CAG endorses Chargeback

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Schedule 12
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#1 CAG endorses Chargeback

Post by Schedule 12 » 16 Aug 2016 09:38

Sorry Sheila, I know its against your religion, but...

http://www.consumeractiongroup.co.uk/fo ... ost4935550
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#2 Re: CAG endorses Chargeback

Post by Pote Snitkin » 16 Aug 2016 10:58

Aww - and she put so much hard work into it.

http://www.consumeractiongroup.co.uk/fo ... of-control
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#3 Re: CAG endorses Chargeback

Post by Schedule 12 » 16 Aug 2016 11:21

I missed that thread.

She got a user banned because she disagreed, and Susan is the shill.

Why is Marc advocating for chargeback when his moderators are banning members for it?
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#4 Re: CAG endorses Chargeback

Post by Amy » 16 Aug 2016 13:48

jasonDWB wrote:Why is Marc advocating for chargeback when his moderators are banning members for it?
Because the right hand doesn't know what the left hand is doing...

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#5 Re: CAG endorses Chargeback

Post by Pote Snitkin » 16 Aug 2016 14:00

I think Marc knows exactly what his right hand is doing......
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#6 Re: CAG endorses Chargeback

Post by Tuco » 16 Aug 2016 14:01

All hail the saving grace-We now have an explanation of beneficial interest on there.

The appeal can't fail now.

:lol: :lol: :lol:

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#7 Re: CAG endorses Chargeback

Post by Pote Snitkin » 16 Aug 2016 16:39

On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#8 Re: CAG endorses Chargeback

Post by Tuco » 16 Aug 2016 16:44

A nice balanced comment here, totally impartial:
I am beyond being shocked. The debtor has actually lost his entire livelihood.

I would imagine the car was taken long before Jason became involved. No doubt the CAG inquest will have Jason down as the reason the car was lost.

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#9 Re: CAG endorses Chargeback

Post by Pote Snitkin » 16 Aug 2016 16:52

I thought Jason wasn't even representing him? I thought he had legal representation?
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#10 Re: CAG endorses Chargeback

Post by Tuco » 16 Aug 2016 16:55

He did.

I think we both know that she will twist it to being all Jason's fault though.

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#11 Re: CAG endorses Chargeback

Post by Pote Snitkin » 16 Aug 2016 17:05

Is this the case she was already having a dig at a couple of weeks ago, the one that she suddenly knew no details about despite already posting the details? The one that got Bailiff-can-take-my-hire-purchase-car into a dit of do-do for passing her info?
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#12 Re: CAG endorses Chargeback

Post by Tuco » 16 Aug 2016 17:16

So I am led to beleive-She is shocked that Jason didn't know what PCP was, but thought nothing of the suggestion that a car on HP can have it's ownership changed every 5 minutes.

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#13 Re: CAG endorses Chargeback

Post by Schedule 12 » 16 Aug 2016 17:19

He lost his livelihood because Newlyn took his private hire minicab.

I know Sheila isn't saying it's my fault, but she does not blame Newlyn - a commercial business, for burdening the taxpayer with supporting a young family so it can make an illegal £310.

Why would I know about PCP? I'm not a debt counselor and I've never bought a car in this way.
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#14 Re: CAG endorses Chargeback

Post by Tuco » 16 Aug 2016 17:23

Someone said that they research the meaning of the terms mentioned in my first post, and that even the solicitor or barrister would do the same. Well no it is not true, a solicitor would have had the benifit of formal training, they would have dispensed with all this probably in the first year or even before.
Yeah that's right you cretin. The solicitor just dived into the hearing head first without doing any research, based on the benefit of training in the first year of law school.

FFS Marc have a word with these morons you have posting will ya?

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#15 Re: CAG endorses Chargeback

Post by Pote Snitkin » 16 Aug 2016 17:25

jasonDWB wrote: I know Sheila isn't saying it's my fault.....
The case that you may be referring to is yet another court failure with its roots firmly attached to one particular McKenzie Friend.
...
I am beyond being shocked. The debtor has actually lost his entire livelihood.
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#16 Re: CAG endorses Chargeback

Post by Schedule 12 » 16 Aug 2016 17:32

She doesn't say it's me. In any case, the claimant has never had a McKenzie friend.

I got it through the helpline. I wasn't able to solve it, so it went legal.
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#17 Re: CAG endorses Chargeback

Post by Justanotherperson » 16 Aug 2016 17:34

Hope none of you mind me posting but looking at that thread, I don't think BailiffAdvice understands the difference between a HP and a PCP either. Beneficial/equitable interest are one and the same, I wonder what the argument would be if someone decided to argue the interest was not beneficial but possessory...

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#18 Re: CAG endorses Chargeback

Post by Schedule 12 » 16 Aug 2016 17:46

Do you mean an interest in possession?

All that really means is someone having a right of the use of something. In HP, it is an interest in possession, but that is not provided in Schedule 12, in fact quite the opposite is provided. Paragraph 3(2)(b) states;
  • (b)references to goods of the debtor do not include references to trust property in which either the debtor or a co-owner has an interest not vested in possession.
If the court followed that, it means the HP car cannot be taken because beneficial interest is held by the lender not having possession.
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#19 Re: CAG endorses Chargeback

Post by Justanotherperson » 16 Aug 2016 18:00

The word is interchangeable just like beneficial/equitable interest but yes if you call it interest in possession it all means the same thing. Not entirely sure I understand your last sentence but breaking it down a vested interest in possession under trust law means the immediate right to enjoyment or payment or income etc.

So it would seem that for the purpose of classifying goods belonging to a debtor or co-owner would not be goods where there is no immediate right to enjoyment. Under HP agreements, hirers do not have the right to immediate enjoyment because the car is simply on hire/rent and is simply a possessory interest (a bailment is a possessory interest because it will be returned at some point). The interest is therefore not a beneficial one but one of possession.

All in all, following the lines above, HP agreements would not fall into the definition of goods of the debtor

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#20 Re: CAG endorses Chargeback

Post by Pote Snitkin » 17 Aug 2016 09:52

Where did the CAG thread go?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#21 Re: CAG endorses Chargeback

Post by Michelle » 17 Aug 2016 10:06

Pote Snitkin wrote:Where did the CAG thread go?
It's not gone anywhere: http://www.consumeractiongroup.co.uk/fo ... ost4935550
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#22 Re: CAG endorses Chargeback

Post by Pote Snitkin » 17 Aug 2016 10:19

:P I meant the chimp's beneficial interest one.

Should've remembered what this thread was about initially. Sorry.... erm.... ooh....... if Amy's 'mum' do we call you' Auntie'?
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#23 Re: CAG endorses Chargeback

Post by Michelle » 17 Aug 2016 10:24

Feel free to call me Auntie Michelle if you wish, just remember I shall say it only once. :lol:

I left the beneficial interest thread open since yesterday, I have this habit of never closing browser tabs so I didn't realise it had been moved/removed. :roll:
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#24 Re: CAG endorses Chargeback

Post by Pote Snitkin » 17 Aug 2016 11:10

It's now returned - but with all of Sheila's posts removed.

How odd.
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#25 Re: CAG endorses Chargeback

Post by Schedule 12 » 17 Aug 2016 11:43

Peter F probably told her to stay out of it.

Been a development, significant one, but can't discuss at this time.
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