Capital (one) Justice

[diddydicky]

Diddy and CitB and all.

Agreed; but when did this law change was it for agreements after 2006 or before?

 

Also: time to give thought to the next stage. I don't think for one minute that Cap One are going to fold on my demands. They have admitted in writing they have no agreement so is there any point in going for s142 or do I go for an SAR and then sue for chrges and interest? Could I just sue via MCOL?

Suggestions please....(and keep them clean)

 

as far as i know it has ALWAYS been the case that both signatures are required

 

and as far as i know it has always been the case that if the creditors signature was missing it has not been sufficient for the debtor to get the agreement nullified because of it

 

the court will ask itself in what way you were disadvantaged by the lack of the creditors signature? (which often is no more than a stamp in any event)

[johnerog]

Hello Diddy

 

I've dug out the HBOS V Mitchell from June 1st 09. Interesting reading, I Quote para.4.

 

Having regard to the date of the agreement made in this case, which was prior to amendments made to the act which took effect from 5th April 2007, the result of non compliance with Sec 61(1)(a) would be that the CC agreement would be unenforceable against the defendant.

 

Now; I do not know if this has been challenged on appeal!!

 

Opinions anyone, and please give thought to next step.

[diddydicky]

Hello Diddy

 

I've dug out the HBOS V Mitchell from June 1st 09. Interesting reading, I Quote para.4.

 

Having regard to the date of the agreement made in this case, which was prior to amendments made to the act which took effect from 5th April 2007, the result of non compliance with Sec 61(1)(a) would be that the CC agreement would be unenforceable against the defendant.

 

Now; I do not know if this has been challenged on appeal!!

 

Opinions anyone, and please give thought to next step.

 

no its very relevant also makes it clear that the PT's must be on the signature document as in an application form

 

also makes it clear what the result on costs will be if the creditor persists in litigation when it has been made clear to them what the failings are pre trila

 

BOS (Halifax) came within a whisker of being in abuse of process

 

very useful to send any creditor a copy of this if they are trying to rely on an appl form for an agreement

[johnerog]

Hello All. News just in......

 

In the last couple of days i have had a letter from Capquest ans Cap one,

Both threatening of course.

Letter from Cap-one tells me that they are cancelling my agreement. What agreement? They have already admitted they don't have one.

 

Letter from capquest tells me i am a naughty boy and they might sue me!!

 

I sent an e-mail to that nice Mr. Berman explaining that as they had passed my details to a third party without my permission they were in breach of the data protection act, and by the way if I don't get my cheque by tomorrow you are in contempt of court... No reply as yet.

 

I sent Capquest a copy of the court order and e-mail admitting no agreement. I also explained that they had breached the DPA and if they contact me again I will sue them using the admin of justice act (and maybe the Harassment Act.

 

Such fun..

[enoughisenough]

Oh dear...

 

They ARE misbehaving aren't they? How will they react when you notify them, correctly of course, that violations of s.1 of The Harassment Act carry CRIMINAL penalties not civil ones. Will that put them back in their box?

[johnerog]

Oh dear...

 

They ARE misbehaving aren't they? How will they react when you notify them, correctly of course, that violations of s.1 of The Harassment Act carry CRIMINAL penalties not civil ones. Will that put them back in their box?

 

Well, well EIE I did not realise that.

Many thanks.

[johnerog]

Well, blow me down. The postman has been and that nice Mr. Berman hasn't sent me any money. I wonder what I should do now? Any suggestions anyone?

[enoughisenough]

Law of offer and acceptance. I will try to post later on this. Your entitlement to rely on offers made. Court enforcement I'm afraid. They will blink first.

[johnerog]

Law of offer and acceptance. I will try to post later on this. Your entitlement to rely on offers made. Court enforcement I'm afraid. They will blink first.

 

Glad your here EIE. I think Cap One have made a boo boo!

 

I should explain. When I went to the court the afternoon before the hearing was due to explain we had reached agreement I was told that i was too late to Vacate as there was no judge in the building.

