Basic Introduction to Consumer Credit litigation

[grandaddy]

Excellent.

[DBG]

Many thanks for putting in the time to do this. Clear, straightforward, plain English advice is just what we need. I too will be subscribing for future reference.

[deafandy]

great info, is there going to be a version for those of us who need to sue a creditor?

[hellhasnofury]

Dear Tomterm,

 

I am so glad to have found this thread, it is a pearl of wisdom, for us less litigant cagger. I found the thread extremely helpful and written in a format that is so easy to digest. I understand it totally, and it will help me so much.

 

Thank you for your help and support of others:D

 

If cag gave medals to hero's you would have one:D

[vandermerwe]

Tomterm - you've done good and fair postings here. Congratulations.

 

What I don't see is the possibility of judge bias.

 

My wife and I, as defendants, dressed appropriately for Court to defend an unpaid bill for poor workmanship.

 

The claimant had multi-coloured hair, was quite inarticulate, and asked for a recess "to comfort her single-parent child" waiting outside the court.

 

She (the claimant) returned shortly thereafter breezing self confidence.

 

The judge, eyes glazed over, said in effect Mr. and Mrs. Vandermerwe look as though they can pay, you obviously need the money for your habit (sorry child).

 

Van

[elizabeth1]

TomTerm this is an excellent thread and will be appreciated by many here. Well Done and Thank You

[Josie8]

excellent thread

[maggieboo]

excellent thread, makes it all a bit clearer

[gordonsanderson]

Hi there,

I wish to take one of my creditors to court after the 8 week response time is up, and time is up 17th jan 2008, are there any threads that will clue me up legaly, i'm not affraid about going to court, because they have to prove that they sold me PPI product, and they have absolutely no chance of that, i am just in need of a prep guide to ensure i know what games they play in a court of law, and that i've got everything i need.

Any advice is good advice as it is more than i know now.

Regards

[gordonsanderson]

Sorry "ERROR" it was mis-sold and not sold.

REGARDS

[gordonsanderson]

SORRY again . "ERROR" ........they have to prove that the PPI was not miss-sold, sorry again i'ts late and i'm pooped.

Regards

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

TRY THE LIBRARY FOR THE TEMPLATES YOU THINK YOU NEED

PPI if you have claimed on your PPI i think their is still room to claim against being mis sold for the fact we almost all were of the beleif at the time it would clear the debt...sadly this was not happening when it came to the small print it was not always apparent that they only paid a percentage

patrickq1

[andrew1]

Actually Partick, I too had an insurance lopped onto a loan account which on a £13k loan on a 5yr period added nearly £6k in insurance. I had no choice at the time. I did claim for 12mnths which was the limit whilst ill and got £404 per month paid on the loan, but I still feel miffed at the rip off but don't feel I can claim because I made a claim myself..maybe I should.

[patrickq1]

i think you will find that being of a beleif then that the bill would be cleared because of the PPI is enough to raise doubts and also is open to the mis selling of this product,considering the price that the banks and finance charge which can be as much as three times or even double the normal limit you would pay,secondly when and if you dealt with an independant insurer they would explain all the ins and out ,where as banks poin t yo to a PPI that will pay upto about 15000 making it seem like you are totally covered so even if you already claimed your payments this in no way satisfies yourself so your claim that it was mis sold...patrickq1

[asr2]

I received a citaion recently staing TBI had an assignation from Liverpool Victoria for a debt I owed amounting to circa £6500. I submitted a time to pay and a letter stating that TBI did not have the correct address for me on file to which they supposedly had sent the confirmation of assignation. I accepted acknowledgement to he debt owed to LV but as intimated had not received correspondence from TBI . Will the court enforce this litigation?????

[moronic]

great original letter on this post just pstg so can pick up l8er

[excel1]

Just a bit gutted that you dont get to meet Judge John Deed!

[FANTASY CHARGES]

Tom great thread

 

re post 8 on this thread......

 

Establish that they sent a default notice in the proper format

 

 

 

 

The following information must be contained in the default notice:

 

i a description of the agreement sufficient to identify it

ii the name and a postal address of the trader

iii the name and a postal address of the customer

iv a statement that the notice is a default notice served under section 81(1) of the Consumer Credit Act 1974

we have a simple reading error obviously you meant to say section 87(1) and not section 81(1)

this thread is so good i would suggest you all paste it into your home page on this site for easy reference far more permanent than a bookmark or adding to your favourites

[tomterm8]

yeah, that was just a typo. Fixed it.

 

Thanks for the compliment... the thread is in the wiki as well.

[Valhalla]

Tomterm8

Your thread about the basics of consumer credit is a masterpiece.

Thank you so much

 

Valhalla

[Aspirante]

Hi Tom,

Thanks for the info, I received a Court Claim two dys ago, do I send the reuest for information letter to (a) the claimant (who is the original creditor - TSB) (b) the dca or © the claimants solicitor (Sechiari C&M)

[car2403]

Hi Tom,

Thanks for the info, I received a Court Claim two dys ago, do I send the reuest for information letter to (a) the claimant (who is the original creditor - TSB) (b) the dca or © the claimants solicitor (Sechiari C&M)

 

Hi,

 

You'd really be better off starting your own thread, as your questions will get lost on here;

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[tomterm8]

The name and address for service of documents which is on the court claim. this is normally the solictor.

[moronic]

Hi - need help re credit card claim against me:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/150037-court-action-1st-credit.html?highlight=1st+credit+court+action

[andrew1]

This might be a basic Consumer Credit Question:

 

If an agreement is found to be a multiple agreement because 2 categories of credit per CCA need to be found in the type of credit within that agreement, would or could one of those categories be an ' exempt' agreement? ie: an amount which is classified an exempt agreement in line with say s.16 CCA

 

Also, If an agreement is deemed unenforceable as a result of a wrongly constructed credit /Loan agreement would it be only the 'regulated elements' that are unenforceable and not the unregulated parts?

 

 

Thanks