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Response to Continuation from 8 threads down (Allocation Questionaire)

from Lee (repossession@home-repo.org)
Well done Jon!

Which aspect of their handling of the claim were you telling them was a potential breach of the section 6 of the Human Rights Act?

I ask because we are seeing signs that customers that threaten to use the HRA is a worry for lenders. Meaning, that the customer should counterclaim breach of HRA in response to a claim the lender makes.

The two areas where we are pretty sure customers can probably successfully counter-sue lenders are:

1. if the lender/lawyer had threatened court action if the customer did not fill in and Income & Expenditure form and that form also asked for details of the partner/spuse's finances

2. where the lender/lawyer/debt collector carried out a credit check on the customer that was not in response to a customer request for a loan or account. We're pretty sure most lenders do such credit checks prior to sending out shortfall letters and possibly prior to starting court action. You need to get your credit records from the credit reference agencies to discover this.

Lee

(posted 8179 days ago)

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