Cap1 & CCA return

[Juslookin]

Another company in Manchester called financial solutions ( or something like that)set up a couple of years ago. They have a site which will tell you if your agreement is unenforceable by inputting some answers on their web form.

 

They will then tell you if it is indeed unenforceable , but not why!

 

If you want to know why, you have to pay them £55. If you want to go ahead and eliminate the balance, they will pass you on to one of their 'specialist partners'. Sound familiar?

By the way, the 'capital letters thing is NOT UK law'

[Juslookin]

Another thing, would you not be classed as a claims MNGmnt company? If so are you registered with the Ministry of Justice?

[tifo]

Another company in Manchester called financial solutions ( or something like that)set up a couple of years ago. They have a site which will tell you if your agreement is unenforceable by inputting some answers on their web form.

 

They will then tell you if it is indeed unenforceable , but not why!

 

If you want to know why, you have to pay them £55. If you want to go ahead and eliminate the balance, they will pass you on to one of their 'specialist partners'. Sound familiar?

By the way, the 'capital letters thing is NOT UK law'

 

Here they are Financial Agreement Solutions

 

If the CAPS thing is NOT UK law, does this mean it is unlawful?

[FANTASY CHARGES]

Here they are Financial Agreement Solutions

 

If the CAPS thing is NOT UK law, does this mean it is unlawful?

 

Terms & Conditions

Please read this agreement carefully as it governs your use of our online services and limits our liability to you. By clicking “I accept” at the end of this screen and accessing the website at www.checkmyagreement.co.uk (the “Service”) you are forming a contract and agreeing to the terms that appear below. References to “you” and “your” are to you as an individual. If you use the Service in the course of your business, you are also agreeing to this agreement on behalf of that business and references to “you” and “your” include your business. If you have any questions please email us at [email protected]

“Members” are those individuals or organisations who have entered into a separate members agreement with Financial Agreements Solutions Limited (“FAS”) and have been provided with a user name and password.

“Licensees” are all other those individuals or organisations who have not entered into a separate agreement with Financial Agreements Solutions Limited (“FAS”) and receive a user name as part of the registration process.

GENERAL TERMS

 

1 Provision of Service

 

1.1 The Service is provided by Financial Agreements Solutions Limited, whose registered office is at: 4 St Andrews Place, Lancashire, BB1 8AL. (the “Company”). If you are a Member, you will have already received a user name and will receive access to the Service following payment for the period of your Subscription. If you are a Licensee you will receive access to the Service once you have completed your registration.

1.2 You acknowledge that you have provided the Company with accurate and complete registration information and that it is your responsibility to update the Company of any changes to that information (including your email address) by emailing [email protected]

1.3 Each Subscription as a Member or Licensee is for a single organisation only as included in your Members Agreement/registration information. On registration/the commencement of your members agreement, you will be allocated a user name and password (“ID”). You may choose to authorise your employees (together “Users”) to use your ID whilst carrying out the business of your organisation. You are responsible for all use of the Service by all such Users and anyone else using your ID and for preventing unauthorised use of your ID. You must ensure that your Users comply with the terms of this agreement and all reasonable user terms made available on the Website.

1.4 If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify the Company immediately by emailing [email protected] If the Company reasonably believes that your ID is being used in any way which is not permitted by this agreement or the Members Agreement, the Company reserves the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issue has been resolved.

1.5 The Company is continually seeking to improve the Service. The Company reserves the right, at its discretion, to make changes to any part of the Service provided that it does not materially reduce their content or functionality.

 

2 Limited Rights to Use Content

 

2.1 All material displayed on the Service (“Content”) belongs to the Company or its licensors. Subject to clause 2.2, you/your Users may, and subject to the terms of the members agreement where you are a Member,:

2.1.1 complete the Content on a computer screen;

2.1.2 print individual pages on paper, but not store such pages in electronic form on disk or on your PC internal server or otherwise; and

2.2 Most of the Content in the Service is owned by the Company but certain content is used under licence from third parties (“Third Party Content”) and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions—the relevant copyright notice will make it clear where that is the case.

2.3 You may not (without contacting us to obtain prior written permission):

2.3.1 redistribute any of the Content (including by using it as part of any library, archive or similar service);

2.3.2 remove the copyright or trade mark notice from any copies of the Content made under this agreement;

2.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content or recreating any of the Content; or

2.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content (your use of a printed document once is not deemed to be commercial exploitation in breach of this clause).

2.4 Copyright in any document that is made available for download (if you are a Member) and/or printing for the participation in the Service (“Document”) belongs to the Company or its suppliers. Your use of the Document is governed by the terms of this agreement and/or members agreement.

2.5 You acknowledge that “[insert Company trade marks]” are trade marks and that you may not use them without written permission.

