Diskmandave -v- Robinson, Way & Co - The Never Ending Story

[kennyparkroad]

start your own thread, come back and edit your above message with the link

 

that woul dmake the best sense

 

thanks - ps pm me the link and ill help as much as i can

[rory32]

1.

Now as they havent got the agreement it shouldnt come too light at a later date therefore am i correct nil balance?

 

No the debt still exists, it is however unenforceable

 

Can I claim back any payments that have been made because they had no legal right to collect monies because they were not acting within CCA?

 

That would probably considered as unjust enrichment, also the payments were made voluntarily - so no.

 

[hsbcfiddled]

Payments only made under threat of court action.

[Josie8]

Payments only made under threat of court action.

 

 

As Rory says it would depend on whether the court took the view that you had only paid under duress. If however you have paid in excess of the original money loaned via interest charges then there is probably a case for reclaiming those - but its all new case law

[ODC]

The poster has started his/her own thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/104730-hsbcfiddled-roflmbo-aktiv-krapital.html#post997071

[diskmandave]

Another update! Called today while I was out and then again on my mobile no#

 

Nice & short & sweet, asked for security, told him not prepared to co-operate, okay goodbye then.

 

They've just called on the house 'phone and then my mobile no# whilst writing this, repeat scenario, goodbye then..

 

Now enter Mother into the scenario.... "Please write to them and order them to stop calling my house 'phone"........... Letter writing time then!

 

Also CCA request now sent to HFC Bank seeing as RW&C say they still have a duty as the creditor, can't wait for the reply to that!!

[ODC]

Oh DMD Im sure you can draft a lovely little letter for your mother. Maybe she should contact Age Concern, her MP and a few other publicity minded individuals.

 

What a wunch of bankers

[diskmandave]

Letter from Mother (and 1 from me) on scanner as we speak.........!

 

Also forgot, ta for the mod's on HFC letter tt8 which has been sent today..

[diskmandave]

3 letters to update with then!

 

1) CCA to HFC Bank Ltd....

 

2) Harassment Warning from me....

 

3) Harassment Warning from Mother....!

 

Light the blue touch paper and sit back then??!

[tomterm8]

Um, your mothers letter has a few little details missing, such as:

 

" This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls. I have not authorised any other member of my family to recieve calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to my son without my permission, you are interfering with my contractual right to recieve and make personal calls on my private telephone line.

 

Continued interference with my contractual rights may result in legal action.

[tomterm8]

p.s. I'd take the telephone numbers off the letter:)

[ODC]

Um, your mothers letter has a few little details missing, such as:

 

" This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls. I have not authorised any other member of my family to recieve calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to my son without my permission, you are interfering with my contractual right to recieve and make personal calls on my private telephone line.

 

Continued interference with my contractual rights may result in legal action.

Too many big words for the monkeys at Robberscum Way:D

[diskmandave]

p.s. I'd take the telephone numbers off the letter:)

 

Already done! Thx for the PM!!

[Curlyben]

And don't forget the sticker tooo

A nice LBA one should be good.

[diskmandave]

Um, your mothers letter has a few little details missing, such as:

 

" This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls. I have not authorised any other member of my family to recieve calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to my son without my permission, you are interfering with my contractual right to recieve and make personal calls on my private telephone line.

 

Continued interference with my contractual rights may result in legal action.

 

Letter de-enveloped and updated! Brilliant as usual tt8!

 

Just sorry I can't give U any more Rep's atm...!

 

 

Got my Cheeky Vimto head on now!

 

 

Who's next on my list then.....??! AHHH RBoS it is then!!!

[diskmandave]

And don't forget the sticker tooo

A nice LBA one should be good.

 

NoOOooOOOOooooo! Going to start slowly intergrating my new e-mail address into my letters!

 

[email protected]

Much better ooohhh factor than a sticker!

[Curlyben]

Are you sure you want to tip your hand that much ??

Very definatly idents you and your threads.

[diskmandave]

Are you sure you want to tip your hand that much ??

Very definatly idents you and your threads.

 

Sticker does the same IMHO...?! Hmmm... Will be mindful, Thx CB!

[Curlyben]

Sticker just says you are a member, but your CAG email tells them so much more.

After all they can then link you posts here directly to your letters, rahther than guessing.

Wouldn't look good in a libal case.

Libal as you know is a serious mine field.

I am currently involved in an american law suit that has been brought against the members of the site I admin.

I know that they can't touch me and that my comments are bullet proof, but that doesn't stop them trying.

[diskmandave]

CB, PM me your site! I'ld be happy to back you up!

 

Regards, Dave..

[Curlyben]

It's out of my hands now Dave, but thanks for the support.

 

Ps there's a link in my profile

It uses the same forum software as CAG as well.

[IIIUMINATI]

I Understand That In The Us You As An Individual Can Sue A Provider Of Credit As A Recless Lender If Your Request For A Loan Is Not Properley Investigated Ie: Can You Afford The Advance ?

If In The Uk U Approach A Financial Advisor And They Do Not Not Complete A Full Finanincial Appreciation Of You Current

Financial Status Then They Can Be Liabale For Selling Or Advising The Sale Of A Product Or An Advancement Which Is Unsuitable For Your Application Due To Your Current Circumstances And Action Can Be Taken

If You Complete A Request For A Loan As I Understand It The Information You Supply Determines The Result Of Your Application .

The Question I Ask Has The Application Been Assed By A Licenced Financial Advisor As To Your Accepability Or Simply

Assesed By The Lending Company By Using A Reference Agency.

If

[Monty2007]

I will have a pint of whatever you are on mate?!

[fbnts]

Just subscribing as I am having trouble with RWC but unfortunately they have managed to produce the Halifax CCA, all be it 6 months & 2 weeks too late!

 

My penalty charges outweighs it so im not bothered either way!

 

Tom

[IIIUMINATI]

Sorry Pressed The Wrong Button

 

If That Is The Case Then Many Of Us Have Been The Victim Of Reckless Lending And Completed Applications For Credit With Out

The Fsa Help Or Advice Regarding This Matter .

My Wife Has Been Given Over £5000 Worth Of Credit Card Credit

In The Past 7 Months. She Has Not Applied But Has Been Tete-canvased .

My Wife Receives Income Support £178 Per Week

If We Were To Go Mad What Happens Next ????