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Everything posted by dp77

  1. I've noticed a large number of searches by a company I have no connection to; Lowell Portfolio. These are listed as 'unrecorded searches' , which I understand means only I can see them but does the Data Protection Act not offer any protection in terms of who can search my file? This is a company I owe nothing to, I have never been contacted by them, I have never had any dealings with them yet they have searched my file multiple times. I understand a would be lender can access my file but this is not the case here. Should I write and ask them what right they have to access my person
  2. Hi (Halibutt)- That is correct, the agreement would have been from pre 2007 and I know for a fact they don't have the original agreement, or even a scan of it. They could possibly reconstitute one, but it wouldn't hold up in any due process. I learned the hard way not to take these things personally and that firing off letters and spouting consumer law can get you into trouble, so I'm inclined to let it go. I managed to negotiate my way out of a truly dire debt mountain a few years ago and the only creditor I couldn't reach agreement with was the one I choose to argue with. I got totally
  3. Thanks for the replies. To be honest the content of the 'threatening ' letter is risible, looking into my personal finances simply means accessing my credit file (as someone above said), an unrecorded entry which is only visible to me. The other 'threats' are laughable, "we will send a field agent to discuss reasons for non payment", please do tell me when he's coming - I'll have tea and biscuits ready. Nowhere is the threat of legal action mentioned, I assume because they know the debt is SB. Although I'm tempted to send a SB letter I'm going to leave it, only because I know from
  4. It's not on there, disappeared a while ago - last year sometime I think. Is that cast iron though? If it's off your credit file then the six years is up?
  5. Hi Many years ago I had a credit card, I defaulted and was chased around a bit by the original lender. One day I called the original lender, whoever I got through to had either just been fired or was having a 'be honest it'll be good for the karma' day. They told me the lender had lost my original credit agreement, no record of it existed and I could stop making payments. Yes, I did fall off my chair! Over the years I've had a few DCA's contact me trying to chase up this debt and I've always ignored them or challenged them to prove the debt exists, the usual suspects, Wescot, Equideb
  6. I acknowledged in time, and filed a defence in time, albeit an embarrassed one. Their PoC gave no cause for action, no date for the agreement, no date for a default, stated the agreement was for a 'charge card' that was 'exempt under the exempt orders Act' (words to that effect). I was at the time paying a monthly dmp on a credit card that was regulated by the CCA 1974 and I couldn't defend against an agreement I didn't have. The claim was stayed, nothing happened for months. Then out of the blue I get served with papers for a SJ hearing, which a Court has granted them, still a few
  7. Sorry, that's what I meant, what are the time limits for me to do things? I assume they mean any requests from me for the other side to produce documents etc. must be submitted a certain amount of time before the hearing?
  8. A date is set for a Summary Judgement hearing, so they have issued proceedings for sure. I don't need to see these documents as such, I need them brought to court, so is the N266 the correct form to use? Also, crucially, do you know what the time limits actually are?
  9. I want to get the other side to produce various documents in court, at a SJ hearing. I've read that unless I challenge, or ask for documents to be produced, then it is assumed I am agreeing to their accuracy and authenticity - which in this case I certainly do not agree with. What form would I submit to the Court to request the other side bring various, original documents to the hearing? Thanks for any advice / information.
  10. You might think there is more chance of a Howard Cohen winning Britain's Got Talent than of a creditor admitting a debt is unenforecable but in fact this did happen to me once. I was on the phone to Barclaycard, my policy was always to be polite and friendly, even if the opposition were not. Anyway, this operator I was on the phone to had clearly had a very bad day indeed, I suspect he had just been told he was losing his job. I sympathised then asked him, very politely, why I hadn't yet been sent a copy of my agreement, which I had asked for in writing. He went away to look up a f
  11. I could really do with some help, the one barrister who was recommended was too busy to take on any more cases. Found one. What surprised me (and shouldn't have given the rising number of court cases) was that a lot of barristers are too busy to take on new cases, plus a lot of them have an amount threshold, so if your claim isn't for more than a certain amount they won't take it on. There seems to be a real gap in the market, there is nothing halfway between The CAB and a Barrister, but it seems a lot of people on here (me included) need someone knowledgeable to sit down with,
  12. Sadly not, my default notice was issued many years ago, well before I learned to keep everything. And although the burden of proof is supposed to rest with the claimant, you only have to read through these forums to see that there is an underlying assumption in court that whatever the claimant says can be taken as the truth.