 

3 Fees

 

3.1 Fees for individual documents are payable [prior to your printing the same] unless otherwise stated in the members agreement.

 

4 Amendments

 

4.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the site and the Service. Any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the site. The changes will apply to the use of the site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the site. If you continue to use the site after the date on which the change comes into effect, your use of the site indicates your agreement to be bound by the new Terms and Conditions.

 

5 Warranties

 

5.1 The Company warrants that:

5.1.1 it will use all reasonable skill and care in making the Service available to you and in ensuring its availability during your Subscription;

5.1.2 it has the right to license the Content under this agreement; and

5.2 Because of the number of sources from which the Company obtains the Content and because of the nature of the Internet and archived information, errors and omissions do occur and the Company does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and the Company makes no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.

5.3 Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.

5.4 We make no promise that the Content are appropriate or available for use in locations outside [the United Kingdom], and accessing the site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside [the United Kingdom], you do so on your own initiative and are responsible for compliance with local laws.

 

6 Limitation of Liability

 

6.1 The Company will use its reasonable endeavours to remedy faults in the Service during the Subscription or your use of the Service as appropriate. If we are in breach of this agreement, you agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to an amount equivalent to the Subscription Fee paid to date in relation to your use for the relevant year of the Service or where you are a Licensee, your only remedy will be to terminate your use of the Service.

6.2 The Company will not be liable for any business losses such as lost data, lost profits or business interruption arising from your (or your Users’) use or inability to use the Service or from any action taken (or refrained from being taken) as a result of using the Service.

6.3 Notwithstanding the above provisions of this clause 6, the Company’s liability will not be limited in the case of fraud or for death or personal injury caused by the Company’s negligence.

 

7 Privacy Policy

 

7.1 The information that you provide about yourself to the Company will only be used by the Company in accordance with its privacy policy. Please read the Privacy policy carefully and if you have any questions please email: [email protected]

 

8 Notices

 

8.1 All notices shall be given to the Company via email at: [email protected] or by post at Unit 5 Ray Street Enterprise Centre, Ray Street, Huddersfield HD1 6BL; or to you at either the email or postal address you provide during any ordering process.

8.2 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

 

9 Links

 

9.1 The Service contains links to other web sites and resources, either directly or through frames and, where possible, the Company will make clear where such links are being made. Independent third parties provide these sites and the Company is not responsible and shall not be liable for the availability or content of these outside resources.

 

10 Termination

 

10.1 This agreement and your access to the Service may be terminated immediately if you are in breach of this agreement.

10.2 You may terminate this agreement and receive a pro-rata refund if the Service is discontinued or if we are in material breach of this agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to us.

 

11 General

 

11.1 We may transfer and/or assign our rights and/or our obligations under this agreement. This will not affect your rights under this agreement. You may not transfer any of your rights or obligations under this agreement.

11.2 Nothing in this agreement shall confer your rights on any other person.

11.3 If you breach this agreement and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach this agreement.

11.4 This agreement, together with the members agreement (if applicable), the privacy policy and any additional terms on the Service, represents the entire terms agreed between the parties in relation to its subject matter and may be amended only by our agreement in writing.

11.5 This agreement shall be governed by English law.

11.6 We will try to solve any disagreements quickly and efficiently. If you want to take court proceedings in relation to this agreement you must do so in England.

[FANTASY CHARGES]

4 St Andrews Place, Lancashire, BB1 8AL

4 St Andrews Place, BLACKBURN Lancashire, BB1 8AL

 

are they ashamed to miss out the name Blackburn ???

[tifo]

4 St Andrews Place, Lancashire, BB1 8AL

4 St Andrews Place, BLACKBURN Lancashire, BB1 8AL

 

are they ashamed to miss out the name Blackburn ???

 

It says BLACKBURN in the other site at Agreement Checker

 

My home town ....

 

FC, why have you posted their T's and C's.

[FANTASY CHARGES]

It says BLACKBURN in the other site at Agreement Checker

 

My home town ....

 

FC, why have you posted their T's and C's.

 

 

“Members” are those individuals or organisations who have entered into a separate members agreement with Financial Agreements Solutions Limited (“FAS”) and have been provided with a user name and password.

“Licensees” are all other those individuals or organisations who have not entered into a separate agreement with Financial Agreements Solutions Limited (“FAS”) and receive a user name as part of the registration process.

[star_scream]

sounds like they work from home. The address is residential

[m55dlc]

Hello

[paulwlton]

Hi Basil,

I take my hat off to you, if what you have achieved is correct.

 

I guess we'll have to wait for the judgment to be made public.

[ian1969uk]

Basil, hello, hope you are well today.

 

I can understand that you remain frustrated by people's negative comments but I am not sure the constant threats of legal action are helpful, or indeed constructive, to anyone.

