Cap1 & CCA return

[the main man]

We will probably never find out as he is no longer going to post, are you CCK?

[car2403]

That would be a shame, IMHO, if it's true.

[Juslookin]

My posts were removed as well

 

BTW is there anything here we could use against the banks?

 

The Principles Of European Contract Law 1998, Parts I and II(Parts I and II completed and revised)

[dave]

I think he requested them to be removed.

 

Indeed that is the case.

 

Some of his posts also broke the forum rules, in regards to trying to get people to sign up to his services.

[tifo]

Indeed that is the case.

 

Some of his posts also broke the forum rules, in regards to trying to get people to sign up to his services.

 

No probs then.

[ncf355]

IMHO the service on offer is way below the results I have personally achieved via advice from this site and my own research

 

The part about not guaranteeing credit file clean up is particularly hard to take, this would be something I would insist on in any case I took to the lender

[the main man]

If he couldn't guarantee credit file clean up wouldn't it be just as cheap to get a short settlement?

[noomill060]

Havent heard from peterbard lately, hope hes alright.

[FANTASY CHARGES]

well here are a few secrets

 

http://www.consumeractiongroup.co.uk/forum/mbna/61752-old-mbna-application-form.html#post1341000

 

note for those that read "on the surface" this thread starts in 2007 not 2008

 

 

SADLY the person(s) who posted under the name CREDITCARDKILLER ( commencing in January 2007 & ending in Jan 2007 until the recent revival-- three original posts? ) have decided to have all the posts he/she/they have posted under that individual "nom de plume" deleted from this forum.

 

so the link above to when they asked for copies of old MBNA application forms (was it pre 99 or pre 2003) and referred to direct marketing of these application forms is no longer there

 

remember MBNA took over THE SERVICING OF abbey halifax alliance & leicester (any more) around 2003 ?

[BigBadCAGBagger]

CreditCardKiller is still watching this thread though.

 

Maybe we should all take the fact that threats of litigation get people nowhere, especially as after a little bit of delving most 'services' such as this may not have the legal footing (i.e. regulatory clearance) they may well require.

 

The fact still remains that the registration of the CCK trademark predates all posts on this site by nearly 3 years and that litigation hadn't concluded until this year. Things like that do lead me to believe that the business plan was present long before any legal ruling and that the 'holy grail' of court rulings came by way of an accident. I can't remember how many charging orders it was, was it 2 or 3? We're there other DCA's involved?

 

At the end of the day, if you come out of hiding (and with the help of information gleaned from this and other sites) stating you have found the elixir of life and that you are intending to charge for this, is anyone surprised at the response you get? I wouldn't be.

 

I thought you couldn't be an IFA if you had a CCJ?

[Juslookin]

I see my post containing threads to all this capital letters and strawman account have been removed.

 

Should anyone require the links. please PM me .

Not sure why they were taken down, they were only informative links explaining the difference between the strawman account ( in Caps) and the human being account ( in lower case)

[BigBadCAGBagger]

We're they being construed as being advertising for the entrepreneurs club?

[FANTASY CHARGES]

he's just cagbotted one of my posts today on this thread i'd been such a good girl as well!!

[dave]

I see my post containing threads to all this capital letters and strawman account have been removed.

 

Should anyone require the links. please PM me .

Not sure why they were taken down, they were only informative links explaining the difference between the strawman account ( in Caps) and the human being account ( in lower case)

 

I'll find out why.

[yaffsimone1]

I'll find out why.

 

Sorry Juslookin to be the partpooper here but having just looked at the links...that about the capital letters and strawman account are only applicable to US law not UK.

 

Reference: Somewhere else [accessed 23/1/08, author m55dlc]

[Having_A_Knightmare]

I thought I would post my reply from OFT regarding a complaint I made about some advise a member of staff made.

 

I am going to reply to OFT as I am not happy with the responce but one thing has intrested me on page 2.

 

It says " This prevents enforcement with or without a court order".

 

Does this mean a creditor has a CCJ on you and they have no agreement can they still enforce it??

 

Also any views on the comments regarding the copy docs 1983

 

 

[tifo]

First they say it needs to be a 'true copy' then they say it can be a 'generic' copy. So if the creditor doesn't have a true copy how does he know what was really on it?

 

Secondly, they say the debt cannot be enforced 'with or without a court order' then they say it's up to the court to decide.

 

Why don't they make their minds up ...

 

As for enforcement after a CCJ, i've always been told on here that it has already been enforced and the time for a CCA etc. was at the defence stage. Someone may correct me on this as in many cases new info comes to light later which affects a claim.

[Goldlady]

My understanding of what they have said is that to comply with your CCA request they can send you what is described, however on page two it clearly states that they must have a signed copy to show the court. Which backs up what we are all thinking.

 

However, I also understand that they cannot suddenly produce the signed document in court if they have not already supplied you with a copy - as what they send in response to your request should be that copy. Or is that only if you ask for information under the CPR?

 

If I am not making any sense please ignore me - it has been a long week;)

[Having_A_Knightmare]

Going back to Tifo comment.

 

I always though if you had a CCJ there was nothing you can do.

OFT comments on page 2 say with or without a court order so whats going on!!!

[paulwlton]

Going back to Tifo comment.

 

I always though if you had a CCJ there was nothing you can do.

OFT comments on page 2 say with or without a court order so whats going on!!!

 

The agreement remains ancillary to the CCJ. However, if there's contractual entitlement to claim further interest after judgment, then this cannot be enforced if the CCA request remains in default. Imo.

 

This is why a CCA request should be made after Judgment. There will be many people who have interesting accruing after judgment but don't know.

[BigBadCAGBagger]

It is pretty simple really, they mean that if you had requested a copy of the agreement under sections 77-79 and they hadn't complied, the courts would not be able to enforce the agreement. However, in issuing a CCJ the agreement is therefore enforced and as such the agreement is irrelevant as the CCJ is the overriding document.

 

Getting a CCJ overturned because you didn't ask for a copy of the agreement, or query it, is perversed. You'll have to ask for a copy, see if it is enforceable and then maybe, with a fair wind behind you and a helpful judge, they won't throw it out immediately and you may be able to get the courts to look at it.

 

Be aware that a CCJ kind of makes all of the smoke signals and mirrors available within the CCA fairly redundant.

[BigBadCAGBagger]

The agreement remains ancillary to the CCJ. However, if there's contractual entitlement to claim further interest after judgment, then this cannot be enforced if the CCA request remains in default. Imo.

 

Interesting point, but if the court takes the view that in issuing a CCJ that takes the post judgement interest entitlement within the ruling, do you think that would be stopped to?

[paulwlton]

Interesting point, but if the court takes the view that in issuing a CCJ that takes the post judgement interest entitlement within the ruling, do you think that would be stopped to?

 

The court has no power to award interest post judgment on a regulated agreement. the interest is contractual and remains so, it is completely separate from the judgment. This would mean a CCA request is valid under the contract.

[car2403]

Interesting point, but if the court takes the view that in issuing a CCJ that takes the post judgement interest entitlement within the ruling, do you think that would be stopped to?

 

They can only apply post Judgment interest where there's a term in the (non-existant!) agreement allowing them to do so.

[car2403]

The court has no power to award interest post judgment on a regulated agreement. the interest is contractual and remains so, it is completely separate from the judgment. This would mean a CCA request is valid under the contract.

 

Yeah - that's what I said, but you beat me to it.