Defaults I believe are wrong dates all from the DCA

[labman]

Re: Defaults I believe are wrong dates all from the DCA

Correct. And no DCA/creditor has used that successfully (or at all?) and won in the nearly year since this supposed 'boon' to the finance/DCA industry happened. Speaks volumes on it's own, despite what Peter may think.

Just to clarify - I'm NOT Peter.

(Sorry - just seen the comments made by Andy58, I haven't even read them yet. Apologies to pt if necessary as well, I assumed comments were targeted at me, I've only just come onto the forum today).:beagle:

[Guest]

Re: Defaults I believe are wrong dates all from the DCA

Correct. And no DCA/creditor has used that successfully (or at all?) and won in the nearly year since this supposed 'boon' to the finance/DCA industry happened. Speaks volumes on it's own, despite what Peter may think.

It is what the courts think that matters sadly and as usual they agree with me. However I dare say some will have to part with their hard earned, trying to argue black is white as has happened before, then it will become accepted on these forums.

And DCA's creditors use this argument all the time, you need to get out more.

[Nibbler]

Re: Defaults I believe are wrong dates all from the DCA

It is what the courts think that matters sadly and as usual they agree with me.

Please show me the examples where that judgement has been cited in court since, and the case won for the creditor/DCA on that back of it? If you are so sure, then there obviously must be some?

And DCA's creditors use this argument all the time

DCAs and creditors come out with spurious arguments all the time as well.

trying to argue black is white as has happened before

Pot and kettle Peter. Thought that was your forte.

[labman]

Re: Defaults I believe are wrong dates all from the DCA

The thing is, most of us, unless we happen to be in County Courts a lot, or mixing with people who are, don't get to hear specific judgments. It's much harder to get commentary on CC cases than a Mag Court case. We thus rely on commentary we read (or I do), and try to stay as informed as possible.

I don't know Nibbler if you can evidence the statement no DCA / Creditor has used it successfully, or possibly at all in the past yearish? I certainly couldn't state it definitively like that, and I try actively to keep abreast of this particular issue. If you can evidence it, it would be great to see the evidence, or at least to know how you can. :beagle:

[Nibbler]

Re: Defaults I believe are wrong dates all from the DCA

That is the point. To my knowledge it hasn't been tested in application to anything but that very specific case. If it has and I missed it, then I would like to hear about it.

I have an open mind on it until there is some proper evidence. The problem is that others close their mind based on their reading of it, and damn the world if anyone dares disagree.

[Nibbler]

Re: Defaults I believe are wrong dates all from the DCA

To add to that, I think it might be an idea to have a separate thread on that case to discuss the possible application and consequences, and report any positive/negative uses of it by creditors, in court or otherwise? Would be more productive than thrashing out the same thing on each OP's thread?

[Guest]

Re: Defaults I believe are wrong dates all from the DCA

The thing is, most of us, unless we happen to be in County Courts a lot, or mixing with people who are, don't get to hear specific judgments. It's much harder to get commentary on CC cases than a Mag Court case. We thus rely on commentary we read (or I do), and try to stay as informed as possible.

I don't know Nibbler if you can evidence the statement no DCA / Creditor has used it successfully, or possibly at all in the past yearish? I certainly couldn't state it definitively like that, and I try actively to keep abreast of this particular issue. If you can evidence it, it would be great to see the evidence, or at least to know how you can. :beagle:

This is a legal principle you are not going to get case law demonstrating this anymore than say the withdrawal of section 127(3), it is just a legal fact,

The SB starts when the creditor is entitled to recall the debt, simple as that, it has always been so.

[Nibbler]

Re: Defaults I believe are wrong dates all from the DCA

Fortunately your opinion ≠ fact.

The only way to have any confidence to how this would apply in other circumstances to other types of agreement is to see it tested. All else is just supposition and theorising.

[labman]

Re: Defaults I believe are wrong dates all from the DCA

New thread to debate this judgment started here:

http://www.legalbeagles.info/forums/...091#post371091

[Steven Elliott]

Re: Defaults I believe are wrong dates all from the DCA

Thats true on the CCJ i only found out on the 31/08/2013 via looking at noddle, was done at an old address which i had moved 3 times since , but i know not even know how to challenge the CCJ as i dont have the money to pay it , so i guess i just got to leave it for another 21 months ?

And yer SB date not to worried about at the moment just wanted to find out the default dates so i can make sure they are correct to my credit report will be in good stead by 2016 max

[Steven Elliott]

Re: Defaults I believe are wrong dates all from the DCA

I was thinking last night , am i able to send a "prove it letter" with the CCA stuff to some of my DCA , and see what they come back with as most of these accounts are open pre 2007 and i want to see if they have any details to enforce the debt or even send me letters to deal with the debt and maybe close my account?

What do you think about that ?

Thanks Steven

[labman]

Re: Defaults I believe are wrong dates all from the DCA

To set aside a CCJ you use Form N244. Form Ex160(a) tells you whether you can get fee remission or not.

The forms are Numbers 4 and 5 from HERE.

[Steven Elliott]

Re: Defaults I believe are wrong dates all from the DCA

Thanks , but do u think i should do the CCA to only the debt collects which are chasing me ,