me & the OH's debt

[lickthewallfatboy]

We're all aware of the lowlife banks and CC companies referring us to experian and equifax and the like when we miss payments etc....

 

Is there anything to stop us doing the same to them when they reject firstly our request for repayment,secondly the LBA and the fact that they have had to be taken to court because they have defaulted?

 

If everyone here could do that it would really wind them up.Don't know if it's viable,but it would be a right laugh if we could.....

[lickthewallfatboy]

Despite repeated letters to CITI to stop phoning us,the calls persist and we have had enough.Trading Standards have been alerted,but we would like to take legal action against them.

 

Which court do we use?Small claims,county??

 

We have been logging calls to use against them,and I know we will have to lodge a complaint with the police,but if anyone can give us any legal pointers,that would be a great help.

 

thanks

[lickthewallfatboy]

thanks-it's off to the cop shop then.....

[lickthewallfatboy]

why don't we start our own DCA's,and buy up all our debts for 10p in the pound and then bin them!!

 

DCA's seem to be able to buy them for that rate and then proceed to make everyone's life a misery.....

 

let's set up our own and wipe out a ton of debt!!

[lickthewallfatboy]

LACORS - Subject Content Details

 

this is the text of the download file on the site-

 

Information Commissioner's Office - England

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

 

9 March 2006

 

 

 

Dear Sir/Madam

 

Information Commissioner's Opinion re: Unenforceable Credit Agreements and Credit Reference File Default Entries

 

LACORS (the Local Authorities Coordinators of Regulatory Services) provides advice and guidance to help support local authority regulatory and related services. It was set up in 1978 to coordinate the enforcement activities of trading standards. Since 1991, LACORS has also worked on food safety and is currently responsible for a range of other regulatory and related services.

 

LACORS is a local government central body created by the UK local authority associations which comprise of the Local Government Association (LGA), Welsh Local Government Association (WLGA), Convention of Scottish Local Authorities (COSLA) and Northern Ireland Local Government Association (NILGA).

 

LACORS Consumer Advice and Education group is seeking clarification of the Information Commissioner's opinion on the issue of defaults being noted on credit reference files where a creditor has accepted that an agreement is unenforceable.

 

A specific example of this type of case would be where a catalogue company has supplied goods to a consumer on credit without entering in to the required credit agreement with the consumer. The consumer has made some repayments (certainly enough to cover the cost of the goods received but not enough to cover all interest and charges) but has been advised that the agreement is unenforceable and has therefore informed the trader that she will not make any more payments on the account. The trader has conceded that there is no enforceable agreement but is threatening to make a default entry on the credit reference file.

 

The opinion of LACORS is that where a creditor accepts that an agreement is unenforceable against a consumer they should not be permitted to 'punish' the consumer by placing a record of the 'default' on their credit reference file. To do so would be unfair and unreasonable. It would also lessen the impact of the provisions of the Consumer Credit Act which make it clear that a creditor should not be allowed to enforce a credit agreement where the agreement is improperly executed.

 

In reaching this opinion LACORS have taken note of the Information Commissioner's instruction (reported in "Which?" September 2003) that On:line Finance Ltd should remove a default notice that the company had placed on a consumer's file despite their decision that it would be uneconomical to take the matter to court.

 

As there seems to be some inconsistency in the advice received from the Information Commissioners helpdesk we feel it would be beneficial for trading standards departments, consumers and businesses to have written guidance from the Information Commissioner on this issue which can be circulated to consumer advisors nationally and ensure consistent advice on this issue in future.

 

 

Yours sincerely

 

 

 

 

Margaret Humphreys

Policy Officer – Consumer Credit

LACORS

 

 

I wonder what the response from ICO was.....????

[lickthewallfatboy]

I came across this while poking around about unenforceable debts on the web....

 

Consumer Debt - UK Business Forums - business help and advice for owners, managers and entrepreneurs of small businesses and startups

 

 

As people may be aware that Banks often sell consumer debts onto other companies such as unpaid loans, bank accounts etc.

 

Now I have been working on this all week and ripping my hair out as it’s still not very clear on what the options are.

 

There is a personal debt with Barclays Bank of which sold the debt to a company called Lowell Group.

 

Lowell has confirmed they have purchased the debt of £18,00 from Barclays in 2005 and have only just informed me of doing so.

 

Now after doing some research, it appears they are only licensed to do the below

 

Registration Number: Z8222569

 

The tracing of consumer and commercial debtors and the collection on behalf of creditors. The purchasing of trade debts, including rentals and instalment credit payments, from business.

 

 

Now it does not mention purchasing of consumer debts, and this now as me thinking…..if they are not licensed then both Barclays (for allowing, and Lowell for Purchasing ) have acted illegally.

