Jump to content



  • Tweets

  • Posts

    • Hi.   Have you had a reply from the CEO so far?   I'll post the forum sticky below. Please don't do anything else until the forum regulars can get here to advise you, especially don't appeal to Athena. You've had what we call a speculative invoice, Athena don't have the power to fine you.   The guys should be along later.   HB     PS You need to edit your car reg out of the Athena PCN, to keep this anonymous.  
    • https://www.youtube.com/watch?v=yIafTR3tF9c   Judge ruled that the bailiff had no reasonable belief he was entering a debtor's premises and there was not even evidence of a writ.   Ruled there was no evidence of a NOE sent to the address.   Ruled there was a tort of assualt as the bailiff barged in wearing, in the Judge's words, combat gear.   Ruled there was a tort os 'misuse of private information' by the bailiff by taking photos of the homeowner's documents   More in the link. Case originally discussed here on these boards        
    • I will put some money into the coffers on this site as its well deserved. 
    • Hi all,    I have read all the threads about CLI (Credit limits international) regarding fines from minor traffic offences in Florence Italy but I wonder if anyone actually faced some serious issues by ignoring the letters? Did any bailiffs knocking on the door, any court hearings, credit scores affected etc?   In my case, it is for a traffic offence in Florence and entering a traffic limited zone in 2015. CLI claims that their client is the Firenze Municipale and they are collecting the debt on their behalf. However, I have (as many others) never received the first or any notification from the Italian traffic police itself.  I called them and as stated in many online websites - they confirmed that the final notification is sent by registered post and needs to sent within 360 days of when they received my contact details by the rental company. The most odd thing is that the Firenze Municipale also mentioned that they hold no records of old fines so that makes me really wonder how they can act on behalf of the police when they don't have any records of it? Also worth mentioning is that, there are many errors on the original fine CLI has sent me, there are slightly different amount stated on each page.    If they have bought the debt than it would be fraud by claiming that they act on behalf of a client.   I know many are saying to ignore it and they have no authority to take further legal actions, however they are a member of CSA (note I have spoken to FCA and they confirmed they do not regulate traffic offences so they do not need to be registered there) so I would think they can enforce it.    Does anyone have any experience and how far did CLI take it? I have no problem paying the original fine as I never was notified but they are claiming more than 4 times and I doubt you can negotiate.    Thanks!    
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

Unenforceability Cases on hold until further notice


Please note that this topic has not had any new posts for the last 3982 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Post it here then. :D

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

Link to post
Share on other sites
  • Replies 1.5k
  • Created
  • Last Reply

Top Posters In This Topic

I would if I could remember it all...lol. but here goes

 

This artical is a misrepresentation of the facts. It is not a loop hole in the law, it is the banks not conforming with legislation. Where does it talk about the narrow confines of the ruling i.e. s77 only and that it's concerns are with redeemable unenforceable credit agreements. Also where does it take about the future test cases that may probably overturn this ruling.

 

Thats the general gist or atleast based around this. There are a few other points but for the life in me I cannot remember

 

Now anyone want to take the bet

Link to post
Share on other sites
Now anyone want to take the bet?

 

Nah,...I'll keep my tenner!

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

Link to post
Share on other sites

Links to other sites whether commercial or not are clearly explained in site rules.

Its not a case of engineering moderation as it suits nor targetting specific discussion-the posting guidance is clear for all-and applied to all,theres nothing complicated about that.

What other websites choose to allow or what goes on there is their business-we have our own and members are expected to comply with them.

simple as.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

Link to post
Share on other sites

Is the Mail playing the old good cop, bad cop routine?

 

I think we should be told! :D

Keep the faith. EiE.

 

Capstone Mortgage 'Services' - Sub-prime garbage - unlawful behaviour/MULTIPLE consumer abuse, TOTALLY in Defiance of REGULATIONS and the law

 

http://www.fsa.gov.uk/pubs/final/gmac_rfc.pdf

 

CONTACT CIB Here

 

http://www.insolvency.gov.uk/Complaintformcib.Htm

 

Kevin Hughes(Compliance Manager-main) @ 02920 380 633

 

Lee Jenkins(prosecuting Amany Attia) 02920 380 643

 

Mark Youde(accounts compliance) 02920 380 955

 

Charlotte Allan @ 0207 596 6108 investigating all the Lehman lenders

 

Jeremy Pilcher 0207 637 6231

 

NO KAGGA LEFT BEHIND...

 

"We would not seek a battle, as we are; Nor, as we are, we say we will not shun it"

Link to post
Share on other sites

Numerous posts have been removed from this thread due to being "off-topic", please ensure that future posts on this thread relate to the discussion of issues regarding the test case as outlined by the opening poster.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

Link to post
Share on other sites

Interesting point in this case where Mr Justice Flaux said in paragraph 60

 

In a number of such cases, the courts have recognised that, although the statute may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist, even if unenforceable by the creditor

 

Maybe one to quote at Cabot when they claim to have assigned the rights but not the duties?

