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Dodgeball

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Dodgeball last won the day on March 19

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  1. Breach of Statutory duty, if it does not have remedy stated within the statute itself, can be actionable as a common law tort, generally negligence. As with all civil action there must be provable damage. There is quite a lot of info on the web. https://lawaspect.com/breach-of-statutory-duty--tort-law/#
  2. I think the OP just needs to be reassured here. Never Happen The bailiff does not even have any powers at this point, and after such a time he would have to apply to the court under CPR83, to have a warrant issued, which after 13 years they would be V unlikely to issue.
  3. Yes a section 78, is it 77, never sure with catalogues, some people say they were not covered by the CCA at all, despite what they say. Interesting to see what comes back.
  4. Hi Andy (4)Where a regulated open-end consumer credit agreement, other than an excluded agreement, provides for termination or suspension by the creditor of the debtor's right to draw on credit— (a)to terminate or suspend the right to draw on credit the creditor must serve a notice on the debtor before the termination or suspension or, if that is not practicable, immediately afterwards, (b)the notice must give reasons for the termination or suspension, and (c)the reasons must be objectively justified. (5)Subsection (4)(a) and (b) does not apply where giving the notice— (a)is prohibited by an EU obligation, or (b)would, or would be likely to, prejudice— (i)the prevention or detection of crime, (ii)the apprehension or prosecution of offenders, or (iii)the administration of justice. (6)An objectively justified reason under subsection (4)(c) may, for example, relate to— (a)the unauthorised or fraudulent use of credit, or (b)a significantly increased risk of the debtor being unable to fulfil his obligation to repay the credit. Yes f course either party can terminate an agreement at any time. But that does not mean the debtor does not have to pay any sums remaining under it, nor does it mean the creditor can ignore the debtors rights under the CONTRACT to pay the loan back by instalments, nor can the creditor demand that he does. This is a "none default termination", it is there to protect the lender from immanent breaches that need the ability to draw credit to be stopped to prevent imminent damage. Peter
  5. Looking through our new and I must say improved forum. I notice many of my old posts have been resurrected, going back to w006 when I was Peterbard. Also interesting is the amount of time I have spent on this issue,. https://www.consumeractiongroup.co.uk/topic/261778-default-noticetermination-discussion-moved-from-stone-brokes-thread/?tab=comments#comment-3193324 Some of the other topics I discussed with others are there also. At this time of night, I am not sure what that means exactly, must mean something. Peterbard
  6. Just to be clear. DCA;s pursue the terminated sum of a contract, that is the whole sum due. You cannot do this on an un-terminated agreement, you can only pursue arrears, that is until the DN has been issued and the account terminated. A lender can chase his own terminated debts without a DCA license but not any one else's. A DCA can only deal in terminated debts, these are bought and sold in portfolios sometimes consisting of thousands of accounts, if these were still live the process would be impossible. Legally they cannot receive unterminated accounts because they are not equipped or licenced to receive them. The question is; do accounts placed on a dmp for extended periods have to be terminated, or can the lender still claim the account is live. I think this would be an unfair practice and challengeable under section 140 CCA
  7. OK This is resolved, it just took a complaint through the Experian link on Clear score. It was just a note explaining the law. His report contains nothing relating to this on it. I will post the leter from Experian as soon as he sends it me.
  8. Andy the section you quoted does not mean that a debt collector can act as a Credit supplier, not even an interim one, are you saying the two are the same. DX, a DN is required to terminate an account, as an un-terminated one cannot be the subject of proceedings. As for going off topic , I am just replying to points you raised.
  9. I dont think so, it is all relevant to the OPs position , unless the OP requests it of course. I shall be making some posts over there shortly relating to the success I have had, my friends credit report is now devoid of any mention of New day or Aqua.
  10. They get around that even though they do not offer to extend credit facilites...as long as they have a credit licence. Consumer Credit Register. ... This is a public record of firms that have, or had, interim permission to carry out consumer credit activities. Most businesses that offer goods or services on credit, lend money to consumers or provide debt solutions and advice to consumers will be carrying out consumer credit activities https://www.fca.org.uk/firms/consumer-credit-register The following recent thread may be of interest in which the Judge allowed the DN to be issued from the Assignee I dont know what an interim notice has to do with this. An account must be terminated before a party can ask for full payment or activate an accelerated payment clause, you cannot terminate a regulated agreement without first sending a DN. Before the agreement is terminated he is entitle to make repayment as per its terms, remedying the FDN gives the same result on remedy. I dont know about the case you mention , it may be that the DCA issued another DN in order to say they gave the OP time to settle, subsequent notices can of course be issued. An LBA really. I have had yet another of these , again Aqua, this one had a date of 2015, the DMP says ;payments were made to them since 2012, however the account was sold to Lowell in 2015. So the account was obviously defaulted before sale. But it does comply with the fact it must be terminated before it is sold to a DCA. I will consider what you say about licensing, Debt recovery is not giving credit of course and requires a different class of license. It is an Ancillary credit function under the act. An interim permission is usually granted to someone who has an application under consideration.
  11. I dont know what an interim notice has to do with this. An account must be terminated before a party can ask for full payment or activate an accelerated payment clause, you cannot terminate a regulated agreement without first sending a DN. Before the agreement is terminated he is entitle to make repayment as per its terms, remedying the FDN gives the same result on remedy. I dont know about the case you mention , it may be that the DCA issued another DN in order to say they gave the OP time to settle, subsequent notices can of course be issued. An LBA really. I have had yet another of these , again Aqua, this one had a date of 2015, the DMP says ;payments were made to them since 2012, however the account was sold to Lowell in 2015. So the account was obviously defaulted before sale. But it does comply with the fact it must be terminated before it is sold to a DCA. I will consider what you say about licensing, Debt recovery is not giving credit of course and requires a different class of license. It is an Ancillary credit function under the act. An interim permission is usually granted to someone who has an application under consideration.
  12. I think the remedy foe this is in the CCA under section 140 as the Judge in DXs favourite case stated.
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