Alf v Barcalycard - RMA - 1st Credit - Connoughts - Now Mack Hall

[spotnot]

Anyone for a little TROLL spotting!!

[bigwolf]

troll spotting?

how do you mean?

[spotnot]

Anyone on here that sticks up for or supports any debt collection agency is known as a troll. Many DCA's read these sites and can post very misleading threads.

 

If you are genuine, post more details about your situation and you will get useful advice.

[bigwolf]

since when was I sticking up for them?? What an insult. I was an amex member for 33 years then they cancelled my card because I missed 3 payments for my min due. I was warning everyone what RMA are capable of then no one is under any illusion they are harmless. You need to retract that statement immediately.

[spotnot]

Not retracting anything. If you have read enough of the threads on this site, you will know that RMA/NCO are pretty hopeless. If they got as far as getting a CCJ against you then you didn't do enough research.

 

Anyway, there are various ways you can get a CCJ set aside.

 

If you want to go down that route, let us know and we can try and help.

[spotnot]

This is detracting from the original thread. If you want help in getting the CCJ set aside, start your own thread and there will be plenty of people willing to help.

 

If I have insulted you, I apologise

[bigwolf]

oh I did my research alright.. The only way you can get a CCJ set aside is when you dispute it at the claim form stage. I had no grounds to dispute my debt at all. I had spent all that money and agreed to the interest rate when I took the card out therefore I couldn't set this aside. Just read a letter also in my huge pile of mail this morning stating they are going for a warrant of execution and this will be issued by the court in due course. help what can I do??

[spotnot]

You can get a CCJ set aside after it has been issued. I am currently going down that road on behalf of a friend who is too ill to do it himself.

 

If Amex added charges to your account the amount on the CCJ will be wrong. That in itself is grounds to apply to get the CCJ set aside.

 

I need to sleep now but I will look into this further for you and will post more tomorrow

 

 

Friends??

 

Spotnot

[dpick]

Hi all bigwolf already reported to mods as RMA clone

 

dpick

[ODC]

not really.. one way or another I have spent amex's money. I got a lot of nice things. The fact of RMA sending me a CCA doesn't change this. I signed and used the card as per T&C's of the card. I now used to owe £7000 I now owe £10500 was warned by RMA. But my own stupid fault I didn't pay any attention. At the time I just laughed at them down the phone, and told them to only deal in writing. At this point they said they would but through their Solicitors Westminsters.. If only I co-operated with RMA I wouldn't be in this mess.

You may or may not have spent the money but unless RMA were able to produce a properly executed CCA then their attempt to get a CCJ could have been successfully beaten, This is not just CAG advice its the law of the land:)

 

BTW I love your line ' one way or another I have spent Amexes money' Those words seem very familiar.

 

Still if you are happy enough to accept a CCJ without RMA actually having to prove you owe the money and that they had a right to collect it then of course thats your perogative but most other people on here will follow proper advice and make your employers (allegedly) comply with the law

[bigwolf]

Why have you done that, I posted this on a lot of threads as I don't want others making the same mistakes I did. Posted on more than one thread to make sure people see it.

[bigwolf]

thnaks ODC, but RMA did provide me with a CCA. Plus is was a Charge card so not under the CCA. They still sent me a copy of my application form. I have already sought legal advice and I was told that if RMA get a warrant of execution then there is nothing I can do. The bailiffs can turn up with the police if need be.

[pt2537]

Why have you done that, I posted this on a lot of threads as I don't want others making the same mistakes I did. Posted on more than one thread to make sure people see it.

 

Bigwolf,

 

you are currently hi-jacking another users thread, if you have information that you wish to share then please start your own thread

 

let me take this opportunity to point out NCO and RMA are beatable as our successes are testament. it is unfortunate that you have found yourself in a position where you have a CCJ against you but if properly defended at the court stage this would NOT have happened

 

lack of a consumer credit agreement is a valid defence and furthermore the vice chancellor stated in the Court of Appeal that where a creditor fails to ensure they comply with the terms of the CCA, any funds given are done so as a gift as the creditor would know they were NOT entitled to recover the monies

 

Regards

paul

[pt2537]

I was told that if RMA get a warrant of execution then there is nothing I can do. The bailiffs can turn up with the police if need be.

COMPLETE RUBBISH, the bailiffs cannot turn up in the way you quote,

 

Bailiffs do not have any powers to force entry in these situations as its only a civil debt, further more the bailiffs so long as they dont get you to sign a walking possession order they cant do diddlysquat

 

with regards to the charge card this is a different situation though as its not regulated by the CCA

[bigwolf]

with respect Paul, I am merely trying to make others aware that from my experience and according to my solicitor RMA have followed the correct procedures, and are right to place the CCJ. RMA could be beaten if they hadn';t followed the law. But unfortunatly they have.

[bigwolf]

if a warrant of executuion is obtained then they are in their right to do this.

[Newborn]

Hi pt2537,

 

Sorry to hi-jack, but can you expand on your comment (post 113) below please:

 

'lack of a consumer credit agreement is a valid defence and furthermore the vice chancellor stated in the Court of Appeal that where a creditor fails to ensure they comply with the terms of the CCA, any funds given are done so as a gift as the creditor would know they were NOT entitled to recover the monies'

 

Thanks ....Newborn

[pt2537]

Wilson v First County Trust Ltd [2001] EWCA Civ 633 COURT OF APPEAL, CIVIL DIVISION

 

SIR ANDREW MORRITT V-C at paragraph 26

 

In effect, the creditor--by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed

terms--must (in the light of the provisions in ss 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift,of the loan moneys to the debtor. The creditor had chosen to part with the moneys in circumstances in which it was never

entitled to have them repaid;

[Newborn]

Thanks pt2537,

 

Hadn't realised it was in that case!

 

Newborn

[pt2537]

Thanks pt2537,

 

Hadn't realised it was in that case!

 

Newborn

 

Ah dont get it confused with the House of Lords rulings, not many people are aware of the CoA judgment as it seems to be on the subscription legal databases only, which i have full access to. the CoA case addressed in great detail the CCA and the relevent parts of the act and the regulations under it and its still good case law as much of the HoL rulings centred arpound the Human Rights Act and its compatability with section 127 CCA 74.

 

it is truly an interesting case to read

[ODC]

thnaks ODC, but RMA did provide me with a CCA. Plus is was a Charge card so not under the CCA. .

If this was not under the CCA then how were they able to produce a CCA. :???:

[ScarletPimpernel]

If this was not under the CCA then how were they able to produce a CCA. :???:

 

All things are possible in the fantasy world of the DCA, as any fule kno. However, if this tale is to be believed, one wonders why Bigwolf didn't do as I did with Amex and RMA - send a complaint about RMA's lies, and then dispute the charge card debt because of penalty charges and a 'file referral fee' that is in breach of the OFT guidance.

[bigwolf]

The File referral fee was in my terms and conditions and so were all the other charges. I had a credit card and a charge card. they sent me a CCA for the credit card, and copy of the terms and cond's for the credit card and the charge card.

 

I am not refusing to pay my CCJ.

[alfwithhair]

Bigwolf

Maybe you should start your own thread as advised before and stop taking up pages of my post with your ramblings.

 

When I require assistance on this post forum members will find it difficult to see the full picture with all your but in posts.

[bigwolf]

ok seeing as you ask so politely.