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    • the dca is BCW - i haven't heard from them since early 2015, they wrote offering discounts etc, which seemed a strange approach straight off the bat  - this was when i told them i didn't acknowledge the debt, it was long-since time-barred, that i didn't believe that they had an enforceable agreement and they could either issue proceedings or bugger off.  I haven't heard a word since, via email or post, and assumed that my position had been accepted. I check Experian and Equifax every month, and was advised to check TransUnion for completeness, which is where it shows. If i make an SAR, is this likely to wake them up, or serve as an acknowledgment, or should I just wait until the end of the year when it would, i assume, drop off in any case?
    • I've looked up Multiple Encashment Fraud. When they put the chargeback amount back into my bank account, which they did the day I made the chargeback, I spent the cash over the next couple of weeks. I did this because I assumed I would win the chargeback due to the fact that I did everything required to win it. So me spending that cash, according to them is Multiple Encashment Fraud. They are saying I fraudulently made a chargeback so that they would put that amount back into my account so I could spend it, and basically rip the bank off.
    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
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wannabedebtfreesoon

Issued claim against welcome for illegal repo in contravention of section 92 and unfair relationship ** WON **

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ABSOLUTELY "BRrrrrrrrrILLIANT"

DAVE


Cab1ne-Lombard-Shoosmiths **Claim Recieved**

http://www.consumeractiongroup.co.uk/forum/showthread.php?181761-Cab1ne-Lombard-Shoosmiths-**Claim-Recieved**/page25

Summary Judgement 01/02/2011 **REFUSED** set for trial "May 23rd To June 30th 2011"

DISCONTINUED 3rd MAY 2011 **WON**

 

santander" Responsible Lending!!!!!!!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?219431-quot-santander-quot-Responsible-Lending!!!!!!!

 

Capquest "V" Cab1ne

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262962-Capquest-quot-V-quot-Cab1ne

 

"STAYED"

 

CAB "Sittin Tight"

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Hi Wannabe,

 

Been on holiday and just got back to find that you have won. Excellent news.

 

You must be really proud (I am sure your girl's are proud of their mummy - the bully tamer) and hopefully now are in a position to help others here on CAG with your experience and wealth of knowledge.

 

All the best for the future and fingers crossed that the remit to county will be superceeded by an offer that you cannot refuse

 

Keep up the good work

 

G

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'Hi Wannabe, I was following this from the beginning but have been off site due to illness, I can't believe this is still dragging on. A very big well done to you, your an inspiration to us all:cheer2:

 

Just 1 question because i'm too lazy to go through 84 pages, What happened with the police who participated in the removal?

 

Once again very well done.


Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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wanabe

 

when you feel ready and the local county court has a rehearing,

 

can you post up the court of appeal cae number etc

 

as this is now case law

 

many thanks

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Hello all, I could do with a little advice on a couple of things......

 

We will shortly be going back to County Court for the remit and I'm a bit unsure of how far back I can put my costs. At the appeal the Lord Justice set the entire judgment aside including the costs they were awarded. Can I only claim my costs of bringing the appeal and that of the remit or can I put in for my costs of the whole thing from trial??

 

Secondly, does anybody know the exact CAG rules about anonymity? It's just that I'm due to get the approved judgment at some time after the 12th Sept and I'd like to know if I can post it here or do I still have to blank out the personal info??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Hi Wannabe,

 

Been on holiday and just got back to find that you have won. Excellent news.

 

You must be really proud (I am sure your girl's are proud of their mummy - the bully tamer) and hopefully now are in a position to help others here on CAG with your experience and wealth of knowledge.

 

All the best for the future and fingers crossed that the remit to county will be superceeded by an offer that you cannot refuse

 

Keep up the good work

 

G

 

Thanks G, I am so proud. I can't tell you the difference this has made to my life.

