Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

[JonCris]

Clearly they want to benefit financially from their success & that would be OK by me if it helps frustrate the money lenders but having visited their site they do seem to be charging a lot of money for their service - They are, unless I'm mistaken, asking for 20% of the debt up front - I find this a little difficult to understand as those who would use such a service are usually desperately short of money & need to get the Credit Card Companies or their DCA's of their backs & even if they win there are no incoming funds to pay their fee merely the cancellation of outstanding ones - Am I mistaken?

[hsbcfiddled]

I agree Jonchris it is expensive if you feel comfortable enough to take these people on yourself.

However some people arent as confident as you or I.

The important point is that this judgement will eventual come out and it will be of benefit to us all once it gets on here.

The Credit Companies must be frantic..Shame:D

[Goldlady]

I have contemplated trying to make a living out of helping people with debt problems but the one big question is 'how do you get paid?'. Some of the friends I have helped have suggested I should - but I could not take money from someone who is already up the creek!! I know there is Legal Aid available but it is an extremely low rate, in comparison to criminal and even family matters, and would probably not even cover the cost of an initial interview.

 

I also suspect that if someone can afford 20% to get their debts written off then they are not suffering from genuine hardship and suspect that most of their clients will be people who can easily afford to pay their debts but choose not to.

[Honey1932]

It would be OK by me too if it cuts the chase and resolves things quickly and cleanly but would we still have to put up with the harrassmant from the cc and dca's.

 

We could pay with a card that has some credit left on it, then get that one written off last lol.

 

The 20% fee is unfair and out of reach for most, some would pay only £200 where I would have to pay £2000 for the same service.

 

Honey

[JonCris]

I agree Jonchris it is expensive if you feel comfortable enough to take these people on yourself.

However some people arent as confident as you or I.

The important point is that this judgement will eventual come out and it will be of benefit to us all once it gets on here.

The Credit Companies must be frantic..Shame:D

 

I agree but I feel your missing the point & that is I'm not against people making profits especially for a good service - I just find it difficult to understand how they think those desperately fighting the money lenders will have any money to pay their advance fees either at the outset or the end - particularly when there is no payoff other than the cancellation of outstanding debt

 

Of course it may be that they hope to appeal to those who are not in financial difficulties but who only want to have their debts written off - in which case the best of luck to them - my only concern is that such behaviour from debtors who are NOT in trouble as a result of the credit cards companies conduct may cause the debtors who ARE fighting a just cause to lose what public sympathy there is - We could have an appalling scenario where the Credit Card Companies are seen as the victims - Now that would be terrible would it not

 

Finally I think would should remember that if they hadn't received pro bono (free) assistance via CAB it's doubtful they would have been able to take their fight to appeal

[hsbcfiddled]

We could have an appalling scenario where the Credit Card Companies are seen as the victims - Now that would be terrible would it not.

 

Yes and No

People rarely feel sorry for SHARKS!.........LOL

hsbcfiddled

[Goldlady]

I agree entirely Joncris - but then you have one rule for the rich and one for the poor!!! Having said that I would never have gone down the CCA route had I been in a position to pay my debts - I paid them all dutifully for many years until the you know what hit the fan.

[JonCris]

We could have an appalling scenario where the Credit Card Companies are seen as the victims - Now that would be terrible would it not.

 

Yes and No

 

People rarely feel sorry for SHARKS!.........LOL

 

hsbcfiddled

 

No so - If they go to this government bleating that the consumers are ripping THEM off this government will, as has already been demonstrated by their removal of section 127 of the CCA as a direct result of Wilson, be only to ready to change the legislation again to suit the money lenders.

 

The removal of 127 was/is the greatest betrayal of the consumer ever perpetrated by a government.

 

Aklso don't forget their squalid bill allowing debt collectors to enter peoples homes by force & assualt them

[Edz11]

While agreeing to some extent about the removal of S127 (3) the government's hands were tied as a result of a court decision. That section of the CCA was ruled incompatible with the Human Rights Act so the Govt had to remove it. But, if you read the European Consumer Credit directive it says that agreements have to be in writing and the prescribed term is the APR. So scope for a little more conflict yet!

[car2403]

I have contemplated trying to make a living out of helping people with debt problems but the one big question is 'how do you get paid?'. Some of the friends I have helped have suggested I should - but I could not take money from someone who is already up the creek!! I know there is Legal Aid available but it is an extremely low rate, in comparison to criminal and even family matters, and would probably not even cover the cost of an initial interview.

 

I also suspect that if someone can afford 20% to get their debts written off then they are not suffering from genuine hardship and suspect that most of their clients will be people who can easily afford to pay their debts but choose not to.

 

Er, wouldn't you be "paid" by including your costs in the claim amount?

 

I can just see it now - "No win, no fee", "you keep 100% of your compensation" and all that!

[Goldlady]

You would if it was for example reclaiming PPI and other unlawful charges, however if you succeeded in getting someone's cards written off it is unlikely you could claim costs, and also presumably if you helped someone fill in a bankruptcy petition you could not ask the OR for costs:p. As someone said above you are reducing the amount the client has to pay out each month but they are not actually gaining anything if they couldn't afford it in the first place.

 

I will be interested to see how our new friends get on!

[RubyRose]

Hard to believe that a judgement such as the one that credit card killers talk about would be kept a secret.It doesn't sound healthy - there is something not right - to put it mildly 'I smell a rat' Something of such major proportions is definitely going to come to the fore and it is just a matter of time before we find out and yes it is going to have the same momentum as bank charges and this company just want to cash in on other people's misery. The fees are 20% at 0% interest which they say are just similar to making one's minimum payment on their credit cards - Yeah right mate those who are struggling are going to find this payment on the nearest tree. Well I am sorry but they are definitely not going to be able to profit from our misery.

