Hi, not to sure if this is where I should be asking this question.

 

I've just started receiving letters from a debt collection agency regarding my student loan I took out in 1990 whilst at uni.

I believe you will find that a Student Loan of 1990 was a regulated agreement under the CCA 1974, as opposed to subsequent and more recent loans. Therefore I suggest a s.77 request for a copy of the executed agreement and a full statement might be helpful in the first instance.

HTH

Regards - Richard.

i think you may have mis understood the meaning of this judgement

NO

Who obtained the original CCJ?

 

The reason why i have asked is because the perosn who obtained the CCj cant just pass the account on without courts permission.

 

Se this thread CCJ- dept sold on. for more details

See this:

“Assignment of debt defeated by payment”. A judgment debt sold on is defeated. Also stay of bank charges case.

http://www.wragge.com/analysis_4401.asp

HTH - Richard

The online opt out service is available now:

Remove Me

I've promptly removed myself & my husband, and will be telling all my contacts. It's horrendous. I don't even give my mobile number to some RELATIVES never mind the world!

Elsa x

Excellent link Elsa! If I receive even one sms giving me the contact details of anybody who has searched for me, I shall simply not reply then go ex-d as I will then know I am in the system. In any event, my family all have PAYG mobiles and as our children update we have their hand-me-downs, so the sims are registered with the original subsciber.

Thank you - Richard.

 

Hello Richard!

 

As the above may be hard to track down, I've Posted the Case below, thanks again to you for letting me have a copy of this some weeks ago:

 

No problem BRW; well done for promulgating the case detail. The ratio of Mealing-McLeod is as below being the appropriate authority to cite I would suggest:

"... it is appropriate, in a proper case, to allow a Litigant in Person more time for a particular task than would be allowed to a solicitor. A solicitor's charging rate includes or takes account of the fact that he has support staff, secretaries, messengers and so forth. A Litigant in Person, for example, must himself post letters, take flies to court and photocopy documents." [My emphasis added]

Regards - Richard.

 

It is worth pointing out however that the court will recognise that a LiP will most likely spend more time in a case than a solicitor.

It may assist if I refer you to the following case:

Mealing-McLeod v The Common Professional Examination Board [2000] All ER (D) 436

HTH

Regards - Richard

Business must be very good:rolleyes: No wonder Paul Burdell can afford to live in the most exclusive area of London:

 

Squeeze is good for ‘repo man’ Paul Burdell - Times Online

“A company that buys distress assets is suddenly fashionable - everybody wants to be us,” said Burdell." Not me thank you very much! I thought it was just MPs who are out of touch with public opinion?

It is apparent that the Burdells can afford the planned demolishing and building of their home by perusal of public information from the company reports of LINK FINANCIAL LIMITED and the ultimate owning company in Dublin (LCH EUROPEAN PORTFOLIO HOLDINGS LIMITED – of which MORGAN STANLEY STRATEGIC INVESTMENTS LIMITED is a shareholder). See attached company reports.

It appears from Google photographs (see attached) that Mr Burdell and his wife live at the junction of The Boltons and their next-door cottage is in Gilston Road. The Sunday Times report of 3rd May 2009 was published on Selina Burdell’s 40th birthday as noted from the LINK Company report.

HTH – Richard.

Attached:

SEE ALSO:

LONDON EVENING STANDARD REPORT

US banker joins the underground trend with £10m plan to rebuild his two homes | News

PRESS RELEASE: LINK LAUNCHES THESIS TO ADMINISTER STUDENT LOANS

AfterDawn.com: Press releases: LINK Financial Launches Thesis Servicing - a Brand Dedicated to Student Loan Servicing

4th WORLD FENCA CONGRESS IN NICE, FRANCE 2008 – SPONSORED BY LINK

FENCA - Photo Gallery

Hi, some advice please,

 

I have been written to by capquest, about a suposed debt that is more than 8 years old. I sent them the letter you recommend quoting the limitation act.

I then received an letter from them saying they had received my letter and my account was now on hold for 28 days while they investigated. 28 days later I received another letter stating they were now talking th Egg who they bought the debt from and they would contact me in another 28 days.

Should I just ignore these letters or what? Any advice welcome Thanks

I do not provide advice.

Richard.

 

not really richard ... If it is done before the 6 years is up then the clock starts ticking again.

 

"Not really"? I concur with your assertion that the clock begins again upon admission during either the 6 or 12 year limitation period - as I stated previously.

 

Fraid GM is correct Richard a payment AFTER 6 years is only a token payment & does not make the debt enforceable.

 

A concur JonCris; I did not suggest anything otherwise!

 

Richard is correct, you are both reading his post as covering all situations. He has only referred to contact and the clock within the first 6 years for CCA or 12 years for mortgage.

 

Thank you for your comment MTAR.

In conclusion; I apologise if my clumsy interjection caused any misunderstanding. Off course my opinion should not be relied upon. Nevertheless, simply put it is my understanding that under English law the basic premiss is that a simple contract is actionable up to a period of 6 years from the date of default or one of the parties cease performance or the admission of said default or cessation and a contact under seal is actionable up to 12 years.