 

I doubt very much if the other side will lower themselves to make me an offer :tongue1: They are still playing their silly little games and continue to screw themselves over at every opportunity :whistle:

 

The funny thing is that I absolutely couldn't care less what happens at the remit, as far as I'm concerned I have achieved what I set out to achieve and anything else after this is neither here nor there! It's quite amusing to watch their spoilt brat tantrum actually, how awful for them; beaten by a little LiP girl in High Court :p

 

All I wanted was to prove that they couldn't do what they did, and perhaps get a High Court judgment, and perhaps make them very unhappy, and perhaps cost them an absolute fortune, and perhaps bring their corrupt and fraudulent practices in front of a very senior Lord Justice, and perhaps make case law...... :love:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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'Hi Wannabe, I was following this from the beginning but have been off site due to illness, I can't believe this is still dragging on. A very big well done to you, your an inspiration to us all:cheer2:

 

Just 1 question because i'm too lazy to go through 84 pages, What happened with the police who participated in the removal?

 

Once again very well done.

 

Thank you kindly, I can hardly believe it myself! It has sort of become a norm in my life I'm going to feel like I've lost an old friend when this is finally over :lol:

As for the police, they will have their turn too :mad2: There is a rather large section of Goode that lists all the possible criminal consequences of a breach of S.92 Now how would it be if somebody reported a crime in progress and then the police arrived and assisted the perpetrator in completing his crime??? :!:

 

As soon as this case is finalised and I have the transcript in my hand, there will be a certain PC that is going to rue the day he ever crossed me , (and let himself be filmed doing it..... ) :whistle:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Keep it up and it is now your turn to screw them. Very disappointed in the attitude of the police from day one. At least they will not make the same mistake again with some other innocent party..

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Secondly, does anybody know the exact CAG rules about anonymity? It's just that I'm due to get the approved judgment at some time after the 12th Sept and I'd like to know if I can post it here or do I still have to blank out the personal info??

 

That is up to you. Will the judgment be in the public domain? If so then it might be easy for some people to work out that you are you, if that makes sense!

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That is up to you. Will the judgment be in the public domain? If so then it might be easy for some people to work out that you are you, if that makes sense!

I expect it will be public considering it was a High Court judgment. I was just wondering how important my anonymity actually is at this stage! I kind of felt like I gave up any right to that when I decided to appeal to the High Court :???:

 

Any ideas about my costs question??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Keep it up and it is now your turn to screw them. Very disappointed in the attitude of the police from day one. At least they will not make the same mistake again with some other innocent party..

Couldn't agree more! They entirely humiliated me and in the end it turns out I was right and they were wrong after all....

 

Yes I think a little suing will work wonders for the next time they are faced with a similar situation :p


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I expect it will be public considering it was a High Court judgment. I was just wondering how important my anonymity actually is at this stage! I kind of felt like I gave up any right to that when I decided to appeal to the High Court :???:

 

Any ideas about my costs question??

 

The costs question isn't something I'm clued up on sadly. If you need me to help with anything forum-related I'm your man :)

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The costs question isn't something I'm clued up on sadly. If you need me to help with anything forum-related I'm your man :)

Ah that's ok :-)

It is so confusing, I think I'm going to put in for all my costs from day one. I don't doubt for one minute that the other side would do any less!

I suppose we are sort of returned to the pre-trial state at present in order for a new trial judgment to be given. I'm thinking that if I win this time then it means I should've won the first time round and so would've been entitled to my costs in the first trial; it just took a little trip to High Court, (and a few more expenses), to get to there in the end!

In effect I have actually won on 2 out of 3 of my causes of action, just left to decide if their Trespass, Breach of Statutory Duty, Contravention of Section 92 and Fraud constitute an Unfair Relationship! Can't say I have much faith in district judges these days so who knows, but I already have my victory as far as I'm concerned :wink:

  • Confused 1

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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If you received no notice of default they cannot take your vehicle.The Police are absolutely useless, and when they(the Police) took my disability carriage vehicle keys and handed them over to a civillian, and allowed them to drive on a disability tax disc from Basingstoke to Essex.I got a court order to have my vehicle returned forthwith.On return of vehicle I had to call Police again as dodgy company refused to give me keys and tried to drive off!I got them blocked in with another car until Police arrived.Instead of dealing with carrying out a county court order,they wanted to arrest me for false imprisonment,(even though his wife was illegally in truck with him.You will not get any help from the Police as they would not even take report of criminal damage to my disability carriage.The Police DO NOT know CIVIL LAW and seem to want to distance themselves from it.I understand what your going through.It is very stressful and expensive for the average person,let alone if your struggling or vunerable! Keep all receipts of any expenses incurred.Never make them up.these companies hire private investigators!!! Hope all works out well for you.From sarah Dudley:-):-)

