Using the Freedom of Information Act to get details of Consumer Claims brought - and their results

[car2403]

It would be interesting to use the Freedom of Information Act to get details from the Ministry of Justice around the number of claims raised by a certain DCA and then the number of those claims that were withdrawn before being heard.

 

I suspect the figures wouldn't read well, in that most of them probably result in CCJ's against folk with lesser knowledge!

 

Viva la CAG!

[nodefaults2010]

could that be done? maybe we should gather various court stats so caggers know what they are facing?

 

some may seem discouraging e.g. number of cases that go to CCJ or are lost by debtors but in another light it could be seen to be encouraging as it simply confirms that creditors play a numbers game whereby they intimidate through action and legal process most debtors who don't want to see things through at court and as such creditors are often bluffing when they take action..so every reason to fight to the end in many cases.

[the_shadow]

It would be interesting to use the Freedom of Information Act to get details from the Ministry of Justice around the number of claims raised by a certain DCA and then the number of those claims that were withdrawn before being heard.

 

I suspect the figures wouldn't read well, in that most of them probably result in CCJ's against folk with lesser knowledge!

 

Viva la CAG!

 

I have no doubt that the MoJ will just say they do not collect or collate that metric. I doubt they even keep a track of how many cases are discontinued.

 

Could be worth a punt tho ;-)

 

S.

[MARTIN3030]

Some recent examples;

 

Information released - Ministry of Justice

[Martel]

Well, if my court had to call ME to find out how many claims I was dealing with, I'm not sure there's much hope for accurate statistics coming out of HMCS.

 

On the other hand....... Heather Brooke lit the fuse on the MP expenses scandal by pursuing the Freedom of Information Act.....

 

As CAR has said VIVA LA CAG!!

[Blondie40]

It would be interesting to use the Freedom of Information Act to get details from the Ministry of Justice around the number of claims raised by a certain DCA and then the number of those claims that were withdrawn before being heard.

 

I suspect the figures wouldn't read well, in that most of them probably result in CCJ's against folk with lesser knowledge!

 

Viva la CAG!

 

Perhaps now is the time to start asking them, maybe get a letter template done and encourage every CAG member to write to the Ministry of Justice, can you still go onto the No. 10 website and start a signature campaign.

[car2403]

Perhaps now is the time to start asking them, maybe get a letter template done and encourage every CAG member to write to the Ministry of Justice, can you still go onto the No. 10 website and start a signature campaign.

 

With the greatest of respect to your intentions, I don't think this should be the case. FOI requests should only be used in certain circumstances, and submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act. What is needed is one person (doesn't have to be me ) to submit a request for this data and then for that to be shared with CAGgers.

 

No 10 petitions are available online, yes, but what is your petition?

[Blondie40]

With the greatest of respect to your intentions, I don't think this should be the case. FOI requests should only be used in certain circumstances, and submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act. What is needed is one person (doesn't have to be me ) to submit a request for this data and then for that to be shared with CAGgers.

 

No 10 petitions are available online, yes, but what is your petition?

 

 

Your probably right:

 

The Freedom of Information Act gives you the right to obtain information held by public authorities unless there are good reasons to keep it confidential.

 

I can think of a large number of banks/DCAs/solicitors who would come up with any number of good reasons.

 

Could CAG, as an organisation, not request it?

[car2403]

The Freedom of Information Act gives you the right to obtain information held by public authorities unless there are good reasons to keep it confidential.

 

I can think of a large number of banks/DCAs/solicitors who would come up with any number of good reasons.

 

And that would be?

 

Could CAG, as an organisation, not request it?

 

Anyone can make a FOI request

[Blondie40]

And that would be?

 

Where would one start.

 

Anyone can make a FOI request

 

Rather than, as you said "submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act".

 

Would a single request from CAG be morely likely to get a result.

[car2403]

Where would one start.

 

 

 

Rather than, as you said "submitting lots of requests from different members could mean they argue that the effort in getting the data together isn't in balance with the interests of the Act".

 

Would a single request from CAG be morely likely to get a result.

 

Nope, as an individual would get the same response

[Moral Dilemma]

2007/08 - Total claims issue in England & Wales

893,860

 

of which 267,217 were housing & recovery of land

 

leaving 626,643

 

allocated to small claims 91,767

allocated to fast track 50,228

allocated to multi track 25,947

 

Settlements after allocation

Fast track 39,041

Multi track 22,698

 

Cases heard

Small claims 51,896

Fast track 11,700

Multi track 4,177

 

Attachments of earnings granted 76,890

 

Appeals from District Judges 2,939

[Moral Dilemma]

Total UK personal debt

UK banks and building societies wrote off £9.6bn of loans to individuals in the last 12 months to end Q1 2010. In Q1 2010 they wrote off £2.13bn (£1.25bn of that was credit card debt). This amounts to a write-off of £23.35m a day.

 

Total UK personal debt at the end of May 2010 stood at £1,460bn. The twelve-month growth increased to 0.9%. Individuals owe more than what the whole country produces in a year.

