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    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
    • Hi. this is a long one, please forgive me.   I had extensive works on my home in Oct 2018 which included a loft dormer.  pursued builder for some snagging issues but nothing major (windows sticking, grouting racks and plaster cracks etc.) to no avail, builder gave me lots of excuses, illness, family issues which I was sympathetic to.  All of which came to heads in Oct 2019 when the dormer roof began to leak very suddenly and severely.  He came back to 'rectify' it a few weeks later and either ignored a lot of the other things or did them very poorly. the roof began to leak again May 2020  with damp patched appearing and then building up to an active drip in October 2020.  I tried contacting the builder which was ignored and instead I contacted my insurance/CAB and tried to gather evidence and quotes to rectify which was difficult given the pandemic.  My insurance has since said they wont help under my legal cover (this is with the FOS) and so I'm trying to resolve this by myself.  I contacted the builder with all the evidence in November 2020, he said he would put a claim into his insurance.  I asked for the details, timescale to be expected and asked him to arrange a temporary roof to mitigate his losses as well as reduce further damage to my home, he ignored these requests and  seems to have blocked my calls, only contacting me by text to say 'no news from inrsurers, they will contact you in due course.'   He is not a limited company, that apparently matters.  I have since sent him this letter, it is a huge amount of money, I've asked for full refund of the works, but in actual fact I'm aware that if he engages, he will likely barter with me to get me down, I know that and only hope that if we can agree on something, it is the cost of rectification as well as temporary accomodation whilst the roof is being replaced.    Do you think I can do this on my own?   Dear ___________, I have discovered the following problems with the work you have done for me:  ·         The roof of the dormer/loft room is leaking again, despite your attempt to fix this in October 2019, causing water to trickle into the ensuite shower room as well as the bedroom through the ceiling light, window and door fixtures.  Following heavy rain, the leaks are bad enough to fill buckets and there is water running down walls around the windows and also soaking into the wooden structure causing water marks in various areas of the loft room, loft landing and downstairs rooms. ·         The water ingress has affected the electrics in the house and has caused them to trip several times.  There are several double sockets in the bedroom which cannot be used due to watermarks around them, meaning there are more extension plugs being used which is not only inconvenient but higher risk. ·         The tiling in the bathroom was an inadequate job: the floor is uneven and the tiles have become loose there, again, despite your attempt to rectify in October 2019.  The tiles behind the shower are bulging, indicating there is water behind them.  The grouting has gaps and hairline cracks all over it which you were supposed to fix in October 2019 but did not. ·         The resealing of the shower in October 2019 was a very messy and uneven job, you did not even match the colour silicone, nor did you use an anti-mould silicone.  The shower continues to leak. ·         The shower does not drain properly, you ‘wet vacuumed’ this in October 2019 and this did not make a difference.  There is not a big enough fall on the drainage system, something I asked you about at the time of installation and which you dismissed. ·         The joints on the plasterboard under the plaster are showing, as is the edging to the window frames, which means the plaster is bubbling and bulging indicating water ingress. ·         The windows in both the ensuite and the bedroom stick and do not open or close properly, nor do the locks work.  You used WD40 or similar in October 2019 to try to rectify this, but it is still an issue.  The windows have not been installed correctly.  ·         There is a crack from the window frame in the bedroom to the floor where the window has been poorly installed. ·         During the original work you completed in 2018, your workers fell through the bedroom below ceiling 3 times and failed to waterproof the house adequately when there was no roof during the building works.   This resulted in a great deal of water ingress in the bedroom below causing the existing plaster to delaminate and blow on the walls.  I have since had to have this whole room re-plastered at a cost of much more than the £300 you permitted me to retain.  ·         The back porch which was leaking:  you undertook and charged me to seal this off and make the room watertight.  The waterproof sealant you used washed off and you recoated in October 2019.  This is leaking again.  The board you used to overboard the old back door is not sealed correctly and is letting in water, causing the boards to swell.  I have tried to resolve this myself but have been unable to and therefore need this to be done by a professional. ·         The back double patio doors have not been sealed correctly at the sides, this lets water in to the plaster about 2 foot off the ground when the weather is stormy. ·         The patio doors do not seal at the bottom and again, let water in at the bottom of the doors.  They also allow a draft in and hot air out which make the house less energy efficient. The patio doors do not close or lock properly, especially in summer. Despite you attempting to rectify this in October 2019, this has not resolved the issues with the doors.  They are not level, do not close properly and are not water or airtight. I have given you several opportunities to rectify these issues and you either did not attempt to or the attempts you made failed to resolve them.  As I have given you opportunities to rectify this work already, I do not wish for you to attempt again The Consumer Rights Act 2015 says that reasonable care and skill must be used while working.  In my opinion, you did not use reasonable care and skill when you carried out the work on my home and you have broken your contract with me.   I am therefore seeking a full refund on the works you carried out on my home in 2018. I ask that you pay me the sum of £46,000 so that I can have your mistakes rectified. You have informed me that you have submitted a claim to your insurance company, from whom I have not heard.  I have tried to contact you for more information about this and the timescales involved and have given you ample time to contact and address my concerns as well as to try to agree on a temporary resolution which might have mitigated your losses.   However, you have either ignored my communications completely or have responded by saying that there has been no news from your insurers.  At no time have you provided me with more detailed answers to my queries. The liability for work carried out lies with you and not your insurer and I feel I have been very understanding and patient on these matters over the last two years.   However, it is over 2 years on from the original works and I wish to have the habitable space I paid you for. You admitted your error whilst on a telephone call with me on 26/11/20 citing that you used the wrong type tape for the roof and you have never disputed error on the other matters, therefore I hope this situation can be resolved with ease and rapidity that will prevent further damage to my home. Please contact me as soon as possible, and no later than 10 days from the date on this letter, i.e. no later than 26th January 2021, to agree a date by which I can expect the requested payment. If I do not hear back from you in the time suggested above, I will be instructing my solicitor to pursue this claim.  Should you be a member of a dispute resolution scheme, I am willing to consider this as a means of mediation.   yours sincerely,    ___________________     Any advice on what to do should he ignore this letter or refuse to engage is very much welcome, I cant afford to mess this up again (the first mess up being choosing this individual for the works in the first place). 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