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If you received no notice of default they cannot take your vehicle.The Police are absolutely useless, and when they(the Police) took my disability carriage vehicle keys and handed them over to a civillian, and allowed them to drive on a disability tax disc from Basingstoke to Essex.I got a court order to have my vehicle returned forthwith.On return of vehicle I had to call Police again as dodgy company refused to give me keys and tried to drive off!I got them blocked in with another car until Police arrived.Instead of dealing with carrying out a county court order,they wanted to arrest me for false imprisonment,(even though his wife was illegally in truck with him.You will not get any help from the Police as they would not even take report of criminal damage to my disability carriage.The Police DO NOT know CIVIL LAW and seem to want to distance themselves from it.I understand what your going through.It is very stressful and expensive for the average person,let alone if your struggling or vunerable! Keep all receipts of any expenses incurred.Never make them up.these companies hire private investigators!!! Hope all works out well for you.

  • Confused 1

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Just been back to County Court for a very interesting directions hearing!

The judge got the other side to admit that the payment of secret commission would render the original agreement void and unenforceable and so the gist of the final hearing will be to examine the findings of the High Court and determine whether commission was paid and what should then happen with regard a ruling for Unfair Relationship.

 

Bring it on!!


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Just been back to County Court for a very interesting directions hearing!

The judge got the other side to admit that the payment of secret commission would render the original agreement void and unenforceable and so the gist of the final hearing will be to examine the findings of the High Court and determine whether commission was paid and what should then happen with regard a ruling for Unfair Relationship.

 

Bring it on!!

 

Well done - so let me get this right. Welcome legal reps have admitted that the secret commission would render the agreement void and unenforceable?

 

But as yet they have not admitted paying a commission?

 

Am i right - or misreading this?

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Biiig!

I must admit I am feeling quite big! :whoo:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Well done - so let me get this right. Welcome legal reps have admitted that the secret commission would render the agreement void and unenforceable?

 

But as yet they have not admitted paying a commission?

 

Am i right - or misreading this?

 

Yes they did concede today that if a secret commission was paid the agreement would be rendered void and unenforceable, whether this amounts to an Unfair Relationship will be a decision to be made at the final hearing which is set for early January in Birmingham. Today was just a directions hearing to assess what remains to be decided.

 

In their original defence they denied paying secret commission but then admitted it at trial saying only a small amount was paid so they could argue causation and get away with it.

The High Court judge reminded them of Hurstanger at the appeal and admonished their causation defence, employing the principle of Equitable Duty.

 

I now have to provide the transcript of the High Court Judgment so that the final hearing can be based on the Lord Justice's findings.

 

They have been pushing for further disclosure, I expect they want to try to use the Harrison case. Let's hope for a favourable outcome to this appeal, it would be great to see their only defence case law overturned! I believe the judgment is expected early October.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I await with baited breath and congratulate you on all the hard work you have put in. If you win i may quote your case as case law against them myslef.

 

In my case i have written evidence of the commission being paid. If you need a copy or a WS for your case am happy to help.

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OMG Was only talking about you and this today with Jo lol :D is all I have to say xxx


I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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well done !

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If you received no notice of default they cannot take your vehicle.The Police are absolutely useless, and when they(the Police) took my disability carriage vehicle keys and handed them over to a civillian, and allowed them to drive on a disability tax disc from Basingstoke to Essex.I got a court order to have my vehicle returned forthwith.On return of vehicle I had to call Police again as dodgy company refused to give me keys and tried to drive off!I got them blocked in with another car until Police arrived.Instead of dealing with carrying out a county court order,they wanted to arrest me for false imprisonment,(even though his wife was illegally in truck with him.You will not get any help from the Police as they would not even take report of criminal damage to my disability carriage.The Police DO NOT know CIVIL LAW and seem to want to distance themselves from it.I understand what your going through.It is very stressful and expensive for the average person,let alone if your struggling or vunerable! Keep all receipts of any expenses incurred.Never make them up.these companies hire private investigators!!! Hope all works out well for you.

 

is this case still alive or has it ceased

would be interested to hear how things stand Sarah

patrickq1

if it is still ongoing have you a thread


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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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