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New Legal Action Blog - suggestions for posts for inclusion


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Following on from discussions in the Legal Action -How to Start Off thread,

I am compiling a collection of all the most informative and helpful posts on dealing with litigation.

 

There are numerous excellent postings throughout various threads on CAG, but due to the passage of time and queries/posts in between, the valuable core information tends to get lost.

My intention is to group the vital information together in logical sequence to form a step by step guide, all in one place.

 

It will also be a good opportunity for original authors to amend or eloborate on their original (now uneditable) posts if they wish...just let me know.

 

I take no credit for the intended content, all original authors and anyone who helps with the compilation will be credited. :-)

 

I would therefore be most grateful for any suggestions for inclusion, with direct links to the relevant posts (as opposed to an entire thread).

 

The obvious place to start is with the Legal Action thread, so I'll get stuck into that.

All other suggestions welcome!

 

Many thanks,

 

Elsa x

Edited by Undercover-Elsa
  • Haha 1

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

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Well - the Split Claims need to be covered, the link is below but I think it needs be document in a better way. Some of us have been asked to write a blog on it and there have been a few new ones recently.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276741-Some-solicitors-using-Split-Claims-how-does-one-defend&highlight=Split+claims

Edited by citizenB
replaced non working link

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Hi Coledog,

Thanks for that..good point! Split Claims bring our friend BC especially to mind :roll:

Elsa x

 

PS....Just checked the link but it doesn't seem to work...

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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No probs, thanks Coledog.

This is a subject well worthy of it's own seperate blog

If as you say you or anyone else with special interest in / experience of split claims is planning to write one, that would be brilliant, I could then link to it directly.

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Don't know if it will be useful, or even if it is the sort of thing you are looking for. But I am aware since Carey a number of lenders / DCAs are citing it is authority to use reconstituted documents as proof of executed agreements. I think this is dead wrong and did some work on arguments against it here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?173201-why-you-shouldnt-use-section-77-78-CCA-1974-if-you-want-the-signed-agreement&p=3214796&viewfull=1#post3214796

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It is staggering that they 'cherry pick' the bits they like and totally ignore the bits they don't like, they try to refer to other legislation to try to make their case.

 

Don't know if it will be useful, or even if it is the sort of thing you are looking for. But I am aware since Carey a number of lenders / DCAs are citing it is authority to use reconstituted documents as proof of executed agreements. I think this is dead wrong and did some work on arguments against it here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?173201-why-you-shouldnt-use-section-77-78-CCA-1974-if-you-want-the-signed-agreement&p=3214796&viewfull=1#post3214796

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Useful link I saved on CPR Rules from MOJ - worth including somewhere

 

http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_pre-action_conduct.htm

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This thread is a good one as it is for a claim where no documents are mentioned in the POC therefore a CPR request was not appropriate. The poster just sent defence which is a pretty good one in the circumstances.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?286860-Court-claim-form-(Bryan-carter)

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At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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Coledog, you're a star..thankyou :-D

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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No problem - the stuff is there, it is just a matter of pulling it all together and sorting out what works and when to call a solicitor!

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Excellent idea, UC.

 

Coledog, I replaced the non working link in your first post.. so they now both work :)

 

I will also sticky this for the time being.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks Cb :-D

Right..I'm now officially going to hit THE SALES!!

Retail therapy, just what I need today :-)

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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  • 3 weeks later...

At your Service

 

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That's a brilliant result! Thanks for the link Coledog.

 

The text duly saved to a Word file in case it gets lost!

 

Just to update on this thread..work still in progress..I'm trolling through everything I can think of copying and pasted into word prior to putting it all in some kind of order. See you next year....:-)

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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That's a brilliant result! Thanks for the link Coledog.

 

The text duly saved to a Word file in case it gets lost!

 

Just to update on this thread..work still in progress..I'm trolling through everything I can think of copying and pasted into word prior to putting it all in some kind of order. See you next year....:-)

 

So, you are not still at the Sales then, Elsa :lol:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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for those worried that Brandon closed the door on DN defences let me confirm that his judgement was based SOLELY on the fact that although the claimant had not given 14 days from the date of service- they had in fact not terminated for 21 days

 

EVEN THIS can be countered by the decision in WOODCHESTER (which brandon does not over ride) - that unless the creditor complies fully with s87 in respect of the DN "With Precision£- then he is not entitled to take the "next step" ( notice no mention as to whetehr or not the debtor is prejucided in any way

 

and as we all know this is being appealed

 

however here is the part of the Brandon judgement that can be used in support of DN defences which are not the same facts as brandon

 

Now, somewhat theoretical though it is, had American Express taken enforcement action within 14 days of 19 June, it may well be that the validity of that enforcement action would have been open to challenge. I express no final view on the matter but I do understand the argument because, to go back to section 87, it must specify the nature of the breach and if the breach is capable of remedy what action is required to remedy it. The whole idea is that a debtor should have 14 days within which to redeem the position, in this case pay £275.80. So I understand the argument. As I say, I do not dismiss it as being unreal. But, the fact of the matter is no enforcement action was taken within 14 days of 19 June.

 

 

a further argument (and what i suspect might do the judge in brandon down if used at appeal) is that the judge himself confirmed that a letter of termination serves to end an agreement

 

so unless he is suggesting that at the time the DN is served- the debtor has a magic ball and is able to work out if or when the creditor will terminate (despite him saying clearly in the DN that he will do so on a certain date) the debtor is left only with the conclusion that the agreement HAS been terminated

 

if the creditor is unaware (as he often is until much much later) that in fact the termination was not lawful- and did not signify the end of the agreement- and if a high court judge understands a termination letter to have brought the agreement to and end - how the hell is the hapless debtor supposed to know differently?

this is what the judge said in Brandon:-

 

35. What did happen was this. On 11 July 2007 American Express sent a notice of cancellation to Mr Brandon:

 

“This letter serves as notice of cancellation of your account and credit card account agreement with immediate effect. All monies outstanding on the account are now payable in full,”

And then it goes on to say that the account has been transferred to a debt collection agency.

“After a period of 28 days from the date of this letter steps will be taken to register the default status of your account with the credit reference agencies Experian and Equifax.”

 

36. So there is a termination on 11 July and further, providing that if nothing happens within 28 days, details of Mr Brandon would be supplied to the credit reference agencies.

 

37. On any view that letter seems to me to be an effective means of bringing the agreement to an end.

 

 

any suggestion therefore that 3/6/9 months later when the matter gets to court and the creditor realises his mistake= that the debtor should re visit his interpretation of the termination letter and correct his actions is clearly poppycock.

 

thus the creditor IMO will find it impossible to serve a second DN since the debtor understood the agreement to have ended- and even the creditor himself understood that to be the case until much later.

 

therefore any suggestion that the debtor would not be prejudiced by this event would equally well be nonsense]

Edited by diddydicky
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Morning Coledog :-)

Thanks yet again, you're a star!

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Thanks too Diddydicky,

some great points there, and I fervently hope Mr Brandon is allowed his chance to appeal this appalling (lack of) judgement.The permission to appeal hearing is this Friday isn't it?

 

CitizenB...yes I'm back from the sales, and what did I buy? A bleddy PLATE. Just one. Oh, and a teapot. Visions of a bargain winter coat and boots receeding fast....:roll:

 

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Share on other sites

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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