CPUTR 2008 questions and advice....


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This is very dangerous. Quoting this, that, and the other rule, which refers to this, that, or the other rule, is just going to lose you favour with any Judge on first contact. By all means outline your case, but don't start relying on technicalities to defend your position in that way. Do so at your peril. I should know...

 

Have to agree I've sat and listened to this type of defence and claim and

seen both aspects fail with some quite disastrous results in many ways

especially on costs.

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Have to agree I've sat and listened to this type of defence and claim and

seen both aspects fail with some quite disastrous results in many ways

especially on costs.

 

 

there you go. important to consider any poss costs implications in any case. which in some cases may even exceed the amount of the 'debt'!

there is no harm in being aware of what the higher courts and the rules say about this, that and the other! a 'technicality' may make or break a case! alot depends on the circumstances, and what the aim is.

imo

Edited by Ford
typo

IMO

:-):rant:

 

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Hi Ford, the idea that a LIP is going to succeed before a judge even

when faced with a relatively inexperienced paralegal is to my mind a dangerous

proposition twice during the past 2 weeks I have seen cases fail due to over complication

and verbose presentation of really irrelevant point of law, with protestations by defendants

that the judge doesn't know the law and is biased against the man in the street etc.

Neither the judge or others could decipher exactly what was being put forward and the'' balance

of probabilities'' cost all.

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

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hi there

i know what you mean. and, as i agreed/mentioned, the 'warning' is appropriate particularly re costs.

but, if someone wants to know about relevant matters as mentioned then they are entitled to know. but anything would need to be applied/argued correctly.

if the j doesn't know the relevant law and decides otherwise then at least there may be an opportunity to appeal (as Kotecha did for eg).

imo

Edited by Ford

IMO

:-):rant:

 

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Here are 2 case examples of when one discontinues and has to pay All the costs and when one WINS and has costs awarded REDUCED. in both cases the DEFENDANTS won..as I said above although probably not clearly..the decision (of COSTS) will be based upon a number of factors within the rules themselves...merely referring to a rule is insufficient and if that is the impression I gave I apologise i do not wish to mislead..it is not what i meant...

 

 

Teasdale v HSBC Bank plc and other cases

Publisher Citation: [2010] All ER (D) 34 (Jun)

Neutral Citation: [2010] EWHC 612 (QB)

Court: Queen's Bench Division, Mercantile Court

Judge: Judge Waksman QC sitting as a judge of the High Cour

Judgment Dates: 23 March 2010

 

Costs - Order for costs - Discretion - Discontinued claims - Claimants discontinuing claims against defendants on basis that defendants ought to pay all or part of their costs - Claimants applying for costs - Whether claimants ought to recover their costs.

 

This principle was given greater authority in BROOKES v HSBC CA 2011

..although I dont remeber Teasdale itself being considered in Brookes...I may be wrong

 

The Case

 

Costs Order for costs. The Queen's Bench Division gave guidance on the issue of the recovery of costs in relation to discontinued claims. The Court held that there was no good reason for disapplying the presumption under CPR38.6 and that the defendants should have all of their costs in the usual way in circumstances where the claimants had discontinued their claims against the defendant banks

 

 

 

Wright v HSBC Bank plc

Source: All England Reporter

Publisher Citation: [2006] All ER (D) 270 (Jun)

Neutral Citation: [2006] EWHC 1473 (QB)

Court: Queen's Bench Division

Judge: Jack J

Representation The claimant appeared in person.

