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Setmefree ( for merging )

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  • Setmefree ( for merging )

    How does the new DPA affect CCJ’S made in absence, for example if new rules means that debtors etc now have a legal right to know what information a collection agency/Solicitor has on the subject. Would it now make it unlawful for them to make a claim if they knowingly don’t have that information?
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  • #2
    Originally posted by Setmefree3 View Post
    How does the new DPA affect CCJ’S made in absence, for example if new rules means that debtors etc now have a legal right to know what information a collection agency/Solicitor has on the subject. Would it now make it unlawful for them to make a claim if they knowingly don’t have that information?
    It's nothing to do with DPA old or new, Civil Procedure Rules mean that they should have all the documentation relating to a claim before filing it and that to file without it is an abuse of process.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Originally posted by jaguarsuk View Post

      It's nothing to do with DPA old or new, Civil Procedure Rules mean that they should have all the documentation relating to a claim before filing it and that to file without it is an abuse of process.
      Thank you for clearing that up. Cohen Cramer in my case have stated that I can have a copy of THE agreement should I require it, that to me means it will be signed and dated as it is a copy of THE original agreement and not an agreement relating to that year.
      Last edited by Setmefree3; 19th June 2018, 15:42:PM.

      Comment


      • #4
        Originally posted by Setmefree3 View Post
        Thank you for clearing that up. Cohen Cramer in my case have stated that I can have a copy of THE agreement should I require it, that to me means it will be signed and dated as it is a copy of THE agreement and not a repro.
        Not necessarily accepting an agreement electronically by tick box, entering your name or submitting a form is accepted by the court as entering into an agreement or they can reconstitute if for good reason they are unable to find the original.

        Kati could you separate posts #3 to this one (and any responses from Setmefree3) from this into it's own thread as this is detracting from the Original Posters issue and helping them.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Originally posted by jaguarsuk View Post

          Not necessarily accepting an agreement electronically by tick box, entering your name or submitting a form is accepted by the court as entering into an agreement or they can reconstitute if for good reason they are unable to find the original.

          Kati could you separate posts #3 to this one (and any responses from Setmefree3) from this into it's own thread as this is detracting from the Original Posters issue and helping them.
          2006 agreement? and a signed application dated later than alleged agreement.

          Comment


          • #6
            The other thread is also adding to someone else's, so link removed.

            Poster needs to start own new thread
            Last edited by jaguarsuk; 20th June 2018, 08:49:AM. Reason: New information found
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Originally posted by jaguarsuk View Post
              In fact Kati please could you move the posts to here: http://legalbeagles.info/forums/foru...l-action/page7

              As this appears to be the same circumstances as has already been discussed there.
              thank you. On the basis that the original documentation states please sign and return, it would not come under electronic signature. Please correct me if I’m wrong.

              Comment


              • #8
                Originally posted by Setmefree3 View Post

                thank you. On the basis that the original documentation states please sign and return, it would not come under electronic signature. Please correct me if I’m wrong.
                Could someone tell me as to when exactly electronic signatures came into force.

                Comment


                • #9
                  Legal beagles I would like you to delete my account on the basis that I have supplied you with sufficient information, but have been given no support other than you might be wrong. If I win my case, which is likely based on advice that I have been given, then you have lost valuable support.

                  Comment


                  • #10
                    Originally posted by Setmefree3 View Post
                    Legal beagles I would like you to delete my account on the basis that I have supplied you with sufficient information, but have been given no support other than you might be wrong. If I win my case, which is likely based on advice that I have been given, then you have lost valuable support.
                    Without wanting to be rude, THIS is not your thread and you hijacking it means the original poster’s problem will become jumbled with yours.

                    Until your posts are moved to YOUR original thread or a new one I don’t intend to answer your questions.

                    The OP of THIS thread is going to have questions about their problem and regardless of what you feel they are entitled to have them answered.

                    If your account is deleted, could admins please delete the posters contributions to this thread too?
                    Kati
                    EXC Amethyst
                    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                    Comment


                    • #11
                      Originally posted by jaguarsuk View Post

                      Without wanting to be rude, THIS is not your thread and you hijacking it means the original poster’s problem will become jumbled with yours.

                      Until your posts are moved to YOUR original thread or a new one I don’t intend to answer your questions.

                      The OP of THIS thread is going to have questions about their problem and regardless of what you feel they are entitled to have them answered.

