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    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. Anyway I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
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Inside a DCA!


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Ok hears on for u.

 

Studio cards.

 

They have not provided a enforcable CCA and dont accept the it is not enforcable. The agreement is NON cancable and they have just passed this to a dca which i suspect is there in house one.

 

Where do i stand on this?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Ok hears on for u.

 

Studio cards.

 

They have not provided a enforcable CCA and dont accept the it is not enforcable. The agreement is NON cancable and they have just passed this to a dca which i suspect is there in house one.

 

Where do i stand on this?

 

How can an agreement be non-cancellable if they don't have the agreement? :confused:

 

In theory, they only have to supply the CCA if they have one - by not supplying one, it's in default of the request so is unenforceable until they do, which means they can't argue it's not enforceable because of s.77(4) and s.78(6).

 

Nothing stopping them passing the debt to a DCA, as the enforceability of the debt is nothing to do with it's existance.

 

What you need to do is ensure the DCA is aware of the lack of agreement, so they will (hopefully!) send the debt back, and make a formal complaint to the OC (and the DCA if they don't send it back) then escalate it to the FOS/TS, or Court, if you fancy.

 

Don't forget s.10/s.12 DPA as well. ;)

 

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Agree 100%. If it had not been for the greed and unspeakable behaviour of the DCAs I would never have found CAG and would have probably still been paying them. In my case they seemed unable to differentiate between 'can't pay' and 'won't pay' and instead of letting them ruin my life, I turned the tables:grin:

 

Snap!

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How can an agreement be non-cancellable if they don't have the agreement? :confused:

 

In theory, they only have to supply the CCA if they have one - by not supplying one, it's in default of the request so is unenforceable until they do, which means they can't argue it's not enforceable because of s.77(4) and s.78(6).

 

Nothing stopping them passing the debt to a DCA, as the enforceability of the debt is nothing to do with it's existance.

 

What you need to do is ensure the DCA is aware of the lack of agreement, so they will (hopefully!) send the debt back, and make a formal complaint to the OC (and the DCA if they don't send it back) then escalate it to the FOS/TS, or Court, if you fancy.

 

Don't forget s.10/s.12 Data Protection Act as well. ;)

 

 

There letter states they have supplied a sample credi agreement which on it says it is not cancable.

 

I have sent the dca a letter bu not heard anything yet. if u look on my studio have peed me off thread, link will be posted, then u will see what i mean.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1345154.html

 

look at the agreement paragraph thats say cancellation rights.

Edited by The GodMother

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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By passing the alleged debt to a DCA they HAVE started enforcement which as they have yet to comply with your CCA request is unlawful & a breach of the OFT guidelines even the OFT & LACORS now agree that to be the case

 

& that's not all as any DCA who attempts to recover debts without a valid agreement may find themselves the subject of criminal charges under the 2006 Fraud Act

 

& if you don't believe me ask Shoosmiths Solicitors who seem to understand the law somewhat better than some in the debt collection industry

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& that's not all as any DCA who attempts to recover debts without a valid agreement may find themselves the subject of criminal charges under the 2006 Fraud Act

Hi Joncris, Can you give any more details of this please, or perhaps a link to read more about it. This sounds very promising. Thanks for mentioning it. Patma

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Passing a debt to a DCA isn't a form of enforcement, just as issuing a Default Notice isn't a form of enforcement neither, in my court experience and IMHO.

 

If all this is brought to the DCA's attention, they should return the debt to the OC and cease collection activity - otherwise I'd agree they are as reckless in applying their obligations as the OC is.

 

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Passing a debt to a DCA isn't a form of enforcement, just as issuing a Default Notice isn't a form of enforcement neither, in my court experience and IMHO.

 

If all this is brought to the DCA's attention, they should return the debt to the OC and cease collection activity - otherwise I'd agree they are as reckless in applying their obligations as the OC is.

 

It is now car

 

The OFT & LACORS have now agreed what was always bleeding obvious

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JC. I cant see anything stating Misreprensation

 

This is what it says.

 

Fraud

1 Fraud

2 Fraud by false representation (could it be this one)

3 Fraud by failing to disclose information ( this one)

4 Fraud by abuse of position (this one)

5 “Gain” and “loss”

6 Possession etc. of articles for use in frauds

7 Making or supplying articles for use in frauds

8 “Article”

9 Participating in fraudulent business carried on by sole trader etc.

10 Participating in fraudulent business carried on by company etc.: penalty (defo think this one)

Obtaining services dishonestly

11 Obtaining services dishonestly

Supplementary

12 Liability of company officers for offences by company

13 Evidence

14 Minor and consequential amendments etc.

15 Commencement and extent

16 Short title

Schedule 1 — Minor and consequential amendments

Schedule 2 — Transitional provisions and savings

Schedule 3 — Repeals and revocations

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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thanks JC not feeling to good so eveything looks the same.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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yeah same ere i just feel run down

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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She's got a new baby, 36_2_84.gifwhat d'you expect Sarah?

 

 

Too little sleep, too many hormones. Been there - it's hell but all worth it in the end. Take care GM... :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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She's got a new baby, 36_2_84.gifwhat d'you expect Sarah?

 

 

Too little sleep, too many hormones. Been there - it's hell but all worth it in the end. Take care GM... :)

 

WOW, that's wonderful, I didn't know - I went through all that just being a grandparent :p Congratulations Godmother Brilliant news - (doesn't mean we still don't need you though, baby's got to get into the pecking order)

 

Best moment in my life having a son - it's happiness here-on-in well done.

 

 

Sarah

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We get at least 8 hours a night so thats not the problem. Yes this is how it has been since birth.

 

Full of Flu like sysptoms and general feeling like po. Glad the eldest has been taken of our hands for a few days inlaws are wonderful when offering help but not at other times.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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a bit better i have the reason why i felt like po. iam anemic on medsw now but will take a few days to kick in so should be back to some type of normal soon. the bad side is i am now back on iron tabs was on for 3 years last time.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Glad to hear you've found the cause GM even if the remedy is yuk. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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a bit better i have the reason why i felt like po. iam anemic on medsw now but will take a few days to kick in so should be back to some type of normal soon. the bad side is i am now back on iron tabs was on for 3 years last time.

 

sorry to here you are not feeling to good chrissi you could do with few classes of guiness gives you plenty of iron :lol: we need you to get better missing your advise hows jorga :) what would we do with out our mortherinlaws :) take care

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