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    • Hi Everyone, hope you are all keeping well in this strange new era.   On the 17th Sept, my friend booked a delivery to send a parcel to the USA, a vintage sewing machine. The collection and delivery was booked through MyParcelDeliver.Com, and UPS was the chosen courier. They collected it about four days later.   He paid for additional insurance along with the transportation of the item, to the tune of £128.75.   He packaged the parcel very well, packed with bubble wrap and paper and also styrofoam so that the sewing machine was safe in the box. He placed some plastic wrap over this, and he then sealed the box with tape. He videoed this for the buyer, so she could see how well he had packed the item because they were both concerned about the package being well protected.   The item arrived in the USA a few days later. The buyer instantly notified my friend that the parcel packaging was damaged, showing stress from water and general mishandling, and the item was also damaged in various parts, mainly the casing and the base.   He complained to MyParcelDelivery.Com on the1st October, they responded with 'You need to contact UPS...', which he did and also the buyer contacted them and got a response on the 2nd October.   UPS informed the buyer they would like to come and take a look at the packaging and the item, and this is the last she heard from them, she has called them several times, and always they say someone will call tomorrow and no one calls. She called my friend to ask if he could call them too and chase them up, he is Italian, and though he speaks English generally well, he asked me to talk with them on his behalf because he felt they were not listening to him or that he was missing something.   I spoke with them on the 26th October, they said they had sent my friend an email about this, we checked all of his emails, junk/spam too. There is nothing in there, I asked them to resend it, but nothing has appeared despite them saying they have sent it, we know they have the correct email address because they sent a message on the 2nd confirming they are looking into the claim of a damaged package, they also said they were planning on calling the seller 'again' on the 27th, which of course never happened, which she confirmed with me on the evening of the 27th.   Now it would seem to me that MyParcelDelivery is trying to say it has nothing to do with them, despite the booking being made through them, UPS US are pretending they are doing something but have so far done nothing, and we have heard Zilch from UPS UK.   I would like, if possible, some guidance on how to go about getting this resolved because this is just not right, the agent/courier have had their money, but the seller and buyer have been the victims of poor service and damaged goods.   If anyone could point us in the right direction on how to tackle this and get some redress for this, then I would be most grateful.   Thanks and kind regards   Mr B      
    • From December, NS&I is phasing out posting warrants - a type of cheque - to winners. It instead wants bondholders to provide bank details so it can pay the money into their account. View the full article
    • Hi. As you can probably presume by the time this has been posted, I am annoyed. Long story cut short is we bought a new build, got a professional snagging company to come in and make a list of things that needed doing and am now still in the process of liaising with painters / electricans, etc. There has been significant disruption with arranging to be in to help guide the various workmen, etc, let alone the complexities of Covid to deal with as well as having two small children. Tonight we were up until quite late having to prepare things for a painter to come tomorrow to fix all the awful painting and marks on walls / poor finishes, etc. This has (and has had over the last few weeks) had a knock on effect with being tired, work being affected, let alone sooooo much time wasted on discussing the various elements with the developer (who hasn't argued with any of the painting, poor electrics, etc that has to be done). My question is has anyone ever claimed redress for all the wasted hours that have to be spent on doing things like this because a developer rushed to get a house ready on time?
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Unenforceability Cases on hold until further notice


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Some good info in here AC

 

[ATTACH]13138[/ATTACH]

 

Citizens Advice welcomes the statement in the Guidance that it is a misleading and unfair business practice for businesses to give the false impression that it could obtain a judgment by threatening legal action where it is aware that because of non-compliance it could not obtain a court order to enforce the agreement (paragraph 5.3). This is particularly helpful in situations where businesses that have not complied with ss77 – 79 tell the consumer that, although the agreement may be unenforceable under ss77 – 79, the debt is still recoverable under common law. Presumably, this would also apply where an agreement is unenforceable due to improper execution and the business says that the debt is nevertheless recoverable under common law.

 

Good find Main Man!

 

90:

 

...Nothing in the Regulations (CPUTR's) confers any right on any individual or makes any remedy available to an individual and, indeed, the fact that an agreement with an individual is not void and unenforceable, even if the trader or creditor is in Breach of the Regualtions, points strongly against it having been intended to confer any such right."

 

"...the UK government deliberately excluded any civil law remedies from the Regulations"

 

The OFT/local weights and measures authorities appear to be reluctant to enforce against Banks?

