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CPUTR 2008 questions and advice....


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Thanks Brig the way I see it I have nothing to lose really - if I don't try to defend I will get a CCJ and prob they will try to get a charging order and If I do and lose the same will happen....

GS

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We could really do with a thread dedicated to fighting claims based on recons. Quite a few creditors/dca's seem to be chancing their arm with this now, and it needs to be vigorously overturned, either at preaction stage (forcing them to produce documents and going for an unless order/strike out for non compliance) or with all the relevant arguments/case law in one place.

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

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Certainly looks that way Elsa it used to take weeks for a recon to surface

now it's as if they have a stack ready printed or a template on their systems,

waiting for the threat monkey to press the button.:madgrin:

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Sounds like a good idea.... although there's a risk it might get as long as the "Manchester" thread. I've often considered editing it down but think it might take over my life :!:.... so haven't done anything about it so far.

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Aye, I started doing the same thing with the legal issues threads...arghhhhhhhhhhhh!!! So much repeated/conflicting/changing info it's a nightmare.

 

There's a case on here at moment where the OP has received a claim and they've refused (so far) to provide original, stating they supplied a recon last year in response to a CCA request and that's what they'll be relying on. Fortunately they put the wrong address on it but we ain't going to tell them that yet, LOL.

On another thread a totally gormless DCA refused a CCA request on a defaulted/terminated agreement on grounds that s 77-79 only applies during the currency of the agreement. Eh? Whilever there's (alleged) money owing, it's current. The world has gone mad. :sad:

 

Edit to add link: http://www.consumeractiongroup.co.uk/forum/showthread.php?276583-1st-Credit-amp-LCS-Battle-court-papers-received-help/page17

Edited by Undercover-Elsa

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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Hi Elsa - can you post up the links please

 

On another matter - here's my defence if anyone would like to have a look and pass on any comments on it; would be much appreciated.

http://www.consumeractiongroup.co.uk/forum/showthread.php?278373-Citi-Cards-and-Cabot&p=3500524#post3500524

Thanks

GS

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Aye, I started doing the same thing with the legal issues threads...arghhhhhhhhhhhh!!! So much repeated/conflicting/changing info it's a nightmare.

 

There's a case on here at moment where the OP has received a claim and they've refused (so far) to provide original, stating they supplied a recon last year in response to a CCA request and that's what they'll be relying on. Fortunately they put the wrong address on it but we ain't going to tell them that yet, LOL.

On another thread a totally gormless DCA refused a CCA request on a defaulted/terminated agreement on grounds that s 77-79 only applies during the currency of the agreement. Eh? Whilever there's (alleged) money owing, it's current. The world has gone mad. :sad:

 

CPUTR can be used in both of those scenarios..... much better used prior to court action though, IMO.

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Afternoon ladies and gentlemen,

 

The member means2anend, recommended that i ask for further help on this section to my questions and what further action to take, he specifically mentions CPUTR and i would be most appreciative should any member point me in the right direction.

The thread is titled 'Red debt help' in the Debt Industry forum and i have just made a post in there so should be easy to find, my username being 'lincsloon', thanks in advance.

 

regards

lincs

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They have it right turning the tables from defendant to claimant

puts the onus of proof very firmly on the debtor, and unless

you are represented it can come unstuck very quickly.

 

 

Kneale v Barclays!!! CPR 31:16(2)

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Please elaborate.

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CPR 31.16 (2) application must be supported by evidence?

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

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We could really do with a thread dedicated to fighting claims based on recons. Quite a few creditors/dca's seem to be chancing their arm with this now, and it needs to be vigorously overturned, either at preaction stage (forcing them to produce documents and going for an unless order/strike out for non compliance) or with all the relevant arguments/case law in one place.

Elsa x

Totally agree Elsa. :thumb: CAG has to continually adapt to the tactics being used by the opposition now, not only what they used in the past.

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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It is certainly a whole new game now, and progressing a

great rate.

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:

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What is a recon agreement ?................................I have just seen one where the only thing on it that could be deemed to be correct is the persons name & address, the rest (it was for a loan) was totally wrong, the amount was for about 4 times the correct amount, the ref number was wrong, the apr and the term over which it was to be re paid was wrong..........................................Surely it has to resemble the original a bit more than that?

Dispatch, “We have a 911, Armed Robbery in progress, see Surplus Store corner of Peebles Drive and West 24th Street”

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Hi Sttersthwate,

A reconstituted agreement consisting of all the original and varied

terms and conditions,including original and varied interest rates, but

without the signatures of the borrower or lender.

These are being accepted more and more by the courts,

especially when supported by statements of the account

showing the debtors payments and or withdrawals on the

account,also often a signed application for is produced.

 

To get all the data from the OC it is necessary to do a Subject Access Request

under the Data Protection Act 1998.

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:

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This will one of the famous ''CLERICAL ERRORS'',

I believe if a recon is received you must do the

SAR to the OC.

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:

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Yeah!! Nice one Priority! :-)

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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CPR 31.16 (2) application must be supported by evidence?

 

Yes and like Carey et all he was the Claimant...therefore the burden fell upon him to show that the originally signed executed agreement existed as opposed to simply relying upon the defendant to fail to come up with one.

 

Secondly the beauty of CPUTR 2008 is that it is a pre-court tool which can get around that burden by getting the DCA/OC to confirm/deny whether one does in fact exist....the idea is to get in quick.

 

Challenging Reconstituted agreements would be most timely and would iron out the confusion between s77/s78/s61/s189 Carey @ paras 108 and 234,proof of information and proof of execution purposes and explaining why recons do not need a siggy due to Copies of Documents and Cancellation Of Notices Regulations 1983 and how the DCA/OC use this piece of legislation to get around the fact that they do not have an original signed executed agreement and attempt to pass it off as a s61 copy and the power of s127(3)

 

rgds

 

m2ae

Edited by means2anend
change 'debto'r to' defendan't
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Agreed, as quick as possible.

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:

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