Its getting worse!!!! going to payplan

[Mr Worried]

Hi Tingy

 

But we are arnt we...' Very Good '

 

Mr

 

 

 

Courts are increasingly accepting no agreement at all, just reconstituted ones. You are right. About a month ago thre had been 12 cases nationally won on S77-79 arguments this year, but you have to be VERY good to win.

[Tingy]

Indeed, but it is very difficult. Not only do you have to make sure your case (which in all probability will hang on some technicality) is rock solid, but you've got to be able to stand up to cross examination in court from someone who does this day in, day out - not easy, and not something I would volunteer to do for someone. There are people on here considerably better than me though, and they may well!

[Mr Worried]

However, it is worth trying, as at that stage you have nothing to loose. IMO of course

 

Mr

 

 

Indeed, but it is very difficult. Not only do you have to make sure your case (which in all probability will hang on some technicality) is rock solid, but you've got to be able to stand up to cross examination in court from someone who does this day in, day out - not easy, and not something I would volunteer to do for someone. There are people on here considerably better than me though, and they may well!

[Tingy]

Totally agree, but increasingly I wonder whether it's easier to try to trip them up under CPUTR 2008 as you can ask questions under that or use phrases in very broad definitions that make the DCA's etc.... commit criminal offences if they cock up their reply. It is a wonderful piece of legislation.

[Mr Worried]

I agree too, however it is personal preference as to how far you take it, confidence takes a big part. I have not had to take action re court and section 77s etc or similar and if I do then cag will be the first to know.

 

Mr

 

 

 

Totally agree, but increasingly I wonder whether it's easier to try to trip them up under CPUTR 2008 as you can ask questions under that or use phrases in very broad definitions that make the DCA's etc.... commit criminal offences if they cock up their reply. It is a wonderful piece of legislation.

[Tingy]

I'll come and hold your hand, but I'd be as much use as a chocolate fireguard!

[Mr Worried]

You wouldnt be, ave been in front of the judge over 15 times in the last 2 year and got stronger every time, the worst of them all was the CSA, WOW they begged the judge to imprison me, I explained to her why she should take no notice of the acting solicitor and listen to me instead.

 

Now the CSA call me each month to get their payment by card. nasty buggers though.

[Guest 47Barney]

I got this back from connaught today.....

 

Dear Sir

 

Re: 1ST Credit-MBNA outstanding debt.

 

I refer to the above stated matter and your letter dated 7th march 2011

 

I have noted your request for information to be supplied under the Consumer Credit Act. I write to confirm we have requested this information from our client and shall provide it to you as soon as we are in reciept of the same.

 

I must at this point advise you that due to the fact the outstanding debt has been assigned from the original creditor to 1st Credit, it may take longer than the 12 days specified within the Consumer Credit Act. we confirm no enforcement action shall be considered by Connaught Collections until this information has been supplied to you.

 

should you wish to discuss the matter in the mean time please do not hesitate to contact us.

 

yours Faithfully

 

A Knobber.

 

So now what do i do regarding this letter....in fact i got sent one for each of my accounts which are around 7 years old, they told me over the phone this could take months to find up the agreements.

[victoria_siempre]

Hi Barney

 

One might cease payment to bandits on the basis of:

 

"16. ASSIGNMENT OF RIGHTS

16.1 W

here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

16.2 I

t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

16.3 N

otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

16.4 W

here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

16.5 T

he definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

43 Regulation 36 of the EU Directive Regulations.

71

 

And you might choose to make your affordable payment to the OC direct.

 

love

 

vic

 

PS Sorry to keep banging on about this EU law embodied in a Statutory Instrument, but nobody seems to be engaging?

 

 

x

[Tingy]

 

 

PS Sorry to keep banging on about this EU law embodied in a Statutory Instrument, but nobody seems to be engaging?

 

 

x

 

 

 

Cough, cough! Excuse me!

 

You're right though, MORE people ought to be taking notice of some of these laws and regulations.