 

What a sorry state of affairs!

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Everytime I come on this thread there are always guests looking in - do you think that (them) they have got the message that this ruling at first sight was a negative but upon reflection as opened more doors and given them (they) less manovering space

 

Boiled I think you are making a leap too far in including s78 it was made clear that he is only dealing with s77

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Yes, the debt still does exist. BUT they have no entitlement to take advantage of any term of the unenforceable agreement.

 

OK, if the agreement didn't say anything about sharing data, would they have the right to?

 

If the agreement gave them the following rights:

  • Receive payments from you of £1000

  • Charge interest at 5%

  • Add Late Fees

  • Share data with 3rd parties

  • sell the agreement

and the agreement is unenforceable, which of those rights, granted by the agreeement, are they allowed to enforce and take advantage of?

 

If they are only not allowed to obtain payment, but are allowed to enforce every other right, then the only this not enforceable would be obtaining payment.

 

HOWEVER, what does the CCA say? does it say that one particular term becomes unenforceable or the entire agreement (a collection of terms)?

 

 

As for us "sharing" data, it is not a right granted by an unenforceable agreement. For companies to share data, they MUST have a contractual right to do so. Additionally, us sharing our experiences and knowledge are not going to stop that company obtaining a mortgage or being employed.

 

H

 

i think you will find that the signed application form often gives the right to share data

 

IMO most of us on here got into trouble BEFORE we started looking for solutions. for my own part i am realistic in my expectations of a satisfactory outcome and for me that doesn;t include getting out of the situation i am in AND having a clear record to be able to get into the **** again

 

thats me- others i accept may have a different view

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i think you will find that the signed application form often gives the right to share data

 

IMO most of us on here got into trouble BEFORE we started looking for solutions. for my own part i am realistic in my expectations of a satisfactory outcome and for me that doesn;t include getting out of the situation i am in AND having a clear record to be able to get into the **** again

 

thats me- others i accept may have a different view

Yes, I agree that the signed application (what most lenders consider the Agreement it seems) gives the contractual right to share data, but if the agreement cannot be enforced, neither can this term.

 

I agree, and I think a distinction I should make is FURTHER data sharing from the point where the creditor becomes aware of the unenforceability is what I have an issue with (unless the agreement was completely iredeemably unenforceable from the start, and is therefore a "gift" relationship and not a Creditor Debtor Relationship).

 

 

This is the whole point H, the CCA does not make it clear & Judge Flaux said exactly that.

The CCA makes it clear that it is the agreement that becomes unenforceable (all the terms, not just one) but it does not specifiy what enforcement is, I'll agree with that.

 

However, what does the word "enforce" actually mean? answer - to take advantage of.

 

 

I hope this kind of makes sense :S

H

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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"HOWEVER, what does the CCA say? does it say that one particular term becomes unenforceable or the entire agreement (a collection of terms)?

 

I think it says that whilst the creditor is in default of its obligations under a s77/79 request the creditor may not enforce the agreement

 

since the judge in this case just made a decision that reporting to a CRA is not considered to be enforcement then it would appear that the creditor has done nothing wrong in reporting to CRA's whilst in default of s77/79!!

 

i think perhaps you are confusing the narrow confines of this judgement with wider aspects

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i think you will find that the signed application form often gives the right to share data

 

IMO most of us on here got into trouble BEFORE we started looking for solutions. for my own part i am realistic in my expectations of a satisfactory outcome and for me that doesn;t include getting out of the situation i am in AND having a clear record to be able to get into the **** again

 

thats me- others i accept may have a different view

 

Not all applications - some only state sharing if they discover fraud of the application and if there is insurance applied for. They do not state on how your account is handled;). Therefore if there is only an application form without prescribed terms and the sharing on your account handling they surely can not process.

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Not all applications - some only state sharing if they discover fraud of the application and if there is insurance applied for. They do not state on how your account is handled;). Therefore if there is only an application form without prescribed terms and the sharing on your account handling they surely can not process.

 

don't know the answer to that one JM- just pointing out that often (but not all as you say) the permission is given and i dont see any clause saying that if credit is not granted then the permission is withdrawn

 

after all even an application for credit is recorded on your cra - and too many in a short space of time will affect your credit score

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I think it says that whilst the creditor is in default of its obligations under a s77/79 request the creditor may not enforce the agreement

Therein lies my point!

