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Oft guidelines/legalities in law


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I just thought i would clear things up on this subject

 

we all say about how a dca is suppose to behave and play by the rules/guidelines set by the oft, and that they are only guidelines so the dca can ignore

 

that may be the case but

 

case law stipulates that when the state issue these guidelines/directives,

 

the court must first take any breach in these guidlines

 

first in reaching a decision on case law

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The CPUTR 2008 IS LAW though and it covers most if not all of the OFT guidlines...Shame the OFT won't use it :roll:

 

Oh, and the CPUTR 2008 also contains bits in it that can be used if any finacial institution fails to abide by OFT guidlines and any trade body organisations code of practice such as the CSA ;)

Edited by babybear39
missed a bit

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Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

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the CPUTR is a directive from the euroean court of justice that has become uk law by statute from the supreme court (house of lords)

 

THE OFT MAY NOT USE IT BUT WE CAN IN COURT AND QUOTE THE DIRECTIVE IN A POC OR DEFENCE

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the CPUTR is a directive from the euroean court of justice that has become uk law by statute from the supreme court (house of lords)

 

THE OFT MAY NOT USE IT BUT WE CAN IN COURT AND QUOTE THE DIRECTIVE IN A POC OR DEFENCE

 

I find it absolutely incredible that the OFT HAS NOT used this law! It was implemented in to UK LAW in May 2008. That's OVER 2 years ago!!!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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You will need to study the directives from the european parliament/court and when they were implemented into uk law

 

there is a section of eu law that states that the member state who delays in implementing a directive shall not profit by it

 

its called EMINATION of the state

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Are there any good links on this?

 

This should help clarify matters:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?147392

 

Although it is a long read but it has the very important bits in the first two pages. Feel free to ask more questions :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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i should start a new thread but take

the child support agenncy

 

when the csa does an assesmant oon you and you dont pay, they wll apply for a liability order

 

now you cant appeal this assessmant and under direction from the secretary of state, the magistrate has to issue the liability order.

 

No defence can be entered into.

The liability order is granted

 

now by not allowing any sort of appeal by a third party, (in a credit agreement case, it would be the fos)

 

the csa is commiting an offence under the legislation contained in cputr, but they are only acting under the authority from the secretary of state i hear you say

 

the cputr was brought in by a directive from the european court,

britain, being a member state had to implement the directive which it did two years ago 2008

 

now the bit the secretary off state put in about no appeal in the magistraate court before 2008

 

emination of the state comes into play as the csa is a public, not private entity

 

so that clause in the csa about no appeal is contary to the legislation contined in cputr

 

the cpuutr is a court directive and takes presidence over previous uk law within the csa

 

healthy debate people

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