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Everything posted by rhino666

  1. Well, while it's with them no one gets paid because it's in dispute and I still want to see a properly executed CCA( which it wasn't )
  2. This isn't sounding good at all.
  3. Oh well, lets see what happens.
  4. Right, that's about as much as I want to listen to then. Wish I hadn't given them the case. Why do these ombudmans and the rest of them even exist if they're not going to do the job properly.edit I'll get a lawyer!
  5. Surely all this legal talk can't be enforced by the 'debtor' ( Us being in the right ) unless it goes through a court ( ? )
  6. I've referred my case with a bank who says they don't have my CCA to the FSO to see if I can get the bank off my case. Does anyone know how much clout they have? e.g is their word final above that of a judge ? How does it work ? Anyone ?
  7. A court battle is the last thing in the world anyone wants, I'm going through the Financial Services Ombudsmen as a safety measure.
  8. Has anyone been through this successfully because I'm in the same boat and dying to my lender to court.
  9. This is very strange. BUT just because they are solicitors don't panic. A solictor is not a judge. Unless anyone wants to correct me, they're still going to need a CCA to get anywhere. I'd make an official complaint to the financial ombudsman AND the OFT and do it NOW at least you'll get info straight from the horses mouth. This is where I have to jump out because 1) I don't know what the solictors is going to say 2) my own knowledge on procedures only goes so far. Can anyone else help ?
  10. I've got a DCA without CCA pushing all the wrong buttons at the mo. They're pushing their luck and I'm quite happy to speak to relevant authories about them.
  11. Ahhhhhh I see. I'm one of those whose creditor has lost the CCA and the appointed DCA are trying their best with templated letters but wont admit they haven't got a CCA So I'm sitting tight. I know I'm not unique by a long stretch in being in this situation so I'm surprised more people haven't questioned it.
  12. So the idea of no CCA = unenforceable or 12+2 days or until such times as it turn up is now gone. Is that right.
  13. So would I be right in saying that if a creditor can't find your CCA it's not automatically unenforceable until such times as they find it. If that is the case that's a bloody big change to the law. and I'm also assuming the 2008 amendment is for new agreements not old ones. Is that right ?
  14. Excellent. Long but at least you simplied it. Thank you. So it looks like basically everything is up to a judge now.
  15. and how it's been altered from the 1974 one. Just been told by trading standards that even under civil procedure rules and S77/78 a bank can still reconstruct an agreement. That doesn't sound right to me.
  16. and even more news OFT acts on debt recovery measures (UKPA) – 2 days ago Action has been taken against four lenders that took steps to have unsecured debts customers were struggling to pay secured against their homes. The Office of Fair Trading (OFT) has imposed requirements on Alliance & Leicester Personal Finance, American Express Services Europe, HFC Bank, part of HSBC, and Welcome Financial Services, which is part of sub-prime lender Cattles, following concerns about the way they were enforcing some consumers' debts. The problems centred around the use of chargin
  17. Action taken against debt recovery giant over pressure practices Tuesday 23rd November 2010 A global debt recovery giant has become the latest firm to be warned over ‘unreasonably’ pressurising practices, following an investigation by the Office of Fair Trading (OFT) The OFT has now imposed requirements on Aktiv Kapital to secure improvements to its debt collection and communication practices, warning that if the debt firm does not comply it faces a fine of up to £50,000. One of the larger debt collection companies in the UK, Aktiv Kapital is based in Norway but has a UK ar
  18. I'd wait. Section 78 as I've learnt from here, is not a debtors best friend. I originally asked for a copy under S78 then realised my mistake and said Civil Procedure Rules ( Pre action protocols and Part 31.16) Quoted that the DCA as well and so far nothing. If they haven't got it , they haven't got it and they WILL need to produce it.
  19. I'm in the same boat myself. No CCA but I can't go through pre 2007 thing until I get it and friggin bank wont/can't supply it to confirm and have a shi**y DCA on my case, but I ignore them anyway( pond **** )
  20. If the loan was pre 2004 I doubt very much it'll have the correct prescribed terms for a loan and hasn't been administered properly , but Lloyd's wont tell you that BUT bear it in mind. Here's a BBC article to refer to: http://news.bbc.co.uk/1/hi/business/8365018.stm
  21. The Statute Barred Debts Unclear Areas of the Law Mean Rich Pickings for the Debt Spivs The Statute Barred Debt [problem] is just one example of how debt purchasing companies make a tidy bit of money because the law is so woolly about what is allowed and what is not. When a legal point is so fuzzy that lawyers may argue about it for hours it means that this is an area which has rich pickings for the debt spivs. They can interpret the law in the way which favours their own activities and leave the areas of doubt in the minds of their victims to be dealt with by the usual fe
  22. well if they do it better be of the right prescribed term ( which I know it wont be ) re OFT rules for CCA Pre April 2007
  23. That's exactly what I thought. Thank you.
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