Help with Unenforceability [UPDATED 01/2020]

[billypre]

Re: Help with Unenforceability

Cheers Niddy, no rush.

[Never-In-Doubt]

Re: Help with Unenforceability

ok thanks matey - leave this with me and let me get my head round it all (eeek) ;EEK ;EEK ;EEK

I'm working through the night next week so will get it done Monday or Tuesday for you.... k

[billypre]

Re: Help with Unenforceability

sent you a mail.

[Never-In-Doubt]

Re: Help with Unenforceability

In return for your help i'm going to help you and the forum as a whole. I am quite good at site SEO and run various websites so i'll send you an email...... if you want .......to get better Search Engine Rankings that can be implemented easily. This will get more exposure for the forum from the average "googler".

Thank you - muchly appreciated - guess you've seen I did want someone to offer to help with that! lol... y

[billypre]

Re: Help with Unenforceability

Yeh clears things up Niddy thanks. I'll get to work on my timeline and statement of how things have got to this stage then email it to you with my username as subject ?

Will get it done today at sometime once the kids have had some attention !! Been on this PC most of day lol.

In return for your help i'm going to help you and the forum as a whole. I am quite good at site SEO and run various websites so i'll send you an email...... if you want .......to get better Search Engine Rankings that can be implemented easily. This will get more exposure for the forum from the average "googler".

[Never-In-Doubt]

Re: Help with Unenforceability

p.s So they actually had no right to refuse my SAR with that gobbledegook about solicitors confidentiality etc ? Bunch of *******

No, a SAR request should be adhered to at all times except in the main, when the papers are being used in a court case (such as defence/prosecution notes etc) however you'd then utilise CPR18 to see the info you want, that is why you flit between DPA to CPR as it suits you cos between them, you'll get what you want..... in time, but you do get what you asked for (eventually).

What they should do is comply with the SAR with the omittal of the protected documents from sch7 (DPA). They cannot refuse the whole SAR - fuck-wits

Hope all this makes sense and helps a bit......

y

[Never-In-Doubt]

Re: Help with Unenforceability

OK Niddy, i am in your hands. I mean, i have nothing to lose in trying right ?

About the misinformed, how could i possibly prove this ? Maybe they would have recorded the phone call, but then maybe it would get "lost" if you know what i mean. They are the most dishonest people on the planet after all.

Ok, this is why I need info from you cos i'll prove it with logic, i.e. why on earth would you commence paying again after 10 years? I mean, nobody in their right mind would do such a thing unless they were unlawfully misguided.... see how it falls into place..?

Plus the courts are aware that DCA's say "pretty much anything" to get someone to pay, i'd also include proof and recent judgments against DCA's to show that it does happen, quite a lot. Also refer to caselaw (if appropriate)....

Its easy to prove, but you miss the main point - it is not for you to PROVE they did that, it is for them to PROVE that you were in fact liable. If they can prove that, then we'd be arguing for copies of phone call transcripts - yes they HAVE to record all calls due to the nature of their work and the DPA insists it as well. However they will say they cannot find it, so we'd be saying funny how you found other stuff then isn't it?

See the logic yet....?

[billypre]

Re: Help with Unenforceability

p.s So they actually had no right to refuse my SAR with that gobbledegook about solicitors confidentiality etc ? Bunch of *******

[billypre]

Re: Help with Unenforceability

OK Niddy, i am in your hands. I mean, i have nothing to lose in trying right ?

About the misinformed, how could i possibly prove this ? Maybe they would have recorded the phone call, but then maybe it would get "lost" if you know what i mean. They are the most dishonest people on the planet after all.

[Never-In-Doubt]

Re: Help with Unenforceability

Also ICO say :

Before complaining :
First, tell the organisation concerned and give it an opportunity to put things right.

Should i not send DCA a letter first again asking for SAR and why their letter is in breach of whatever it is lol

You did give them a chance - when you SAR'd them! You're complaining at their response, which falls immediately into refusal to comply category which means you can bypass the chance to put it right steps.....

Ignore this for now anyway, based on my last reply to you..... 2

[Never-In-Doubt]

Re: Help with Unenforceability

Right lol

You make it all seem so rosy and simple !! Maybe it is and i always err on the side of caution, but after reading so many of your threads and advice i am awestruck by your knowledge, commitment, sense of humour and most of all your principles.

