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    • when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
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Cap1 & CCA return


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Thats only for cards and loans etc taken out when the new regs come in it's not retrospective.

 

I know it's not retrospective Terminator, but imagine the scenario of somebody applying online for a loan and being classed as signing it by entering something as simple as an email address.

 

We have discussed at great length the possibility of unscrupulous lenders using old and 'unused' application form to try and enforce agreements. Now we have the additional problem of them creating accounts for any online application and using the same electronic signature as verification of the agreement.

 

It is not beyond the wit of man to actually gain access to almost anybodies email box, download the appropriate emails and prevent them getting to the rightfull owner, thus they can reply to them as if they are the owner.

 

That scares me a lot more than an application form (with the statutory parts) being used for a double purpose as the major part of an agreement

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I know it's not retrospective Terminator, but imagine the scenario of somebody applying online for a loan and being classed as signing it by entering something as simple as an email address.

 

We have discussed at great length the possibility of unscrupulous lenders using old and 'unused' application form to try and enforce agreements. Now we have the additional problem of them creating accounts for any online application and using the same electronic signature as verification of the agreement.

 

It is not beyond the wit of man to actually gain access to almost anybodies email box, download the appropriate emails and prevent them getting to the rightfull owner, thus they can reply to them as if they are the owner.

 

That scares me a lot more than an application form (with the statutory parts) being used for a double purpose as the major part of an agreement

 

I agree with what your saying there Tam obviously the person who dreamt it up didn't think of the implications, for instance fraud.And as you say by simply adding an email address it could be classed as being signed.

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ok I need to quote the bit that says a company cannot profit while in default. Does anybody know EXACTLY where it is ? I need it fast for a BIG claim going into Barclaycard this weekend and I dont really have the time to troll through CPA,CCA etc etc right now :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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ok I need to quote the bit that says a company cannot profit while in default. Does anybody know EXACTLY where it is ? I need it fast for a BIG claim going into Barclaycard this weekend and I dont really have the time to troll through CPA,CCA etc etc right now :D

 

 

Hi Tam,

 

Is this what you're looking for (from the CCA):

________

78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

 

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

 

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement; and

 

(b) if the default continues for one month he commits an offence.

 

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

____________

 

Sorry it's not as quick as you may ahve needed -only just seen the email!

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if you were to cca bank regarding an overdraft and there was no agreement, would that become unenforceable? its still lending with no agreement?

 

I'm not sure mate, I would have thought not. However it would be best using a DPA request, as a CCA request would be inappropriate....if they can;t provide the original app with your request, try challenging them and see what they say.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

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if you were to cca bank regarding an overdraft and there was no agreement, would that become unenforceable? its still lending with no agreement?

 

Yes and/or no.

 

It's a bit of a grey area, though overdrafts with a set limit are specifically identified in the CCA as an example of running-account credit. Your bank might say it's definitely not regulated by CCA, but what do they know?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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meagain, I think he was meaning if they cannot provide any proof of an agreement, even an application form!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Is that not the question I just gave the non-committal "yes and/or no" answer to then?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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lol, ah i see, I thought you were referring to the credit agreement to be supplied under the CCA request! ;)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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(edited out from previous post since a reply appeared before it was edited in *sigh*)

 

If it turns out to be not regulated and not subject to the provisions of S78, then the debt might not be barred after around 6 weeks if they later manage to locate your original application. Just needs to be considered. Erring on the side of caution and all that.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Absolutely

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Thanks Un1 but thats not the bit I was looking for :(

 

I seem to recall that somewhere there is something that clearly states they cannot profit while in default. I know they can't enforce it but I need to quote the bit about profiting from unlawful activity. This is need to justify my rather large claim to Barclaycard.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Of course, an entirely random thought is to add a request for specific performance in writing off the debt to a charges claim against a defaulting creditor Not sure how this would go down, but my own PoC against HSBC will probably be longer than the space on the form.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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tamadus your concerns are well founded.

 

However there is one way to stop this happening & that it refuse to use the internet to conduct any borrowing business. Nothing but phones & hard copy.

 

I realize it might be inconvenient for many (including me) but they might then get the message & we the consumer would not be at risk from the crooks we know are out there

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I agree Jon but it will continue as long as enough people do it.

 

It's a bit like the price of petrol, they would soon lower it if nobody bought any for a week but in reality it's not going to happen.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I agree Jon but it will continue as long as enough people do it.

 

It's a bit like the price of petrol, they would soon lower it if nobody bought any for a week but in reality it's not going to happen.

 

 

Guess what dave........

 

BBC NEWS | Business | Supermarkets move to cut petrol

 

Sorry!!

Smoothy

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Guess what dave........

 

BBC NEWS | Business | Supermarkets move to cut petrol

 

Sorry!!

Smoothy

 

LMAO trust somebody.

 

Its not exactly the same as us demanding a substantial reduction by not buying it though which is what I meant. I also notice that OPEC intend pushing the wholesale price up anyway.

 

Considering petrol is a waste by-product from refining crude they make enough money from it.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Perhaps we should mount a 'boycot the internet when dealing with the money lenders & their agents' (needs a better title) campaign. Great Idea for a new thread in the campaign forum. Anyone agree?

 

I'm in full agreement with almost any campaign that means we can show consumer rejection of higher prices, especially where it is something that leaves us in such danger of fraud and abuse.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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ok I need to quote the bit that says a company cannot profit while in default. Does anybody know EXACTLY where it is ? I need it fast for a BIG claim going into Barclaycard this weekend and I dont really have the time to troll through CPA,CCA etc etc right now :D

 

SEctions 77,78 & 85 all have it in writing, 'not allowed to enforce the agreement', by that all terms of the agreement from data distribution to interest application.

 

In addition, common law states that you are not allowed to profit from an illegal (or unlawful) act. Thats why the suicide law was repealed in the early sixties, because it was illegal to try or commit suicide, which precluded any insurance policy paying out.

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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SEctions 77,78 & 85 all have it in writing, 'not allowed to enforce the agreement', by that all terms of the agreement from data distribution to interest application.

 

In addition, common law states that you are not allowed to profit from an illegal (or unlawful) act. Thats why the suicide law was repealed in the early sixties, because it was illegal to try or commit suicide, which precluded any insurance policy paying out.

 

Mike

 

Mike its that case law I need, the principle is well established now but I need to be able to quote it and all my searching has not come up with it.

 

It really is important as this case is going to lift the lid of a lot of cans full of worms when it hits.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Perhaps we should mount a 'boycot the internet when dealing with the money lenders & their agents' (needs a better title) campaign. Great Idea for a new thread in the campaign forum. Anyone agree?

 

 

How’s about No Applications Signed OnLine...

Only drawback is the acronym is N.A.S.O.L might get mistaken for a sinus remedy!!

But I totally agree... it’s about time consumers started fighting back in stead of rolling over and accepting practices that jeopardize their rights.

Smoothy

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FAQ's and when your ready, start a thread in your banks forum to keep us all updated!

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You could always spell out the 1st word..........NO......A.S.O.L The telephone coversation with the money lender could go something like

 

Them/ "excuse me did you say your a member of the No Applications Signed on Line"

 

You/ "yes......No ASOL"

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You could always spell out the 1st word..........NO......A.S.O.L The telephone coversation with the money lender could go something like

 

Them/ "excuse me did you say your a member of the No Applications Signed on Line"

 

You/ "yes......No ASOL"

 

LMAO

 

no other comment needed :D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

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