un1boy - N1 issued for breach of CCA request

[un1boy]

Hearing for their application to set aside the judgement in default is tomorrow.

[un1boy]

I really can't be bothered with all this anymore so I am going to make them a settlement offer:

 

Closure of the accounts

Removal of account data

Refund of court fees only - no other refunds and no interest.

 

I know I could go for it all, but I don't have the time or the money and I know that 4.5k would be lovely, but my main aim is to get my defaults removed - I can reduce my monthly outgoings by over £100 if that happens by shuffling creidt around.

[un1boy]

Ok, so the deputy judge set aside the judgement in default - I knew she would. She kept asking them what they wanted and whether 14 days was enough time for them to get their defence in. Even though she mentioned thay had already submitted the defence as part of the other claim.

 

The justice system in this country is shocking.

[humbleman]

Hi Uniboy

 

All I can say is it s**ks, did you argue that they had no real defence to the claim and how they are going to defend this. If they were serious of defending, would they not have done this back in Feb'08 when they applied for a set aside.

[un1boy]

Hi Uniboy

 

All I can say is it s**ks, did you argue that they had no real defence to the claim and how they are going to defend this. If they were serious of defending, would they not have done this back in Feb'08 when they applied for a set aside.

 

I did tell her and she said that it would be interesting to know whether the CCA applies to this account and the only way to know is to let it go to trial. Also, it was a court error so it had to be set aside. She also said that although the previous judge told me I was allowed to enter the judgement request, the court are not here to give me advice and I should seek my advice - so, what am I meant to do? Not listen to a judge?

 

It was sickening: whilst writing down the points of the order, she kept asking the bank if they were happy and if there was anything they wanted to add. Everything they wanted adding got added.

 

Even when I asked for a refund of the issuing fee, she ASKED them if they were ok to pay it...I know she was a deputy judge but, jeez....

[un1boy]

AQ's now entered.

 

I have am calling about the hearing date for the CC claim tomorrow as I haven't heard anything for weeks!!

[patrickq1]

you're going through the mill uniboy,they system seems disigned to frustrate and sicken you,the banks know this and like nothing better cause you are prosecuting them and not them you did you get anywere with your eu requaest yesterday if not i can have a look round today anf find the right source for you

patrickq1

[un1boy]

you're going through the mill uniboy,they system seems disigned to frustrate and sicken you,the banks know this and like nothing better cause you are prosecuting them and not them you did you get anywere with your eu requaest yesterday if not i can have a look round today anf find the right source for you

patrickq1

 

Hiya,

 

I know, it's crazy though isn't it? It's not been sorted out in nearly 2 years!!

 

No, I haven't had a chance with the EU thing yet - I'm going ot be in Leeds today but off tomorrow, so won't be available until tonight.

[un1boy]

you're going through the mill uniboy,they system seems disigned to frustrate and sicken you,the banks know this and like nothing better cause you are prosecuting them and not them you did you get anywere with your eu requaest yesterday if not i can have a look round today anf find the right source for you

patrickq1

 

If you could have a look matey, I'd appreciate it.

 

The part I am talking about is:

 

25 Licensee to be a fit person

(1) A standard licence shall be granted on the application of any person if he satisfies the Director that—

(a) he is a fit person to engage in activities covered by the licence, and

(b) the name or names under which he applies to be licensed is or are not misleading or otherwise undesirable.

(1A) The Director shall refuse an application for the grant of standard licence made by a consumer credit EEA firm if all of the activities described in the licence are activities for which the firm has permission, or could obtain permission, under paragraph 15 of Schedule 3 to the Financial Services and Markets Act 2000.

(1B) If an application for the grant of a standard licence—

(a) is made by a person with permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, and

(b) relates to a listed activity,

the Financial Services Authority may, if it considers that the Director ought to refuse the application, notify him of that fact.

(1C) In subsection (1B) “listed activity” means an activity listed in Annex 1 to the banking consolidation directive (2000/1 2/EC) or in the Annex to the investment services directive (93/22/EEC) and references to deposits and to their acceptance must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

© Schedule 2 to that Act.

(2) In determining whether an applicant for a standard licence is a fit person to engage in any activities, the Director shall have regard to any circumstances appearing to him to be relevant, and in particular any evidence tending to show that the applicant, or any of the applicant’s employees, agents or associates (whether past or present) or, where the applicant is a body corporate, any person appearing to the Director to be a controller of the body corporate or an associate of any such person, has—

(a) committed any offence involving fraud or other dishonesty, or violence,

(b) contravened any provision made by or under this Act, or by or under any other enactment regulating the provision of credit to individuals or other transactions with individuals,

(bb) contravened any provision in force in an EEA State which corresponds to a provision of the kind mentioned in paragraph (b);

© practised discrimination on grounds of sex, colour, race or ethnic or national origins in, or in connection with, the carrying on of any business, or

(d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether unlawful or not).

