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gem-100

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  1. I just want to reiterate: I have requested a True Copy of the Agreement as I was recommended to do so on here several years ago. What I was actually sent was a copy of the application form only. It appears that this is not one of the same as an actual signed agreement. Please if you do not know the answers I am requesting for sure, then please kindly do not respond as this only serves to confuse and also I might not receive the help I have requested.
  2. I have found an old thread that I think explains what I am look for as below posted by diskmandave and here is the link: http://www.consumeractiongroup.co.uk...al-capone.html Well, clearly it's not a copy of the agreement, and in fact the signature box is one of the things that they're allowed to omit, there are none of the original terms & conditions which they're obliged to send, no statements of the state of the account....etc.......... Don't write to them! It's not your job to chase their legal obligations!
  3. Yes but please note that the form signed was the application form, is this what constitutes the agreement?
  4. I have attached a copy of the agreement that they sent me instead of the True copy as requested. And yes I have been paying a token sum each month even after placing the account in dispute as they said they would not accept that there was any dispute and at the time I did not receive enough advice to enable me to do anything else but to continue paying them
  5. I have put in my opening thread that the account was opened in 2003.
  6. Hi CitizenB, Thank you for your reply. I have done budget sheets etc in the past, they have accepted that I cannot afford much. All I need to know is how I stand from a legal stand point if they cannot produce a True Copy of the agreement not a mock up/reconstituted copy, but the original True copy I signed?
  7. So if they cannot produce a True Copy of the agreement they are still allowed to pursue it through the courts then?
  8. Thanks Conniff. I do know that, but need to know how I should proceed as they will not tell me if they have the original true agreement on file or not, and I understand that if they do not have the original True signed agreement, signed by myself, then they cannot pursue it through the courts, so how can I get them to tell me the truth?
  9. [ATTACH=CONFIG]41545[/ATTACH] I would really appreciate some help here. I first posted here back in 2010 after loosing my job of 22 years and owing on some credit card and loans that I could not possibly pay due to loss of income. Everyone was very helpful and I have managed over the last three years to sort most out. I am left with just a few problems now that I am finding difficult to deal with and one of them is a Tesco Credit Card that I had from 2003. Back in 2010 I followed advice on here and I sent a request for the True Copy, I received the attached reply, to which I responded by placing the account in deffault. Tesco responded to say that they did not consider the account to be in dispute and at the time I did not receive enough clear advice regarding True Copy requirements to really know where I stood. I continued paying the account at a pound a month which was all I could afford, now Tesco's have written again putting pressure on for me to settle the account which is over 8k. I have now offered five pound a month on the phone and I did not have time to look back at the records I have which clearly show that I have placed the account in dispute, I know I continued to pay a token sum each month but can anyone kindly let me know where I stand please as I feel I was correct to dispute it at the time but Tesco's are addamant that they are correct and that are far as they are concerned there is no dispute. Any help/advice would be much appreciated. Gem [ATTACH=CONFIG]41545[/ATTACH]
  10. Thank you for your replies Happyhippy & Bazooka Boo, much appreciated. I think the action I will now take then will be to place it in dispute. Once I have done this, is it correct that I must not enter into any correspondence with them in order for the six year no contact to take effect? I am not sure that if I keep in correspondence with them that the six years only counts from my last contact with them so once placed in dispute do I then ignore any correspondence from them unless of course they manage to produce the original agreement?
  11. Due to being out of work for three years after forty years in full time employment and losing my last job role after 22 years due to office closure, I could only pay the absolute minimum payment of £1.00 a month to each of my lenders. I originally had a Goldfish credit card which then went to Barclays, I paid Barclays £1.00 a month for around a year and then they passed the debt onto Link, the debt is currently around the 6k mark, Link started to put pressure on so I requested from them a true copy of the agreement, this I had previously asked Barclays for but they were not able to provede it, I asked for the true copy back in July and have now received a letter from Link stating: " We write further to your letter of ******. We had requested the original application from Barclaycard on more than one occasion, and they recently informed us that they are unable to locate a copy. Although no other reason has been provided, this may possibly be down to the age of the account. We return your payment of £1.00 for the fee for this request." What I need to know now is do I continue to pay Link the £1.00 per month, or put the account into dispute, or what action if any I need to take to be in my best interest?. Any advice would be greatly appreciated.
  12. Hi lee12, Yes that was my thinking, the card was originally issued twelve years ago. They still have a copy of the application form which they keep sending me when I request the True Copy of the agreement, so I cannot see why it is that they cannot supply what it is that I am requesting from them. I will ask for the CCA again. I trust I direct this to Link this time?. Look forward to your reply.
  13. Hi Guys, Back again for some more advice. I had a credit card with Goldfish/Barclaycard, many years ago. I had to lower my payments a couple of years ago when I was made redundant after many years with the same company. I could not get another job, and had to offer all my creditors a pound a month. I asked Barclaycard for the True Copy of the agreement last year, they never sent it, only the actual application form, I did say that this was not what I had asked for but they said that it was fit for purpose etc. I did come on here at the time and there seemed too many grey areas regarding True Copies and the legal standing, and how companies are getting round not actually having them on file etc, so I did not pursue it at the time as I could not get a really straight answer. Now the debt was passed on to Link financial last year and they agreed to let it run at a pound a month for six months, it has gone past that period by around four months, and I have now received a standard letter from Link explaining that they intend to recover the debt, which stands at over £5.800, (I will not reveal all for obvoius reasons). My question is, can I now ask Link to produce a True Copy of the agreement and see what happens?. I took the card out over twelve years ago. I would really appreciate any help or advice on this as I will need to answer there letter soon.
  14. IMG.pdfHi Guys, I have done a letter of appeal and attached it. I have left out details that identify, so this is the body of the letter only. Please let me know of any areas of concern etc.
  15. Many thanks for your reply ims. I have been going through the paper work with a fine tooth comb, and one paragraph in the refusal to pay out the PPI letter states: Exclusions - you were affected to some extent by the unemployment cover of your PPI policy. However, the extent of the affect meant that there was no impact on the suitability of your policy because your identified needs for the remaining policy benefits. This is all detailed in the PDF file on my first posting here on the 17th of April. This seems a ridiculous comment to make, as if you cannot claim on any one part of a policy, how on earth can it be deemed suitable because the rest of it is ok, and then one of the very important aspects you wanted covered, your employment status, is not actually covered at all even though they have listed on the requirements to be covered - unemployment?. So we really need to have some advice on how to word our appeal correctly without throwing our toys out the pram, as it does make one very annoyed when you are trying to battle these idiots. Look forward to any replies.
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