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    • Hmmm, interesting point. In my career, that I am retired from now, there were an immense amount of rules and regulations that one had to adhere to by law. The qualification process is rigorous with on going assessments throughout your career and re-certification every 12 months. If you were shown to be not competent in those rules and regulations you could not hold the position and the operational consequences of that could potentially be dire. In the same respect, perhaps a judge who is not conversant in the rules of POFA should not sit in on cases that requires proficiency in that area? I also bow to your considerable knowledge in this area, perhaps I shouldn't be commenting but by doing so I find it helps the learning process. Your last point has just reminded me of something that may help my case, thank you.
    • Just had an email re the my breache in agreement by her rep.   I asked you yesterday if they had asked about her name in the thread being removed.   The issue they have is the Elizabeth turner and genetic pups entry on google.   they knew I did not put it up and told them so in court.  I dnt know how to post on google.   I told them I cannot remove what I did not post.  when i come back here and saw her name gone from threads title, I presumed her reps sought it.   now I get an email saying her names still on google ur breaching the agreement as it’s still on google.  
    • Peter McCormack says "ambition is big" and Real Bedford's attendances are increasing with promotions.View the full article
    • How does one obtain the permit? The permit team number is only open between the hours of 9am to 3pm Mon - Fri. It says on the website, To obtain an additional 2 hours, the driver must pay a tariff of £3.00 + booking fees in person at our Security Hut, is that how you get the permit also, from the security hut? What a rigmaroll that would be but maybe just another step to take to try and catch people out?
    • Anotheruser0000 bear in mind that not all Judges are equally versed in the PoFA regulations. Fortunately now most of them are but sometimes a Judge from a higher Court sits in who is well experienced  in Law but not PoFA. and so they sometimes go "offkey" because their knowledge can raise a different set of arguments and solutions. It does seem particularly unfair  when the decision is so  bad . it can also be that in some situations the motorist being a lay person is not sufficiently know ledgeable to be able to counter a Judge's decisions in a way that a barrister could.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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EXPERIAN... The final battle commences


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Can I just ask a question here...This thread and many others discuss the whole "Default" issue and it being a precursor to enforcement etc. But if it was defined under the CCA why are they also being used for other non regulated credit accounts, like CAR's O2 account, bank overdraft accounts even energy accounts? Are these therefore an illegal use of this term, just so commonly used we have all forgotten?

 

Just a question...was thinking about it this weekend

 

It's definately worth considering, but then until the ICO/the CRA's and the Courts take this issue seriously, and the "creditors" stop using unfair processes in dealing with claims, the issue may never come to the fore.

 

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The guidance note by the Information Commissioners Office mentions Current Account overdrafts.

 

Common available products where exceptions (to the common standard) are justified are:

i. Long terms Secured loans

ii. Current Accounts with OD facilities.

 

So in terms of Data Protection Act, it looks like the Information Commissioners Office would allow at least the Bank Account Defaults!

 

BobbyH

 

It depends.

 

In theory at least, if you use an overdraft and default on payments, recording of the negative payment history (and to a lesser extent, the actual default on your CRA file) would be accurate under the DPA.

 

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good luck finlander, an interesting read and thanks for paving the way

 

I think there are no cases for defamation seachable because experian may have settled out of court, just a musing

 

I'm interested in the new lower courts defamation cases, I thought it very unfair that it was always a tort used mainly by the well to do.

 

Barclaycard Student credit card £400 partial refund received, S.A.R -

Open & Direct Finance- extortionate, cca to Rockwell debt collection they ran away, now with Bryan Carter, no cca 17/03/08 sent back to Open

Pugsley v Littlwoods, have not received the signed credit agreement only quoting reg of 1983

Pugsley v Fashion World JD williams, 17/03 2008 Debt Managers returning file to JD williams as they could not supply the credit agreement

Capital one MCOL Settled in full

Smile lba settled in full

advice is given informally and without liability and without prejudice.

 

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:):):)......

 

OK anyone heard of Mr Mills? lets keep a record on here of the employees who write and their tactics and share... bit like they do really...:-D

 

Finlander - here is a photo of the elusive Andrew Mills......

 

A_Mills2.jpg

 

Here is his BIO: Andrew Mills - LinkedIn

 

Hope this helps :-)

A_Mills.jpg

SilverLining.....

There is always light at the end of the tunnel - we just have to beat the CRA's in order to see it...

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I liked this bit:

 

juggling - our credit records??

 

 

hahahahah - well spotted :-)

 

They are juggling with their own careers if you ask me - if A Mills was 'that' good why did he try and worm out of court action (UK26 v Experian)? Hmmm, speaks volumes and to be honest he seems a little undereducated if not underqualified to act in such a post.

 

Freedom of Info suggests Experian had 200 complaints last year, you're telling me that Millsy dealt with each and every one on an individual basis? Not likely - blanket letters anyone......

SilverLining.....

There is always light at the end of the tunnel - we just have to beat the CRA's in order to see it...

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Any news yet ????

 

finlander did say that he would take the Court action required off this thread and wouldn't update it in case it undermined the case as a result.

 

I can only assume a Court claim is underway - suggest you stay subbed to the thread, as I'm sure we'll find out what happened once it's all done.

 

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yes good luck indeed. Very brave of you doing this and await details of how it all went.

 

In meantime if people are bored I came acros a little report by Capital One in response to some DPA questions ... Ministry of Justice has an overall report of all sorts of things the banking lot are tying to do to empower themselves more in relation to sharing of data and cras

 

http://www.justice.gov.uk/docs/Capital-One-Bank-(Europe)-Data-Sharing-Response.pdf

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  • 4 weeks later...
  • 1 month later...
sorry you havnt heard from me for a while. Thanks for al the input here. the fight goes on and we have reached that stage when I have to stop posting details to prevent the enemy knowing the next stage and how not to fall into it.

 

good luck everybody and I wil let you know when the battle is won...

 

 

So do you have an answer for us finlander ??

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  • 1 month later...

Hi

 

I need some help please.

 

My husband defaulted on an car finance due to family problems back in 2006. We agreed reduced terms with online finance and all was well until they decided to sell the debt to Cabot. The default from online finance was registered as satisfied, and all was well for 3 months then I check both our files and Crabot sorry cabot have registered the same debt although balance is more and so is the default date they registered it in October 08 - is this legal can they do this?

Any help would be gratefully appreciated.

Mejules

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VICTORIES TO DATE THROUGH THE HELP OF THIS SITE:

 

1. Littlewoods Catalouge - No pursual of debt & wrote off £4500

2. Three mobile - Debt written off in full, all adverse entries including default removed from credit files, even got an apology from the Chairmans office

3. HSBC Bank - Partial refund for bank charges & claim lodged at court for outstanding charges.

4. HFC Bank - Ongoing - SAR'd in may- Going to register at court for non compliance.

5. Barclaycard - Being very awkward but Ongoing - These are a tricky bunch but they will fold before I do.

 

GOD BLESS CONSUMER ACTION GROUP!

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