First credit debt collection :(

neverdespairgirl

shinyhead wrote: »

HRankine V MBNA (I think) where basically the judge got it horribly wrong.
.

Do you know anything else about this case? I can't find a reported case by that name.

shinyhead

Look up the CAG site and type Rankine into the search engine. It gives out some useful info.

I think I read there that the judge found in the claimants favour even though there was no CCA. There was also something I read there about the time limits for supplying a CCA were ignored as well.

There are other cases on CAG that can be quoted to counteract this.

The CCA 74 is very clear so how the devil this judge decided to ignore it is beyond me.

neverdespairgirl

Thanks - sorry to be thick, what's CAG?

Deep_In_Debt

shinyhead wrote: »

Look up the CAG site and type Rankine into the search engine. It gives out some useful info.

I think I read there that the judge found in the claimants favour even though there was no CCA. There was also something I read there about the time limits for supplying a CCA were ignored as well.

There are other cases on CAG that can be quoted to counteract this.

The CCA 74 is very clear so how the devil this judge decided to ignore it is beyond me.

Judges clearly need to be reminded of the law from time to time. Shocking really.

neverdespairgirl

Deep_In_Debt wrote: »

Judges clearly need to be reminded of the law from time to time. Shocking really.

It's inevitable, really. There is so much law in any area, and so many details, that judges inevitably make mistakes. That's why most courts or tribunals have a slip rule, and there are appeals, and also why judges tend to prefer represented parties rather than litigants in person.

On the whole, District Judges are very knowledgable and pretty fair, and will tend to use the law to favour debtor defendants, if they can. West London County Court used to be nicknamed in Politburo in some circles, because the DJs there seemed never to grant possession or charging orders (-:

neverdespairgirl

Deep_In_Debt wrote: »

You're not being thick - CAG is Consumer Action Group = Google them, lots of useful info there.

Yep, 1st Crudit are thick. They've spouted all sorts of s**t to me over the months which simply isn't correct. When I spouted all my legal rights back at them, they went quiet. Not heard from them in a few months but I'm expecting it all to kick off again soon. Can't believe my mates at 1st Crudit don't want to speak to me! Kind of missing the fun I had with them!

Thanks - I do feel thick now, it was pretty obvious!

1st credit seem determined to battle for the well-contested position of nastiest debt agency, from what I hear.

shinyhead

Sorry,

Probably was patronising-thought you knew.

neverdespairgirl

You weren't at all patronising.

debtman2007

Recieved another phone call on my mobile at lunch time. I ignored it of course but still annoying. I guess the letter i sent about written communication had no effect.

cocker100

debtman2007 wrote: »

Recieved another phone call on my mobile at lunch time. I ignored it of course but still annoying. I guess the letter i sent about written communication had no effect.

Sent email yesterday demanding why they hadn't sent full copy of CCA and stating all my rights. Also told them never to phone me again and communicate only by post/email. Then today, guess what? They phoned whilst I was at work and left a message for me to contact them urgently. Obviously I haven't. Instead, I've sent another snotty email thretening to report them if they try it again.

Lets see what happens now.........