Total lending in May 2010 rose by £1.5bn; secured lending increased by £1.2bn in the month; consumer credit lending increased by £0.3bn (total lending in Jan 2008 grew by £8.4bn).

Total secured lending on dwellings at the end of May 2010 stood at £1,241bn. The twelve-month growth rate rose to 1.1%.

Total consumer credit lending to individuals at the end of May 2010 was £220bn. The annual growth rate of consumer credit rose by 0.1% to 0.0%.

Average household debt in the UK is ~ £8,716 (excluding mortgages). This figure increases to £18,159 if the average is based on the number of households who actually have some form of unsecured loan.

Average household debt in the UK is ~ £57,944 (including mortgages).

If you add to this the March 2010 budget report figure for public sector net debt (PSND) expected in 2015-16 (excluding financial interventions) then this figure rises to £110,166 per household.

Average owed by every UK adult is ~ £30,000 (including mortgages). This is 126% of average earnings.

Average outstanding mortgage for the 11.4m households who currently have mortgages now stands at ~ £108,972.

Britain's interest repayments on personal debt were £67.5bn in the last 12months. The average interest paid by each household on their total debt is approximately £2,679 each year. According to PwC the average household will need to spend approximately 15% of net income purely to service the interest payments arising from this debt.

Average consumer borrowing via credit cards, motor and retail finance deals, overdrafts and unsecured personal loans has risen to £4,513 per average UK adult at the end of May 2010.

Statistical Sources - Unless otherwise indicated statistics in the “Total UK personal debt” section are calculated by Credit Action - primarily using the Bank of England's debt figures.

[Blondie40]

 

leaving 626,643

 

allocated to small claims 91,767

allocated to fast track 50,228

allocated to multi track 25,947

 

 

That leaves 458,701 not accounted for.

 

Wonder what happened with those?

[Blondie40]

http://www.creditaction.org.uk/debt-statistics/2009/april-2009.html

 

2,262 Consumer County Court Judgements (CCJs) were issued every day in 2008

Edited July 10, 2010 by Blondie40
Changed to 2008 figures as more relevant to Moral Dilemma posting

[Martel]

2007/08 - Total claims issue in England & Wales

893,860

 

of which 267,217 were housing & recovery of land

 

leaving 626,643

 

allocated to small claims 91,767

allocated to fast track 50,228

allocated to multi track 25,947

 

Settlements after allocation

Fast track 39,041

Multi track 22,698

 

Cases heard

Small claims 51,896

Fast track 11,700

Multi track 4,177

 

Attachments of earnings granted 76,890

 

Appeals from District Judges 2,939

 

Hi MD,

 

All amazing stats. Do you mind if I make a tiny but polite observation?

 

This information (and Blondie, Car, Martin, Nodefuallts and Rhia's posts) is way too valuable to get buried on this thread, it desreves to be more accessible. What do you think about starting a new thread on this topic? Bet it would be v effective (i.e., provocative and mobilising!).....

 

Martel

[Martel]

Hi Martel, can't add anything to your threads but following with interest and support.

Keep fighting!

 

Cym! Always great to hear from you!! Your support is much appreciated! Hoping all is well with you.....MX

[car2403]

Bing!

 

New thread

[Martel]

Bing!

 

New thread

 

Doh!! Well, I DID say it would be a good idea!!

 

Honestly, I must get out more. Or get around CAG more.

 

Will watch this one.....

 

Good for you!

 

MXX

Edited July 10, 2010 by Martel
misspelling

[Blondie40]

Hi MD,

 

All amazing stats. Do you mind if I make a tiny but polite observation?

 

This information (and Blondie, Car, Martin, Nodefuallts and Rhia's posts) is way too valuable to get buried on this thread, it desreves to be more accessible. What do you think about starting a new thread on this topic? Bet it would be v effective (i.e., provocative and mobilising!).....

 

Martel

 

Excellent idea, and thank you car2403 (stops someone's thread being hijacked).

 

Wonder when 2008/09 figures will be available - bet they don't make pretty reading.

 

B40

[Blondie40]

Credit Action | April 2009

 

2,262 Consumer County Court Judgements (CCJs) were issued every day in 2008

 

THATS 588,120 (going by working days)

OR

825,630 (if going by actual days)

[bazaar]

IMHO, I feel it would be best to enquire of the courts concerned which cases went to the claimant or the defendant.

You can then determine maybe which Judge is biased one way or tother.

 

The FOI request, is useful ( Ive used it in the US ), because it puts the officials to task.).

But it should be used sparingly and carefully worded to winkle pick exactly what information you want, so be specific if you ever use it.

[freethemice]

How about using these stats in a letter to our mp's.

 

All the talk is about austerity measures so surely it would save a fortune in legal aid/help bills and maybe the odd judge redundancy if it were made compulsory to include a verified copy of the agreement where a claim is base upon an agreement.

After all this is what cpr already states it just isn't enforced sternly enough.

Simples me thinks?