 

After joining here and being constantly encouraged by RobCAG and GoldLady, Honey and everybody else i wouldn't go down that route. I want to learn through all of you and together we should be able to forge a better deal for ourselves.

 

I just feel good today and thanks to all of you for being there and just being who you are. No nonsense fair play at all times.

 

Ruby

[car2403]

Hard to believe that a judgement such as the one that credit card killers talk about would be kept a secret.It doesn't sound healthy - there is something not right - to put it mildly 'I smell a rat' Something of such major proportions is definitely going to come to the fore and it is just a matter of time before we find out and yes it is going to have the same momentum as bank charges and this company just want to cash in on other people's misery. The fees are 20% at 0% interest which they say are just similar to making one's minimum payment on their credit cards - Yeah right mate those who are struggling are going to find this payment on the nearest tree. Well I am sorry but they are definitely not going to be able to profit from our misery.

 

After joining here and being constantly encouraged by RobCAG and GoldLady, Honey and everybody else i wouldn't go down that route. I want to learn through all of you and together we should be able to forge a better deal for ourselves.

 

I just feel good today and thanks to all of you for being there and just being who you are. No nonsense fair play at all times.

 

Ruby

 

Just because Judgment was entered doesn't mean that the Court decided the issues though, does it? It's entirely possible that both parties "agreed" through the Court (by Consent/Tomlin Order, for example) to settle part/all of the case through the formal process of having a Judge seal an order, such order containing a confidentiality clause?

 

I can't see how, otherwise, such Judgment can be entered that isn't publicly recorded, as Court Judgments are a matter of public record once entered.

 

I could be wrong and I'm sure someone can correct me if I am...

[Edz11]

Well I've had a rummage and the Rankine's are known for their "originality" if nothing else...

 

Pay per view...

PAY PER PEW | Sunday Mirror | Find Articles at BNET.com

 

The Rankine's position as "Independent Financial Advisors"

Time To End Unfair Bank Charges

 

And there is a case that went to court in 2005 that isn't listed and I'm waiting for a response from that one.

[JonCris]

While agreeing to some extent about the removal of S127 (3) the government's hands were tied as a result of a court decision. That section of the CCA was ruled incompatible with the Human Rights Act so the Govt had to remove it. But, if you read the European Consumer Credit directive it says that agreements have to be in writing and the prescribed term is the APR. So scope for a little more conflict yet!

 

I strongly disagree as do many lawyers who act on behalf of consumers

[ian1969uk]

Those parts of S127 should never have been removed.

 

There's an easy way for the finance companies to prevent agreements becoming unenforceable, and that's to get off their lazy arses and do things properly.

[stapeley]

hello, I,ve not recieved anything from my request to a DCA for the CCA It has past the time limit , I have informed them of this with the correct letter . What happens now? They are trying to contact me by phone now . I,m not answering ! cheers chaps

[hsbcfiddled]

hello, I,ve not recieved anything from my request to a DCA for the CCA It has past the time limit , I have informed them of this with the correct letter . What happens now? They are trying to contact me by phone now . I,m not answering ! cheers chaps

 

 

When did you CCA them?

[stapeley]

It,s been the required time , 12 days + month,+ 5 days !

[car2403]

hello, I,ve not recieved anything from my request to a DCA for the CCA It has past the time limit , I have informed them of this with the correct letter . What happens now? They are trying to contact me by phone now . I,m not answering ! cheers chaps

 

Tell them to stop calling you with the harrassment letter - see here for my version;

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/110148-car2403-ge-capial-bank.html#post1275815 (amend to suit)

[hsbcfiddled]

It,s been the required time , 12 days + month,+ 5 days !

 

 

Thats good then.

My advice just sit tight- you have done all you need to do.

No need to make any payments.

 

Although....You could summon up the strength to phone them and ask them-

Where is the copy of the agreement that I requested?

Do not phone me again until you have found the agreement!

Do not request money from me!

If you intend to take me to court MAKE SURE YOU BRING THE AGREEMENT WITH YOU.

Debt is unenforceable until you have produced the agreement!

 

You could add 'put that in your pipe etc' ....maybe not...we dont want to be accused of falling to their HIGH STANDARDS....not!

Go on Phone them You will feel better- just dont answer their questions only with yours- repeat them if neccessary- They hate that-then drop the phone and dont take their call backs

[car2403]

My advice is to NOT phone them, as it will effect you more than it will them - they are trained to ignore your disputes and press you for payment. Plus, you don't want to say anything that will effect your claim/defence at a later stage, if it comes to that.

 

If you want them to stop calling, send the harrassment letter, otherwise the next move is theirs - not yours.

[hsbcfiddled]

Like I said. It depends on how confident you feel.

If you feel strong enough and confident enough to take them on then its up to you.

If you dont answer their questions then there is nothing that you have agreed to.

 

If you dont want to phone - then put the same questions in writing instead.

 

Car's advice is good - I enjoy taking them on though.

[car2403]

I can see what you mean, but you don't want to get sucked in to a conversation and end up acknowledging the debt at this stage, IMHO.

 

"Documentation beats conversation" is my moto when dealing with these things - don't waste your time speaking to the monkey on the phone when you get to deal with the organ grinder if they continue to pursue a, now unenforceable, debt.

 

You're wicked hsbcfiddled!

[stapeley]

I believe they have passed it back to OC , The O C tried ringing me yesterday , they left a message to ring them , oH YES okay I,ll do that then ! NOT !