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CAT.
20 Aug 09 20:23
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Date Joined: 09 Apr 01
| Topic/replies: 874 | Blogger: CAT.'s blog
Do any firms act on a no win-no fee basis

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Replies: 343
By:
YOULITTLEBOTTY
When: 20 Aug 09 20:43
I believe the Kray Bros. used to.
By:
Pangloss
When: 20 Aug 09 20:50
Not quite - the Krays operated on the 'no win no feet' basis.
By:
Xavier Money
When: 20 Aug 09 20:54
Nobody will do this for you for nowt.. and if anybody offers do a runner.

Around 300 per agreement is about the right price to be paying.
By:
chisel
When: 21 Aug 09 08:53
If you took the money you should pay it back. It is a disgrace that people are looking for excuses not to pay!.
By:
Xavier Money
When: 21 Aug 09 09:03
That's the way the cookie crumbles i'm afraid, if it's ok for the Banks to have been charging excessively when the law states they should not have been... then when they break the law and do not ahere to strict government regulation...

why should they not face the consequences?

boot firmly on the other foot, tremendous stuff !
By:
DonWarro
When: 21 Aug 09 09:48
Your name here
Address here
Date here

REF:
Account/Reference Number

Dear Sir/Madam

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully
By:
HarryCrumb
When: 21 Aug 09 10:50
Well said chisel.
By:
chisel
When: 21 Aug 09 10:59
If there is no doubt that the money is owed it should be repaid. Trying to get out of a debt on a tecnicality is a total disgrace.

The banks are not innocenmt parties by any means , but two wrongs do not make a right! People should have more moral fibre about them.**ing other peoples money up agaianst the wall and then saying it is not your fault you spent it is wrong.
By:
DonWarro
When: 21 Aug 09 11:02
they never loaned you anything though. law forbids them from loaning desposits,so where does the money come from. and more importantly, since we know it is created out of thin air, they are not taking on a liability. if they have no liability their profit is the full some you "repay" with interest on top. ethical??

so, since these loans to do not actually meet the criteria of being a loan, because you're not borrowing anything from them, what is the problem. you have been conditioned into thinking "you must repay" - but you're not repaying them at all. they never had the money in the first place. why you think the debt culture has been encouraged like it has? ;)
By:
DonWarro
When: 21 Aug 09 11:05
why it unethical that "money" should be created out of thin air and you keep it all, but it is not unethical that a bank creates it, "lends" it to you, and then you "pay it back" and they KEEP everything you pay them...
By:
DonWarro
When: 21 Aug 09 11:10
no liability on the banks part means nothing is "owed". the banks need you for the process of creating money. they can only do it when you "apply" for a "loan" (what you are actually doing is asking them to faciliate the creation of credits in your name in return for paying an agreed fee which is the full amount + interest).

they cannot create it without your NI number, for this is where the double entry accounting liability is made - you are borrowing from yourself and paying the bank for the pleasure lol
By:
DonWarro
When: 21 Aug 09 11:15
theyve been middle-man'ing us for ages. very good business eh.
By:
peppies007
When: 21 Aug 09 12:14
WHOOSHHHH........
By:
DonWarro
When: 21 Aug 09 12:47
look, there goes some tumbleweed..
By:
chisel
When: 21 Aug 09 13:28
Don

I am disappointed in your recent statements..What would your parents and grandparents say? It is typical of this generation to behave so appallingly. No wonder the banks are in such a state, when people take the "wont pay" attitude.
By:
DonWarro
When: 21 Aug 09 13:32
i realise u are disappointed chisel. the fact of the matter is, previous generations have swalloed the banking scam in full. i see no reason to be disappointed with people seeing it for what it is and beating them at their own game.

if you can argue any of the points in my last few posts with regard to the ethics of the situation, please do. otherwise feel free to ignore me and continue looking after your own greedy self interest. unwittingly you are part of this scam. in light of the argument ive made, how can you justify what you do for a living?
By:
DonWarro
When: 21 Aug 09 13:33
why on earth would someone pay something back that they never borrowed and dont owe..
By:
DonWarro
When: 21 Aug 09 13:35
and i expect most people, including your own parents and grandparents, would be outraged if they actually understood how they were being taken for a ride.
By:
DonWarro
When: 21 Aug 09 13:37
i guess extortion is ok huh , so long as you call yourself a bank.
By:
chisel
When: 21 Aug 09 13:40
Don

You** me of for running an honest business and giving people good advice. You then say that it is OK for people not to repay teh money they have borrowed. You are a hypocrite of teh highest order! We have no chance if everyone behaves in teh manner you condone..
By:
DonWarro
When: 21 Aug 09 13:45
the advice you give out being good is a matter of opinion.

