Petition our MP's re MCOL and CCA claims

[ODC]

Re: Petition our MP's re MCOL and CCA claims

And I thought Juanking wasa place in China

[eskimo1610]

Re: Petition our MP's re MCOL and CCA claims

Bryan Carter would have to seek allternative employment

Mkdp would be right behind them in the cue at the job center!

[ncf355]

Re: Petition our MP's re MCOL and CCA claims

How about this? -

________________________________

Dear (Sir/Madam),

I write to you as my MP in the hope that you might take a matter of concern to the Minister for Justice.

As you are no doubt aware, during recent times, debt problems have affected a great many people in this country causing major hardship and in some cases serious mental health issues.

It is my position that the way some purchased debts are being handled by debt purchasers is unacceptable, and their appears to be a clear pattern of such companies taking court action as the first option, rather than the last resort.

Whilst this is of course perfectly legal and a course of action open to them, through both my own experience over the past 6 years and the cases I have witnessed on consumer help forums many of these companies appear to be making use of a legal loophole that enables them to issue a claim via the moneyclaim online website without submitting documentary evidence of a legally enforceable debt.

If a debt purchaser was to issue via the normal claims system at a county court, they would be required to attach all documents they seek to rely upon to their particulars of claim, however, when issuing via MCOL the law does not require this.

It is clearly for this reason that many choose to issue via MCOL, knowing that court papers appearing through the door are likely to compel the ordinary man in the street to make payment, even where they have doubts about the legitimacy of the debt claimed.

Again in my own experience, and also that of others I have witnessed, in the majority of cases these claims are dropped once the Claimant debt purchaser is requested to supply evidence of the debt, as most of these debts relate to credit cards and loans, they are required to comply with the Consumer Credit Act 1974 in a very detailed manner (and in fact take detailed actions prior to issuing a claim), but often fail to do so.

We are also seeing a great many cases where clearly the debt purchaser has issued proceedings without first having sight of the documents related to the debt they have purchased from the original creditor, yet have made statements regarding the debt/agreement in a claim form and signed the same.

I therefore strongly believe it would be in the interests of the courts (to reduce the number of groundless or legally unenforecable claims having to be processed, therefore placing increased workload on an already stretched system) and that of the alleged debtor that all claims related to a debt due under a Consumer Credit Act 1974 regulated agreement are required to be issued via the main courts system and have the related documents attached to them.

I would welcome your support in this matter and await your kind response.

Yours faithfully,

X

[Crazy council]

Re: Petition our MP's re MCOL and CCA claims

I was going to go for us each writing to our MPs individually?

https://www.writetothem.com/ Thats a great resoures for campaining all MPs councilors and goverment depts. If you set up the requests from google docs ( ss ), you can manage and collate the response easily as well.

probebly worth looking through http://www.theyworkforyou.com/ and hansard, look for MPs that have raised the issuse,

[bluebottle]

Re: Petition our MP's re MCOL and CCA claims

How about this? -

________________________________

Dear (Sir/Madam),

I write to you as my MP in the hope that you might take a matter of concern to the Minister for Justice.

As you are no doubt aware, during recent times, debt problems have affected a great many people in this country causing major hardship and in some cases serious mental health issues.

It is my position that the way some purchased debts are being handled by debt purchasers is unacceptable, and their appears to be a clear pattern of such companies taking court action as the first option, rather than the last resort.

Whilst this is of course perfectly legal and a course of action open to them, through both my own experience over the past 6 years and the cases I have witnessed on consumer help forums many of these companies appear to be making use of a legal loophole that enables them to issue a claim via the moneyclaim online website without submitting documentary evidence of a legally enforceable debt.

If a debt purchaser was to issue via the normal claims system at a county court, they would be required to attach all documents they seek to rely upon to their particulars of claim, however, when issuing via MCOL the law does not require this.

It is clearly for this reason that many choose to issue via MCOL, knowing that court papers appearing through the door are likely to compel the ordinary man in the street to make payment, even where they have doubts about the legitimacy of the debt claimed.

Again in my own experience, and also that of others I have witnessed, in the majority of cases these claims are dropped once the Claimant debt purchaser is requested to supply evidence of the debt, as most of these debts relate to credit cards and loans, they are required to comply with the Consumer Credit Act 1974 in a very detailed manner (and in fact take detailed actions prior to issuing a claim), but often fail to do so.

We are also seeing a great many cases where clearly the debt purchaser has issued proceedings without first having sight of the documents related to the debt they have purchased from the original creditor, yet have made statements regarding the debt/agreement in a claim form and signed the same.

I therefore strongly believe it would be in the interests of the courts (to reduce the number of groundless or legally unenforecable claims having to be processed, therefore placing increased workload on an already stretched system) and that of the alleged debtor that all claims related to a debt due under a Consumer Credit Act 1974 regulated agreement are required to be issued via the main courts system and have the related documents attached to them.

I would welcome your support in this matter and await your kind response.

Yours faithfully,

X

This has legs. However, a major part of the problem is that court staff (including court legal teams) are given little, if any, training in properly scrutinising claims, often being told to put claims through for listing in any case. Court staff, themselves, admit that there needs to be far more scrutiny of cases coming through the Civil Justice system.

[ncf355]

Re: Petition our MP's re MCOL and CCA claims

I've sent the above to my MP, I encourage others to do the same

[bluebottle]

Re: Petition our MP's re MCOL and CCA claims

I've sent the above to my MP, I encourage others to do the same

It might be an idea to run this past the Campaigns Team at 38 degrees, which has around 1-2 million members in the UK. They seem to be able to mobilise people pretty quickly and have given Health Secretary Jeremy Hunt a battering in the courts. I've just checked the 38 degrees website and there is a campaigning facility to initiate campaigns of the sort you are suggesting. However, this should be additional to writing to MPs.

http://www.38degrees.org.uk/