Cap1 & CCA return

[maybelline]

Thanks ladybird, that makes very enjoyable reading!

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/83246-well-well-halifax-court.html

 

Els

yes, well done Alison, just how Welcome Finance treated me, I will be wathcing this.

[Guest The Guvner]

Very nice we are going to have to keep an eye on that case

 

Which will most proberly open the floodgates for further claims.It seems that the banks are being taken apart bit by bit.

[Guest The Guvner]

TS probably won't - they don't do anything!

 

Un1: The reason TS are very reluctant to prosecute is due to the lenders being reluctant to be dragged through the courts and the cost to TS in putting the case together.Many of the penalties are only Level 4 which is peanuts to the bank and it's more of a slap on the wrists to them than anything else.For TS to make a successful prosocution cannot be done on an individual basis.We have seen in a previous post that the individual has to take out a private prosecution ie Harrassment to actually acheive justice.As you well know The Terminator has a few on the go at the moment but his being shrewd and waiting for them to make the first move which they are reluctant to do and as the clock ticks they are digging themselves a deeper hole which they are going to find is very hard to get out of.

[angry cat]

Originally Posted by un1boy

TS probably won't - they don't do anything!

 

Un1: The reason TS are very reluctant to prosecute is due to the lenders being reluctant to be dragged through the courts and the cost to TS in putting the case together.Many of the penalties are only Level 4 which is peanuts to the bank and it's more of a slap on the wrists to them than anything else.For TS to make a successful prosocution cannot be done on an individual basis.

 

Yes, and if a litigant in person does prosecute it has to be in a Magistrates Court. Also the LIP has to prosecute within 6 months from discovering the Offence due to limitation rules!!!

 

Somewhat Unfair on the vulnerable consumer, isn't it.

 

Human Rights, are there really any for hoodwinked consumers...there most certainly should be.

 

The whole Consumer Credit issue, is shambolic and I am personally fed up with being fobbed off by the so called regulators.

 

AC

[Guest Battleaxe]

If this lady wins, the floodgates will open. of course we could all have a go and see how much they offer as goodwill for the sleepless nights, the Mumbai Mumblers calling Saturdays and Sundays. iot's free to dream. At least we have the copies of the letters on file asking the cease calling, all sent by recorded delivery, which should count for something. I hope she wins. I bet Halifax make her an offer to settle out of Court

[un1boy]

Un1: The reason TS are very reluctant to prosecute is due to the lenders being reluctant to be dragged through the courts and the cost to TS in putting the case together.Many of the penalties are only Level 4 which is peanuts to the bank and it's more of a slap on the wrists to them than anything else.For TS to make a successful prosocution cannot be done on an individual basis.We have seen in a previous post that the individual has to take out a private prosecution ie Harrassment to actually acheive justice.As you well know The Terminator has a few on the go at the moment but his being shrewd and waiting for them to make the first move which they are reluctant to do and as the clock ticks they are digging themselves a deeper hole which they are going to find is very hard to get out of.

 

I know what you mean, but it's stupid - they are meant to "polic" the act, yet these banks get away with it all.....

 

We should all report it to the OFT - they guy i spoke with said that they would be VERY interested in all this as they use it all to decide whether to rennee credit licenses and assured me that they take all info like this very seriously....

[un1boy]

Originally Posted by un1boy

TS probably won't - they don't do anything!

 

Un1: The reason TS are very reluctant to prosecute is due to the lenders being reluctant to be dragged through the courts and the cost to TS in putting the case together.Many of the penalties are only Level 4 which is peanuts to the bank and it's more of a slap on the wrists to them than anything else.For TS to make a successful prosocution cannot be done on an individual basis.

 

Yes, and if a litigant in person does prosecute it has to be in a Magistrates Court. Also the LIP has to prosecute within 6 months from discovering the Offence due to limitation rules!!!

 

Somewhat Unfair on the vulnerable consumer, isn't it.

 

Human Rights, are there really any for hoodwinked consumers...there most certainly should be.

 

The whole Consumer Credit issue, is shambolic and I am personally fed up with being fobbed off by the so called regulators.

