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    • Sorry I'm not sure what you mean - I haven't suggested any of that - I'm just letting you know what letters come next from who. I'm aware what they're doing and that only an eventual LoC matters
    • Hi all   Firstly, thanks for all the helpful threads on here. Whilst there's a lot to read and get through, it's both helpful and reassuring to see so much great advice and support to others in similar situations.   I've received a letter and a Claim Form from Moriarty for an ADCB CC debt. I'm presently in a DMP for existing UK debts and (probably like many others) I truly don't know the best way forward, as time is clearly of the essence - but I don't feel I've 'up to speed' yet on all the other threads, advice, lingo etc. to respond accordingly.   I'm looking at drafting the PAP and getting it of tomorrow, but just want to get into the other threads to see if it's the right thing (and get more info on similar cases).   Please feel free to comment with any advice - all gratefully received of course. Thanks again for anyone that's posted in other threads and great to see so many kind and generous respondents helping others.   PS. Haven't posted/scanned details onto the thread yet as still to read up on the rules/tips, but Claim Form filed in Northampton on 20 Nov.
    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
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Consumer dude

I want to go Rotherham

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The chuckle brothers (from tv frame) were from there were'nt they ?

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The chuckle brothers (from tv frame) were from there were'nt they ?

 

Dunno :-?


 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Dunno :-?

 

 

 

 

 

What was their names again. Barry was one I think..:cool:

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You mean the one that said .2 me 2 you :p paul i fink


 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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You mean the one that said .2 me 2 you :p paul i fink

 

 

 

 

You remembered..:D

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I have taken my grandchildren to watch them when they came to Bradford every year now since the eldest was 4, she is now 14 and this year was the last year we will go becuase the youngest one is getting too old :( I will miss our madcap day out

 

I think they are brillliant for kids, just good silly fun and totally harmless

 

PS yes they do come from Rotherham and noooooo you really dont want to go there!

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Lets be positive about rotherham, They have a football club, and they must have some places to vist.. Anyone ?

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Is it in Yorkshire, or Lancashire, I can't remember, I wouldn't mind a visit in the New Year.... can't make the Oxford meet due to another family commitment and financial situation a bit shaky after unexpected move (well I wasn't planning to move until Easter but got a great place).

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Lets be positive about rotherham...they must have some places to vist..
Yep...my rugrats semi-detached mansions...often!

:p


The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Rotherhm meet, sat 23rd/Jan/2010. Anyone ?

 

Is it going to be in All Saints Square,round the fountains.

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Is it going to be in All Saints Square,round the fountains.

 

 

 

 

 

Local pub I guess, if their is one. lol..

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Jamie Oliver has a 'Showing peeps how to cook' shop open in All Saints Sq. at the mo. ;)

Any particular reason why U propose 23th Jan Cd?? :confused:

...Rotherham in the middle of winter isn't exactly a deal clincher for some parrrrty peeps is it?

:)


The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Jamie Oliver has a 'Showing peeps how to cook' shop open in All Saints Sq. at the mo. ;)

 

Any particular reason why U propose 23th Jan Cd?? :confused:

...Rotherham in the middle of winter isn't exactly a deal clincher for some parrrrty peeps is it?

 

 

:)

 

 

 

 

One of those places I've never been to and might be visting some one a bit further up north so its kind-er on route..:cool:

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Angel in Bridgegate,not bad

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Angel in Bridgegate,not bad

 

 

 

 

 

 

Is that near rotherham ? You've lost me their..

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Angel in Bridgegate,not bad
Just up from The County Borough. ;)

:p


The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Is it in Yorkshire, or Lancashire, I can't remember, I wouldn't mind a visit in the New Year.... can't make the Oxford meet due to another family commitment and financial situation a bit shaky after unexpected move (well I wasn't planning to move until Easter but got a great place).

 

 

hello SG Rotherham is in South Yorkshire, why on earth CD wants to go there is beyond me, cause it aint pretty. I suppose the name must appeal! I remember when I was a kid being jealous of a friend who was having a holiday at Primrose Valley. It sounded like heaven. When I grew up and met my OH he asked me where I wanted to go for a trip out. Primrose Valley I said. It was worse than the ar** end of the universe!

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