Fraudulent misrepresentation and Prenuptial agreement

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

because in respect of an agreement regulated by the Counsumer Credit Act 1974 the time runs from the date of default by the debtor.


not correct, and it isn't what you have argued further up.


Not sure if you've sent this yet, if not are you okay if I have a teeny fiddle with it?

Ofcourse you can.
I have sent it because I was worried about the time issue, sadly I had no need to I think as I now have the letter telling me that it has changed courts. I was told that witness statements don't travel well though so I wonder if a tweaked version can be admitted seeing at the moment there isn't a court date set?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

The reason it got put in I think was I had found a copy of that agreement (Not the original) that was with my letters that the bank had sent. when the CAB wrote it out they put that in it after she had read the terms and conditions

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Okay well you have actually made an application to set aside the judgement and put a hold on the final charging order until that is decided. Did you complete the EX160 forms for fee remission or make payment for the application ?

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

James here is the law on limitation periods on collection debts for contract. The Limitation Act 1980 states thata cause of action (legal proceedings) cannot be brought after 6 years forcontract debt. This is the law of the land as Parliament intended. FCA,which regulates the debt collection agencies/ companies, guidance however statesthat although a debt is statute barred that if there is 'regular contact with the customer' that the company may still try to recover the debt: CONC 7.15.5; but if there is no contact during the limitation periodthe debt cannot be pursued: CONC 7.15.4https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

James, what are your facts?

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

The FCA regs are relevant however Section 5 of the Limitation Act 1980 is the bit that wants to be quoted in the statement.

Cause of Action = the point where the creditor can legitimately take action to recover the debt because the contract has been breached/terminated etc.

Action = legal proceedings ( or other action like stat demand etc )

Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

The FCA regs are relevant however Section 5 of the Limitation Act 1980 is the bit that wants to be quoted in the statement.

Cause of Action = the point where the creditor can legitimately take action to recover the debt because the contract has been breached/terminated etc.

Action = legal proceedings ( or other action like stat demand etc )

The court's duty is to interpret statute as there is an informal separation of powers' doctrine in the UK Constitution, so any Regulations (secondary instruments) have no bearing, as A V Dicey (the Victorian professor of law) said, courts are to give effect to the construction of Parliament Acts only (ie interpretation), which have passed through the House of Lords and House of Commons where each House reads the Bill (would be Acts) 3 times to give each enough time to debate the key sections of the Act, and then once this is done, the Queen must give Royal Assent by the Queen's Seal, as the Queen is head of Parliament, which makes it legal and binding on courts. A Regulation/ statutory instrument (by the Executive) merely gets a quick vote by some MPs if they bother turning up so do not represent the interests of the polity/ electorate.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Yes thanks. But still, the Limitation Act 1980 section 5 wants quoting in the statement.

[Openlaw15]

Re: Fraudulent misrepresentation and Prenuptial agreement

Yes thanks. But still, the Limitation Act 1980 section 5 wants quoting in the statement.

Yes of course, I was merely providing the hierarchal rules for informational purposes only. I have saw other Beagles saying that the '6 year period starts clock again, and also on other consumer website. This is at best a misunderstanding of the law of the statute of limitation Act or its practice and at worse, incompetence advice which could makes the debtor's situation worse with the creditors. Amethyst can you tell me the source of this 'clock runs again' business? Thank you.

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

This is the letter the bank sent to me.

To contact us about this letter either

visit any branch or write to us at: *****Branch **************** *******

************* ************* ******** *********

****************************
or call us on: 0845 3 000 000
or fax us on: 0121 742 3668





*******************





Our reference: FREEFRM/IW

Letter Date:

5 March 2009
Dear ****************
Thank you for your recent letter, I am sorry to hear about your circumstances.
You have raised various points in your letter and it may be more suitable if we could discuss these with you in person. In order to do that, I would recommend we make an appointment to discuss your issues, please contact us to arrange this.
I can confirm that as requested all direct payments from your account have been cancelled. In addition our Card Services Department have been contacted, and we have requested that a copy of your original agreement be forwarded to your home address, this should arrive in the next 5 to 7 days.
We hope to hear from you shortly.
Yours sincerely
I -






*********** Branch Manager



Lloyds TSB Bank pic, Registered Office: 25 Gresham Street, London EC2V 7HN. Registered in England no. 2065. Telephone 020 7626 1500.
Lloyds TSB Bank pic represents only the Scottish Widows and Lloyds TSB Marketing Group for life assurance, pensions and investment business. Authorised and regulated by the Financial Services Authority and signatory to the Banking Codes.

