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    • Update on this for you:   Quick reminder, I wrote to Ford Finance for the SAR, and I also wrote to Link (again) requesting a breakdown of the alleged debt and how it was calculated. I have since had two identical letters from Link at the beginning of October just saying I owe them £628.83, but nothing addressing the alleged debt calculation/explanation whatsoever.   At the same time as the above letters, I also contacted Experian to refute the default on my credit record that Link had placed there. Experian have emailed to say they contacted Link and have had no response from them within 28 days regarding this, so Experian have suppressed this information from my report.   The SAR reply from Ford Finance has arrived. The £628.83 charge shows on the SAR comprising as "£14.99 D/Charge" (whatever that is), and "XS mileage £612.84", apparently worked out pro-rata.   As ever, any advice or comments most gratefully received as to how to proceed.   Thanks.    
    • Ok, so I would just ignore demands from ARC for now.   See what they do over the next few weeks and keep us posted ...........
    • click create in the top red banner   dx  
    • ok but that doesn't give us dates.....  
    • DD cancelled roughly a month after they stopped taking payment. Last used the gym a day before they closed. Used it almost daily. 
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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.
       
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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.
       
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      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.
       
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      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.
       
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Unenforceability Cases on hold until further notice


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fantastic post, well done sir.

 

one of the best, most informative posts i have read in a long while.

 

can i ask, how do you know all this? are you using a CMC?

 

Thanks for your comments, I have been in the financial arena some 25 years and currently work as a paralegal in a Claims Management Company ,, hope this answers your question,,,, I also have some of my own websites about different legal cases

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Thanks for your comments, I have been in the financial arena some 25 years and currently work as a paralegal in a Claims Management Company ,, hope this answers your question,,,, I also have some of my own websites about different legal cases

 

good stuff, what do you make of this new tactic employed by the lenders whereby they will use witnesses who will swear to having seen the original executed agreement and thus getting around non disclosure and even blagging bad agreements using this same tactic...

 

surely this just won't wash, will it?

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You need to do a bit of research before the 23rd Ste

 

For a start its no longer an offence if not supplied within 30 days.

 

Getting an agreement out of a creditor is very often like getting blood from a stone and if you do and its a credit card the total amount for credit is irrelevent.

 

If the creditor can prove a debt, agreement or not, as this thread will show at the moment they can report the information to the CRA's

 

I will leave it there and I do not want to discourage you from taking on the Halifax. I hope they settle out of court but not knowing too much about the case itself I am just pointing out that based on your post above I would not count my chickens and have a well prepared case ready.

 

Pedross

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You need to do a bit of research before the 23rd Ste

 

For a start its no longer an offence if not supplied within 30 days.

 

Getting an agreement out of a creditor is very often like getting blood from a stone and if you do and its a credit card the total amount for credit is irrelevent.

 

If the creditor can prove a debt, agreement or not, as this thread will show at the moment they can report the information to the CRA's

 

I will leave it there and I do not want to discourage you from taking on the Halifax. I hope they settle out of court but not knowing too much about the case itself I am just pointing out that based on your post above I would not count my chickens and have a well prepared case ready.

 

Pedross

 

have they repealed that part of CCA 74 which gives the lender X number of days to comply?

 

don't think so.

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good stuff, what do you make of this new tactic employed by the lenders whereby they will use witnesses who will swear to having seen the original executed agreement and thus getting around non disclosure and even blagging bad agreements using this same tactic...

 

surely this just won't wash, will it?

 

No it wont I will post a true case story on here about that exact subject

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have they repealed that part of CCA 74 which gives the lender X number of days to comply?

 

don't think so.

 

I am not trying to disagree with Ste just trying to help with the case being so close.

 

It used to be a criminal offence after 30 days but not any more.

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I am not trying to disagree with Ste just trying to help with the case being so close.

 

It used to be a criminal offence after 30 days but not any more.

 

are you citing the mcguiffick case on this.... not heard about it effecting all cases, the judge clearly said each case will be viewed on its own meritocracy

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are you citing the mcguiffick case on this.... not heard about it effecting all cases, the judge clearly said each case will be viewed on its own meritocracy

 

nothing to do with this case

 

the offence bit was done away with a while ago- it was never enforced anyway!!

 

i would have thought that someone dealing with this issues for 25 years would be up to speed on this

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are you citing the mcguiffick case on this.... not heard about it effecting all cases, the judge clearly said each case will be viewed on its own meritocracy

 

The section of law we are talking about

 

78.—(1) The creditor under a regulated agreement for running-account credit, within

the prescribed period after receiving a request in writing to that effect from the debtor

and payment of a fee of £1, shall give the debtor a copy of the executed

agreement (if any) and of any other document referred to in it, together with a

statement signed by or on behalf of the creditor showing, according to the information

to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the

creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw

further on the account, will later become payable under the agreement by the

debtor to the creditor.

(2) If the creditor possesses insufficient information to enable him to ascertain the

amounts and dates mentioned in subsection (l)©, he shall be taken to comply with that

paragraph if his statement under subsection (1) gives the basis on which, under the

regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by

the debtor, or

(b) a request made less than one month after a previous request under that

subsection relating ~o the same agreement was complied with.

