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    • Mr Lee helped to grow his father's small trading business into a global industrial powerhouse. View the full article
    • So here's a thought:   The average age of someone dying of Covid-19 is 82.4.   The average life expectancy is less, at 81.4.   The rest of the population is making huge sacrifices to save people who, on average, would have been dead anyway.   I wonder what the total of life-years saved by all the restrictions we've had on us since the pandemic started is? Probably not many.
    • Hi Thankyou for your response    yes it is ! I sent of a SAR and within the comms Log Lloyds advised PRA  no CCA or paperwork available  .  hence account unenforceable.   The default is listed as PRA so does that mean it’s active ?  I can’t see a default for LLoyds on there.  I will follow your advice Thankyou 
    • i will guess this is:   a debt buyer dca cannot register a default notice    if the original creditor registered a default notice then get a copy of that  staple it to a letter to PRA and demand the account is removed from your credit file forthwith or a serious complaint will be registered with the ICO and financial compensation will be sought.   give them 14 days 
    • Freight industry body warns the lack of an agreement on tariffs could make things more expensive. View the full article
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Nooooo.....I think it sounds promising myself! This is an appeal. There is obviously some flaws in the last judgement if it has to be thought about in depth this time. If Brandon had no chance of winning the appeal then I feel the judge would have made his judgement yesterday IMO.

SB

 

Thats not always the case, trials may be complex or the sheer number of submissions by both sides render the time alloted not enough for the judge to make the decision, both arguments have been put forward but he/she may still need to read the relevant documents or look at the quoted case law in depth and so they will usually reserve the judgement for a number of months before letting both side know the outcome. Some you win, some you lose

 

Fingers crossed for Mr B

 

S.

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Deal with your debts:

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Is this case about unenforceability, or default notices, or something else?

 

BF

 

for reference, this was the brandon case that was the subject of the appeal hearing on 12/7.

 

 

[ATTACH=CONFIG]28909[/ATTACH]

IMO

:-):rant:

 

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I note that in clause 48 the judge is presumably directly refering to the Durkin case and states his treatment was "Clearly outrageous". Hopefully this will be reflected when it is presented to the Supreme court shortly

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  • 3 months later...

COURT 8

Before LORD JUSTICE PILL

LORD JUSTICE GROSS and

SIR RICHARD BUXTON

Tuesday, 25 October, 2011

Not Before half-past 11

FOR JUDGMENT

APPEAL

From County Courts

FINAL DECISIONS

B2/2010/1463 Ian Karl Robert Brandon -v- American Express Services Europe Ltd. Appeal of Defendant from the order of His Honour Judge Roderick Denyer QC, dated 25th May 2010, filed 15th June 2010.

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Fingers, toes, everything crossed for him xxxxxxxx

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yes good luck i am sure he will need it , the judges may look at it and think this one is trying to rock our comfortable boat , but lets hope not and the judges have a sense of justice and decide it is time the ****** banks had a good kik up the backside once and for all

patrickq1

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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Fingers, toes, everything crossed for him xxxxxxxx

 

Yep indeed.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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he seems a young judge so that is a good sign

 

 

 

His Hon Judge Denyer, QC's Biography

 

Forename(s) Roderick Lawrence Sex Male Decorations QC (1990) Date of Birth 1/3/1948

Surname DENYER Style His Hon Judge Denyer, QC Recreations cricket, 1960s pop music

 

His Hon Judge Denyer, QC's Professional Career

 

Career called to the Bar Inner Temple 1970 (bencher 1996); lectr in law Univ of Bristol 1971-73, practising barr 1973-2002, former head of chambers, recorder of the Crown Court 1990-2002, circuit judge (Wales & Chester Circuit) 2002- His Hon Judge Denyer, QC's Publicationsand Publications

 

Personal Injury Litigation and Children (1993, 2 edn 2002), various pubns in legal jls

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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Oh I do so hope we'll be smiling tomorrow!May the Gods be with you Mr Brandon.

Notwithstanding the fact that I sometimes ramble and I'm such a worrier, all postings are made with the best intent and entirely without prejudice.

You are welcome to use any information you may find here entirely at your own risk. Please do not hold it against me! :p

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Yup, mutterings are positive, but you never know...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Excellent. Time to take stock of the implications...

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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I think it mainly states that the judge cannot override statute.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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I must confess, after reading the judgement, I have no idea of the implications, other than that errors in service of a default notice are not minor and cannot be overlooked. I am guessing that after failing to serve a DN correctly, the lender cannot then go on to terminate the account.

 

It doesn't seem to have been argued that a contractual right to terminate undermines the CCA and is incompatible with the protection to the consumer it seeks to give.

 

It can be seen though., that AMEXs attitude was that errors in DNs don't matter because we can terminate any way we like.

 

It would seem that Mr Brandon is still liable for the debt as their illegal termination doesn't seem to ended their right to collect it.

 

I am puzzled though as to Amex counsel claiming that the agreement continued and it was only the card itself that was terminated.

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