H.O.L Test case appeal. Judgement Declared. ***See Announcements***

[ncf355]

Hmm

 

Defamation, anybody?

[pompeyfaith]

I thing BF will have to write to that site and make a few things clear

[middenmess]

Hmm

 

Defamation, anybody?

 

Possibly more libellous than defaming.

[royboy68]

Since when has any of this sites mods encouraged anyone to avoid paying debts.

[the_shadow]

Possibly more libellous than defaming.

 

As its talking generally about the definition of a "consumer website" can it be either?

 

S.

[middenmess]

As its talking generally about the definition of a "consumer website" can it be either?

 

S.

 

 

It lists as Examples of most commonly used [consumer websites]

 

Consumer Forums

Consumer Action Group

Blagger.com

Penaltychargesforum.co.uk

Getoutofdebtfree.org

google.info

[the_shadow]

It lists as Examples of most commonly used [consumer websites]

 

Consumer Forums

Consumer Action Group

Blagger.com

Penaltychargesforum.co.uk

Getoutofdebtfree.org

disneyland.info

 

Yep saw that but as this is the law, I was querying if its specific enough to meet the thresholds of defamation and libel as the actual accusations are on a separate page and referring to a general collective of Consumer Forums.

 

S.

[Bigredbus]

Extracted from the CSA's manifesto...

 

• Consumer Websites

Consumer action websites were first introduced as a source of free advice to those consumers in financial

hardship. As society and the granting of credit have changed, so has the focus of these websites.

Various websites now give detailed ‘guidance’ on how to avoid repaying debts (regardless of the merits of

the argument) using inadequately or unclearly drafted sections of the CCA, which is detrimental to those

consumers who are in financial difficulty as well as to commerce as a whole.

 

 

Can be found here:

 

http://www.csa-uk.com/media/editor/file/Manifesto.pdf

Edited November 30, 2009 by Bigredbus
Add link

[royboy68]

Yep saw that but as this is the law, I was querying if its specific enough to meet the thresholds of defamation and libel as the actual accusations are on a separate page and referring to a general collective of Consumer Forums.

 

S.

 

Its a straight statement thats immediately followed by a list of sites. If a remark was made that was libel and then a list of people who would say it was posted, then the site mods would block the post for legal reasons. Whats the difference between them and us.

[noomill060]

Various websites now give detailed ‘guidance’ on how to avoid repaying debts (regardless of the merits of

the argument) using inadequately or unclearly drafted sections of the CCA

Well my POC scared the poo out of Barclays....

[hsbcfiddled]

Looks like we have a new enemy now as well. Follow the link to the CSA workshop. Nice to see that we at CAG are top of their hit list.

http://www.csa-uk.com/media/editor/file/Consumer%20Websites.pdf

 

Reminds me of the "Carry on Cleo" Film:

 

funniest comedy movie line ever: "Infamy! Infamy! they've all got it in for me!" (Kenneth Williams)

 

[Bigredbus]

Reminds me of the "Carry on Cleo" Film:

 

funniest comedy movie line ever: "Infamy! Infamy! they've all got it in for me!" (Kenneth Williams)

 

 

Ah ah ah!

 

ROFL

 

[noomill060]

Yup

 

"Help help, the nasty borrowers are using the law to their advantage- make them go away!!"

 

Muppets.

[hacksaw]

I also read this on the CSA website yesterday:

 

Statute Barred Debt? To collect or not to collect, that is the question?! | CSA News

 

Thanks to my nemesis, the Consumer Action Group website, there is a lot of misinterpretation of statute barred debt, what can and cant be done and the rights of the consumer and DCA.

Another case of defamation/libel perhaps?

 

In essence, providing you work within legislation and guidance, collection of statute barred accounts is a legitimate activity. However, if your debtor has stated that they will not be paying a debt because it is statute barred, these accounts should be closed and your records updated appropriately. This will reduce the number of accounts that could be placed back out for collection or sale, which in turn could lead to complaint and create further issues for the industry in this area.

As if DCAs will stop collecting statute barred debts.