The following day I attended to explain in person and the judge said ok but he made the cost payment A COURT ORDER giving today as the last day.

 

I don't think I have to rely on offers made. I think they are in contempt.

[citizenB]

John, have you got a copy of the cost order. If so, you could initially write a polite letter and enclose a copy of the order. Ask for a cheque to be made payable within 7 days or you will be exploring your options.

 

That gives us a few days to work out what those options are

[enoughisenough]

Please tell me you are going to have to send the bailiffs in. Go on. Please!

[citizenB]

Please tell me you are going to have to send the bailiffs in. Go on. Please!

 

might do

[Gallahad]

Well if that happens I will sure have a drink on that:)

[johnerog]

Hello all

I'm thinking of a winding up order; anybody know anything about it???

[citizenB]

Hello all

I'm thinking of a winding up order; anybody know anything about it???

 

Erm, winding up as in "mess with brain" :lol:or winding up as in "take away their business":confused:

 

I imagine that one will be a lot of fun and the other quite expensive:)

[johnerog]

Erm, winding up as in "mess with brain" :lol:or winding up as in "take away their business":confused:

 

I imagine that one will be a lot of fun and the other quite expensive:)

 

I once worked with a big company that owed a small company money. small company got court order which was ignored. Small company got winding-up order. Big company had to change trousers and it cost them thousands of pounds to put it right. Big company never ignored small company again; any small company.

 

I haven't looked into it properly yet. Just a thought.

[citizenB]

I once worked with a big company that owed a small company money. small company got court order which was ignored. Small company got winding-up order. Big company had to change trousers and it cost them thousands of pounds to put it right. Big company never ignored small company again; any small company.

 

I haven't looked into it properly yet. Just a thought.

 

Well if you go this route, I reckon you could sell enough tickets:lol:

[johnerog]

Just dreaming Cit B.

Be nice though wouldn't it

[basa48]

Well I have a CCJ against SDFC and after my letter to their CEO they are cr*ppng themselves to get it set aside ( http://www.consumeractiongroup.co.uk/forum/legal-issues/222131-opposing-set-aside.html ).

 

PS: Hearing Thursday !!

[the_shadow]

Hmm perhaps the press would like to know about the fact a debt collection agency is not paying off its own debts

 

perhaps in the next round of communications a suggestion you'll contact the media (national press) and inform them of the story of how disreputable this company is it cant even settle its own debts.

 

S.

[the_shadow]

Well I have a CCJ against SDFC and after my letter to their CEO they are cr*ppng themselves to get it set aside ( http://www.consumeractiongroup.co.uk/forum/legal-issues/222131-opposing-set-aside.html ).

 

PS: Hearing Thursday !!

 

Good luck for the hearing Basa48

 

S.

[enoughisenough]

Best wishes

 

Post back up Basa48 after the hearing. If it takes place...

 

I've a feeling you'll be their favourite person today.

[johnerog]

Well I have a CCJ against SDFC and after my letter to their CEO they are cr*ppng themselves to get it set aside ( http://www.consumeractiongroup.co.uk/forum/legal-issues/222131-opposing-set-aside.html ).

 

PS: Hearing Thursday !!

 

I think we should have a Cagger of the month. I vote basa if this works out well.

 

All power to you Bas.

 

How long should I give them to pay me do you think; how about Monday?

[johnerog]

Afternoon all.

 

The post has arrived, no cheque. I have e-mailed Starr and Berman telling them they have until Monday to:

1. Pay me or i start enforcement proceeding

2. Let me have the promised response to my proposals or we start again in court.

 

I sent a copy of the court order, and asked for copy statements. I won't hold my breath on the statements as they will probably want a tenner out of me, but it might be some thing a little extra to produce in court, who knows.

[diddydicky]

sit on it for 28 days- that way when they pay they will not be able to remove the ccj from their records for 6 years

 

chase them now and they will pay and have it removed