 

AC

 

AC, are you sure it's 6 months? I would have thought it was 6 years.....

 

The Human Rights Act doesn't apply to private companies, does it?

[un1boy]

If this lady wins, the floodgates will open. of course we could all have a go and see how much they offer as goodwill for the sleepless nights, the Mumbai Mumblers calling Saturdays and Sundays. iot's free to dream. At least we have the copies of the letters on file asking the cease calling, all sent by recorded delivery, which should count for something. I hope she wins. I bet Halifax make her an offer to settle out of Court

 

I agree.

 

Barclays were chasing my sister for an unauthorised OD of about £470.

 

They started chasing only after we entered court papers for £1200 in charges. (8 months after she went overdrawn) After about 3 letters, they told us (in writing) that they would cease all action.

 

She got a court summons yesterday - so, I have told her to send the "get out of jail free" letter from them to them and the court as defence...........the summons came about 2 weeks after they sent the other letter.......

 

lol

[Guest Battleaxe]

A lot of work has to be done yet regarding the Human Rights Act and Harassment. this is one of my projects I have been gathering information on to see if we can use parts of the Act hand in hand with the Harassment Laws and CCA. It wont benefit us, but it could help those who come after us and I am sure the Human Rights Act can be used when dealing with the Credit Reference Agencies and our credit files. Once we get Section 85 sorted, this could be the way forward to tighten up our defences.

[un1boy]

A lot of work has to be done yet regarding the Human Rights Act and Harassment. this is one of my projects I have been gathering information on to see if we can use parts of the Act hand in hand with the Harassment Laws and CCA. It wont benefit us, but it could help those who come after us and I am sure the Human Rights Act can be used when dealing with the Credit Reference Agencies and our credit files. Once we get Section 85 sorted, this could be the way forward to tighten up our defences.

 

I think you're tight Battleaxe in terms of the Human Rights Act being used against the CRA's!

[elsinore]

We should all report it to the OFT - they guy i spoke with said that they would be VERY interested in all this as they use it all to decide whether to rennee credit licenses and assured me that they take all info like this very seriously....

 

That's when a database would come into its own (see post 6015)

 

Els

[un1boy]

That's when a database would come into its own (see post 6015)

 

Els

 

hehe, i guess elsinore!

[Guest The Guvner]

Originally Posted by un1boy

TS probably won't - they don't do anything!

 

Un1: The reason TS are very reluctant to prosecute is due to the lenders being reluctant to be dragged through the courts and the cost to TS in putting the case together.Many of the penalties are only Level 4 which is peanuts to the bank and it's more of a slap on the wrists to them than anything else.For TS to make a successful prosocution cannot be done on an individual basis.

 

Yes, and if a litigant in person does prosecute it has to be in a Magistrates Court. Also the LIP has to prosecute within 6 months from discovering the Offence due to limitation rules!!!

 

Somewhat Unfair on the vulnerable consumer, isn't it.

 

Human Rights, are there really any for hoodwinked consumers...there most certainly should be.

 

The whole Consumer Credit issue, is shambolic and I am personally fed up with being fobbed off by the so called regulators.

 

AC

 

It is unfair A.C and its also imoral as the regulators don't really give a damm.I saw something in the paper today about a loan shark who got a custodial sentence for harrassment.Now my question is if the authorites can do it to a loan shark why can't they do it to a bank.

[un1boy]

Originally Posted by un1boy

TS probably won't - they don't do anything!

 

 

 

It is unfair A.C and its also imoral as the regulators don't really give a damm.I saw something in the paper today about a loan shark who got a custodial sentence for harrassment.Now my question is if the authorites can do it to a loan shark why can't they do it to a bank.

 

Because the banks are the ones who loan dosh to and pay for these regulators......

[Guest The Guvner]

 

Because the banks are the ones who loan dosh to and pay for these regulators......

