Message For Teaboy

[Guest]

Re: Message For Teaboy

Yes i keep being mistaken for someone else, i remember peterbard though from CAG, very clever fella.

Sorry which piece off misused case law do you wish to discuss?

D

[teaboy2]

Re: Message For Teaboy

Could you explain this for me, i am unsure what is meant.

D

Its not rocket science. Its pretty clear that i was pointing out that the loan duration was just a term in the contract itself but not the actual duration of the agreement, as the agreement remains in place until the debt is repaid in full or has been terminated by means of section 87(1) or section 98. If as you say an agreement terminates at the end of the loan duration then the creditor would not be able to enact the terms under the same agreement in order to enforce the debt as a result of the debtor defaulting on the repayment of the loan. Because if the agreement was terminated at the end of the loan period, then so would be the term(s) under the agreement that allows the creditor to enforce the debt - It would also make any DN issued invalid as you can not issue a DN on an agreement that has already been terminated, if you can not issue a VALID DN then the creditor is not entitled to enforce the debt in court.

Like i said before, if what you are saying was true, then why on earth are creditors not waiting for the loan period to expire on loan agreements where the debtor has defaulted? Why is it they still issue default notices when a debtor has only missed the last payment or last few payments? Why is it default notices are still being issued by creditors despite the fact the loan duration has already past? I'll tell you why, its because a loan can not terminate of be terminated when the debtor is in default, unless the creditor enacts section 87 (1) and the debtor fails to comply, which then and only then, entitles the creditor to terminate!

[teaboy2]

Re: Message For Teaboy

Yes i keep being mistaken for someone else, i remember peterbard though from CAG, very clever fella.

Sorry which piece off misused case law do you wish to discuss?

D

How about all of them, you say they are miss used, and not appropriate. So back up your statement with some facts, because i and hundreds of thousands if not millions of people that have used said stated case law and have stated it when giving advice, would sure love to know why you think it should not be used anymore. Especially when it supports the need for a valid DN and/or Termination notice.

[Guest]

Re: Message For Teaboy

I see, so the prescribed terms on the agreement,you know repayment details total credit, etc, are they variable also.

I think i begin to see where you are coming from, the terms of the agreement have nothing to do with the agreement.

Interesting

D

[Guest]

Re: Message For Teaboy

How about all of them, you say they are miss used, and not appropriate. So back up your statement with some facts, because i and hundreds of thousands if not millions of people that have used said stated case law and have stated it when giving advice, would sure love to know why you think it should not be used anymore. Especially when it supports the need for a valid DN and/or Termination notice.

You are going to have to narrow it down for me, i counted four that ere inappropriate in the context you put them in.

D

[Guest]

Re: Message For Teaboy

Sorry wrong thread

[teaboy2]

Re: Message For Teaboy

Well congratulations DavyB or PeterBard (if you are one and the same as i suspect) you know how to avoid arguements and how to avoid backing up your own statements by nitpicking and attempting to twist peoples words. Now given you yourself counted 4 and as their are only 4 case laws mentioned, then am pretty certain that it would be all 4 case laws that you need to back up your statement on them being inappropriate, by explaining why you think they are inappropriate for each one.

Your the one that said case law above was inapproriate you did not state which ones or how many! i has asked you to tell us why they are, you in return ask me which case law i am referring to. Well i referred to the case law that you seem to think is inappropriate, i can not read your mind and see exactly which ones you are referring to as inapproriate our know if you were referring to them all or just 1 or 2. Your clearly attempting to avoid complying with my request. Just like you like to avoid parts of what is stated by others, when you don't have an answer to argue back against it.

So come on, you say they are miss used, and not appropriate. So back up your statement with some facts instead of nitpicking and/or twisting peoples words to avoid answering, because i and hundreds of thousands if not millions of people that have used said stated case law and have stated it when giving advice, would sure love to know why you think it should not be used anymore.

I see, so the prescribed terms on the agreement,you know repayment details total credit, etc, are they variable also.

I think i begin to see where you are coming from, the terms of the agreement have nothing to do with the agreement.

Interesting

D

Did i say anything about them being variable, no i didn't. When you ask a creditor if you can make lower repayments, do you sign a new agreement - Nope. They simply extend the repayment schedule. When you wish to make early repayment do you sign a new agreement? Nope, because your entitled to make early repayment under the terms of the contract, such terms may even include extending the loan period. Oh and yes repayment details can be changed, as you may need to update your bank details or card details. Total credit can not be changed without their being a new agreement unless their is credit limit which can be changed such as for credit cards, during the duration of the agreement.

[Guest]

Re: Message For Teaboy

Well congratulations DavyB or PeterBard (if you are one and the same as i suspect) you know how to avoid arguements and how to avoid backing up your own statements by nitpicking and attempting to twist peoples words. Now given you yourself counted 4 and as their are only 4 case laws mentioned, then am pretty certain that it would be all 4 case laws that you need to back up your statement on them being inappropriate, by explaining why you think they are inappropriate for each one.

