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Cap1 & CCA return


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thanks for that Joneshousehold - thats an interesting link, oh, and when came home from work today, had an email from information commissioners office with the case number! ha!:)

 

does anyone know - if a secured agreement is unenforceable, how does this affect or prevent remortgaging.:(

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi sorry i took so long to get back to you

Yes these arn't even worth the paper they are printed on can't even get the time allowed before further action right it's been 14 days since October 2006 and their are even more ammendments and information that it shjould contain on the 2006 cca.

Actually a very interesting point though lack of a default notice can be used to set a jugement asside can a incorrectly formated one.

 

Most of these threatening letters have no intention at all of taking you to court they are just designed by some art student who thinks a big red letter might be scary

 

Regards

Peter

  • Haha 1

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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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.

Sar 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.

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Hi all,

 

advice needed!

 

I have a CCA case up and running that has been allocated to the Fast Track

 

Judge has sent out a pre trial checklist and has ordered "Standard disclosure by list"

 

How do I go about this?

 

Is this juyst a matter of sending a list of documents I intend to rely on?

 

The above being the case, rather than re sending documents that I lready sent with the original claim, can I just refer to these (such as "1) defendants response to Section 78 request as contained in original claim issued by Claimant")

 

?

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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Hi. I think i owe more to them.

I've been with CCCS since 2003 and been paying a small amount each month and Halifax and Barclaycard froze interest but i have had no communications with Direct Line since 03 not even a statement,so Im not sure of balance with them. I owe approx £5800 to Halifax, £1000 to Barclaycard and £4000 to Direct Line.

I know I have some charges but I don't they amount to much as I did try to make the minimum payment until it all got too much and we went with CCCS.

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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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