  13. I'm inclined to agree, the OFT guidelines seem fair and reasonable to me, and at least they provide some clarity. Especially the concluding part which says non compliance is no longer an automatic criminal act but could still be an offence under the Enterprise Act 2002 as it constitutes "a failure to provide information".
  14. That's a great start. But in this situation would it be good enough? Our cast - LiP, a stout fellow, but regrettably short in pocket. Claimant's Barrister, oil on wheels @ £225 per hour with a hint of permatan, The Judge, a fully paid up member of Shoot The Poor and Kiss A Banker. LiP "You cannot show what method of postage was used" Claimant's Barrister "My client always uses first class post" LiP "Prove it" The Judge "the claimant is a respected firm, I have no reason to doubt their word" LiP "But the Interpretation Act says....unless the contrary is proved, to have
  15. How solid is the statement that if the claimant cannot prove first class postage then second class postage will be deemed the method of postage used? Is there a nice juicy bit of case law somewhere, or is it enshrined in a piece of legislation? Put it this way, when the Judge peers at you in court and says "where did you come by this piece of information you horrible little defendant you" is there something tangible to respond with?
  16. I've read through the Waksman rulings. I must admit I'm still confused about one issue, whether the creditor has to supply a copy of the Terms and Conditions (especially the prescribed terms). Some paragraph's in the ruling seem to suggest these Terms and Conditions must be provided, others seem to suggest something different. The same applies to whether a creditor has to send a copy of any other document referred to in the agreement, it wasn't clear (to me!). A specific example; in response to a s78 a creditor sends back a copy of the application form, which itself contains
  17. Okay I've read through the Waksman rulings. I must admit I'm still confused about one issue, whether the creditor has to supply a copy of the Terms and Conditions (especially the prescribed terms). Some paragraph's seem to suggest these must be provided, others seem to suggest something different. The same applies to whether a creditor has to send a copy of any other document referred to in the agreement. A specific example; in response to a s78 a creditor sends back a copy of the application form, which itself contains no Terms & Conditions, it says there are "Important Person
  18. The Flaux judgement on enforcement (McGuffick v RBS) is being appealed? Is there a thread that gives more info?
  19. http://www.judiciary.gov.uk/docs/judgments_guidance/mcguffick-v-rbs.pdf The relevant paragraphs start at 74 - The Meaning of Enforcement It goes on and I don't fully understand all the legal terminology, but the gist is there.
  20. Okay, so I've done some research on enforceability and waded through a few judgements (my eyes are still aching). Judge Flaux gave a high court ruling that enforcement was not; reporting to a CRA, issuing a default notice, demanding payment or passing the account on to a third party for collection. Judge Flaux also agreed with a previous ruling made during Rankine v AMEX Europe - again in the high court - that commencing legal proceedings was not enforcement, it was a step toward enforcement (or words to that effect). Purely as a layman it seems the Flaux case was very optimist
  21. Once the creditor raises the possibility of legal proceedings you can use the CPR. There is a very good thread here -http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html#post1868913 What I'm not sure about is how robust the CPR are when it comes to court action, i.e. whether a creditor breaching them is likely to influence a Judge very much.
  22. If true then a s78 request is meaningless, it can be ignored without consequence. Technically I suppose the Judge cannot enforce if the creditor is still in breach once the case comes before court, but it seems a high percentage of DJ's are determined to side with the creditor whatever the circumstances. If you want the letter of the law applied more evenly you need to go to appeal, which is £10k minimum. As for why MBNA won't recreate your agreement - do you know if its a decision on your case alone, or generally do they not supply agreements? It may just be policy. Given that the
  23. Okay, thanks. So basically the only way to oppose a summary judgement is at the actual hearing? The Witness Statement has to be in 7 days beforehand? When do you hand over your skeleton argument? Sorry to butt into this thread, but hopefully this will also assist the OP, whose situation (and expertise) seems similar to mine.
  24. Can you apply to court to have a hearing for summary judgement struck out? I mean before the actual hearing? I'd be interested to hear if you could.
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