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Changes to Debt Pre Action Protocols - Your views

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  • #16
    Re: Changes to Debt Pre Action Protocols - Your views

    lol, it's not THAT bad xx

    This protocol doesn't change the requirements of the Consumer Credit Act at all. So agreements will still need to be produced and be compliant with s.77/s.78

    Remember this is the pre-action protocol, so it should stop those ultra vague goods and/or services and/or finance type claims which don't even tell you who the original creditor is.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    • #17
      Re: Changes to Debt Pre Action Protocols - Your views

      All I can write is if consumers or non legal professionals are subject to court proceedings of this nature & the said are respectful.............. I can only think this will help with the very limited understanding most have of the system..............it should help prevent missing critical issues/documentation & perhaps from a layman's point help balance the issues of debate with seasoned experts rather than be just an annoyance for a Judge.

      The objectives do not mention a serious lack of legal aid or access to duty solicitors...................but it seems to me this is some kind of way towards making the current potential pain ease a little.

      Comment


      • #18
        Re: Changes to Debt Pre Action Protocols - Your views


        lol, it's not THAT bad xx
        Haha.:bounce: Fair enough but you speak the lingo! It was like trying to read Nabokov in the original Russian. (Actually it was like reading Nabokov in English!!!:wacko:

        Yep, I’ll click the ‘for it’ button. I can see all those dipsh**S running down the road to Northampton with their claims to get them in under the wire.:bolt:

        An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
        ~ Anonymous

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        • #19
          Re: Changes to Debt Pre Action Protocols - Your views

          Well, the creditors are arguing against it, saying it will put their costs up, and 'most claims go undefended' etc etc, so we need to respond to counter this supposition - I expect CAB and others working with debtors will be arguing FOR it, as I suspect will the Courts service as they seem quite fed up of it too, but we should get a voice heard as we deal with a lot of claims and its very rare nowadays the documents are produced pre defence, and hardly ever before the claim is submitted.

          Creditors said it would be too expensive to supply details of the contract and statements of account, and complained that the 28-day period for defendants to seek advice was not sufficient.

          In letters to the committee, they also objected to the requirement in the debt protocol to consider alternative dispute resolution.
          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

          Comment


          • #20
            Re: Changes to Debt Pre Action Protocols - Your views

            Originally posted by Amethyst View Post
            Well, the creditors are arguing against it, saying it will put their costs up, and 'most claims go undefended' etc etc, so we need to respond to counter this supposition - I expect CAB and others working with debtors will be arguing FOR it, as I suspect will the Courts service as they seem quite fed up of it too, but we should get a voice heard as we deal with a lot of claims and its very rare nowadays the documents are produced pre defence, and hardly ever before the claim is submitted.

            It really is a great argument. Why should we submit claims which are compliant with the rules of the court when most are undefended and judges just rubber stamp them no matter what.

            Speaks volumes that anyone could argue that.

            M1
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            I can only help with what you tell me. Post up information (other than names and addresses!).

            I NEVER enter any appeals or court documentation on your behalf. This is your responsibility.

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            • #21
              Re: Changes to Debt Pre Action Protocols - Your views

              An alleged debt should be substantiated with evidence BEFORE any court action.
              producing agreements and info as to payments and default and any action taken before to recover the debt should be available.

              Would the CPS try someone without some strong proof in the way of evidence than can be produced and contested, So what if it costs the likes of lowlifes and carter more money DCAs pay a pittance for a debt.

              Comment


              • #22
                Re: Changes to Debt Pre Action Protocols - Your views

                Originally posted by Amethyst View Post
                Well, the creditors are arguing against it, saying it will put their costs up, and 'most claims go undefended' etc etc, so we need to respond to counter this supposition - I expect CAB and others working with debtors will be arguing FOR it, as I suspect will the Courts service as they seem quite fed up of it too, but we should get a voice heard as we deal with a lot of claims and its very rare nowadays the documents are produced pre defence, and hardly ever before the claim is submitted.
                For me its the consumer "bite the bullet" Vs the unassailable providers that causes so little in terms of serious challenge to the preconceived results......they know the consumer will not challenge & the consumer is so often told to take what could prove to be expensive advise............................let them put costs up & place themselves out of business ?.............the system does need serious reviews & subsequent change for the better of all.......................I therefore welcome any news on this given most of the law is good & fair yet hides behind the threat of intimidation of sorts........

                Comment


                • #23
                  Re: Changes to Debt Pre Action Protocols - Your views

                  Another case won (well, discontinued cause of no paperwork, and didn't even bother to tell the defendant they'd discontinued before attending the court for the hearing today) http://www.legalbeagles.info/forums/...read.php?53408
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #24
                    Re: Changes to Debt Pre Action Protocols - Your views

                    Well, the creditors are arguing against it, saying it will put their costs up
                    Well that’s good enough for me! Come on everyone; get clicking. :thumb:

                    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
                    ~ Anonymous

                    Comment


                    • #25
                      Re: Changes to Debt Pre Action Protocols - Your views

                      Will try to make sense of it in the cold light of day.
                      Once again LB have helped us!
                      sigpic

                      Never give up, Never surrender.


                      Comment


                      • #26
                        Re: Changes to Debt Pre Action Protocols - Your views

                        Just bumping to catch the weekend crowd!:nod:

                        An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
                        ~ Anonymous

                        Comment


                        • #27
                          Re: Changes to Debt Pre Action Protocols - Your views

                          So far 67 defendants have voted in the ' did you receive documents before filing your defence' poll and only 7 ( 10% ) did.

                          The smaller poll on this thread 15 votes, 100% in favour of the new debt protocols.

                          I need to go through all the threads in this forum and see how many cases resulted in strike out, a win in court, discontinuance/withdrawal, settlement out of court, and a CCJ and at what stage documents were received.
                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment


                          • #28
                            Re: Changes to Debt Pre Action Protocols - Your views

                            The Poll closed itself with the server upgrade but think we have a pretty clear picture. Thanks to everyone who voted

                            Attached Files
                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment


                            • #29
                              Re: Changes to Debt Pre Action Protocols - Your views

                              I always assumed that if a court claim was issued then they had supporting documentation otherwise are you not just taking the mick out of the court system? The things I have learned.

                              Its a bit like turning up at the airport with suitcases and flip flops in tow ready to fly off on holiday knowing that you don't have a passport but hoping that you can get passed the checkout staff and blag it.......

                              Comment


                              • #30
                                Re: Changes to Debt Pre Action Protocols - Your views

                                Debt buyers very seldom have the documents to prove the debt. The usually have to go back to the original creditor & ask for them AND that's what's exercising their brains. They won't be able to issue until they have complied ALSO if they can't produce the original agreements or a true reconstruction you (the debtor) could claim it's unenforceable, how could they argue differently if the don't have it

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