Hope this helps.

Richard.

I would just add that the 6 or 12 year periods can begin running again upon the admission of a debt by the debtor i.e. by offering to pay an instalment or, indeed, declining to pay an instalment due to not having the wherewithal. It is prudent to be very careful not to unwittingly admit a debt, particularly towards the end of the initial 6/12 year period as some creditors attempt this or even attribute phantom payments to accounts in order to claim a payment has been made and thus running the clock again.

HTH – Richard

At Last the OFT wake up!!!

 

The Office of Fair Trading: OFT warns debt sector about tracing tactics

 

AC

Another OFT warning for a DCA – “Link Financial Limited”.

http://www.oft.gov.uk/news/press/2009/58-09

Interestingly, while the OFT Requirement refers to debtor tracing, the reference at paragraph “3” to the allocation to reduce an alleged debt by the £1 fee for ss.77 /78 CCA 1974 requests goes someway to recognise that such payments for statutory requests are not only to be accepted as such, they should not be understood to be any admission of an alleged debt by the making of a payment and consequently, possibly, extending the statute barred period for a disputed debt or other alleged debt.

As an aside; the recent practice brought to my attention of DCAs referring in correspondence to debtors as their “Customers” and providing statements of accounts without any payments showing as made is an insidious a practice as are the obnoxious parasitic DCAs.

Finally in update of the sickening practices employed by some DCAs; the 62 year old widow of a deceased friend of mine of some 30 years practising as a colleague who sadly passed away in February this year informed me by telephone late one evening last week that two burly debt collectors (she described them as “Bouncer types”) called at her home demanding £42 for an alleged unpaid E-bay account in her husband’s name. Upon the presentation of her husband’s death certificate, the “Bouncers” asked her to give them £42 plus their collection fees of £220. They very kindly offered to drive her to an ATM to withdraw the funds from the bank account that receives her State Pension, Incapacity and Widows Benefit. Such nice individuals don’t you think? Needless to say; my friend’s window rather astutely referred the “Bouncers” (from an unidentified company) to the Executors of her late husband’s estate.

Regards – Richard.

Subbing, this may be of interest to the thread!

So presumably CITI managed to produce and agree with the OFT a true copy of the credit card T&Cs?

http://www.oft.gov.uk/news/press/2009/45-09

Regards - Richard

So presumably CITI managed to produce and agree with the OFT a true copy of the credit card T&Cs?

http://www.oft.gov.uk/news/press/2009/45-09

Regards - Richard

The transcript of Andrew Mackinleys motion House of Commons Hansard Debates for 22 Apr 2009 (pt 0019)

I have edited Andrew Macinlay’s external links on Wikipedia to highlight his debt collection debate in the House on 22 April 2009.

http://en.wikipedia.org/wiki/Andrew_MacKinlay

“External links

• Andrew Mackinlay speaks out in the House about the debt collection industry being "rotten to the core". 22 April 2009”.
  

Regards – Richard.

I have edited Andrew Macinlay’s external links on Wikipedia to highlight his debt collection debate in the House on 22 April 2009.

http://en.wikipedia.org/wiki/Andrew_MacKinlay

“External links

• Andrew Mackinlay speaks out in the House about the debt collection industry being "rotten to the core". 22 April 2009”.
  

Regards – Richard.

Quotes from the Daily Hansard Parliamentary Debate regarding Debt Collection and the Consumer Credit Act on 22 April 2009 beginning at column 338.

At column 341 Mr Andrew Mackinlay (Thurrock) (Lab) states:

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” [my emphasis added]

At column 342 The Minister for Trade, Development and Consumer Affairs (Mr. Gareth Thomas) states:

“The OFT would expect the debt collection agency concerned to have checked the accuracy of the client data details that it received from the creditor or agency, and, where possible, to have obtained a copy of the original consumer credit agreement.” [my emphasis added]

See the original Hansard publication on the link below:

House of Commons Hansard Debates for 22 Apr 2009 (pt 0019)

HTH

Regards – Richard.

Quotes from the Daily Hansard Parliamentary Debate regarding Debt Collection and the Consumer Credit Act on 22 April 2009 beginning at column 338.

At column 341 Mr Andrew Mackinlay (Thurrock) (Lab) states:

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” [my emphasis added]

At column 342 The Minister for Trade, Development and Consumer Affairs (Mr. Gareth Thomas) states:

“The OFT would expect the debt collection agency concerned to have checked the accuracy of the client data details that it received from the creditor or agency, and, where possible, to have obtained a copy of the original consumer credit agreement.” [my emphasis added]

See the original Hansard publication on the link below:

House of Commons Hansard Debates for 22 Apr 2009 (pt 0019)

HTH

Regards – Richard.

Quotes from the Daily Hansard Parliamentary Debate regarding Debt Collection and the Consumer Credit Act on 22 April 2009 beginning at column 338.

