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Petition - Strengthen law in consumer's favour

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Banks bullying consumers must end. Fraud, extortion and malicious defamation resulting in an annihilated credit rating. Help end it sooner. Sign this petition.

http://www.gopetition.com/petition/43459.html

500 signatures will oblige the government to answer.

More info on the Consumer Action Groups forum here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?297131-Legislate-against-banks-defaulting-disputed-accounts

Thanks,

Rico.
«13

Comments

  • mo786uk
    mo786uk Posts: 1,379 Forumite
    edited 1 April 2011 at 1:23AM
    I have sympathy for the bloke.

    But there is a slight flaw here. It could mean any joe could 'dispute' an account to stop it going into default and affecting his credit record.

    The best they will get is that the credit companies have to adbide by some criteria or something.

    Edit - I have read the Guardian article which explains it in more depth

    For his PARTICULAR situation it seems that has been remedied in that he could now in theory cancel a credit agreement within 14 days whereas he couldnt before.

    http://www.guardian.co.uk/money/2011/mar/12/pc-world-laptop-paul-durkin?commentpage=last

    It is weird that HFC carried on charging him. Surely they should be at some fault for not contacting PC World. Presumably PC World just kept the computer without telling HFC (though was it their responsibility?) - seems like better communication between them could ahve resolved this years ago.
  • Rico6.9
    Rico6.9 Posts: 112 Forumite
    It would be better for UK Law to acknowledge the EU directive.

    It needs to be unlawful for banks to default disputed accounts.

    If Joe disputes an account, the bank can take Joe to court to decide if Joe is good or not.

    At the moment if Joe is good, the banks know this but are still free to annihilate his credit rating/life. Just plain wrong.

    Trotting off to the European Court isn't the most convenient remedy for Joe. It is a step in the right direction though.
  • Freddie_Snowbits
    Freddie_Snowbits Posts: 4,328 Forumite
    edited 1 April 2011 at 9:11AM
    I am afraid that Freddie shall not be signing the petition Paul for the following reason

    Although you allege in your account of events that you asked that the lap top computer had a modem, the fact that you left the store with one that did not, was and is covered by the Sale of Goods Act, they were not as described or advised by the assistant.

    You signed an agreement with HFC Trust (I believe in 1998 it was not a bank) for the purchase of the Laptop. If the goods were not as described (SoGAsa), then you should have applied the section 75 of the Consumer Credit Act there and then, cancelling the agreement in its infancy.

    Just because what you feel is right, does not make it right and not approaching or cancelling the Credit Agreement is negligence on your part.

    So HFC rightly put a default on your account for the none payment on the agreement and your non correspondence and/or ignorance aggravates the situation.

    We now jump forward to the time you want to buy a house at a price you could have done back in 1998? On fears this is the reason you want people to sign a petition.

    Note I also once bought a Car (October 1988) that I defaulted on in May 1989, and successfully purchased a property in October 1990, so I know a thing or two about this.

    So, I am afraid Freddie does not offer absolution for your sins, though wishes to make it known your ulterior motive, that you failed to purchase a house in the period 1999 through 2003? and now wish other consumers to put right your misfortune.

    Quoted for completeness
    Rico6.9 wrote: »
    Banks bullying consumers must end. Fraud, extortion and malicious defamation resulting in an annihilated credit rating. Help end it sooner. Sign this petition.

    http://www.gopetition.com/petition/43459.html

    500 signatures will oblige the government to answer.

    More info on the Consumer Action Groups forum here:

    http://www.consumeractiongroup.co.uk/forum/showthread.php?297131-Legislate-against-banks-defaulting-disputed-accounts

    Thanks,

    Rico.

    Rico6.9 wrote: »
    It would be better for UK Law to acknowledge the EU directive.

    It needs to be unlawful for banks to default disputed accounts.

    If Joe disputes an account, the bank can take Joe to court to decide if Joe is good or not.

    At the moment if Joe is good, the banks know this but are still free to annihilate his credit rating/life. Just plain wrong.

    Trotting off to the European Court isn't the most convenient remedy for Joe. It is a step in the right direction though.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    Agree with Freddie. For a change.

    This guy has been the creator of his own misfortune. He doesn't have a chance of winning his claim for loss of opportunity (pure economic loss isn't claimable!).

    As for the petition, wow, what a load of hot air. "Ransoms"?

    Sorry but this is an example where he needs to get some decent legal advice who will tell him to drop it.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    Rico6.9 wrote: »
    It would be better for UK Law to acknowledge the EU directive.

    It needs to be unlawful for banks to default disputed accounts.

    If Joe disputes an account, the bank can take Joe to court to decide if Joe is good or not.

    At the moment if Joe is good, the banks know this but are still free to annihilate his credit rating/life. Just plain wrong.

    Trotting off to the European Court isn't the most convenient remedy for Joe. It is a step in the right direction though.

    UK does implement EU Directives. It's actually one of the most compliant within the EU.

    If there are wrongful submissions to the credit reference agencies, then there are remedies for this.

    Oh, you can't just trot off to the European Court. You have to use our national courts.

    Deeply flawed claim.
  • Agree with Freddie. For a change.
    .
    New Rules on the forum mean I cannot use your kind comments in my signature. But I shall make sure Brenda at the Dog and Duck puts one behind fopr your good self, on the slate of course!

    :beer::beer::beer::beer::beer:
  • gordikin
    gordikin Posts: 4,422 Forumite
    Hi Your Freddieship

    So you can't use:-

    Freddie comments are authorised by the Dog and Duck, and are subject to change like the wind.
  • Gordi, I got me sen pip squeaked, though I see the upstart D&D has been boreded up.
  • Rico6.9
    Rico6.9 Posts: 112 Forumite
    Pro bono legal team in place to lodge an appeal to the UK Supreme Court. We're currently jumping through all the legal aid hoops.

    Prospects of success and setting a precedent are significant.

    Being threatened with credit annihilation unless money that isn't legally owed is paid. Pretty much a ransom.

    Getting new credit with a default is pretty much impossible. Most folk need credit to buy a home.

    The law is too slow but justice is still a possibility (unless the banks control the UK Supreme Court too)

    The race is on to try and encourage the government to strengthen the law now rather than wait for the Supreme Court to force them into it.

    Why wait for the wind to change? The time is now.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    I'm not signing your petition, it's a pile of pants, but I have allowed my cat to sign it. Power to the paws!
    Gone ... or have I?
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