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Robinson Way CCJ/CO Cap1 card debt - was unable to respond - now want to set aside **LOST** - appealed - **WON** Claim reset - **WON - Case dismissed**


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Not sure if you are able to help with this one lilly but do you have any knowledge of case law that may be useful in arguing what is acceptable prejudice determining how much a debt has been reduced as a result of it, inter alia, CCA 127(2)

R

 

 

robin yes i am working on that when i have it will post

 

 

lilly

 

 

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Regulation 2 of the 1983 Regulations (which still applies to this case, though it has been repealed with effect from 31 May 2005) also required that documents embodying regulated consumer credit agreements should contain the information set out in column 2 of Schedule 1 to those regulations. The required information set out in paragraph 10 of schedule 1 was the rate of any interest on the credit to be provided under the agreement and the total amount of other charges included in the total charge for credit in relation to the credit to be provided under the agreement.

 

 

there you go the answer from the case

 

 

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19. It is well established law that the court should look at the
substance
not the form. Counsel for the Defendants cites
Watchtower Investments v. Payne CA 20.07.01

"The purpose of the court's consideration is to arrive at what in reality is the true cost to the debtor of the credit provided."

icon12.gif

 

 

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Any news on the hearing date Rob ? (Apologies if it's already been posted)

Yes, did post up earlier. I got permission to appeal and appeal hearing is in April. So all going well there. What I was delighted about was that at the permission hearing, the judge ordered that the charging order be discharged. Didn't expect to get that result, but shows the judge could see the strengh of my appeal.

 

What did come out of the permission hearing was that I needed to make an application to withdraw my admission and that was the reason that permission was not given on paper. So at moment just finishing off my app to withdraw admission.

 

Thanx for keeping an eye on my thread shakes

R

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Robin, was it you who wanted the pre 2004 regs ?.. if so, here is a copy.

 

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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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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Yes it was CitizenB. Many thanx for remembering, really appreciate your help.

R

 

:D

 

Thank goodness for that, I shredded lots of memory jogging notes in error and I would hate to think that I am posting information on peeps threads (when it isnt what they asked for) and then them thinking, I had lost the plot :rolleyes::D

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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:D

 

Thank goodness for that, I shredded lots of memory jogging notes in error and I would hate to think that I am posting information on peeps threads (when it isnt what they asked for) and then them thinking, I had lost the plot :rolleyes::D

Definately not lost the plot, very much on the ball and its just what I needed as reg 2 was replaced completely by 2004 amendment regs and I was unable to find an unabridged version of 1983 regs. Seems they are like gold dust.

 

It may be worth the unabridged version of 1983 regs are put in CAG Library as it will be applicable to agreements before 31/05/2005 after transitional period for 2004 regs

 

Again. Thanks for all your help.

R

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  • 1 month later...

This is not relevant to my thread here, but will start another thread at appropriate time.

 

Just had a letter from MBNA compliance dept in respoince to me telling them that they had not complied with my SAR. In the letter they state "In accordance with widely used record retention guideline the policy of MBNA Europe Bank Ltd is to keep ususal records for 6 years and acount opening documents for 5 years after the business relationship has ended."

 

Interesting for anyone looking to have sight of the original credit agreement and they state they haven't got it.

R

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:D Yes Andy, next one on my list. How stupid can they be. They sent me a copy of my credit agreement which clearly has been made up of other documents. When they put all wording together in their mickey mouse effort, purporting to be an actual copy of the agreement I signed, they copied it all onto the template (heading logo form num etc) upside down.

R

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I'm trying to find a copy of the Consumer Credit (Total Charge for Credit) Regulations 1980. Can anyone help?

R

 

 

This is what I found during a google.

 

The Consumer Credit (Total Charge for Credit and Rebate on Early Settlement) (Amendment) Regulations 1989

 

Credit charges and APR - The Office of Fair Trading

 

Statutory Instrument 1999 No. 3177

 

HTH

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, yes certainly helps. Appreciate you keeping an eye on my thread although not much happening at mo. Will keep everyone updated on my appeal (not in court until next month though).

Regards

R

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:D Yes Andy, next one on my list. How stupid can they be. They sent me a copy of my credit agreement which clearly has been made up of other documents. When they put all wording together in their mickey mouse effort, purporting to be an actual copy of the agreement I signed, they copied it all onto the template (heading logo form num etc) upside down.

R

 

:D Oh, I do love that.. what better evidence that it was a Blue Peter inspiration :rolleyes:8-)

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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  • 2 weeks later...
I'm trying to find a copy of the Consumer Credit (Total Charge for Credit) Regulations 1980. Can anyone help?

R

 

 

Here you go 'Rob - see attachment.

 

'Shakey

Consumer Credit (Total Charge for Credit) Regulations 1980.pdf

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law and litigation privilege

 

Please see the following copyright statement

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I'm preparing for my appeal hearing next month and am now looking at producing my schedule of costs (can't do anything else right now). Can anyone point me in the direction of any templates and/or what I can claim per letter. ie is there a ball park amount that can be charged say for each A4 letter that is acceptable to cover the cost of stationary and printing. I'm Ok with hourly rate etc for my time, its just what I can claim for disbursements.

 

Thanks

R

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Hi RobinWayRobinme....hope this assists you on Shakeys thread.... we all seem to have our appeals ongoing at the same time eh!! http://www.consumeractiongroup.co.uk/forum/legal-issues/191784-shakespeare62-nastybank-16.html#post2652812

 

Good luck in yours too.

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