Jump to content



CPUTR 2008 questions and advice....


Please note that this topic has not had any new posts for the last 3360 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Good afternoon folks....:-)

 

Upon request, I have started this thread for questions/advice re. CPUTR because my last thread had grown too long for people to find relevant information. I have gone through all postings on the other thread :!: and noted the ones to keep and the ones to be removed/hidden and once this list has been emailed over to CitizenB.... (later today, I hope) it should then be far easier for people to follow the original CPUTR thread. If not, any questions can be asked here.

 

For reference, the original thread is now a "sticky" and the link is below :

 

Fighting back with CPUTR 2008....

 

I am now shattered and off for a lie-down !!... :lol:

Edited by citizenB
amended link
Link to post
Share on other sites
  • Replies 354
  • Created
  • Last Reply

Top Posters In This Topic

Thank you for your work, good job you have a week to recover:-) CPUTR is often overlooked and anything that brings it to people's attention is excellent.

Link to post
Share on other sites

Excellent, Thank you:!:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Yes its a good effort.

It is well worth printing a copy off for reading-although it does go into many pages.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Have to say that a lot of people, (inc me) will appreciate you efforts on this, now and in the future - excellent stuff

 

David

Link to post
Share on other sites

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

Link to post
Share on other sites

I know this is in danger of becoming a P1 tribute thread, so maybe I could get it back to questions and answers by saying a final thank you on behalf of everyone on CAG - you really have done an incredible job which is much appreciated by ALL of us. You are an absolute star!

 

And so on to questions..............

Link to post
Share on other sites

OMG... no tributes please.... I ain't dead yet :lol:..... although if Brian Carter has his way, I might be soon.... :madgrin:

 

This particular account is still with the OC but has been through 3 DCAs and one solicitor already...... so let's see how he responds to a request under CPUTR. I've heard that Mr Carter tends to issue court papers like confetti.... but will he still pursue it?

 

Place your bets now.... ! 8-)

Link to post
Share on other sites

PO 1 Carter O:madgrin::!:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
Yes its a good effort.

It is well worth printing a copy off for reading-although it does go into many pages.

 

There will be far fewer pages once the editing has been done.... :-)

 

Other thread fully edited. Well done P1 for sticking with it :)

 

Your link in the first post was broken, I have mended it for you.

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

Link to post
Share on other sites

PER ADUA AD ASTRA may the stars of CAG prosper:yo:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Thanks P1...

 

But correct me if i am wrong here....is the OTHER main thread purely for factual experiences...and THIS one for Q and A's???????????????????????:?: s'pose this is the 1st question:-)

 

rgds

m2ae

Link to post
Share on other sites

Thanks for all your help CB.... :-)

 

Yes, M2ME.... the main thread is for people wanting to familiarise themselves with CPUTR and what can be achieved. It just got too huge for people to plough through and it was suggested to edit it down... before it got as long as my "Manchester" thread... :jaw:

 

This one is for questions/advice.... but if we need to direct people to the first thread, they'll be able to get the gist of what it's all about from that and if there are any post-request experiences/responses to add to that thread, we still can.... without clogging it up.

 

:-)

Link to post
Share on other sites

Good on yer P1.

 

I'm sure there'll be questions soon enough on zis thread...

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

Link to post
Share on other sites

If I need to use CPUTR2008 at some stage,will the fact that I have sent an I & E to some DCA's in the past be in some way an admission of debt and take away the very power of CPUTR 2008.

I have read through the threads re CPUTR but could not find an answer to this.

Please advise.

Thanks

Link to post
Share on other sites
If I need to use CPUTR2008 at some stage,will the fact that I have sent an I & E to some DCA's in the past be in some way an admission of debt and take away the very power of CPUTR 2008.

I have read through the threads re CPUTR but could not find an answer to this.

Please advise.

Thanks

 

IMO, no. CPUTR is used for clarification; to see where you stand based upon what they're threatening to do to you at the time. A lot of the time, it means that we have to read between the lines because companies seem reluctant to say one way or the other if they don't have relevant documents, etc. Having said that, some have just written back and said that they are no longer handling the account.... leaving you to draw your own conclusions.

 

Sending an IE sheet is attempting to co-operate. Responding to a request under CPUTR is asking them to co-operate back.... that's all.

Link to post
Share on other sites

Thanks P1

Thats clear.

I'm sure I will have more questions as and when the need arises.Its really great to have such a thread as this.

Thank you.

Link to post
Share on other sites

HI

 

Yes there is a lot of information on the thread. I haven't really looked into this much so forgive me if this has been gone ove before.

Regarding the practical use of the legislation, i notice that several posts mention "Criminal sanctions" for breach of the act. Could you elaberate for me, are these sanctions itemised within the act itself, and who can set off the enforcement proccess, the cosumer, the oft?.

Also do these breaches have to be indemic( ie. something that effects many consumers) or can it be an individual act against an individual consumer?

 

Peter

 

Peter

Link to post
Share on other sites

HI

Ok Just read some of the act, OFT and Enterprise act, i see.

 

The act does seem to continually refer to "commertial practice" though this would seem to me to indicate that the regulation was intended for commertial breaches rather than individual ones, looking at the actions that have been taken using these regs, they same to confirm this.

Advertising problems, misseading claims, not seen anything yet that would show how this would aid an individual who is trying to get a copy document for instance, there is no sanction regarding enforceability available for any breach.

 

Would you not have to show that any breach was systemic in order to get an enforcement? Would it be likely that a creditor would have a system in place that issued incorrect copies. I mearly seek clarification.

 

Peter

Link to post
Share on other sites

Hi Peter...

 

The only case so far that i am aware of in intepreting this Regulation was this year in the High Court

 

OFT v Purely Creative Ltd...although not in context of Consumer credit Agreements it nonetheless clarifies terms such as 'average consumer,'transactional decisions,''misleading actions/omissions' .....

 

There is also an OFT CPUTR 2008 Guide published by OFT I cannot remeber what coed it is for now but I am sure that someone vwill help

Link to post
Share on other sites

Hi

Yes i have a copy of the regs, i was just after some examples of how it is enforced. I fo9und some here

 

http://www.google.co.uk/url?sa=t&source=web&cd=2&ved=0CCQQFjAB&url=http%3A%2F%2Fwww.mablaw.com%2Ftag%2Fcputr%2F&ei=5i3lTZrRPMW28QPet_yIBw&usg=AFQjCNEvm14NPLVnJUggLFhxaVPnXI9fYw

 

THey all seem to be concerned with the breach of a companies requirements to comply with a general provision, if you see what i mean. I was looking for something that showed these regs can be used on an individual complaint.

 

I noticed the letter on the other thread that referd to the regulation being used to compel creditors to only say they can send a true copy, if the orriginal executed agreement was available.(otherwise they would breach section 5 of the reg)

 

This is interesting, i just wonder if it appropriate to use it in a one off situation, looking at the regulations it seems to me that the requirement would have to be made on the finding that the company issued copies in this manor on a regular basis, or that this was a systemic breach.

 

Peter

Link to post
Share on other sites
Haven't you questioned this on another thread Peter?

 

Although I can't remember which one or what the response was! :?:

 

Hi no not looked at this regulation before. But it is quite a fundemental point and is similar in this respect to the enterprise act i think. If you have discussed this before i would appretiate the link.

 

Peter

Edited by peterbard
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...