Your the one that said case law above was inapproriate you did not state which ones or how many! i has asked you to tell us why they are, you in return ask me which case law i am referring to. Well i referred to the case law that you seem to think is inappropriate, i can not read your mind and see exactly which ones you are referring to as inapproriate our know if you were referring to them all or just 1 or 2. Your clearly attempting to avoid complying with my request. Just like you like to avoid parts of what is stated by others, when you don't have an answer to argue back against it.

So come on, you say they are miss used, and not appropriate. So back up your statement with some facts instead of nitpicking and/or twisting peoples words to avoid answering, because i and hundreds of thousands if not millions of people that have used said stated case law and have stated it when giving advice, would sure love to know why you think it should not be used anymore.



Did i say anything about them being variable, no i didn't. When you ask a creditor if you can make lower repayments, do you sign a new agreement - Nope. They simply extend the repayment schedule. When you wish to make early repayment do you sign a new agreement? Nope, because your entitled to make early repayment under the terms of the contract, such terms may even include extending the loan period. Oh and yes repayment details can be changed, as you may need to update your bank details or card details. Total credit can not be changed without their being a new agreement unless their is credit limit which can be changed such as for credit cards, during the duration of the agreement.

When you ask a creditor if you can make lower payments on a fixed sum loan, you go into default, i am afraid, the creditor may chose not to enforce but you are in default of your original agreement.

Very very basic stuff this TB

D

[Guest]

Re: Message For Teaboy

Well this s millis thread so I will explain your errors to him if he wishes

D

[teaboy2]

Re: Message For Teaboy

Well this s millis thread so I will explain your errors to him if he wishes

D

In other words, your not willing to back up what you stated when i challenged you. I guess thats one way of proving to others that people should not take your word for it. I personally think you stated the above purely because your not able to back up what you stated. As i see no other real reason as to why you should be so reluctant to do so.

[Guest]

Re: Message For Teaboy

In other words, your not willing to back up what you stated when i challenged you. I guess thats one way of proving to others that people should not take your word for it. I personally think you stated the above purely because your not able to back up what you stated. As i see no other real reason as to why you should be so reluctant to do so.

No TB it means that i think you are immune to logic and a lost cause, you will never learn because you do not know how to admit you are wrong.

D

[teaboy2]

Re: Message For Teaboy

Coming from a man that refuses to back up his statements, believes a LBA can be used as DN and is from the same man that famously stated on this forum, at Celestine, that he is never wrong. Makes your statement above laughable at best.

You simply won't back up your statement because your not able too or don't know what to back it up with and are now trying to wriggle out of it by trying to turn the tables on me. Sorry but thats pathetic.

Oh and for the record, when am wrong i hold my hands up and admit i was as others may tell you - But you sir have not provided anything other than your own words based on your own interpretation to back your arguments and therefore have not provided anything concrete that would prove am incorrect.

And by the way when you contact a creditor to discuss making lower repayments they will at their discretion extend the duration of the loan, to say "When you ask a creditor if you can make lower payments on a fixed sum loan, you go into default." is misleading and complete nonsense, because your assuming the debtor will or has defaulted, when they may well still meet the repayments even if the creditor refuses to extend the loan and accept lower repayments. you simply can not default on a loan just by asking your creditor if you can make lower repayments.

[Guest]

Re: Message For Teaboy

OK Teaboy , let us just say we inhabit different universes.

D

[Guest]

Re: Message For Teaboy

.

And by the way when you contact a creditor to discuss making lower repayments they will at their discretion extend the duration of the loan, to say "When you ask a creditor if you can make lower payments on a fixed sum loan, you go into default." is misleading and complete nonsense, because your assuming the debtor will or has defaulted, when they may well still meet the repayments even if the creditor refuses to extend the loan and accept lower repayments. you simply can not default on a loan just by asking your creditor if you can make lower repayments.

No teaboy the point is that if you agree a reduced payment, even though the creditor excepts it, your account will still go into default, anyone who has ever set up a DMP will know this.

I said i wasn't going to do this, oh well.

Your view seems to be that an agrement continues until the creditor issues a default notice, no matter what the term.

OK so you have a payday loan for a month and you don't pay.
So according to you the agreement will continue until a DN is served, so presumably the creditor will be entitled to charge contractual interest until he sees fit to send the default notice.
I am very pleased to say that this is most assuredly not the case.

D

[Hurricane Puffrose]

Re: Message For Teaboy

Guys..

can I add my 2p in here? I'm in a DMP atm, and we were told by the DMP provider, the lender by agreeing to the lower payment in writing cannot issue default notices willynilly due to the reduced payments, only if you stop paying altogether, and then they have to attempt to restart the payments first.

I freely admit, I am not as intelligent as you both, you say things and my brain goes "Ok, lets put Barney on and sing the I love you song", and I have no problem admitting I respect you both highly, and wish I had the brain to understand half of what you say, so PLEASE!!!!! stop arguing!