Debt Help Required Please - Scotland

[fletch70]

5 minutes ago, dx100uk said:

The cca changes are not retrospective if the agreement was prior to them.

Did I say anything differently?

5 minutes ago, dx100uk said:

so be careful about making sweeping statements that are not necessarily true for every situ regarding recons.

Again, did I make sweeping statements (apart from it helps if the agreement has been assigned, which it does

5 minutes ago, dx100uk said:

 

If someone knows they signed an agreement. Then it needs to be produced regardless of agreement age to be enforceable 

This gets technical so you might not understand. If the agreement was pre Apr 2007 you would expect the lack of a signed agreement to be fatal to a claim BUT it relies on the individual stating they did not sign any agreement AND the Judge believing them - See Arrow Global V Frost - they lost when no agreement was produced. 

 

Post 2007 the law is much fuzzier and the courts can enforce even with no signed agreement if they can demonstrate the money was advanced . It maybe that the Judge places some sanction such as a reduced amount but it is up to the judge. An example given is the Iron Mountain Fire. If a bank sends all its documents off to be stored - should they automatically be disadvantaged if these documents are lost due to fire , flood or natural disaster.

 

http://www.legislation.gov.uk/ukpga/1974/39/section/127

5 minutes ago, dx100uk said:

 

Court and being enforceable under the cca are 2 very sep issues. But neither can protect against judge lottery........

 I said that very thing, a CCA Request is for information purposes only . Enforceability is a lot more complex than just a CCA Request and you are right- the wrong judge on the wrong day and you would lose. That is what I said in post 26

 

We are both on the same side - we want to fight for consumer rights so there is no need to try and get the last word in or prove me wrong. 

Arrow_Global_v_Frost.pdf

[dellnasnoods]

I sent the CCA requests on 25th October and still not received anything back apart from confirmation receipts from the DCA's.

 

I thought they only had 12 +2 days to comply from receipt of my requests.

 

What happens?

 

Thanks

[fletch70]

Yes technically they have the 12+2 working days to comply. After that time the debts become unenforceable but only until the do fully comply. Depending upon the type of debts you now need to make a decision; do you stop paying or carry on for another month for so and see what transpires. Only you can make that decision 

[dellnasnoods]

The accounts are suspended now they said and they also said while this is happening no payments would be taken or to be paid.

 

Thanks

[dx100uk]

Good well cancel the dd or the cpa they were using too!!

[dellnasnoods]

35 minutes ago, fletch70 said:

RBS are usually slow at selling debts on but hang in there- they did eventually sell mine on and cabot couldn't produce the goods

 

As for CCA requests and O/Ds there was an appeal case where it was accepted a S78 request was needed for OD. It was MFS Portfolio v Phelan & West

 

Is the Amex a nectar card? I had one from way back when and in response to a CCA Request they produced some data with AMEX Canada Intranet at the bottom of the page- it certainly wan't compliant, another £3.5 K gone Statute barred

Amex I got from American Express fletch70

[fletch70]

Amex didn’t sell my debt on even though I wasn’t paying. RBS sold both my Mint and NatWest  cards on after not paying for 5 years. 
 

Both had good S78 requests but dodgy default notices.

 

I had not assets or mortgage - well not by the time they sold it 
 

 

[dx100uk]

1 hour ago, dellnasnoods said:

Does this apply in Scotland too?

 

Thanks

now he tells us....

 

it makes a very big diff with regard to statute barring.

once you've not paid for 5yrs the debt is extinguished. dead parrot gone

unlike in E&W whereby it simply removes enforcement of any court judgement so fleecers don't bother to litigate.

 

can we just clarify...

you were resident in Scotland when you took all these credit accounts out? 

[dellnasnoods]

Yes I was resident in Scotland when I took all these credit accounts out.

[dx100uk]