 

If you did take someone to Court over these comments, wouldn't you then have to disclose everything to that party under the CPRs that backed up your claims that they were lying.

 

This would include details of the judgement, thereby bringing this far more into public view, something you obviously don't want.

 

Hi Basil, any comments on this?

 

Paul, the problem is that Basil is insisting that it won't ever be made public.

[noomill060]

Is the CoA obliged to comply with Freedom of Information requests?

[noomill060]

I phoned Basil's CAB branch today, but they only answer queries between 2 and 4pm. I'll try again tomorrow.

[ian1969uk]

That's the bit that bothers me about this, and I have said this to Basil in email away from the forum.

 

He was assisted by CAB, who are (at least in part) publicly funded. So public money was used to gain a judgement that has helped him enormously. That this is then not made available to the public who paid for the CAB in the first place is just, well, appalling.

[car2403]

At the end of the day, Basil can do what he wants - if people don't want to pay him, (or another) for his services, they always have alternatives like CAG to fall back on.

 

No offence to you Basil, but I won't be paying for something I can get for free, but then I'm up for standing up for my own rights and taking claims to Court myself - your service is complimentary to those looking for the same outcome, but without wanting the hassle of doing it themselves.

 

In fact, I wish I'd thought of it before you did! You never know, you might get some competition from CAG-ers along the way...

[macie]

A little clarification required.

 

I was under the impression you had to be so qualified to offer paid legal advice under the Solicitors Act 1974 and acting contrary to that act would be a criminal offence. Am I mistaken?

 

The following is extracted from the Solicitors Act 1974.

 

 

20.Unqualified person not to act as solicitor

(1) No unqualified person shall –

(a) act as a solicitor, or as such issue any writ or process, or commence, prosecute or defend any action, suit or other proceeding, in his own name or in the name of any other person, in any court of civil or criminal jurisdiction; or

(b) act as a solicitor in any cause or matter, civil or criminal, to be heard or determined before any justice or justices or any commissioners of Her Majesty’s revenue.

(2) Any person who contravenes the provisions of subsection (1) –

(a) shall be guilty of an offence and liable on conviction on indictment to imprisonment for not more than two years or to a fine or to both; and

(b) shall be guilty of contempt of the court in which the action, suit, cause, matter or proceeding in relation to which he so acts is brought or taken and may be punished accordingly;

© [repealed]

21. Unqualified person not to pretend to be a solicitor

Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.

22. Unqualified person not to prepare certain instruments

(1) Subject to subsections (2) and (2A), any unqualified person who directly or indirectly –

(a) draws or prepares any instrument of transfer or charge for the purposes of the Land Registration Act 1925, or makes any application or lodges any document for registration under that Act at the registry, or

(b) draws or prepares any other instrument relating to real or personal estate, or any legal proceeding,

shall, unless he proves that the act was not done for or in expectation of any fee, gain or reward, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Subsection (1) does not apply to –

(a) a barrister or duly certificated notary public;

(aa) a registered trade mark agent drawing or preparing any instrument relating to any design or trade mark;

(ab) a registered patent agent drawing or preparing any instrument relating to any invention, design, technical information or trade mark;

(ac) any accredited person drawing or preparing any instrument –

(i) which creates, or which he believes on reasonable grounds will create, a farm business tenancy (within the meaning of the Agricultural Tenancies Act 1995), or

(ii) which relates to an existing tenancy which is, or which he believes on reasonable grounds to be, such a tenancy;

(b) any public officer drawing or preparing instruments or applications in the course of his duty;

© any person employed merely to engross any instrument, application or proceeding;

and paragraph (b) of that subsection does not apply to a duly certificated solicitor in Scotland.

(2A) Subsection (1) also does not apply to any act done by a person at the direction and under the supervision of another person if –

(a) that other person was at the time his employer, a partner of his employer or a fellow employee; and

(b) the act could have been done by that other person for or in expectation of any fee, gain or reward without committing an offence under this section.

(3) For the purposes of subsection (1)(b), "instrument" includes a contract for the sale or other disposition of land (except a contract to grant such a lease as is referred to in section 54(2) of the Law of Property Act 1925 (short leases)), but does not include –

(a) a will or other testamentary instrument;

(b) an agreement not intended to be executed as a deed other than a contract that is included by virtue of the preceding provisions of this subsection;

© a letter or power of attorney; or

(d) a transfer of stock containing no trust or limitation thereof.

(3A) In subsection (2) –

"accredited person" means any person who is –

(a) a Full Member of the Central Association of Agricultural Valuers,

(b) an Associate or Fellow of the Incorporated Society of Valuers and Auctioneers, or

© an Associate or Fellow of the Royal Institution of Chartered Surveyors;

"registered trade mark agent" has the same meaning as in the Trade Marks Act 1994; and

"registered patent agent" has the same meaning as in section 275(1) of the Copyright, Designs and Patents Act 1988.

