Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Morgan Stanley/Goldfish CCA request and their questionable behaviour
I have an on running complaint with Morgan Stanley regarding a CCA request made in March this year. The documents provided by MS were the standard up to date T&C's, a blank copy of a Credit Agreement (Unsigned) with current APR and a reconstructed application form with information which was not current at the time of opening the account. It is worth mentioning that the APR on all forms is not consistent. The account was opened three years ago but the application form provided by MS shows a telephone number, bank details and change in employers trading name that come in to effect with in the last 18-24 months therefore they should not be on the application form.
The application form has areas of text missing from above the field which have been completed with details cut from other documents which gives it away that it has been reconstructed - is this allowed? Also it is dated 2 months before my CCA request was issued, and not when the account was opened.
I have tried and on numerous occasions, to raise a complaint with Morgan Stanley/Goldfish but I just get a standard letter saying that I should get a response by XXXX date but to date I have not received nothing.
What options do I have. Should I complain direct to the Information Commissioner or should I start the ball rolling with the fos, the latter is not my preferred option as it could take up to a year before it is even passed to a team worker.
Re: Morgan Stanley/Goldfish CCA request and their questionable behaviour
1. the Information Commissioner won't be interested in a dispute over a CCA.
2. The fos would probably refuse to become involved too, and as you say you could wait a year for them to tell you that.
3. Are they chasing you for payment? If not, what are you trying to achieve by complaining?
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
Re: Morgan Stanley/Goldfish CCA request and their questionable behaviour
Hi RMW,
The reason for requesting a copy of my credit agreement was so that I could prove that I did not request PPI and to establish what the APR was at the time of opening the account.
MS added PPI to my account about 12 months ago as I apparently asked for it during a phonecall, when i asked for a transcript of the phonecall they changed their story and said that i requested it at the time of opening the account but it was deferred for a period of 18 months at my request. It came as no surprise when i looked at the application form to see that the PPI field had not been ticked!
WRT to the APR issue. MS have over the past three years increased my APR from 9.9% to 22% which is what it stands at now. I have never defaulted on payments and nor have I exceeded my credit limit so I want them to explain this as well.
Re: Morgan Stanley/Goldfish CCA request and their questionable behaviour
I know absolutely nothing about PPI claims, but provided MS have not responded to your complaint and it's now over 8 weeks, you could go to the fos. It's currently taking them about 6 months to allocate complaints to an adjudicator.
The other alternative is to go to court to get the PPI back, but that's never going to answer your questions about the APR.
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.