if "banks" want to loan money - fine - but they should either have this money to loan out, or if they are creating it not have the power to create unlimited amounts and not charge their "customers" unreasonable amounts. imo it is unreasonable that someone should pay back the full amount of the loan + interest when the bank has not incurred any liability and stands to profit by the full amount of said loan + interest.

i also not you have chosen not to enter into further discussion on the ethics side of this issue.

in short what you will see if you look deeper into this and actually consider it is that the entire economy is really a sham like ive been saying for.... a v long time.

what you are actually involved in, is a crime syndicate, passing itself off as an honest industry, and actually controlling the entire world.
By:
DonWarro
When: 21 Aug 09 13:49
if people have actually borrowed money, then yes they should pay it back. i would never argue that, but that is not what is happening. there is no loaning/borrowing!

as it currently stands the vast majority of loans are actually unlawful. they are only considered lawful because there is no real money involved, only credits - which you call fiat currency.
By:
DonWarro
When: 21 Aug 09 13:50
it maybe legal tender but IT IS NOT lawful money. 2 diff things.
By:
DonWarro
When: 21 Aug 09 14:27
nice talking to you chisel.
By:
Xavier Money
When: 21 Aug 09 14:43
Chisel the reason the banks are in such a state is down to them gambling their money and dodgy salesman selling sub prime mortages to any tom dick or abdul.
By:
PierreLaRogue
When: 21 Aug 09 14:44
What happens if they dont have the agreement Don? I still owe £1000 and most of that is interest, I dont want to pay anymore I've already paid back what I borrowed. Cabot have had the debt(credit card CITI) since 2006 or so, never bothered pursuing it didn't think it was worth the hassle.
By:
DonWarro
When: 21 Aug 09 14:48
partly. the other reasons are that

they dish ridiculous amounts out to shareholders and high level employees;

the bigger banks at the top of the food chain have been and will continue to recall loans from those below them in the chain, and they are gradually withdrawing their financial support of the smaller institutions (in some cases not that small) which will go under or get bought out by the bigger boys.

this is why we see some banks doing better than others.

oh, and let's not forget
By:
DonWarro
When: 21 Aug 09 14:48
if they dont have the agreement pierre that's it - case closed.
By:
PierreLaRogue
When: 21 Aug 09 14:49
How long do they have to reply?
By:
DonWarro
When: 21 Aug 09 14:52
missed a sentence - should have read

let's not forget the banks own poor investment decisions , loaning to other banks who cant or wont repay them etc.

the banking crisis is a scam to centralise banking, and shift a sht load of "wealth" from the people to the owners of the very top banks (central banks!)
By:
DonWarro
When: 21 Aug 09 14:52
14 days. send by recorded delivery.
By:
PierreLaRogue
When: 21 Aug 09 14:54
What are the odds they will have the agreement?
By:
DonWarro
When: 21 Aug 09 15:00
very slim lol.

do not talk to them on the phone btw. insist they deal using written correspondence.

by sending the letter above all you are doing is asking for information btw, so there's nothing to lose in taking that first stage and seeing what they say - gives u something to work with and pick apart. you might not even hear back from them, in which case keep hold of the paper work and the ignore the "debt". if they then chase you for repayments simply send a copy of the letter with recorded delivery details etc and explain that they are in default have voided the agreement. they will likely give up.
By:
DonWarro
When: 21 Aug 09 15:08
are you saying btw that the debt has changed hands ie it is with someone else than you initially "took it out with"?
By:
PierreLaRogue
When: 21 Aug 09 15:12
Yes it was CITI credit card, now with cabot financial, what does most likely give up mean? I dont want a year of hassle, I want it off my back asap.
By:
DonWarro
When: 21 Aug 09 15:12
some places will try and fight you. if the debt has changed hands and they are saying they own it, write again and request the deed of assignment number, just to make sure it isnt a bluff. they are more underhanded than many would think.

in fact, to cover yourself if they do not reply and to get confirmation of acccount closure, send this after 14 days

Your name here
Your address here
Dtae here
Ref no here
Account in Dispute
Without prejudice
Dear Sir/Madam

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.
These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore
You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.



This limit has expired.

As you are no doubt aware section 77(4) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a
By:
DonWarro
When: 21 Aug 09 15:16
i believe you can send them an foi if you like and ask how much the new "owner" paid for the debt. it will likely be under 10% of the value. this is how confident they are that they can get the money lol.
By:
DonWarro
When: 21 Aug 09 15:18
btw - the fact that you might not be bothered to deal with a bit of correspondence is what they count on
By:
PierreLaRogue
When: 21 Aug 09 15:25
I did agree to a repayment plan back in 2007, if I stop payments they will probably add £400 of interest as the repayment plan is interest free.

Will that affect things? did I sign a credit agreement when I agreed the repayment plan? :S

I'll send the first letter anyhow, cant hurt, see what happens.
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