Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited

Everything posted by RDR

  1. To all who have a vested interest in my character assassination. My first post stated "If the recovery agent has satisfied all legalities ". Read this bit again "If the recovery agent has satisfied all legalities". Where do I state illegal actions anywhere. Please feel free to enlighten me and yourselves on this point. Frankly I have never seen so many follow without application. Dx100uk. In the context outlined. Does this sound like the advice of a "repo man". Get to grips. Pleased to say none of you will be representing me and will certainly not be taking advice from anyone here. Don't bother responding, I can't be bothered myself here any longer.
  2. No. And I won't be bullied by an individual who seems to think that copy and pasting a selection of text makes them judge dredd. You carry on buddy your own sweet way. Clearly you have an aptitude for ignoring English and refer you back to post of 17:41
  3. Don't slate my understanding by stating it is factually incorrect. I have stated previously twice here that if the recovery agency has complied with legal obligation they can recover a vehicle. What is incorrect with that, now go and waste someone else's time. CAG, you need to ban trolls from your site.
  4. Read my first answer. if all legalities re the CCA are complied with then I can come to your house and remove the car and there isn't much you could do about it. You want me to some up a massive area of legislation in a yes or no and I'm not prepared to do so.
  5. postggj just read your last post. A yes or no . It aint that simple buddy.
  6. ok. crisis over. caveats are that while I am trespassing I do not commit any other offence of the criminal kind. For example: (1) common assault; while attempting recovery (2) criminal Damage; damage to the property while attempting recovery (3) breach of the peace or (4) affray; a serious breach of the peace. got it. Because I can get arrested for each of these other offences even though trespass is a civil act. Now to deal with trespass, one would normally have to apply to the court and get an injunction to remove the trespasser. However, if I come to your house and enter your driveway to take my car that I am legally entitled to take possession of and then go, what is the point of going to court to get an injunction for a civil situation that will not re-occur. Understand.
  7. OK, let me take each point in order. (1) I do not need a court order for vehicle recovery if all legalities (as in my original post) have been complied with. So initially, if I have legal standing to recover the vehicle if the less than 1/3rd payment exists and it is less than 6 years for attempted recovery and all CCA conditions (because they can vary, finance company dependent) are met and I (as the recovery agent) have full entitlement to the vehicle. Then, it is simply a case of turning up to your property with a duplicate key (from the manufacturer) entering (my) car, because legally it is my property, and driving the vehicle away. It is a case of trespass (a civil wrong), I cannot be arrested or charged for it. Caveat dependent. More to follow.............back in ten, need to help my kid
  8. Sorry Postggj. What ambiguity ?. Trespass is a civil offence. It's not a criminal act.
  9. Apologies Brigadier, just attempting to offload industry specific knowledge. Do not mean to offend.
  10. Donkey, MY first post of 13:27 on this subject is in retort to the first post on this board by Macymay 17th May 2013; to wit "I was informed yesterday by the Office of Fair Trades that consumer credit licence 446835, Link Financial Ltd lapsed on 3rd May 2013. " My post of 13:27 is correct based upon OFT written statement. You may agree with me now, having agreed with me previously in an earlier post. So my intention now is to not get into a p###ing contest with you on this.
  11. Donkey, you seem to have ridiculed me in an earlier post for "giving false hope....on technicalities", based upon OFT written statements that you yourself provided in a link to the OFT page. You now state "What Link Financial Ltd could not have done in that time, themselves, was buy or sell debts, and this would have applied for a period of a couple of weeks." and appear to agree with my stance that having had a license lapse, the post license holder is not in any position to undertake licensable consumer credit activities until it's license has been re-instated. You appear confused...........
  12. "Once a licence has lapsed it can not be renewed. You will need to apply for a new licence. Trading in credit activities without a licence is a criminal offence". The license is lapsed. It is an offence to trade.
  13. Interesting to think you believe this. On what basis do you state this fact ?.
  14. That's right. Individuals will not have access to particular outcomes. What is important though is that the OFT is made aware of unscrupulous company behaviour so that license revocation is a consideration, and this may be actioned by the OFT with an immediate effect if they feel it suitable. Also while a complaint is formulated against the actions of an organisation they legally have to cease recovery until an investigation has been concluded. You see, it's about the politics of giving a debtor time to get his/her life in order.
  15. Link should not be chasing debtors. As you state they are unlicensed. Let the OFT know.
  16. Put this post up from my phone as a result of reading other posts on this forum. Have now managed to get to a computer to re-edit it properly. OFT Licensing /Recovery Agents (1) Any organisation involved in finance recovery must be OFT licensed. (2) It is a criminal offence to carry out debt activities without being licensed. (3) If you have been failed in the collection process and legalities have not been adhered to, check to see whether the company performing the collection is OFT registered. (4) If they are and you can prove non compliance then submit a complaint to the OFT. (5) The OFT have the power to fine the company and in repeat offender cases, revoke licenses. (Fines can be serious amounts, losing a license can be worse). Halted Recovery / Contested Debt (6) Recovery must be halted by the collection agents if the debt is contested. (7) The contested debt must be reasonably contested, for example; (7.1) incorrect amount attempted to be recovered (7.2) over 1/3rd of the finance paid (7.3) if elapsed time exceeds 6 years (7.4) recovery details sent to incorrect address (7.5) recovery details sent to wrong person (7.6) the debtor has medical issues "I do not like the format of the letter", is simply not a good enough reason to contest. (8) The recovery agent is duty bound (as per OFT license) to ensure all facts are correct and up to date. see 7 above. (9) The recovery agent is duty bound to follow legislative procedure. (9.1) Any default notice must be sent to the debtor to give them time to respond. 14 days is normal. (9.2) Any negotiations or offers received by the recovery agent cannot be ignored by the recovery agent. (9.3) All paperwork can be legally requested by the debtor. The creditor must have this paperwork or if acting for the creditor the recovery agent must have a copy. (10) If you feel that 'strong arm' tactics are or have been used then keep a timed and dated log. Keep all threatening letters. Always call the police for anyone turning up unannounced to recover debt or goods or vehicles. (11) Anyone turning up must have paperwork on them to show who they are, who they work for, and why recovery action is being taken, or must be able to get a copy to you prior to recovery. If not it is possible to report a "potential theft in progress" to the police especially if the recovery agent is attempting to remove a vehicle. Civil / Criminal Action Trespass is a civil tort (civil wrong). This means that to stop a person acting or saying something on a privately owned premises you must seek to get an injunction in court to stop them. Trespass becomes a criminal act if the trespasser commits some damage or assaults you while they are on your private premises. So for this you can have the perpetrator arrested by the police. Action to recover a vehicle on a private driveway will cause the recovery agent to trespass. If the recovery agent has satisfied all legalities and the vehicle is and does become a recoverable item, then it is possible to come onto a property with either a spare key or a seizure notice and either drive the vehicle away or place a seizure notice over the windscreen. Once the vehicle has been removed or the seizure notice has been place then there is no more trespass when the agent removes themselves from the property. Hope this helps. RDR.
  • Create New...