At column 341 Mr Andrew Mackinlay (Thurrock) (Lab) states:

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” [my emphasis added]

At column 342 The Minister for Trade, Development and Consumer Affairs (Mr. Gareth Thomas) states:

“The OFT would expect the debt collection agency concerned to have checked the accuracy of the client data details that it received from the creditor or agency, and, where possible, to have obtained a copy of the original consumer credit agreement.” [my emphasis added]

See the original Hansard publication on the link below:

House of Commons Hansard Debates for 22 Apr 2009 (pt 0019)

HTH

Regards – Richard.

Quotes from the Daily Hansard Parliamentary Debate regarding Debt Collection and the Consumer Credit Act on 22 April 2009 beginning at column 338.

At column 341 Mr Andrew Mackinlay (Thurrock) (Lab) states:

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” [my emphasis added]

At column 342 The Minister for Trade, Development and Consumer Affairs (Mr. Gareth Thomas) states:

“The OFT would expect the debt collection agency concerned to have checked the accuracy of the client data details that it received from the creditor or agency, and, where possible, to have obtained a copy of the original consumer credit agreement.” [my emphasis added]

See the original Hansard publication on the link below:

House of Commons Hansard Debates for 22 Apr 2009 (pt 0019)

HTH

Regards – Richard.

Quotes from the Daily Hansard Parliamentary Debate regarding Debt Collection and the Consumer Credit Act on 22 April 2009 beginning at column 338.

At column 341 Mr Andrew Mackinlay (Thurrock) (Lab) states:

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” [my emphasis added]

At column 342 The Minister for Trade, Development and Consumer Affairs (Mr. Gareth Thomas) states:

“The OFT would expect the debt collection agency concerned to have checked the accuracy of the client data details that it received from the creditor or agency, and, where possible, to have obtained a copy of the original consumer credit agreement.” [my emphasis added]

See the original Hansard publication on the link below:

House of Commons Hansard Debates for 22 Apr 2009 (pt 0019)

HTH

Regards – Richard.

Quotes from the Daily Hansard Parliamentary Debate regarding Debt Collection and the Consumer Credit Act on 22 April 2009 beginning at column 338.

At column 341 Mr Andrew Mackinlay (Thurrock) (Lab) states:

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” [my emphasis added]

At column 342 The Minister for Trade, Development and Consumer Affairs (Mr. Gareth Thomas) states:

“The OFT would expect the debt collection agency concerned to have checked the accuracy of the client data details that it received from the creditor or agency, and, where possible, to have obtained a copy of the original consumer credit agreement.” [my emphasis added]

See the original Hansard publication on the link below:

House of Commons Hansard Debates for 22 Apr 2009 (pt 0019)

HTH

Regards – Richard.

Init funny that's 2 directors of CSA who's firms have been sanctioned by the OFT for behaving badly - doesn't say much for the CSA does it when it's run by this lot

And as you allude to in a post in another place JonCris; MH act for 1st Credit - both impositioned by the OFT!

Best - Richard.

Richard I think if you compare the directors and company officers you may well find a connection.

Thank you ODC for your insight. I have not checked JB out fully as yet or cross referenced other directorships. However I did notice the following as quoted from the J2 Solutions Ltd website:

‘During 2008, J2 achieved two accolades. Gary Jones Managing Director was appointed as a Director of the CSA and in October 2008 J2 Solutions won the inaugural Credit Today award for the “Tracing Agency of the Year”’

So presumably Gary would ensure that CSA members strictly adhere to the CSA Codes of Practice – as attached hereto!

HTH

Richard.

6. MERITFORCE RETURN 08

7. J2 SOLUTIONS LTD RETURN 05

8. J2 SOLUTIONS LTD RETURN 06

9. J2 SOLUTIONS LTD RETURN 07

10. J2 SOLUTIONS LTD RETURN 08

Regards – Richard.

They already go under many different names around the country

I meant the MHall name will become too hot for many finance firms to be associated with. Tarred with the MHall brush firms like Meritfarce and J2 will become just the same. The chiefs will fire the indians and move the wagon train somewhere else. We just need to keep an eye on them.

Oh dear look at this on the JB Recoveries site. Now correct me if Im wrong but JB recoveries are connected to Mackenzie Hall

I can’t see any connection of Mackenzie Hall to JB Debt Recoveries Ltd; however see below public information available with regards to the following:

1. MACKENZIE HALL LIMITED REPORT 220409

2. MACKENZIE HALL LTD RETURN 08

3. MACKENZIE HALL HOLDINGS LIMITED REPORT 220409

4. MACKENZIE HALL HOLDINGS LTD RETURN 08

5. MERITFORCE LIMITED REPORT 220409

SEE NEXT 5 FILES IN FOLLOWING POSTING

6. MERITFORCE RETURN 08

7. J2 SOLUTIONS LTD RETURN 05

8. J2 SOLUTIONS LTD RETURN 06

9. J2 SOLUTIONS LTD RETURN 07

10. J2 SOLUTIONS LTD RETURN 08

You will see that JZ FINANCIAL SERVICES BV (a Netherlands company) is cited in the report of MACKENZIE HALL HOLDINGS LIMITED.

I hope that the lawfully obtained public information promulgated herein is of interest.

Regards – Richard.