(3) In subsection (2), “associate”, in addition to the persons specified in section 184, includes a business associate.

I know it's a long shot, but I may try a complaint to the EEA because the FSA as it states above should take into account whether credit license holders have breached the act (which they have) and other things, if they have they can withdraw the license.

If this won't work - maybe the mods could get a list of the amount of CCA requests that have been given with no prescribed terms/no agreements/cases where we have had to take legal actiaon against a bank and produce a formal document to the FSA/OFT so that they have no doubt of the amount of breaches that are happeneing.

[un1boy]

I have just called the court:

 

The AQ were entered mid march and sent up to the judge - they have still not come down yet though, so god knows what's going on!!

 

I have been referred to case management.

[un1boy]

I called case management and the case has been sent back to them and the Judge has said that it should be stayed due to the OFT test case.

 

It has been referred back to the Judge to unstay.

[un1boy]

The relevant sections (s14 goes on a bit about the court verifying destruction but I haven't bothered with that):

 

How successful has this been? Everytime I've approached a company re DPA - re a major bank who has produced an unenforcable CCA but has been in the court system for over a year and I still have not got a hearing date - I get told that the information is correct and they are not removing it.

 

I guess you'll have to send an N1 - wish I knew about this months ago!!

:-/

 

Thanks!

[steven4064]

Everytime I've approached a company re Data Protection Act - re a major bank who has produced an unenforcable CCA but has been in the court system for over a year and I still have not got a hearing date - I get told that the information is correct and they are not removing it.

The banks will tell you information is correct, charges are legal - anything tro get you to go away. Just saying it, doesn't make it so

[un1boy]

The banks will tell you information is correct, charges are legal - anything tro get you to go away. Just saying it, doesn't make it so

 

Yes, but what I'm getting at is that you'd have to enter an N1 really to get anything sorted.

 

I don't mean to hijack this thread, so feel free to move these posts if you like but where I have a claim in at the moment re an unenforcbale CCA, I have not mentioned the DPA so could I ask the judge to condsider compo under section 14, or would it involve a seperate claim?

[steven4064]

Hi uniboy

 

You can put itin the same claim

[un1boy]

Hi Steve,

 

But my claim has been in the courts since July 2007 - should I put in a request to amend the POCs or should I wait and tell the judge at hearing?

[steven4064]

Sorry un1boy, I hadn't realised that. You could ask the judge at the hearing except there isn't likely to be one - Cap1 will settle first. The same applies to amending your POC -only any real use if you can get it before a judge. Do you have a default or other marker on your credit file in relation to this account?

[un1boy]

I have now, finally - after a year - got a hearing date for my claims!!!!

 

I'll post the order as soon as I can - hopefully now things will start to move forward after a bloody year!!

[patrickq1]

I would if i were you uni add your statement as you have written above to be entered for a possible partial judgement see if you can make the judge see sense and try to have their credit licence revoked ? obviously you need to adapt it in such a way as to look as though this is part of the settlement you insist on being looked at ,and force the FSA into a courtroom as material witnesses to this claim ?

you never know it might work and their is nothing in law saying this cannot be done or should i say the head of the FSA as the material witness....that would cause a massive stir dont you think

patrickq1

[patrickq1]

good idea that lol have him supenaed and let the press and everyone else know this should shake up the FSA to start acting in a lawful manner as it is it is bordering on corrupt practices them nat taking these sort of cases seriously and also mis informing you as to the law,can you see SIR CLIVE BRUALT i wonder what he would say to his underlings with this over his head lol

patrickq1

patrickq1

[patrickq1]

Do more to protect customers' personal details, warns FSA

[un1boy]

I don't quite understand what you mean Patrick- would it not need to be the OFT? But I still understand what you are saying I should do - can you explain again?

[un1boy]

The full order is:

 

1. The matter is listed for an Allocation Hearing and Case Management Conference at xxx on xxx at thye xxxx with an aproximate time of 30 mins.

 

2. By xxx pm xxx Defendant shall file at Court and serve upon the Claimant a note detailsing the current position in claim nubmer (the current account one) and the basis of the claim to enable the Court to consider sonsideration.

 

Now, my questions: What is the Allocation Hearing and Case Management Conference meant to decide and what is paragraph 2. actually saying?

 

The current account claim is being dealt with on its own and I have entered an AQ for that - I am really confused by this.

[un1boy]

Steve, can you move these posts to my thread in order to nothijack ICY's thread?:

 

http://www.consumeractiongroup.co.uk/forum/legalities/102075-un1boy-n1-issued-breach-new-post.html

 

Yes, I do have a default amrker and have a hearing scheduled for a couple of months time.

[car2403]

The allocation hearing is to decide which track to allocate the claim to - small claims or fast track.

 

The case management conference is just about setting directions for the case, once allocated.

 

It looks like you mean "consolidation" rather than "consideration" on the last word of the 2nd paragraph?