17 comments on “So here we are.

      • OK Thanks for your reply. I will wait until you blog your new position. Meantime, I would like a chat about the UCA process if you have time. You have my web site when I signed up, my contact details are on there.
        Regards,
        Tony

      • Hi Paul. Look forward to hearing from you. I was involved in the UCA business from 2008 until the Waksman case. After coming across your blog, I was wondering if there is any mileage in the business once again. We did have a little success ( HBOS-v- Mitchell was one) but everything stopped after the Waksman case. Would be good to catch up and have a chat when you are free.
        Tony

  1. I hope Paul you will be able to give me some advise on an on going complaint I have with a leading bank. The bank in question has admitted 6 counts of irresponsible lending and have agreed to pay all interest back dating back to 2007. Although we are happy with this outcome the accounts are still in dispute with the ombudsman, adjudicator waste of time, this is because whilst we are happy with the interest the bank have continued to harass us with phone calls, over 40 to my mobile, which unfortunately were deleted when my phone resynced, and over 20 which I have kept to the house phone within a 10 day period. They failed to acknowledge our letters informing them that these debts are in dispute and wish only to be contacted by letter and for all calls to stop. the ombudsman also contacted them on 2 occasions to ask for all communication to stop but to no avail. The bank have now passed the debts to a debt collector as no payment has been made since the dispute, all accounts were paid up to date until dispute. Our main argument with the bank at this present time is the fact that they have failed to put a hold on these accounts until the matter is resolved, causing us to have defaults on our credit report, the debts they are chasing are the original ones still with interest being charged. Please can you help me as to what my rights are, the CAB have passed this case to Trading Standards as unfair practice but I have heard nothing from them.

    thanks,
    A very worry Tracy

    • Hello Tracy,

      Im sorry to hear about your issues with your bank. It seems you really have been dragged through the mill here but i am really not surprised to hear your story. Many banks still ignore the rules, ignore consumers wishes, and harass people without any lawful basis to do so.

      I would really need more information than what you have given me here to be able to see what the live issues are, and what options are open to you.

      I am likely to be engaged at the beginning of the week, but if you can email me a contact number to paultilley@howlettclarke.co.uk i will happily give you a call to discuss this further.

      Regards

      Paul

  2. hi again Paul,
    Could you answer something for me please regarding my complaint ? All our accounts have now been defaulted and sent to DCA’s. Apex have agreed to send the ones they have back to the bank, Westcott and credit solutions are investigating. Could you clarify for me who now owns the debts that Apex have sent back as accounts are being shown as settled on our credit reports.

    thanks
    Tracy

    • Hi Tracy,

      Sorry, id probably have more chance of advising on next weeks lotto numbers im afraid. The reason is i simply do not know if the company is instructed as an agent, or if it is an assignee in equity or whether there has been a legal assignment.

      To make things more awkward, many assignment deeds or contracts have a return clause to the original creditor if the debt is irrecoverable.

      The creditor or owner of the debt has a duty to advise you who is the person responsible for collecting this debt and whom you should pay.

      This area of law is quite complicated and can have a number of twists and turns.

      I cannot tell you who owns the debts im afraid, i would need proper instructions and would need to investigate this properly before i could advise you correctly.

      Regards

      Paul.

  3. Hello Paul

    I have read some very interesting information on your previous blog with Watsons regarding the Consumer Credit Act and unenforceable credit agreements. How ever there is one area that seems to have been missed. That of unlicensed trading as in section 40 of the Consumer Credit Act 1974.

    My Wife and I took out a Credit Agreement with a company in April 2005 and it was executed on 13th April 2005 this agreement had PPI added to it. We tried to reclaim the PPI through a claims company. But they wrote to us saying that they could not proceed with the claim as it was an unregulated agreement.

    I decided about 6 months later to investigate it myself. My first port of call was the public register for Consumer Credit Licences on the OFT’s web site and looked through the history. Where I found that the company that executed the agreement has requested its name be removed from the Consumer Credit Licence in September 2003 and a new name to be added. For the purpose of this post I will call them company A Ltd and Company B Ltd. Company A Ltd requested name be removed September 2003 (but still executing Credit Agreements as per ours in April 2005) would this be Unlicensed Trading. Company B Ltd added September 2003.

    My next port of call was Companies House where I did a web check on Company A Ltd it pulled up Company B Ltd which showed that Company A Ltd changed its name to Company B Ltd in October 2005. Neither Company has sort a Validation Order for the agreement. Company B Ltd has now sold the debt to a third party.

    So Company B Ltd holds a Consumer Credit Licence in September 2003 by its name does not appear on the company register until October 2005.

    Any assistance in this matter would be very much appreciated

    Thank You
    Mark

    • Mark,

      A very interesting point, may i ask how much the credit was that you were provided?

      A lender who enters into a regulated agreement with a debtor which at the time he does so, he does not hold a valid licence, will leave him with a potentially unenforceable agreement and needing the OFT determination before he can enforce.

      The question is though, is this a regulated agreement?

      Regards

      Paul

  4. Hello Paul

    Thank You for the response,

    The Loan amount was £5970

    Less deposit £ 25

    Plus PPI £ 740.39

    Total Credit £6685.39

    To be repaid over 180 months

    The total amount paid back so far is £9,357.33

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