I am doing the other letters now

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

Was that letter sent to your new address ( well I say new, but the one you rented as opposed to the one where your wife lived?)

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Yes of course, I was merely providing the hierarchal rules for informational purposes only. I have saw other Beagles saying that the '6 year period starts clock again, and also on other consumer website. This is at best a misunderstanding of the law of the statute of limitation Act or its practice and at worse, incompetence advice which could makes the debtor's situation worse with the creditors. Amethyst can you tell me the source of this 'clock runs again' business? Thank you.

***************,
***************,
******.
9^th March 2009.
Lloyds Bank.
********.
*************.
Dear Sir or Madam
Ref: Account number: **************
I have enclosed a formal request for information and would also remind you that it is imperative I have access to my account. I am requesting full restoration of my debit card and the use of my account immediately to allow me to pay my priority debts. I have taxes, rent arrears, utilities and electric all at a critical state. I cannot stress the need to conclude this as soon as possible. I have made this complaint already and I expect that you will have taken no more charges or paid any more towards my credit card until this is resolved. At the moment as I have already informed you this is my only source of income and I have to address my priority debts.
I look forward to your response
Yours faithfully
********************.

Letter to the bank. one of the last

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Yes of course, I was merely providing the hierarchal rules for informational purposes only. I have saw other Beagles saying that the '6 year period starts clock again, and also on other consumer website. This is at best a misunderstanding of the law of the statute of limitation Act or its practice and at worse, incompetence advice which could makes the debtor's situation worse with the creditors. Amethyst can you tell me the source of this 'clock runs again' business? Thank you.

*************,
************** ***********
March 9, 2009
Lloyds Bank.
Manchester
Dear Sir or Madam,
Ref: Account number: ****************
Please send me all information that your company holds relating to my entire account history with your organisation.
Please include details of all transactions, and a copy of the original contract by which this account is/was governed including all amendments made to the contract terms since opening the account.
I would also like a schedule of all charges & interest applied to my accounts) including details of any instances that required manual intervention.
Please include a copy of the original contract by which this account is/was governed including all amendments made to the contract terms since opening the account.
I understand that under the terms of the Data Protection Act 1998, you are obliged to keep data on file for 6 years so I expect to receive at least 6 years data. However, if you hold data beyond 6 years, under the above act, you must supply it on demand. If you no longer hold data beyond 6 years, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.
All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.
If you cannot provide this information, I will accept copies of my statements dating back six years as an alternative, along with a copy of my original contract, but since I am not requesting this I still expect to be charged only the maximum £10 under the Data Protection Act.
I look forward to your response.
Yours faithfully,
********************

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

[QUOTE=Amethyst;611231]I would also mention that when you spoke with Lloyds in 2009 you made them aware of your change of address. Therefore there is no reason why court papers should not have been served at your current address.

I made them aware and also tell them in my letters about my rent. But they always sent everything to the same address. I never bother from then on. The point openlaw makes about contact. I still have a little account there from the same some that has nothing to do with this. I have a very small pension paid into it for about 70 pounds a month now. Because it was so small and nothing to do with this I never bothered moving it when I moved my other things to the new bank.

[Amethyst]

Re: Fraudulent misrepresentation and Prenuptial agreement

That you told them your change of address is important for your set aside application.


I need to know if you have made the payment or submitted fee remission forms when you submitted your application ?

[James Last]

Re: Fraudulent misrepresentation and Prenuptial agreement

Was that letter sent to your new address ( well I say new, but the one you rented as opposed to the one where your wife lived?)

All the letters were sent to the old address, nothing has ever been sent here.

- - - Updated - - -

No, all I was told to do was send in the form and the witness statement. I have no letter to prove I gave them a change of address