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Cap1 & CCA return


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Hi,

 

no Defence was filed for this claim, so I went for JBD but made the court aware via letter that the claim was for much more than cash (removal of data, damages at the courts discretion, etc)

 

Heres the order:

 

(I find the "Judgement for the claimant for an amount with costs, to be decided by the court" VERY interesting!)

 

CourtOrderReCCCAcaseEdit.jpg

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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At Loan Suggest The Act also requires that all traders who make regulated agreements obtain licences from the Office of Fair Trading. Credit brokers, debt advisors and others, may also require licences.Appeals can be made against decisions of the Office of Fair Trading (OFT) that a person is not fit to hold a consumer credit licence. Appeals under the Consumer Credit Act.

Local trading standards departments and the Office of Fair Trading enforce the Act. The Office of Fair Trading also produces a series of booklets about the Act and its regulations. For further information contact local trading standards departments or the Office of Fair Trading.

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Roselee, I would suggest that you remove the link as it points to a commercial site filled with pop-ups. Most people on this forum would know how to get this sort of info anyway.

 

not being nasty.....just friendly advice before the CAGBOT gets you

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi,

 

could somebody give an opinion on the order displayed above (#7831) please?

 

As stated previously, main concern is the definition of "Standard disclosure by list" what exactly am I required to supply to the court and Defendant - just a list or a list plus all the documentation I intend to rely on at court?

 

Thanks folks

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Can nybody help with threads 7825 & 7830. No responses from SAR and CCA. I only CCA'd to make sure no ppi was added,but I don't know what to do next. I dont want to wriggle out of paying my debts, its just I have started a new job and thought i could reduce the debts with reclaiming charges and arrange with CCCS to increase my monthly payments or offer full & final offers,but with no replies to any letters sent I am now stuck.

Any help appreciated.

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Hi I'm sorry to intrude but can somebody help me. I've started a thread in Royal Bank of Scotland but Have had no response, MTB V Direct Line Mastercard.

S.A.R - (Subject Access Request) sent - cheque cashed - way over time limit

CCA sent - cheque cashed - way over time limit

Another letter sent telling them they have committed a criminal offence and payments will stop but 14 days later still no response. The same applies to Halifax CC and Barclaycard CC.

I just dont know what to do know.

Can any body please help.

 

 

Stop payments. They are not allowed to impose interest while account is in default or process information to the CRA's . In effect the account is suspended at the date they went into default after 12 working days.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Stop payments. They are not allowed to impose interest while account is in default or process information to the CRA's . In effect the account is suspended at the date they went into default after 12 working days.

 

 

Its not a question of wriggling out of paying if they can't produce the CCA then they lose the rights to the money under the House of Lords ruling in Wilson & Others v Minister of state for trade and Industry. The same case also said that they can't obtain the money via ordinary contract law either - thats their punishement for breaching the CCA .

 

So No CCA = NO MONEY

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Hi alamand

 

I have been in a very similar situation to you with many of my creditors. I was paying them all £1 a month by way of a token amount - there were 11 of them altogether. When I found this site and the great advice I decided to CCA them all. I was shocked to find only ONE out of the 11 responded to me with the CCA agreement and S.A.R. ( have now negotiated increased repayments with them) so only that one was entitled to have me make repayments to them - the rest have either defaulted on the CCA, the S.A.R., or completely ignored my requests altogether. I'm not involved with the CCCS so can't comment on this part, but for my own part I have taken the decision not to send even the token £1 to all those who have defaulted/ignored me.

 

I know how you feel, I don't want to not pay my genuine debts either, and would be quite happy to offer repayments to them if they acted lawfully and responded to my requests, but if they take the decision to ignore me or default then in my opinion the ball is very firmly in their court.

 

Next week I will be in a position to begin proceedings against one DCA as they have defaulted on my S.A.R. If you have a look on my thread (Spiritgirl -v- Various DCAs) you can see the advice I've been given by the helpful members on here about what to do in case of defaults.

 

Please know I am not legally qualified, I am only advising you what I have done personally. You may want to take further advice or even speak to the CCCS - but if I were you I wouldn't worry too much as you have done exactly what you are lawfully entitled to do, and the fault lies with your Creditors/DCAs now.

 

Hope this helps a little.

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Thanks Spiritgirl.

So i'll just wait while they get in touch and take it from there. I'm informing CCCS tomorrow to stop payments to them and informing them of what we are doing. I will look at your threads and if I get stuck I will shout for help if thats OK with you. I cannot believe that they have not responded to my requests and not even sent a letter saying they are looking into the matter. Last year my sister in-law offered to loan me some money to offer full & final settlements and they even ignored that request.

Once again thanks for your reply, I will now read your threads.

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You are welcome alamand.

 

I have just been trying to teach myself how to do a link - so I hope this works :rolleyes:

 

This should be a link to my thread :-

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81224-spiritgirl-various-dcas.html

 

LOL am okay at typing but anything technical hurts my brain :p

 

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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Thanks Dave

 

sorted!

 

 

Did think all this was an odd response to a request for Judgment by default though (no Defence filed)

 

??!!

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Bit of an update regarding 1st Credit / MBNA.

 

All my correspondence from 1st Credit has stated they are acting for their client MBNA.

 

I have checked my Experian file and it is not MBNA listed as the creditor but 1st Credit.

 

Does this mean they purchased the debt?

 

If so I received no Deed of Assignment and they have lied by saying they are acting for their client MBNA.

 

They provided a totally illegible application form in response to my CCA request which I have posted before.

 

The link for the previous posts are:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-918751.html

 

Would like your comments on this.

 

Thanks

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Guys, can I have your comments on the POCs I am going to use for my N1?

 

http://www.consumeractiongroup.co.uk/forum/legalities/102075-please-check-pocs-breach.html#post967112

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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I have a thread running in the Debt Section, however was suggested I post in here for advice too.

 

Does this form comply with a CCA request ? It seems to be both Application and Agreement ?

 

Also, note the unticked boxes re PPI .... has been charged relentlessly for years !!

 

http://i72.photobucket.com/albums/i1...erted_app1.jpg

 

http://i72.photobucket.com/albums/i1...erted_app2.jpg

 

http://i72.photobucket.com/albums/i1...erted_app3.jpg

 

http://i72.photobucket.com/albums/i1...erted_app4.jpg

 

Comments & advice please

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Its a bit unclear but I would say that it is an application form. The prescribed terms appear to be missing too on the signature page there also doesn't appear to be a linkage between pages i.e page 1of 4, page 2of 4 etc.

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Harry,

I don't know about anything else, but you have a case for reclaiming the PPI, plus interest charged on it - they just gave you all the evidence you need!

 

Loz

I hate Alliance + Leicester

BT: No longer a customer :)

HSBC: £1222 refunded 28/5/06; Second claim of £737-24 refunded 9/11/06; PPI + interest on personal loan refunded 27/7/08

MBNA: £100 refunded on first claim of £112; £208 refunded on second claim for £108 24/9/07; PPI £256-28 refunded 8/4/08

NatWest: £1581-71 refunded 16/12/06; personal loan CCA agreement not provided

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Thanks guys, I should probably also mention the covering letter referred to it as the application form ..... I guess that is what it is then !! Yay !!

 

 

I think that shows they dont have the foggiest idea of what they are actually sending!

 

All of the unenforcable agreements i have had back are all refered to as 'applications' in the covering letters.

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