Live Life-Debt Free

Link to post
Share on other sites
Interesting point in this case where Mr Justice Flaux said in paragraph 60

 

 

 

Maybe one to quote at Cabot when they claim to have assigned the rights but not the duties?

 

Wasn't Rankine using this argument so he could 'buy' peoples debts before the MoJ cancelled his registration.

Link to post
Share on other sites

"In a number of such cases, the courts have recognised that, although the statute may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist, even if unenforceable by the creditor"

 

 

But what exactly does it mean......?

Link to post
Share on other sites
"In a number of such cases, the courts have recognised that, although the statute may render the agreement unenforceable, the agreement remains a valid and subsisting contract and rights and obligations under it continue to exist, even if unenforceable by the creditor"

 

 

But what exactly does it mean......?

 

It's semantics.

 

No company is going to allow an unenforceable debt to exist on there books. It would be very damaging to their portfolio, overall, as what will they do if you don't pay? Ask nicely?

 

Pah!

 

If a debt is declared unenforceable, it's generally written off and not pursued.

 

The Judge is talking about the effect on the contract between the parties, where the debt is declared unenforceable. Of course, there is still a contract, as there are rights and obligations, but they cannot be enforced by a Court. As a Court is the last avenue to enforce rights and obligations, there's little value in keeping an enforceable debt on the books. In fact, there's more value in writing it off, as there is tax implications and HMRC should really focus on that, IMHO.

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

Link to post
Share on other sites
there's little value in keeping an enforceable debt on the books. In fact, there's more value in writing it off, as there is tax implications and HMRC should really focus on that, IMHO.

 

I wish they did.

LIBM

Link to post
Share on other sites

When a creditor charges an account off, does it get tax relief on the whole amount of the loss?

 

ie: if Sharkleys charges off £4000, do Sharkleys get to keep hold of £4000 they would otherwise have had to pay to HMRC?

Link to post
Share on other sites
When a creditor charges an account off, does it get tax relief on the whole amount of the loss?

 

ie: if Sharkleys charges off £4000, do Sharkleys get to keep hold of £4000 they would otherwise have had to pay to HMRC?

 

no it would not work like that

 

i think it works in that a bad debt or unenforceable debt could be tax deductable for a creditor???

 

e.g

 

lender A makes 1m pre-tax profit

 

lender A writes off 200k in bad debts

 

lender A has a tax liabilty on 800k

Link to post
Share on other sites
When a creditor charges an account off, does it get tax relief on the whole amount of the loss?

 

ie: if Sharkleys charges off £4000, do Sharkleys get to keep hold of £4000 they would otherwise have had to pay to HMRC?

 

unless I am mistaken the 4k would go down as a loss in their profit and loss account so whatever profit they make will be reduced by 4k so they pay corporation tax on 4k less

Link to post
Share on other sites

OK here I am going to post something about UCA,s considering I work for one of the major claims companies in this field.

 

People are mentioning a company called Ultimate Law they have one of those freebie websites something like ultimatelaw.synthasite.computer take the end off you will find it Daniella Lipszyc is the director

She has some type of beef with a company she used to work for and is blowing everything out of all proportion.got herself in the news about it

 

Fact is claims are not on hold (Trust me I would know) but it is a good way for her allegedly to damage another business and make herself look good.

 

I am not saying that Judges have mentioned the case that credit agreements could be stayed.... Perfectly honest I cannot see how they could do that. there are over 400 lenders from before that timed deadline with approximalty 10,000 types of agreements.

 

From Experience the easiest credit agreements to get rid of are credit cards . The success rates are massive with about 80% of lenders at the 100% meaning totally screwed.

 

The one thing I have noticed on websites arround the UK is no-one really knows what makes them unenforcable.... Yes prescribed terms breaches but how do you figure out what is a breach and what is not ,

 

Claims companies use a three tiered system

1- Prescribed Terms Breach = Uneforcable

2 - Technical Breaches = A gamble

3- No Breaches = Enforcable Agreement.

 

What disturbs me a little is the recent news of a RBS case where RBS won and damaged the credit of the debtor this is purely sad the loan agreement in question should not have been taken to court. The company I work for would not have done so as the success rate is only arround the 40% mark as they are always technical breaches

 

I hope this gives you a little insight to what is happening

Link to post
Share on other sites

Who dropped the clanger then? Why was it ever taken to court? You would think something this important would be deeply scrutinised by the legal seagulls before it got that far. RBS must have thought it was xmas.

 

regards

Link to post
Share on other sites

Who dropped the clanger then? Why was it ever taken to court? You would think something this important would be deeply scrutinised by the legal seagulls before it got that far. RBS must have thought it was xmas.

Link to post
Share on other sites

Please note that this topic has not had any new posts for the last 3982 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...