(4) A local weights and measures authority may institute proceedings for an offence under this section.

[macie]

Hi Creditcardkiller (Basil?),

 

On the creditcardkiller website it states

 

"Do not miss out on the Savings we are making for our Clients

If you are remortgaging or taking out a consolidation loan we can still negotiate you a balance write-off on your Credit Card when the loan or remortgage completes, do not let anyone tell you any different. Ask your broker to contact us to make the necessary arrangements. "

 

Why do you have to remortgage or take out a consolidation loan out AFTER completion, is it because the action does not leave you with a clean credit file?

 

The site also states

 

"Basil often asks people, do they ask their bank for proof that their money will be safe? Do they ask their local council for proof that they are not going to waste their council tax money before they pay? Do they ask the government for proof that their taxes are to be used effectively before they pay them? "

 

I wouldn't have used "council tax money" or "taxes" as examples of monies being put to prudent use, though I guess that's a matter of opinion.

[Perseus]

Macie - Unless you are acting as an intermediary/agent - referring the paying customer to qualified/certified legal advisors to proceed with their case?!?!?!

 

CCK/Basil

I find it astonishing that a case which has allegedly been 'won' at C.o.A. (intimating that the case in question failed at County Court, then the High Court, and was then given leave to appeal) has raised not 1 ounce of media coverage (nationally); apparently left no trace of case records on any UK law databases; is allegedly protected under some secrecy or gag order - now thats amazing ; has been apparently won by Litigants in Person - even more amazing at CoA ; and the holder of such a monumental victory threatens litigation against anyone whom dares to question the validity, evidence or case transcript info - all whilst apparently attempting to encourage potential claimants to use his/their service to follow his/their victorious path.

 

CCK/Basil - whilst I would assume you are no doubt a victorious claimant in some respects - as many of us here are - your demeanour and litigious stance is bemusing, and nothing short of incredulous - given the site in which you 'discuss' your case, and the company you keep whilst doing so!

 

I post this knowing there is nothing slanderous/libelous in its' content, and with the intention of underlining the basic desire for many members to clarify information / service credentials before even considering using that type of business.

Your claim to have 'the only CoA judgement in this regard' whilst interesting, may not be considered plausable, unless (as with many case law / precedents) researchable, verifiable and authentic information (which is almost always publicly available) can be found, examined and applied to members own cases.

 

Maybe now you can understand the caution and scepticism rightly perceived in these posts.

 

Regards

Perseus

[macie]

ian1969uk

 

 

1. CCK. Does this mean you wouldn't include mention of the CofA precedent in the pretrial bundle?

 

Would this be acceptable to the court and the opponent?

 

I am sure the other side would have something to say about it as you would not be giving them a chance to question or argue the applicability of the precedent.

 

2. CCK. In your post I think you are saying that if the judge wouldn't agree to keep the CofA precedent private then you would not use the precedent a trial and withdraw it. Can you clarify if this is what you mean.

 

If you really are saying this, wouldn't this action risk seriously undermine your paying clients case in court.

 

I don't much like the sound of that.

 

3. CCK. Do you write letters to the opponents or prepare legal documentation?

 

I can't speak for anyone else but I struggle to understand your posts or your website.

 

4. I am sorry but it doesn't stack up in my opinion.

[macie]

I think CCK must have changed their mind from what they wrote on their website

which states (EDIT)

[maybelline]

(a) draws or prepares any instrument of transfer or charge for the purposes of the Land Registration Act 1925, or makes any application or lodges any document for registration under that Act at the registry, or

(b) draws or prepares any other instrument relating to real or personal estate, or any legal proceeding,

 

this is interesting macie, I asked about this elsewhere re a charge placed on my deed (not the Court type of one) re a secured loan??

[Mister Twister]

CCK/Basil

 

I have checked with the Ministry of Justice and they say that any company that manages a claim for compensation is required to be regulated under The Compensation Act 2006 (Claims Management Regulations). I could not find you on their database so passed on your details.

 

If anyone wants to read CCK/Basils comments that have been removed from this thread it may be possible using Google to view cached pages from this thread.

[FANTASY CHARGES]

"What effect does using Credit Card Killer have on my credit rating?"

EDIT

."

 

anybody heard of "notice of correction"( which is the technical phrase ) not that it does a lot of good.....

 

may it be suggested that the useage of the words underlined "leave a lot to be desired"

[tifo]

If anyone wants to read CCK/Basils comments that have been removed from this thread it may be possible using Google to view cached pages from this thread.

 

Why were they removed as they formed a good discussion part of this thread?

[Mister Twister]

I think he requested them to be removed.