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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
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ace cards and gifts (not so ace)


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hi all,

 

i took out an ace cards and gifts account in 2001. i have been on a repayment plan for a while due to financial problems.

 

i wondered if i had a proper cca with them. so i sent them a letter asking for an original signed copy of my cca. of course they couldnt and sent me a blank copy. so i sent them the follow up letter putting the account in dispute.

i had an interesting reply:

 

http://i894.photobucket.com/albums/ac150/loopips69/SCAN0004.jpg

 

http://i894.photobucket.com/albums/ac150/loopips69/SCAN0005.jpg

 

what i understand from their letter is that they agree legally they dont have a leg to stand on because they havent got an orignal signed cca, but that it doesnt matter because they are still going to chase the account.

 

can anyone give me some advice as to what to do next? is there another letter i can send them? can i say they cant puruse the account as it is in dispute? any advice much appreciated.

 

thankyou loopips

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Yes agreed the ycan stil pursue you for the alleged debt, BUT, they are unable to chase this through the courts as they have admitted they do not have your signed agreement, this will not stop them from sending you all sorts of deforestation, the only thing they cannot do is threaten you with legal proceddings, and as for their, somewhat. misguided view that they can still mark your credit file adversely, well If they have no agreements or documentation tying you into an agreement with you and them, then they are in breach of the DPA and should be reported to the ICO.

http://www.consumeractiongroup.co.uk/forum/showthread.php?254802

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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HI,

thanks for the above replies.

 

i did send ace an account in dispute letter- thats when they sent their waffling letter.

 

i think i will write to them to point out that they are in breach of the dpa as bazooka boo says.

 

any tips on how to go about wording a letter.

 

many thanks

loopips

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  • 1 month later...

hi,

a liitle update.

 

i received a letter today from ace informing me that they are going to pass my account on to moorcroft, that they will add legal costs to my account for a courts summons and that a record of default will be maintained on a national record.

 

Please help, where do i go from here? is this just another bullying tactic by ace?

 

thanks loopips

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I wouldn't worry about the likes of Moorcrap.

When you get their envelope full of begging drivel, just write to them and tell them the account is in dispute with ACE prior to it being assigned to you.

 

As others have said and I can confirm as I too have a letter from Studio admitting NO CCA, but it doesn't stop them passing it on from one DCA to another in the hope you will cough up.

 

As for the default removal, that is easier said than done, they will tell you they have a right to inform other prospective creditors of your payment history.

 

I offered Studio and full and final of 10% of the balance on the condition the removed the default, marked the account as settled and did not attempt to collect ot sell on the remaining balance, but they refused, so they got nothing and never will.

 

It matters not who they assign/sell the account to, or indeed whi they assign/sell it to, it is unenforceable and always will be, so don't lose a wink of sleep over it.

 

Moorcrap are idiots and wouldn't know an enforceable debt it they fell over it. They are easy pezzie to lemon defeaty.

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i received a letter today from ace informing me that they are going to pass my account on to moorcroft,(:lol: Ha ha ha ha ) that they will add legal costs to my account for a courts summons and that a record of default will be maintained on a national record. (What on vinyl?)

 

You can have so much fun with moorcr@p, they really are as inept as they sound. Let them add all the charges they want, you won't have to pay them, they are unenforceable.

It would be good to actually see what they have sent, just for a laugh, in any case, you MUST report them to the OFT&TS via http://www.consumerdirect.gov.uk/contact for trying to exploit your lack of knowledge, and for telling blatant untruths. Chancers.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 years later...

can someone please help? my account with ace has not yet been passed to debt recovery. but I cant afford near on £100 per month , have been paying since 2011. can I claim back service charges? and cant find templates to use on here?

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can someone please help? my account with ace has not yet been passed to debt recovery. but I cant afford near on £100 per month , have been paying since 2011. can I claim back service charges? and cant find templates to use on here?

 

this thread is two years old

 

please start your own

 

se the video listed below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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