Judgment Dates: 23 June 2006

 

Costs - Order for costs - Discretion - Claimant acting in person - Claim against bank unsuccessful - Whether conduct of bank justifying reduction in costs payable.

 

The Case

A bank's costs in an action in which it had the validity of a settlement order upheld were nevertheless reduced on the basis of its conduct regarding disclosure and failing to correct the claimant as to the applicable financial rules.

 

 

m2ae

Edited by means2anend
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For our purposes...in Wright it APPEARS that failure to disclose only affects costs and MAY not necessarily the affect the outcome if CPUTR is not confirmed/denied...for proceedings purposes as CLAIMANTS.

 

..so use PRE-COURT and get in early correspondence...and Let THEM initiate proceedings!!!

 

m2ae

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I've now read both threads which are brilliant, but I may have missed something, so apologies if I have.

 

I wrote to two DCAs asking whether or not they had the original signed agreement and quoting CPUTR. No response from one of them several weeks later, but the second has replied that because the account is so old the original OC cannot "supply" a copy of the original agreement. I think this means there is a very good chance that they destroyed it. From other threads on the OC it appears they have destroyed a lot of agreements. :-)

 

They sent some statements and a photocopied copy of a leaflet they allege I was sent at the time. Really?:lol:

 

Now they want me to start a repayment plan. :lol: So, my question is how exactly to tell them to bu**er off. I know I could ignore them, but they can be Court-happy, so I think it's best to reply. What should I quote in terms of Regulations? I've already quoted quite a lot in my various letters, but would just like your thoughts on how to tell them I won't be paying and they know that without an agreement they will have problems. However, Shadow (I think) quotes some examples where people have been taken to Court and lost on the basis of the the DCA providing statements and leaflets. Or were those cases lost, do you think, because the defendant was ill-prepared and hadn't frightened off the DCA/solicitor by letting them know they were familiar with the CCA 1974/Regs/everything else?

 

Being logical, if I were a DCA/solicitor I would probably pursue those cases where the defendant doesn't look as though they are going to put up much of a fight rather than going for someone who is obviously going to throw a lot back, but you never know.

 

DD

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Now they want me to start a repayment plan. :lol: So, my question is how exactly to tell them to bu**er off. I know I could ignore them, but they can be Court-happy, so I think it's best to reply. What should I quote in terms of Regulations? I've already quoted quite a lot in my various letters, but would just like your thoughts on how to tell them I won't be paying and they know that without an agreement they will have problems. However, Shadow (I think) quotes some examples where people have been taken to Court and lost on the basis of the the DCA providing statements and leaflets. Or were those cases lost, do you think, because the defendant was ill-prepared and hadn't frightened off the DCA/solicitor by letting them know they were familiar with the CCA 1974/Regs/everything else?

 

Being logical, if I were a DCA/solicitor I would probably pursue those cases where the defendant doesn't look as though they are going to put up much of a fight rather than going for someone who is obviously going to throw a lot back, but you never know.

 

DD

 

Something like....

 

Thank you for your letter of xx/xx/xx in which you state xxxxxxxx.

 

Your failure to confirm my request under the Consumer Protection from Unfair Trading Regulations (CPUTR) 2008 has been duly noted.

 

Please note that until you decide to address these concerns under CPUTR 2008; that you currently hold an original signed Consumer Credit Agreement pertaining to myself, then no payments will be forthcoming.

 

I have had two firms of solicitors back off after receiving a confirmation request under CPUTR. They either back off, fluff around the issue or answer a completely different question hoping that it'll shut you up. Anything.... but give a direct yes/no under CPUTR.

 

:-)

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..AND...s61 expressly states that an agreement must be signed 'by or on behalf of both parties'...can they PROVE this if THEY initiated proceedings...bearing in mind YOU already have evidence to the contrary...

 

They MAY satisfy s78 but very difficult to ever prove 'proof of execution' now...

 

I say 'may' because a number of debtors have been taken to court as DEFENDANTS this year and last year and have succeeded because of unsatisfactory s78 copies

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...&p=3524227&viewfull=1#post3524227

 

m2ae

Edited by means2anend
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On similar lines..a clause in the T&C's of a post April 2007 loan my OH has states "This agreement is not enforceable against us unless it is signed by us".

Would that not be considered an unfair term if the same didn't apply to the consumer?

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.

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Well this is a case of what's good for the goose...' In Carey the Defendant Banks themselves contended that s78 was for information purposes ONLY....and now they want to put a s78 on par with s61...unbelievable arrogance

 

As DD said...to the ordinary person in the street they would not recognise the significance...and therefore be ineffective in their DEFENCE.