(4) Where running-account credit is provided under a regulated agreement, the

creditor shall give the debtor statements in the prescribed form, and with the

prescribed content

(a) showing according to the information to which it is practicable for him to

refer, the state of the account at regular intervals of not more than twelve

months, and

(b) where the agreement provides, in relation to specified periods, for the

making of payments by the debtor, or the charging against him of interest

or any other sum, showing according to the information to which it is

practicable for him to refer the state of the account at the end of each of

those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period

after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

(7) This section does not apply to a non-commercial agreement, and subsections

(4) and (5) do not apply to a small agreement.

48

79.—(1) The owner under a regulated consumer hire agreement, within the prescribed

period after receiving a request in writing to that effect from the hirer and payment of

a fee of £1, shall give to the hirer a copy of the executed agreement and of

any other document referred to in it, together with a statement signed by or on behalf

of the owner showing, according to the information to which it is practicable for him

to refer, the total sum which has become payable under the agreement by the hirer but

remains unpaid and the various amounts comprised in that total sum, with the date

when each became due.

(2) Subsection (1) does not apply to—

(a) an agreement under which no sum is. or will or may become, payable by the

hirer, or

(b) a request made less than one month after a previous request under that

subsection relating to the same agreement was complied with.

(3) If the owner under an agreement fails to comply with subsection (1)~

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(4) This section does not apply to a non-commercial agreement.

 

 

 

Chapter and Verse !

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nothing to do with this case

 

the offence bit was done away with a while ago- it was never enforced anyway!!

 

i would have thought that someone dealing with this issues for 25 years would be up to speed on this

 

dick, that was steeq with the 25 yrs experience

 

and it was me querying not him

 

i sometimes get the feeling that we are not all on the same side here.... i sense fishing from the opposition at times

 

and a mighty strong sense of it to boot.

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dick, that was steeq with the 25 yrs experience

 

and it was me querying not him

 

i sometimes get the feeling that we are not all on the same side here.... i sense fishing from the opposition at times

 

and a mighty strong sense of it to boot.

 

i was referring to the post from steeq

 

and if i am honest i was trying to urge caution when accepting such detailed advice from a new poster (sorry steeq) as you should always have in mind that a brand new poster MIGHT not be what they seem

 

sorry steeq - just an inbuilt safety system- i hope you stay around and prove valuable to us all

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nothing to do with this case

 

the offence bit was done away with a while ago- it was never enforced anyway!!

 

i would have thought that someone dealing with this issues for 25 years would be up to speed on this

 

when was this done away with, any offical repeal notification from the judiciary?

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nothing to do with this case

 

the offence bit was done away with a while ago- it was never enforced anyway!!

 

i would have thought that someone dealing with this issues for 25 years would be up to speed on this

 

diddy ,,,,, Offence can relate to either criminal or civil yes it is largly ignored but is still the law, that has not changed..... only the 2006 act changes everything the reason why agreements are only dealt with pre April 2007 The opt out for the creditor is to write the credit off without admiting anything.

 

Someone was mentioning my case on the 23rd this is unrelated about a block on a debit card , I have done m research,,,,,, 5 months of it.My case is very valid.

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I will repeat again I am not trying to disagree with anyone.

 

In fact Ste is absolutely right, it was an offence in 1974.

 

I help those I can and I can do no more than that. You carry on Diddy I'm off to bed. You're the real night owl:)

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diddy ,,,,, Offence can relate to either criminal or civil yes it is largly ignored but is still the law, that has not changed..... only the 2006 act changes everything the reason why agreements are only dealt with pre April 2007 The opt out for the creditor is to write the credit off without admiting anything.

 

Someone was mentioning my case on the 23rd this is unrelated about a block on a debit card , I have done m research,,,,,, 5 months of it.My case is very valid.

 

hi,

 

well i beg to differ but i am pretty sure that failing to comply with a s77/79 request within the timescale (12 days) is NOT an offence- civil or otherwise

 

however i will happily show my arse in burtons window if i am not correct!

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I will repeat again I am not trying to disagree with anyone.

 

In fact Ste is absolutely right, it was an offence in 1974.

 

I help those I can and I can do no more than that. You carry on Diddy I'm off to bed. You're the real night owl:)

 

dont forget to cocoa before you put your jimjams on- you dont want stains on them in case you get taken to hospital (according to my mum):D:D

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I will repeat again I am not trying to disagree with anyone.

 

In fact Ste is absolutely right, it was an offence in 1974.

 

I help those I can and I can do no more than that. You carry on Diddy I'm off to bed. You're the real night owl:)

 

July 31st 1974 - April 6th 2007

 

Hence CMCs always look for pre 6th april agreements, so if a lender does not comply within the 30 days ( always thought it was 28 ) they ARE commiting an offence

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30 days yes - (my mistake) however the act relates to when the s77/79 application was made - NOT the date of the agreement that the application refers to!!

 

since it is now 2009 it is a request made after the offence part was removed

 

interesting, as most CMCs, and i have seen about 20 different sets of CMC application forms, still include on the sec 77/78 request forms that it is an offence if not complied within time periods.

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hi,

 

well i beg to differ but i am pretty sure that failing to comply with a s77/79 request within the timescale (12 days) is NOT an offence- civil or otherwise

 

however i will happily show my arse in burtons window if i am not correct!

 

Burtons Windows here you come,,,,,, Never been an offence within 12 days + 2 and never said that. Only at that point not enforcable,,, only if the default continues for a month does the offence come into play,,,,, civil or otherwise.....

 

2006 act which is an amendment to the CCA74 changes it all ,,,comes into force April 2007 but is for agreement on of after that date ,anything from before is 1974 act

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