Media Failing to Accurately Report CCA Issues - Let's do something about it

[haggis1984]

An article in today's Independent has peeved me off quite a bit:

 

Simon Read: Wriggling out of debt is not proper justice - Loans & Credit, Money - The Independent

 

Innacurate, self righteous and moralising.

 

Im feeling like taking some inspiration from www.medialens.org.

 

For anyone who's not familiar with that site, they encourage readers to email journalists and challenge innacurracies and prejudices. In light of the constant innacurate reporting on CCA issues in the media it seems like we need some caggers to do the same. Ill be emailing Mr Read at [email protected] (his email address is published alongside his articles) to try and correct the innacuracies in his article. Would be great if others could do the same and post their emails and any replys here.

[haggis1984]

My Email:

 

Dear Mr Read,

 

I enjoy your saturday comment in the Independent's Money section. In today's column you rightly highlight the potentially dubious tactics of some claims handling companies in encouraging borrowers to have their debts declared unenforceable. You are of course correct to point out that the claims companies incentive is financial, and there is the possibilliy that they could cause borrowers extra hardship.

 

Unfortunately therre are some innacuracies, and a distinct sense of moralising in today's article. To the innacuracies first:

 

You state that a ruling by Judge David Waksman on 30th December has 'blown the claims companies arguments to bits.'

 

You then go on to state that 'lenders can demand payments of debts and can register black marks with credit reference agencies.'

 

You're consequent analysis of that ruling suggests that you are actually referring to the case of Mcguffick vs HSBC, which dealt with the issue of enforceablillity under the Consumer Credit Act. It was in this judgement that demanding payment and registering missed payments with Credit Reference Agencies were found not to consitute enforcement. One question an impartial journalist could ask is ''If these actions do not consititute enforcement what does?!'

 

You also state that 'a copy of the original agreement rather than the original would be enough.' You seem to imply that this would be sufficient for the creditor to recover the debt in court. This is untrue. Mcguffick vs HSBC solely addressed the issue of the satisfaction of a request under section 77-78 of the Consumer Credit Act for a copy of the credit agreement. This does not change the fact that in order to recover monies in court the creditor must still provide an agreement bearing the creditors siganture. Again, in light of the recent high profile cases of banking incompentence a resposnible, imnpartial journalist might ask the question 'How can it be prooved that this copy is indeed a copy of the original?,' or 'What's to stop the banks simply making agreements up as they go along?!'

 

Lastly, you're statement that 'beyond the moral principle there's something else at stake - justice,' requires rebuttal. Is there anyone in this country who believes for a second that any large organisation such as a bank would make payments which they are not legally obligated to make? Of course not, it would be irresponsible and infuriating to shareholders. Why then, Mr Read, when the boot is on the other foot, should consumers feel obliged to make payment on monies which would not be recoverable in court? (and thus not legally obligated to repay).

 

It should also be considered that in order to comply with the Data Protection Act creditors as data controllers must secure the written consent of the data subject to process data (for example, register 'black marks' with credit reference agencies). This permission would be found on the original credit agreement. If no such agreement exists, there is a clear breach of the Data Protection Act.

 

Perhaps you're future columns on this subject could be more balanced,

 

I look forward to your next column

 

Best Regards,

[haggis1984]

Ta for encouragment guys

 

Lets see some of your emails too - if enough of us write to him he may actually produce a more balanced piece in future.

 

Itd be great if we could pick out similair examples in other papers too.

[haggis1984]

it has everything to do with editorial input and weak minded journos.

 

papers are on the brink, the massive overdrafts they run help them survive... hence the "interesting" reporting that tends to lean in favour of the banks at every given turn.

 

Defo think youve got a point there. There's also Chomsky's Propoganda Model, which explains a lot of media failings.

[haggis1984]

Hi,

 

Have had a reply actually

 

No discussion of the issues I bought up in my email, but Mr Read has shown an interest in the CAG.

 

Im waiting on hearing from admin to see if we can take it further.

[haggis1984]

ooooop's Obviously a nice vulture!!!

A very nice vulture. I remember saying just the other day what a nice....................

 

Lol I remember clearly you were telling anyone who would listen how much of a great guy he is

[haggis1984]

Thanks Martin

[haggis1984]

Mr Read mentioned CAG in his column (was either last weekend or the weekend before cant remember which!

 

Did any site team actually get in touch with him in the end?

 

Havent been able to get online the last few weeks due to house move, but ill give a gold star to anyone who can find his article and post a link here!

[haggis1984]

Thanks Cerbus, couldnt get that page to load properly before for some reason. Did CAG actually get in touch with him in the end?