 

I think the point I was trying to make was the harrassment issue;)

[elizabeth1]

A lot of work has to be done yet regarding the Human Rights Act and Harassment. this is one of my projects I have been gathering information on to see if we can use parts of the Act hand in hand with the Harassment Laws and CCA. It wont benefit us, but it could help those who come after us and I am sure the Human Rights Act can be used when dealing with the Credit Reference Agencies and our credit files. Once we get Section 85 sorted, this could be the way forward to tighten up our defences.

 

 

I often wonder whether there are laws that touch this topic area to do with "Corporate and Social Responsibilty" where these companies ought to be taking responsibility for their actions etc.. Surely what they are doing is irrisponsible in so many of the areas we are all touching upon within our cases?

[Cristal]

Ian - sounds an exact replica of my situation, and of my conversation with them yesterday. (My letter was signed by Dee Dillistone - Head of Pre-Litigation, strange because on Thursday's letter she was Head of Customer Service).Maybe it was the same guy we both spoke to - he must be thinking stacking supermarket shelves on the night shift is looking like a good option!

 

Thanks for the warning about Dee's new job - tho I don't think she has been promoted for the way she's been dealing with my account! Or maybe she's the perfect example of 'failing upwards'. Last month she was 'Head of Customer Assistance' (yeah, right). MBNA are in complete chaos - I'm getting contradicting letters from Patricia Brassil Poole (she's quite the letter writer!), Ben Elliot, Paul Brighton, Steve Bailey ('Head of Customer Advocate Office', my fave job title so far), Matthew McGrath, Adam Green and Lisa Newell who has advised me that they have the land registry title on my property, clearly threatening to put a charge on the property. Talk about intimidation. The Mafia could take lessons from these people. The phone calls, however, have stopped since they received the CCA letter - tho they have totally ignored my request for a properly executed agreement while continuing to issue menacing letters!

 

As I am in your footsteps, I shall be watching your progress with interest....best of luck!

[Guest The Guvner]

I often wonder whether there are laws that touch this topic area to do with "Corporate and Social Responsibilty" where these companies ought to be taking responsibility for their actions etc.. Surely what they are doing is irrisponsible in so many of the areas we are all touching upon within our cases?

 

Hi Lizzie

 

Don't the banks have an ACOP.

[elizabeth1]

Hi Lizzie

 

Don't the banks have an ACOP.

 

 

Seems they rarely "adhere" to anything though??

[elsinore]

Hi Lizzie

 

Don't the banks have an ACOP.

 

If you were to ask them, they would doubtless point to the Banking Code and Business Banking Code.

 

The words 'chocolate' and 'fireguard' spring to mind!

 

Els

[ladybird17]

Cristal, I'm not sure how I'm going to play it now!

 

I'm tempted to sit back & do nothing:)

 

Oh yes Patricia BP likes writing to me as well - not RESPONDING to my letters, you understand, just writing her own, going on and on and on....as if I'd never got in touch with them at all.

And I'm still awaiting a promised phone call from the Customer Advocate Office....I wonder if they've forgotten, they were supposed to call me back, as confirmed by Alison in customer services on........February 4th.

[Guest Battleaxe]

I don't know who clicked me,so thank you whoever it is. It is nice to know the work is appreciated.

[ladybird17]

Well it wasn't ME!! You've got far too many green blobby bobbly things - I feel positively inferior.

[tamadus]

I agree.

 

Barclays were chasing my sister for an unauthorised OD of about £470.

 

They started chasing only after we entered court papers for £1200 in charges. (8 months after she went overdrawn) After about 3 letters, they told us (in writing) that they would cease all action.

 

She got a court summons yesterday - so, I have told her to send the "get out of jail free" letter from them to them and the court as defence...........the summons came about 2 weeks after they sent the other letter.......

 

lol

 

This is becoming a new tactic for them. Tell us they are dropping action then go ahead with it. They must think we are stupid enough to forget it and throw the evidence away.

 

Have they refunded the charges yet Un1?

[tamadus]

That's when a database would come into its own (see post 6015)

 

Els

 

Els if we do utilise a database we must then comply with the DPA if we keep any personally identifiable information on it.

 

may be worth an enquiry to the ICO about in the near future.