 

since the judge in this case just made a decision that reporting to a CRA is not considered to be enforcement then it would appear that the creditor has done nothing wrong in reporting to CRA's whilst in default of s77/79!!

This is why it is a Rankine moment for me... It seems that the Claimants counsel was not well prepared. Even the person who WROTE the act considers Enforcement to be "take advantage of".

 

HOWEVER the judge also considered that, as the creditor was going to correct the default, it would therefore not be useful to grant an injunction preventing the sharing.

 

H

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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How many other test cases are to be heard and when? Hopefully they won't be like this one, surely it will be a different ball game when dealing with an unenforceable CCA.

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Let's look at it another way - when challenged, previously, why were so many companies willing to remove CRA information when the debt was discovered to be unenforceable? Because they know they shouldn't be doing it, that's why. Not a legal basis, but still needs some consideration.

 

I've had about 10 Defaults removed, all because the agreements were unenforceable. Some went to Court, defended against me, but capitulated eventually. (Sadly, 1 remains, as that agreement wasn't irredeemably unenforceable :mad:)

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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However, what does the word "enforce" actually mean? answer - to take advantage of.

 

 

Sorry H, the Oxford dictionary describes 'enforce' as 'to 'compel compliance with (a law, rule or obligation)...'

 

Now, playing devil's advocate - where an agreement is unenforceable, this means that the creditor cannot compel the debtor to repay or comply with any other term of the agreement; however does that also mean that it is reciprocal i.e. the debtor can compel the creditor to abandon all the terms of the agreement? Hmm...:rolleyes:

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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Therein lies my point!

 

 

This is why it is a Rankine moment for me... It seems that the Claimants counsel was not well prepared. Even the person who WROTE the act considers Enforcement to be "take advantage of".

 

HOWEVER the judge also considered that, as the creditor was going to correct the default, it would therefore not be useful to grant an injunction preventing the sharing.

 

H

 

but if you read the judgment the claimant himself accepted that reporting to the CRA did not constitute enforcement-

 

bit difficult for a claimant to get a judge to make a decision opposite to that which he himself accepts i think

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Sorry H, the Oxford dictionary describes 'enforce' as 'to 'compel compliance with (a law, rule or obligation)...'

 

Now, playing devil's advocate - where an agreement is unenforceable, this means that the creditor cannot compel the debtor to repay or comply with any other term of the agreement; however does that also mean that it is reciprocal i.e. the debtor can compel the creditor to abandon all the terms of the agreement? Hmm...:rolleyes:

 

The way I understand the Act, is that the Creditor cannot enforce the debt against the debtor, but the debtor can still use the facility, etc.

 

This is the CONSUMER Credit Act, not the CREDITOR Credit Act, after all. :-|

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Let's look at it another way - when challenged, previously, why were so many companies willing to remove CRA information when the debt was discovered to be unenforceable? Because they know they shouldn't be doing it, that's why. Not a legal basis, but still needs some consideration.

 

I've had about 10 Defaults removed, all because the agreements were unenforceable. Some went to Court, defended against me, but capitulated eventually. (Sadly, 1 remains, as that agreement wasn't irredeemably unenforceable :mad:)

 

i fully agree car, but in this case the claimant made a decision not to contest the validity of the agreement in order to pursue the argument over reports to CRA's

 

so as far as my (untrained) legal eye can see - he shot himself in the foot

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i fully agree car, but in this case the claimant made a decision not to contest the validity of the agreement in order to pursue the argument over reports to CRA's

 

so as far as my (untrained) legal eye can see - he shot himself in the foot

 

indeed. numpty claimant, numpty claimant representative.

 

****ed on his own bonfire, so to speak.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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i fully agree car, but in this case the claimant made a decision not to contest the validity of the agreement in order to pursue the argument over reports to CRA's

 

so as far as my (untrained) legal eye can see - he shot himself in the foot

 

Not sure he had a choice re. the validity DD - he acknowledged it. However I do think he (or his legal advisors) were ill advised to pursue the claim in the way he did. Which is exactly why IMO this case will serve no useful purpose at all except to give the creditors an excuse to muddy the waters with unaware debtors.

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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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indeed. numpty claimant, numpty claimant representative.

 

****ed on his own bonfire, so to speak.

 

I wonder how carefully the copy of the alleged executed agreement sent by RBS in May had been audited for all the possible unenforceability issues and whether the claimant and his representative got sidetracked by the CRA reporting issue.

