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    • I posted a couple of years ago about our debt situation and have been trying to pay off our debt as best we can. It is a possibility I maybe made redundant in a few months time, so I am trying to find out everything I can about what happens in today’s world when you can’t pay. I keep finding conflicting advice on various sites so I wanted to post this quote to get thoughts. It claims basically that the dca will likely get enforceable documents these days and therefore it’s likely you will have to pay dca at some point during the 6 year process.    on here I read a lot of comments assuming the exact opposite of this. A lot of the threads on here state the beginning of the process but I never see conclusive stuff about what happened from start to finish to get insight into whether debts post 2015 have been enforced etc. I hear a lot here not to pay dca companies but most my debts are post 2015 debts I am all up to date on our debts but if I lose my job it is likely I’ll end up where I tried to avoid in the first place. Which is destroying our files and dealing with DCA. I’ll post it below so you can see what I mean.   It is likely that any debts incurred after 2007 will end up with all the documentation being provided and being enforceable. Therefore you should use the time while awaiting responses going through your Income & Expenditure and considering any possiblity of making a full and final settlement. It can take a number of months to reach the stage of a hearing date and exchange of witness statements and normally you would be able to settle or come to an arrangement to pay before the court hearing, once documents have been provided, although this isn’t guaranteed.
    • depends who said sols state their client is. IDRWW vis~IDR(worldWide) are a debt collector regulated & registered in the UK & USA    they are not solicitors. they use various 'for hire' - here use our letterhead paper tiger solicitors. its just a case of who's stupid enough to join their folly. IDR law used to be their fav but they lost do much money, they broke ties after almost being struck off and now do Will/Probate disputes only. IDR Legal are their sols wing. moriarty law Judge and priestly Taheel - a foreign DCA that use absolutely any trick in the book to extort money even pretending to be any of the above inc being the bank themselves in phone calls.           
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Summanotre----Judgement at Chester Crown Court (Not CCA stay case)


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Derek R. Halbert, Designated Civil Judge at Chester County Court, quashed a possession order on 8th April 2009.

 

In paragraph 12 he cites section 65(1) and 127(3).

 

He sums up in paragraph 23

 

'I have already held that this agreement mis-states the cost of credit by failing to include the interest on the £875. Therefore the breach is established. The question remains should the court make an enforcement order? In my view it should not. This agreement is an attempt to circumvent the provisions of s 9(4) and it should not be encouraged. Appeal allowed'.

 

I do have a copy of the whole appeal but Im not sure what the rules are in posting up such documents. However, if it has already been posted on the forum then I apologise. If not, I hope it is of some help. I have just quoted it in my most recent letter.

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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I could be wrong but isn't this the one where he has allowed an appeal & has in fact sent an agreed number of cases to the High Court because he feels that if an agreement is not properly executed he doesn't think the Court should have the power to make it enforceable et all CCA 2006

 

Wasn't there recently a bit of panic cos it was thought that unenforceable cases had been stayed as a result when it wasn't true & was but a malicious rumour started by creditors

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I could be wrong but isn't this the one where he has allowed an appeal & has in fact sent an agreed number of cases to the High Court because he feels that if an agreement is not properly executed he doesn't think the Court should have the power to make it enforceable et all CCA 2006

 

Wasn't there recently a bit of panic cos it was thought that unenforceable cases had been stayed as a result when it wasn't true & was but a malicious rumour started by creditors

 

Oooh! I dont know - but I got it from a very reliable source telling me to use it for my purposes and there's no mention of the cca 2006. only cca 1974 and cca (agreements) 1983. He does make reference to a case that was upheld at appeal and by the House of Lords, Wilson v First Counties Trust, 2001. He does say its not a parallel case but he gives reasons why.

 

I've just noticed after going back to read the judgement following the above comments that it is a draft - it says on it: 'the draft itself nor its substance may be disclosed to any other person or used in the public domain' - but Ive been told I can use it and surely as this has now been approved in its final form which can be obtained from the court offices I can post the draft?

 

Advice please? Dont want to break the law or anything :D

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Reeealy dont want to break the law or whatever, so if someone could advise re posting Id be grateful. :)

 

If I get no response (no offense intended), Ill post it up anyway and then let the site team decide whether or not to remove it.

 

Also, wondered if the thread title could be changed to something more useful if the post is allowed to stay.

Hope thats all ok?

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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How can I post an Adobe document? Photobucket wont allow me to unless I change the format to jpg or similar - that means I would have to change 6 pages individually to jpg and upload them one by one to photobucket before I can post the document here?

 

Help please? :(

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Hi, no the link relates to a stay of unenforceable agreements - what Im trying to post up is a case won on appeal in favour of an unenforceable agreement.

 

I'll keep trying to post - but perhaps if someone can advise on how to upload a pdf file???

 

:|

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Hi, no the link relates to a stay of unenforceable agreements - what Im trying to post up is a case won on appeal in favour of an unenforceable agreement.

 

I'll keep trying to post - but perhaps if someone can advise on how to upload a pdf file???

 

:|

 

Click on the

 

POST REPLY button, when the new window opens up, scroll down and click on MANAGE ATTACHMENTS, a new window opens up.

 

You will see a BROWSE button, click on that, the window that opens up will be the filing system on your own computer look for the pdf file you want to upload. Click on the file, then on open. The file reference will be in the box by the BROWSE button. Then you click on UPLOAD and wait for the message that the file is uploaded.

 

It wont show immediately in the reply box but you will see the reference around about the spot you have the manage attachment button. You will need to put some text in the reply box as well I think. :)

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

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Dealing with Customer Service Departments? - read the CAG Guide first

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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K, thanx -gonna attempt it now. :)

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Hopefully this has uploaded correctly:

 

Judgement At Chester Crown Court.pdf

 

Site team - please remove the attachment if it contravenes any rules etc.

 

If it is allowed to remain can the title of thread be changed to the title of the attachment plz with an additional note to say its not the one thats about a stay of unenforceable cca's thats in another thread on the forum? Dont know what would be an appropriate title - but perhaps you could think of one??

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Share on other sites

I will bring the post to the attention of the site team for you. :) link works just fine.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanx citizenB & thanx for changing thread title (btw love your avatar - so cute) :)

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

Link to post
Share on other sites

Thanx citizenB & thanx for changing thread title (btw love your avatar - so cute) :)

 

Thank you. Although, I didnt change the title, one of the other mods must have done so.:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Oops! :oops: anyway, thanks for your help!

 

As for the anonymous mod in the CAG virtual-sky, thanks for changing the thread title :D

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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