 

How many also know how to read transcripts and digest the meaning properly the way it was intended....to be able to differentiate the obiter rorm the ratio...to know which cases have been 'considered' and 'applied' or merely 'approved' but NOT 'applied'....there is a method to separating the actual decision from the 'reasoning' which is the part that is applied to other fact-similar cases......

 

m2ae

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On similar lines..a clause in the T&C's of a post April 2007 loan my OH has states "This agreement is not enforceable against us unless it is signed by us".

Would that not be considered an unfair term if the same didn't apply to the consumer?

 

The don't like it when consumers throw the same logic back at them though, do they?.... :roll:

 

Well this is a case of what's good for the goose...' In Carey the Defendant Banks themselves contended that s78 was for information purposes ONLY....and now they want to put a s78 on par with s61...unbelievable arrogance

 

 

That doesn't surprise me in the slightest..... :roll:

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The don't like it when consumers throw the same logic back at them though, do they?.... :roll:

 

 

No, they don't like it up 'em Captain Mannering!!!

 

:-D

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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..AND...s61 expressly states that an agreement must be signed 'by or on behalf of both parties'...can they PROVE this if THEY initiated proceedings...bearing in mind YOU already have evidence to the contrary...

 

They MAY satisfy s78 but very difficult to ever prove 'proof of execution' now...

 

I say 'may' because a number of debtors have been taken to court as DEFENDANTS this year and last year and have succeeded because of unsatisfactory s78 copies

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...&p=3524227&viewfull=1#post3524227

 

m2ae

 

Such a s.61 failure is, in effect, totally irrelevent thanks to s65 and s127(3)

 

On similar lines..a clause in the T&C's of a post April 2007 loan my OH has states "This agreement is not enforceable against us unless it is signed by us".

Would that not be considered an unfair term if the same didn't apply to the consumer?

 

It already is thanks to the effect of s.127(3)

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.

 

 

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What about post April 2007?

 

s.65 or s.127(3)?

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

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What about post April 2007?

 

The CCA 2006 removed the protection of s.127(3) and allows the court to order enforcement (under s.65) despite s.61 for all agreements dated post April 2007 (when CCA 2006 came into force).

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The CCA 2006 removed the protection of s.127(3) and allows the court to order enforcement (under s.65) despite s.61 for all agreements dated post April 2007 (when CCA 2006 came into force).

 

Yes, but didn't remove the protection in s.127(1)(i)... Has anyone seen any not enforced yet, though? :lol:

 

Anyhoo, we're off topic, so...

 

:focus:

 

:madgrin:

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

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This is off topic but it's important that we spread the word again on Bank Charges...

 

http://www.consumeractiongroup.co.uk/forum/content.php?785-Re-Bank-Charges-Campaign-Continues

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:

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One question if anyone can advise....

 

1-HSBC is the original creditor

2-Marlins have been assigned the alleged debt...yet the notice states HSBC as ASSIGNEE..:???:

3-Marlins then assigns debt to MCE Portfolio using these words

 

'MCE PORTFOLIO has had assigned to it all right,title,interest and benefit in your above account from Phoenix Recoveries (UK) Limited SARL-Marlin Recoveries.This means that MCE PORTFOLIO LTD now owns your account and the right to receive payment of the outstanding balance and has the benefit of any actions taken prior to the assignment.You are receiving this notice from us because MCE PORTFOLIO LTD has appointed us as its managing agent on its behalf.

 

4-then a letter from NEWMAN DCA states

We have been instructed by the above named creditor regarding this outstanding debt.They have passed this debt to us for collection of the outstanding balance.As we have been appointed their agent you should now make sure you contact us directly and not the creditor.We are authorised to negotiate repayment of the debt with you.

 

In 4 above the creditor is Marlin and the letter has RE-Marlin Financial Services Ltd on it....

What is going on???

 

Who should I write a CPUTR letter to?

Marlin assigned to MCE and now Newman ask to deal direct with Newman on BEHALF of MARLIN:???:

 

Does anyone know the relationship going on here or have they (MARLIN) messed up big time...

 

m2ae

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m2ae

mce (marlin capital europe portfolio) is their former 'name'. now known as Marlin Financial Services, according to companies hse!

imo

IMO

:-):rant:

 

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I have asked LLoyds(under Cputr 2008) to confirm if they have my oh original CCA or not

they keep replying with ' we will send it when we find it'

should i now send them the 'I will pay you when you send it' letter

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And only if it is fully compliant if they do find it:madgrin:

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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m2ae

mce (marlin capital europe portfolio) is their former 'name'. now known as Marlin Financial Services, according to companies hse!

imo

 

 

Thanks ford...

 

So really...they are like Lowells aka RED:roll:

 

 

 

m2ae

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