If this is the case do they still have the opportunity to review the agreement and contest the enforceability if grounds for this are found?

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Tricky you sound like me! consperacy theories indeed. They had no need to doctor just wait for the best opportinity. However I do think the rankalots are a different kettle of fish?

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Sorry H, the Oxford dictionary describes 'enforce' as 'to 'compel compliance with (a law, rule or obligation)...'

 

Now, playing devil's advocate - where an agreement is unenforceable, this means that the creditor cannot compel the debtor to repay or comply with any other term of the agreement; however does that also mean that it is reciprocal i.e. the debtor can compel the creditor to abandon all the terms of the agreement? Hmm...:rolleyes:

Other meanings:

1. The act of enforcing; compulsion.

2. A giving force to; a putting in execution..

3. That which enforces, constraints, gives force, authority, or effect to; constraint; force applied.

 

4.To keep up, impose or bring into effect something, not necessarily by force.

5.To give strength or force to; to affirm

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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I wonder how carefully the copy of the alleged executed agreement sent by RBS in May had been audited for all the possible unenforceability issues and whether the claimant and his representative got sidetracked by the CRA reporting issue.

If this is the case do they still have the opportunity to review the agreement and contest the enforceability if grounds for this are found?

 

seems to me from reading it that the claimant willingly sidetracked it and was blinkered to just the one issue

 

the word Numpty is appropriate i think and as foolishgirl says- did none of us any favoure

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I wonder how carefully the copy of the alleged executed agreement sent by RBS in May had been audited for all the possible unenforceability issues and whether the claimant and his representative got sidetracked by the CRA reporting issue.

If this is the case do they still have the opportunity to review the agreement and contest the enforceability if grounds for this are found?

 

Absolutely, yes.

 

The obligation to provide copy documents under s.77/s.78 endures, even after Judgment has been entered for the debt, so long as there's a remaining balance due.

 

What is interesting about that, though, TD, (which I mentioned earlier, too) is that all my challenges regarding enforceability under the CCA resulted in the remaining outstanding balances being written off, so the Creditors then claimed that there was no obligation to provide copy documents under the CCA as there was no amount owing. This Judgment, IMHO, is going to be used in those instances, where we challenge data recorded with CRA's in that instance - IMHO, they can't report an inaccurate repayment history, (back to DPA issues, but that's another thread and is covered elsewhere) where there never was a legal obligation to repay the debt in the manner agreed. I think this is the issue that this Claimant has focussed on, incorrectly - he should have went for Default removal on the basis that the agreement was unenforceable, which is what I did. (Search "car2403" in thread titles to see my threads) Of course, though, with an enforceable agreement, his point was moot, as they could have just Defaulted him after complying with the Copy Document regs, which is why this is such a bad press for unenforceable agreement claims.

 

I wonder if a CMC was involved, or if his representatives had even read the CCA?

 

:confused:

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

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I wonder if a CMC was involved, or if his representatives had even read the CCA?

 

 

The claimant was represented by Andrew Moran QC & Brendan Burke instructed by MJP Justice Ltd.

 

According ot his website Andrew Moran seems to specialise in:

 

  • General Commercial Litigation with a bias towards all aspects of shipping law
  • Personal injury – including accidents at sea, on offshore installations and in ports & harbours

Andrew Moran has a particular speciality in claims & prosecutions arising from marine and river pollution

  • Financial Services matters
  • Professional negligence with particular expertise in clinical negligence
  • Regulatory matters –arising in Environmental Law & Health and Safety Law

and MLP Justice seem to concentrate on personal injury compensation claims.

 

So that probably says it all!

 

Would you have chosen these people to represent you in relation to a Consumer Credit case??? :-o

 

Wonder if they arrived at court in a boat? And what was its cargo? :D

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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Well he was certainly all at sea on Tuesday! :rolleyes:

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Yes, I also checked out the no-win-no-fee firm and Mr. Andrew Moran QC.

 

by foolishgirl:

 

Would you have chosen these people to represent you in relation to a Consumer Credit case???

 

e.g. would one consult a heart consultant, if one had a sight disorder?

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I won't go into to the why's & wherefore's that's already been done other than to say this judgement is bad law in that a consumer simply exercising their legal rights can be deemed as untrustworthy when it come to obtaining future credit. In other words creditors can form a black list of those who have succeeded in enforcing their lawful rights making it difficult if not impossible for them move on in any meaningful way

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