Criminal Courts Act (Sentencing) Act 2000 imposes a maximum of six months. This was due to be changed in November 2006 and will change if Section 154 Criminal Justice Act 2003 is activated. As at 16 January 2007 it has not been activated so the maximum penalty is restricted to six months. Section 8: "Article" Section 8 extends the meaning of "article" for the purposes of sections 6 and 7 and certain other connected provisions so as to include any program or data held in electronic form. Examples of cases where electronic programs or data could be used in fraud are: a computer program can generate credit card numbers; computer templatesicon can be used for producing blank utility bills; computer files can contain lists of other peoples' credit card details or draft letters in connection with 'advance fee' frauds. Section 12 repeats the effect of section 18 of the Theft Act 1968. It provides that if persons who have a specified corporate role are party to the commission of an offence under the Act by their body corporate, they will be liable to be charged for the offence as well as the corporation. By virtue of subsection (2)(a) and (b) this offence applies to directors, managers, secretaries and other similar officers of companies and other bodies corporate. Subsection (3) provides that if the body corporate charged with an offence is managed by its members the members involved in management can be prosecuted too. It is now too late to reverse your position, as a report has today been passed to the OFT. However, I am conscious of the possibility that their enquiries may be protracted and so therefore I have today made a formal complaint to the Police, providing a S.9 Witness Statement, together with first generation copies (taken by the Police) from the documents you sent to my address. My request for this matter to be investigated under the Fraud Act 2006 has been accepted and enquiries are today commencing. Nothing heard from Mackenzie Hall after that.....and by the way I refused point blank to speak to them on the telephone, and they did not know my former career. I apologise for the length of this post - but they really are lowlifes in every sense, and need to be dealt with firmly! Best wishes all Dougal
  5. Morning all Just to let you know that we are proceeding with the Application concerning this case, due to the 3 Serious Procedural Improprieties, which took place in July. This is not over and will not be so for some time - more in due course. Have to be cautious, I have no wish to alert 'the other side!(so to speak!) Best wishes all, Dougal
  6. Evening all Thanks Brigadier - but rest assured there will be no such exclusions, according to my Counsel, because this will be a Judgement which overturns the previous one when the OFT were at the Supreme Court. I am not able to provide any other details at present. Time will tell, best wishes to all Dougal
  7. Evening all I agree Brigadier, that is a possibility - BUT there will be a Judgement ( in the fullness of time). That Judgement may not be retrospective, but may apply to new claims. Best wishes Dougal
  8. Morning all, As I said the Brigadier is right with one minor difference, Litigation is already in progress, which (if successful), will change the position in relation to Bank Charges, in other words, it should (if successful) reverse the existing inability to reclaim those charges! But there are a few bridges to cross yet......... Best wishes to all, Dougal
  9. Morning all, Whilst BRIGADIER2JC is currently right in what he says, all I would like to say is 'It is not over until it is over.......!!..' A read of my posts under 'HDR - v - HSBC', might help........ Best wishes all, Dougal
  10. Morning all, Whilst BRIGADIER2JC is currently right, all I would like to say is 'It is not over until it is over.......!!..' A read of my posts under 'HDR - v - HSBC', might help........ Best wishes all, Dougal
  11. Morning all, As I mentioned an Application has now been made for a further Appeal due to Serious Procedural improprieties at the previous hearing.!!! More news as it happens, I hope! Best wishes all Dougal,
  12. Morning all, 'Volte Face' in progress....... I'll keep you posted! Best wishes everyone on CAG Dougal
  13. Moving on, as they say, There may be a fairly dramatic 'volte-face' shortly. It has been discovered that there were serious procedural errors at the last hearing. More shortly, investigation and Application in progress. Best wishes, and remember........It is not over until I say so! Best wishes Dougal
  14. A very good morning to all, Sadly, I am unable to report success at the COA. For technical reasons I am unable at this stage to explain the situation fully - but basically it may be the case that a formal complaint will be made to the Master of the Rolls. More in due course, BUT I can say this - IT IS DEFINITELY NOT OVER YET! WITH THE EXCEPTIONAL ASSISTANCE I HAVE RECEIVED FROM COUNSEL, CONSIDERATION IS NOW BEING GIVEN TO ALTERNATIVE ROUTE(S) TO PROGRESS THIS MATTER IN THE INTERESTS OF EVERYONE. As the next few weeks pass I should be able to set out the proposed action which will settle all Bank Charge claims. In the meantime my friends, I wish you well. Best wishes to everyone, Dougal
  15. Morning all, Tomorrow is the big day.....so far... At Court of Appeal for a hearing to try and obtain permission to Appeal the Circuit Judges Decision.......... I'll be in touch! Dougal
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