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About blueotter

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  1. Its tought dotty and the fact my credit rating is destroyed makes it a bit tougher but thank god i didn't go down the route of an IVA as id'd have been properly stuffed by now. I've had no pay rise for 2 years,wont get another one for at least 2 more and i'm trying to cope with utility prices going up by 20%,food by at least 10% and fuel by as much again....................i really dont know how people with mortages and rent to apy are getting by................and if that interest rate goes up ,which it surely will then the whole lot will collapse.Capitalism left unchecked and adminsitered by
  2. Well you've avoided paying them for a few years ,a few more years and it will be statute barred anyway. I feel your pain having been in the same predicament with my mbna cards but if they want to hike an interest rate from 9% to 34% in search of more profit without responsibility then i'm happy not to pay them anything,with or without a cca.
  3. good news,keep up teh good work people,i'm waiting for my hfc one to be re-assigned after restons showed no interest in pursuing it
  4. had a few of these offers a while back...............to be fair where once upon a time i was fighting fires on about 7 different fronts and responding to letters every other day i now find that just putting forward my case with a cant afford to pay so wont pay attitude seems to be working a treat.I have some cca's that are invalid,some that quite possibly may sneak past a misguided judge and a proficient lawyer but when i pointed out that they'd be better off bankrupting me as even if they do win i'm in no position to pay they just backed off. Restons were the most difficult but when they deci
  5. Think i'll count mine up dotty.they foloow a similar pattern to yours,threat,counter threat,offer,threat proper good cop/bad cop stuff
  6. Ecellent,not only did they say it was unenforceable ,they also gave you lots of ammunition as to why ! may use extracts of it myself in my ongoing war on dca's well done
  7. hi, sorry been off sick,truyst your daughter is better ,good news for you,need help with next step just let us know.
  8. I’ve had to do similar as I have 8 different accounts to try and service,most of them are defective in some way or another but maybe one or two of them aren’t and could well be enforced,who knows ? What I do know is that I can’t afford to pay all of them so I don’t propose to pay any of them . They each have to make a judgment on whether or not its worth taking me to court as I’m not a house owner and have no assets but I do have a young family to support. I would think it isn’t in their interests to spend the money without a chance of getting anything back.
  9. If they’re aware you have assets ,by which I’m taking its an interest in a property I think they’ll most likely pursue a course of action that will inevitably include court action. The fact that they’re talking about “deals” makes me think they aren’t as sure of their grounds though, think you need to weasel out more information from them ,perhaps this can be achieved by entering into negotiation. Tricky but my gut feeling here is they’re trying it on again.
  10. Not all judges will be conversant with this type of law but it does make you feel whether its worth saying I accept the s77/78 submission by the claimant which concerns itself with disclosure of information only. Now lets move onto s61 which concerns itself with the fact that credit agreements must have been properly executed with all terms and conditions otherwise they cannot be enforced by Consumer Credit Law.
  11. Very good mate,well presented and argued to the point where i cant see a judge having to interpret at all. Its down in Black and white,if anything i'd say there's enough evidence presented in the form of different cca's to suggest that at best Restons are misleading you and at worst being duplicitous in their dealings. I can't see how the Judge can come to any other conclusion but to dismiss the application but as has pointed out on other threads you must keep banging away at favourable case law and the distinction between carey (disclosure only) and s61's properly executed credit agre
  12. hi, Just been reading your thread,you mentioned you were thinking of jacking it in but would that be on cost grounds or just because you feel you wont win ? For what its worth i feel you have a strong reasoned case,the judge would seem to agree having granted an extension. Out of interest do you think Restons are pursuing this because you are a home owner and they're looking for a charging order ? May explain their tenacity. I'm in a similar position to you in that i've just received a letter from restons asking me to settle on an hfc account but i've only ever been given a blank appl
  13. Absolutely ,that'd the Halifax you,re talking about isn't it ! The worst IMO of a very very bad bunch. Received s thick envelope yesterday amending my terms and conditions again ! Should imagine they,re probably trying to instigate another set of charges
  14. Thanks for the advice people ,I,m getting Overwhelmed by this talk of Carey ! Can anybody point me in the direction of The Waksman 59 page ruling And where it states that s78 doesn't remove the obligationof the creditor to provide a compliant s61 cca should they want to prove enforceability . Sure I read it but I,ve got word blindness now !!!
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