Now, just so i am clear and i better put in a few points which i put in the old BALWIt thread that may or may not change the situation.

When i got the summons thing, i called DCA to ask about the debt and was told that the best thing i could do was admit the debt and send in to the court what i could pay. If i didn't then i could face further penalties which could double or treble the original debt. So, not knowing better, i admitted the debt in the reply thing for summons and asked for £3 per week payment. Thats how i got the decree in first place. Does it make a difference that i admitted the debt ? I am sure you said last time that i shouldn't have but hey-ho it was done and it still didn't over-ride the fact that the debt was "extinguished".

Also, i am not 100% positive - lets say 95% positive that it should be statute barred. I mean its from 1994 for gods sake and i think i would know if id been getting chased or paying from taht long ago. However, i do remember in 2004 that i entered a DMP and i made token payments of £1 to all my creditors. This "could" have been one of them. Still a 10 year gap between 1994 and 2004 for which was a 12 month loan.

So my main question is before i try this route....... does a SAR only have to go back 6 years ? I would really be looking at getting all the info dating back to 1994 to have best chance of statute barred just incase i did make token payment in 2004..... although i dont think i did.

Hiya, ok sorry for sounding as though it isn't a big deal, I know it is to you but I only try to cheer people up cos really stressing is the worse thing to do.

Regards to your first point about being misadvised - this is your get out, you really ought to be ringing the court AT least. I'd be compiling one big letter, post it here - let me tweak it and add facts then get it sent to the court. Point here is that if you were told to do this and the debt was likely to already be statute barred then the original DCA has actually broken the law - bearing in mind OFT guidelines didn't "protect" them (as such) until quite recently. I can sort it for you, if you start the process by typing up an events to date thing, so kind of pretend you're telling me - someone that knows nothing about this case - your story, from start to finish entering as much info as you can remember, dates (approximate) are imperitive - even if you can narrow it down to "at the start of 1999 - not sure when" - it helps!

I can then sort your main ICO complaint and court letter.... basically you need to push for set-aside and based on the length of time and age of the debt, yes, you have a good chance of victory here. However the problem you have will be getting the accurate data so you're going to have to argue for set-aside based on the dca refusal to provide data......

You have a l;ot of work to be getting on with - lol, update this with as much detailed info as you can get and then i'll sort it for you - if you want? Obviously, I mean I will sort the responses, I cannot guarantee the outcome.

If you decide to take me up on the offer then ignore the previous advice as this will be irrelevant. 2

[billypre]

Re: Help with Unenforceability

Same username on BALWI

[billypre]

Re: Help with Unenforceability

Also ICO say :

Before complaining :
First, tell the organisation concerned and give it an opportunity to put things right.

Should i not send DCA a letter first again asking for SAR and why their letter is in breach of whatever it is lol

[Never-In-Doubt]

Re: Help with Unenforceability

who were you on BALWI/MSE out of interest..... back in 5 mins

[billypre]

Re: Help with Unenforceability

Right lol

You make it all seem so rosy and simple !! Maybe it is and i always err on the side of caution, but after reading so many of your threads and advice i am awestruck by your knowledge, commitment, sense of humour and most of all your principles.

Now, just so i am clear and i better put in a few points which i put in the old BALWIt thread that may or may not change the situation.

When i got the summons thing, i called DCA to ask about the debt and was told that the best thing i could do was admit the debt and send in to the court what i could pay. If i didn't then i could face further penalties which could double or treble the original debt. So, not knowing better, i admitted the debt in the reply thing for summons and asked for £3 per week payment. Thats how i got the decree in first place. Does it make a difference that i admitted the debt ? I am sure you said last time that i shouldn't have but hey-ho it was done and it still didn't over-ride the fact that the debt was "extinguished".

Also, i am not 100% positive - lets say 95% positive that it should be statute barred. I mean its from 1994 for gods sake and i think i would know if id been getting chased or paying from taht long ago. However, i do remember in 2004 that i entered a DMP and i made token payments of £1 to all my creditors. This "could" have been one of them. Still a 10 year gap between 1994 and 2004 for which was a 12 month loan.

So my main question is before i try this route....... does a SAR only have to go back 6 years ? I would really be looking at getting all the info dating back to 1994 to have best chance of statute barred just incase i did make token payment in 2004..... although i dont think i did.