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  • #16
    Re: A word of warning

    Originally posted by Paul. View Post
    only if you let them be

    in fact they are easier to pull apart than many think, most lenders make errors in them but its just a case of finding them
    Your fave saying - The Devil is in the detail

    Last night, good PT's but guess what? No interest rate! Paul found it, big boob-boob - but that's the things you find within the detail
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    • #17
      Re: A word of warning

      its far easier to establish UE if you are in possession of the original loan agreement for example and able to show that the credit is wrong. That is verymuch nailed on as UE in my view

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      • #18
        Re: A word of warning

        Originally posted by pompeyfaith View Post
        Reconstructed Agreements are a very grey area and wide open to abuse and it is for that reason I hate them
        It's this example I was referring to Carey on. Ok let's say that I do a s.78 cca request. The bank reply saying that due to the age they can't find it. The moment that happens we have to go back to basics and assume there is no agreement between us (I'm talking explicitly in relation to DPA and cra data sharing) therefore under s.10 we should have right to demand cease & desist (processing data) based on there being no signed authority.

        Take for example our discussion recently regards the "old days" where if your face fits you got credit from the old style managers. Nothing was ever signed so no agreement to share data was ever in place.

        Back to my example. Carey changed this by allowing the lender to create a recon thus forging an agreement based on THEIR interpretation of how it would have been presented in form & substance. Why? Who said the banks can be trusted? They have proven internal fraud and wrongdoing for decades. Yet they get the final say in what this alleged original would have contained.

        Sorry, that's bollocks. That's ridiculous. That's nonsense.

        So, we're still at that point where the lender confirms no agreement exists but they send a recon. The DPA does not work in tandem with CCA thus technically Carey is a breach of DPA as the DPA does not give weight to creating an agreement from other means, to satisfy any data sharing.

        So my point is, Carey is a feckin joke because it contradicts numerous other acts none more so than the basic fundamentals of data protection in the DPA 1998.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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        • #19
          Re: A word of warning

          Paul - I know you may not agree but you also know whenever you mention Carey I rant. I can't help it

          It's in the blood
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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          • #20
            Re: A word of warning

            Out of curiosity how much do you think we would need to spend to challenge Carey in the courts?????

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            • #21
              Re: A word of warning

              Originally posted by mgfboy View Post
              Out of curiosity how much do you think we would need to spend to challenge Carey in the courts?????
              more than its worth, the Court of Appeal prima facie approved carey so its likely to be a case of taking it to the supreme court

              cant see it happening really

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              • #22
                Re: A word of warning

                Originally posted by Paul. View Post
                more than its worth, the Court of Appeal prima facie approved carey so its likely to be a case of taking it to the supreme court

                cant see it happening really
                6/7 figures then

                When I win the euro millions , as part of me giving a good kicking to HSBC we should do it

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                • #23
                  Re: A word of warning

                  In a way though, as Paul says, it does clarify a lot of grey areas which if used correctly actually helps us (consumers)!

                  Whilst I hate it I also understand the ramifications hence I accept it. If that makes sense

                  I still rant though
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #24
                    Re: A word of warning

                    while your ranting, what about the news that Rangers are gonna be a 3rd Division club lol

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                    • #25
                      Re: A word of warning

                      Originally posted by Paul. View Post
                      while your ranting, what about the news that Rangers are gonna be a 3rd Division club lol


                      Jealousy is a bugger mate
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                      • #26
                        Re: A word of warning

                        Originally posted by Never-In-Doubt View Post


                        Jealousy is a bugger mate
                        yeah you must be really jealous of Celtic now

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                        • #27
                          Re: A word of warning

                          Hey 3rd Div is better than no div at all which looks like Pompey's fate!!!!!!!

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                          • #28
                            Re: A word of warning

                            Originally posted by Paul. View Post
                            yeah you must be really jealous of Celtic now



                            Anyway. We're not buying Pompey now. But Bury

                            --> Bury deny Rangers takeover talk - Yahoo! Eurosport UK
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #29
                              Re: A word of warning

                              Maybe Redknapp will buy Pompey or how about you Paul I am sure they will accept a £1 if you can refinance the debt
                              Last edited by pompeyfaith; 21 June 2012, 11:41.

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                              • #30
                                Re: A word of warning

                                McGuffik pisses me off as well (and I side with Niddy on Carey )

                                My Natwest card - there is no agreement, never been supplied and (99% sure) I never signed one - was a student one, with a "packaged account" (no fee) Didnt show on my CRA files (as pre DPA 1998) but as soon as I default, crash bang whallop, there it is.
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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