Strategy for beating old Over Draft Debt

[Diana M]

Re: Strategy for beating old Over Draft Debt

id rather not have all the information collected and put in to a nice package ready to be sent to anyone who also needs it

Creditors and subsequent debt purchasers can reconstitute documents in certain circumstances so they don't need the original paperwork from the original lender as long as the information they use to base the recon on is "honest and accurate".

Di

[charitynjw]

Re: Strategy for beating old Over Draft Debt

i was dealing with another debt recently and apparently some debts are sold on the basis that the original owner will not provide documents, ie sold as seen without help. Some are sold on the basis that only a small percentage they will provide documents. Some are also sold on the basis they will only provide documents which are digital and easy to send over. Getting a SAR will not change any of the information so doesnt really help me at this point. I was more interested in the various legal hoops they have to jump through with regards to overdraft debts rather than loans or CC's. without a CCA it makes defending them harder but apparently not impossible. I was wondering if anyone knew what to look out for,

Lol.

I had written a long post last evening in response. Unfortunately my internet connection was interrupted.
Fortunately, [MENTION=87380]Diana M[/MENTION] :yo: has covered it (& more) far more succinctly & eruditely than I could.

[Diana M]

Re: Strategy for beating old Over Draft Debt

Fortunately, @Diana M :yo: has covered it (& more) far more succinctly & eruditely than I could.

Why thank you kind sir

Di

[pandamonia]

Re: Strategy for beating old Over Draft Debt

What is the significance of 60 days?

Di

that was how long the court gave a claimant to comply with an order in a different case.

[charitynjw]

Re: Strategy for beating old Over Draft Debt

What is the significance of 60 days?

Di

that was how long the court gave a claimant to comply with an order in a different case.

Whatever happened to

Vigilantibus non dormientibus aequitas subvenit.

?

[pandamonia]

Re: Strategy for beating old Over Draft Debt

Correct me if im wrong. I learn through experience trial and error. Whilst not legally trained i have successfully beaten 4 speeding tickets by using their own system against them. 5 Parking tickets and now im fighting these debt purchasers.

I was under the impression that these debt companies have to adhere to many regulations under the FCA guidelines. They also have to comply with various CPR rules.

So if a company tries to claim say £5000 from a person. Stating in their claim form that they own the debt and you defaulted etc etc. They will have to prove to the court that they followed the FCA rules and provided the proof to show that they own the debt and that your owe the debt.

They seem to claim without any proof or documentation from the start. So why cant you force them to provide all of the proof right at the start via a court order? Court orders come with a time limit dont they? Then if they fail to follow the court order then have it struck out? What is wrong with this strategy?

[Diana M]

Re: Strategy for beating old Over Draft Debt

I was under the impression that these debt companies have to adhere to many regulations under the FCA guidelines.

The FCA guidelines only relate to the 'conduct' of a business in the way that it trades/does business. They have no relevance to the legal procedure in county court claims.

The FCA guidelines are just guidelines punishable by a sanction or fine from the FCA if broken (not often enough in my view ).

Di

[pandamonia]

Re: Strategy for beating old Over Draft Debt

The FCA guidelines only relate to the 'conduct' of a business in the way that it trades/does business. They have no relevance to the legal procedure in county court claims.

The FCA guidelines are just guidelines punishable by a sanction or fine from the FCA if broken (not often enough in my view ).

Di

So what regulations force a lender then to provide 14 days between the default warning and and being defaulted? I take it its the consumer credit act?

So what rules in the Consumer Credit Act can you use to your advantage?

[Diana M]

Re: Strategy for beating old Over Draft Debt

So what regulations force a lender then to provide 14 days between the default warning and and being defaulted?

Section 88 (2) CCA 1974

[pandamonia]

Re: Strategy for beating old Over Draft Debt

What do you look out for when it comes to Notice & Deeds of assignment between debt owners?

[Diana M]

Re: Strategy for beating old Over Draft Debt

i have successfully beaten 4 speeding tickets by using their own system against them. . . . and now im fighting these debt purchasers.

Speeding tickets are dealt with by the Magistrates Court. Debt claims are dealt with by the County Court.

Different legal procedures involved.

Di

[charitynjw]

Re: Strategy for beating old Over Draft Debt

Possibly s140A?

[pandamonia]

Re: Strategy for beating old Over Draft Debt

Speeding tickets are dealt with by the Magistrates Court. Debt claims are dealt with by the County Court.

Different legal procedures involved.

Di

Yes i know, but when rules have to be followed then there is scope to beat them at their own game. Understanding those rules is how i learn to beat them. Sometimes a single rule is enough to repeatedly beat them. I found one loop hole with speeding tickets which has served me well for 10 years. What i want to do is find the loop holes in these civil cases and im guessing its learning the Consumer Credit Act.

[pandamonia]

Re: Strategy for beating old Over Draft Debt

Possibly s140A?

i have read this section and i have seen other cases where this has been used. it seems like a hard way to win a case in court.

I understand the need for accurate and honest documentation which is a great way to win a case if they make a mistake such as wrong company names, brand changes or people who never worked for the company at the time signing the documents etc.

Do you know anything about the legal requirements around deed and notice of assignments?

[Diana M]

Re: Strategy for beating old Over Draft Debt

What i want to do is find the loop holes in these civil cases and im guessing its learning the Consumer Credit Act.

Or asking someone who already knows the CCA back to front and more importantly knows how to apply it in legal proceedings.

Google can help too, albeit in a limited way

The bottom line is there is no single "loophole" to defeat claims. There are several statutory measures applying to different situations in different ways at different stages of the proceedings.

If there were a loophole it would likely be closed off by an amendment to the CCA.

I believe the FCA is looking into making things less consumer friendly in the near future too.

Di