 

And if my understanding is correct, this means the debt is now considered legally (not recoverable)

 

 

Information Commissioners - Data Protection Register - Entry Details

 

(Lowell's registration at the ICO)

[lickthewallfatboy]

something must be able to be done if they are not licensed to pursue an individual's debt

[lickthewallfatboy]

why is it that it seems that all "protective legislation" ends up protecting the wrongdoers while hanging the consumer out to dry?

[lickthewallfatboy]

 

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid.

Be aware that named people on accompanying letters are not part of the Statutory Demand - only those on the Demand itself are valid.

Important - make notes of dates/times you try to call the named person on the statutory demand, togerther with the name of the person that you spoke to and a note of what was said.

 

Statutory Demand

 

 

 

 

I don't know if this has been picked up on before,but there you go.Found it on an insolvency website

[lickthewallfatboy]

Marlin have been hounding me for an"alleged debt" since the end of last year.I wrote asking them to prove what I allegedly owed,as I hadn't a clue who they were....

 

They first asked for a specimen of my signature(ahem)

 

Request ignored....

 

They then issued a court threatogram,which was rebuffed by an equally,if not more effective threatogram from this end......

 

They are now nicely asking for a driver's licence,passport or something else which will officially confirm my signature and date of birth,because-wait for it-

 

 

"if they sent me a copy of the CCA and I wasn't actually the person they were in the belief was their customer they would be breaching the Data Protection Act...."

 

wipes expelled coffee and cornflakes from kitchen table after recovering composure from humour overload......

 

oh dear......:grin:

[lickthewallfatboy]

thanks!

 

the thing is,all I've ever got is threatograms-no statements,nothing!!

[lickthewallfatboy]

I think it's clear they are clutching at straws....I'm just wondering if they have ever given up and admitted defeat to a "customer"?

[lickthewallfatboy]

you know something?Me and the better half were just discussing that very possibility about 5 mins ago

 

Imagine the brown stuff that would hit the extractor if an "agreement" came back with a wrong signature on it???

[lickthewallfatboy]

what are threatograms?

 

CAG slang for threatening missives from DCA's and the like....

 

RMW-it certainly is tempting-or would it be classed as "entrapment"?

 

because if it wasn't,it would leave them open to investigation for fraud

[lickthewallfatboy]

don't worry-give it a few days/weeks and you'll surprise yourself,believe me!!

[lickthewallfatboy]

Possibly it would be 'entrapment' but unless you want them done for fraud I don't think it would matter too much. They would certainly not be able to chase any alleged debt after their 'error' was pointed out to them.

I've actually been hoping that one or more DCAs would do something similar to me because I've been quite openly using my ordinary signature on everything - but my name has changed in the meantime. . .

 

 

I wonder what some of the more legally inclined members think??

 

Is this an opportunity to be grasped,or just let them steam.......

[lickthewallfatboy]

just got letters back from the above....

 

Co-op Visa is an illegible application form from many years ago,and of course has no prescribed terms.....and they tell me thay are farming over £3k of debt out to a DCA....I have news for them-no they aren't!! LOL

 

HFC admit to being "unable to find my legal agreement" and sent me the last 6 statements instead.....

 

£4300 of debt just became unenforceable

 

Barclaycard and NatWest for my wife will take it to £7300 of unenforceable.We already have Natwest application form-no prescribed items and Barclaycard are currently in default,heading for criminal offence deadline....

 

I love this place!!:grin:

[lickthewallfatboy]

it sure is-you couldn't annoy me today!! LOL

[lickthewallfatboy]

sorry CB-how do you mean?

[lickthewallfatboy]

How many "creditors" have given up so far.

For me it's DCA's - 0 CB - 18

 

none officially

 

but they ain't getting one more shiny shilling from us!! LOL

[lickthewallfatboy]

I've just read the co-op "cca" and I had to laugh

 

at the very end it states "this is a credit agreement regulated by the consumer credit act 1974"

 

oh dear-so that's it then....

 

well and truly stuffed!!

[lickthewallfatboy]

I must admit I am tempted,but the "entrapment" issue as mentioned earlier is in the back of my mind.But then again,if they were shown to be fraudsters,I can't see them wanting to go to court either.....

[lickthewallfatboy]

ooooohhhhhh

 

tempting!!

[lickthewallfatboy]

just arrived by recorded delivery from HFC.....

 

 

an application form masquerading as a credit agreement,along with 2 separate pages of t&c's stapled together....

 

dear oh dear oh dear.....

[lickthewallfatboy]

post up pics to prove you are,in fact, a genuine fatboy