                      If your account is deleted, could admins please delete the posters contributions to this thread too?
                      Kati
                      EXC Amethyst
                      Without sounding to be rude, it was my impression that this forum was meant to support unfortunate people who are struggling. I have asked a question and not received a reply. Obviously if I paid VIP membership I would be given a different reply. Yes you quite correctly pointed out that I have hijacked another thread, but on the basis that the information that I gave on another thread wasn’t replied to, what do you expect me to do. If you think I’m being awkward then I apologise, I will fight my own corner.

                      Comment


                      • #12
                        Originally posted by Setmefree3 View Post
                        Without sounding to be rude, it was my impression that this forum was meant to support unfortunate people who are struggling. I have asked a question and not received a reply. Obviously if I paid VIP membership I would be given a different reply. Yes you quite correctly pointed out that I have hijacked another thread, but on the basis that the information that I gave on another thread wasn’t replied to, what do you expect me to do. If you think I’m being awkward then I apologise, I will fight my own corner.
                        Until you hijacked this thread I didn't know the other existed. Had you kept to that thread and tagged me in I would have replied if I could help.

                        As it stands you are being very rude as you seem to think you are more important than that of the original poster of this thread, so you can just take over their thread and then they do not get the help they need.

                        It is nothing to do with VIP membership as in post #2 of this thread the OP has been given a comprehensive answer to their issue whilst having the same member status as you.

                        It is about courtesy, I would have thought after post #6 and #8 it would have been obvious that you should post in your own thread yet you persist here.

                        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                        Comment


                        • #13
                          Originally posted by jaguarsuk View Post

                          Until you hijacked this thread I didn't know the other existed. Had you kept to that thread and tagged me in I would have replied if I could help.

                          As it stands you are being very rude as you seem to think you are more important than that of the original poster of this thread, so you can just take over their thread and then they do not get the help they need.

                          It is nothing to do with VIP membership as in post #2 of this thread the OP has been given a comprehensive answer to their issue whilst having the same member status as you.

                          It is about courtesy, I would have thought after post #6 and #8 it would have been obvious that you should post in your own thread yet you persist here.
                          jaguarsuk, I’m very sorry for being rude and taking over this thread. I have Parkinsonism and cervical dystonia so I’m on permanent morphine and other tablets. My partner has dyslexia and dyspraxia so I guess we have a different thought process. Once again I apologise.

                          Comment


                          • #14
                            Okay, I'm lost, but can't find a thread by Setmethree3 - I've moved these posts off Dubbers thread in any case.

                            electronic signatures came in in 2004 with the CCA 1974 Electronic Communications Order.

                            After Judgment the requirement to comply with the CCA 1974 section 77-79 request falls away - the CCJ would need to be set aside first.

                            Do you want to start over Setmefree3 and give us an idea of what your situation is with this CCJ you are trying to sort out ?
                            #staysafestayhome

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                            • #15
                              Originally posted by Setmefree3 View Post
                              jaguarsuk, I’m very sorry for being rude and taking over this thread. I have Parkinsonism and cervical dystonia so I’m on permanent morphine and other tablets. My partner has dyslexia and dyspraxia so I guess we have a different thought process. Once again I apologise.
                              Thank you for the apology and it's clear you are in a difficult situation regardless of you or your partners needs given you have jumped on to two threads to try to get advice.

                              The best course of action is for you to start a new thread and fully explain your situation. You are asking some specific questions based on the course of action you think is best, but when we know the whole story there might be a better course, it might be possible to combine several legal arguments than just one or it might confirm you are doing the right things to give you a bit of reassurance.

                              Tell us what happened from start to now, what you have done and what the other side have done. If they have filed a claim where you are up to with that?

                              Once you do all that in a new thread you'll get the help you need most likely from multiple members.

                              Lets just start with a clean thread and slate.

                              Originally posted by Amethyst View Post
                              Okay, I'm lost, but can't find a thread by Setmethree3 - I've moved these posts off Dubbers thread in any case.

                              electronic signatures came in in 2004 with the CCA 1974 Electronic Communications Order.

                              After Judgment the requirement to comply with the CCA 1974 section 77-79 request falls away - the CCJ would need to be set aside first.

                              Do you want to start over Setmefree3 and give us an idea of what your situation is with this CCJ you are trying to sort out ?
                              I had briefly looked at Setmefree's posts and thought that was their own thread, realise now they had added to somebody else's.
                              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                              Comment

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