[victoria_siempre]

Sorry Tingy

 

You are exceptional:

 

"And all men kill the thing they love,

By all let this be heard,

Some do it with a bitter look,

Some with a flattering word,

The coward does it with a kiss,

The brave man with a sword!

 

 

 

Reading Gaol, Wilde; and I have read :-Dit by the way

 

xxx

 

v

[Tingy]

Me too! I had to read a lot of Oscar Wilde during my first degree at university. A true character.

[Mr Worried]

Listen you 2, educate yourselves with Sun Tzu.

 

Mr

[rockwell304]

Listen you 2, educate yourselves with Sun Tzu.

 

Mr

 

Vic is already up and running with Master Sun!

[Mr Worried]

So I believe, and rightly so too.

 

Mr

 

 

 

Vic is already up and running with Master Sun!

[victoria_siempre]

Glad and confident morning Mr W and rock

 

The sun shines both on the righteous and the unrighteous; for DCA guests, this is valid even if not read by you.

 

xx

 

v

[Mr Worried]

Morning,

 

Lets hope it shines on Friday as I am in court.

 

Mr

 

 

 

Glad and confident morning Mr W and rock

 

The sun shines both on the righteous and the unrighteous; for DCA guests, this is valid even if not read by you.

 

xx

 

v

[victoria_siempre]

My love and thoughts will be with you Mr not W

 

 

xxxxx

 

v

[Tingy]

Mr,

 

Especially for you:

 

He who knows when he can fight and when he cannot, will be victorious.

 

Invincibility lies in the defence; the possibility of victory in the attack.

 

The enlightened ruler is heedful, and the good general full of caution.

 

When envoys are sent with compliments in their mouths, it is a sign that the enemy wishes for a truce.

 

He who can modify his tactics in relation to his opponent, and thereby succeed in winning, may be called

a heaven-born captain

 

 

You have to believe in yourself

 

 

See - we hang on your every word!8)

[Mr Worried]

Hi Tingy

 

Those Words shall be in my mind tommorow when I slay the CSA, just as Mr Galloway slayed the senate.

 

Mr Very Hopefull

[Ford]

........... this EU law embodied in a Statutory Instrument.......

 

 

x

 

for general reference i.e; Consumer Credit Directive, and associated Consumer Credit Regulation(s) 2010 (SI(s)) for eg

Edited March 17, 2011 by Ford
typ

[Mr Worried]

UPDATE UPDATE

 

Well I made mincemeat of the CSA's Sol, she wanted my licence taken away and / or me sent to prison for refusing to pay!

 

In a nice calm voice I replied, your honour I am not refusing to pay, I just cant afford the amount they are requesting, further more I have written to the CSA on many occasions and they have vever replied nor ansered any of my requests for help.

 

I am able to pay xxxxx p/mth and if that is not enough, then to the ' stocks ' I must go ( I said that ), your honour there is a difference between refusing to pay and cant pay ( circumstances supplied ) yet the solicitor to my left seems unable to differentiate between the two, I would like to ask for your consideration as regards my proposal and I would also like to thank the courts for affording me the time today in allowing me to explain my situation...Thank you.

 

Then the judge granted in my favour...........etc etc...............

 

It is a sad fact that the CSA is in a mess and that on the 3 occasions I have been to court they have went for my ' throat ', and each time I have spoken to the acting sols and they say, we are doing our job?

 

Mr W with a cold Chablis.

[Tingy]

Well done you. Fought them off again for the time being. When will they learn?

[Mr Worried]

Cheers Tingy

 

Maybe till the next time? I start a new job very soon so I will increase monies, they always mess up their comms as they never ever have their files up to date and I have advised them their sols and the courts, yet it is accepted.

 

Sooner I pay up the better,

 

Mr W

 

 

Well done you. Fought them off again for the time being. When will they learn?

[victoria_siempre]

Congrats Mr W

 

x

 

v