[robnfc]

CSA Members should:

• Conduct business lawfully
  
• Conduct dealings with debtors in a fair and reasonable manner
  
• Maintain a high standard of business practice
  
• Compete in a fair and reasonable manner
  
• Ensure all staff are provided with adequate training
  
• Not discriminate
  
• Protect the reputation of clients
  
• Remit monies collected regularly to clients
  
• Not knowingly misrepresent qualifications, experience and abilities
  
• Handle debt cases in a fair and reasonable manner
  

has to make you laugh

[Bigredbus]

CSA Members should:

• Conduct business lawfully
  
• Conduct dealings with debtors in a fair and reasonable manner
  
• Maintain a high standard of business practice
  
• Compete in a fair and reasonable manner
  
• Ensure all staff are provided with adequate training
  
• Not discriminate
  
• Protect the reputation of clients
  
• Remit monies collected regularly to clients
  
• Not knowingly misrepresent qualifications, experience and abilities
  
• Handle debt cases in a fair and reasonable manner
  

has to make you laugh

 

 

They do make me/us laugh!

 

[InformedSearcher]

well I sent my LBA to Lloyds as they had held my case since the court proceedings began. I couldn't find an email address for complaints department however I could find the one belonging to the CEO.

 

Sent it on Wednesday evening and recieved a letter on Friday morning from the complaints department saying they were looking in to it blah blah blah.

 

So the CEO must have passed it on pretty quickly as the paper copy that I sent to follow up the email was only signed for this morning.

 

Gave them 2 weeks so we shall wait and see what they say and what CAG advice is to do then....

 

You've made me smile!!

 

Okay I had complaints with HSBC and did my MD email long ago. I got a responce in 4 hours(!) however if ayone for a single moment thinks that CEO's actually look at the emails then a new world called 'wish' has evolved.

 

The reality is that CEO's do not get email unless you know their 'real' email addresses. Most probably have hotmail accounts with obvious names such as 'honestjoe', 'Iamforthepeople' (we could go on) and the like.

 

I think your reply of 'complaints department' sums it up. MD's or DEO's simply are not interested with 'trivia' (as they see it) at lower levels and dedicate their time to positively promoting their group company. Put it this way if you got a refund of £50k they'll still not be bothered or even be advised of it. If you can challenge them at an AGM and you get the chance, once done you'll be escorted out. Better still if you can have them on a HoC finance 'interrogation' select committee then you will have scored and earned your gold star!

 

Michael

[angel_1]

hiya all

 

the newspaper ad is a brill idea - i love it will be making enquiries

 

keep happy

 

laters angel x

[Bigredbus]

Could a moderator or well informed 'cagger' clarify the following:

 

I am a modest 'cagger' since 2006... and got my charges back on two occasions (thanks to all the help and advice found on this website).

 

Now, I have been wondering if at anytime, past or present, has anyone from the Consumer Action Group or any other consumer group requested details of breakdown of charges from banks under the Freedom of Information Act 2005?

 

Thanks...

 

[Michael Browne]

FOI Act does not apply to commercial organisations only public bodies

[locutus]

FOI is for access to information held by public authorities, not commercial organizations I thought

Edited November 30, 2009 by locutus
SNAP!

[Bigredbus]

If you own a UK company the Freedom of Information Act will affect you to some degree. Every company is regulated, taxed or licensed by public authorities and many have public sector contracts.

Under the FOIA, unless the information they hold on you is legally exempt, it could be open to the public and your competitors.

And some companies carrying out public functions will eventually be covered by the Act, so will have to open their files to anyone who asks.

(Freedom of Information Act. Guide, news, consultancy.)

[locutus]

OK I think this is what that link is refering to. The only time I used the FOIA was to request some Gatso info for my better half (Women drivers!!). Now Gatso is a commercial organisation, but they work for a public body, so the FOIA extends to them.

[Bigredbus]

OK I think this is what that link is refering to. The only time I used the FOIA was to request some Gatso info for my better half (Women drivers!!). Now Gatso is a commercial organisation, but they work for a public body, so the FOIA extends to them.

 

 

Absolutely!

[Seminole]

If you own a UK company the Freedom of Information Act will affect you to some degree. Every company is regulated, taxed or licensed by public authorities and many have public sector contracts.

Under the FOIA, unless the information they hold on you is legally exempt, it could be open to the public and your competitors.

And some companies carrying out public functions will eventually be covered by the Act, so will have to open their files to anyone who asks.

(Freedom of Information Act. Guide, news, consultancy.)

 

Actually that's a very interesting question. The government has a majority stake in three banks although they are still public limited companies. There is an argument that the FOI does apply but I suspect that they'll disagree in principle and quote commercial confidentiality even if FOI does apply.