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    • Hi Lolerz Thanks for replying to me, yes I've been ignoring her & will continue to do so. All she keeps saying is they want to come up with an amicable settlement. Keeps saying this to our receptionist she shouldn't be saying this to a receptionist or even me in the first place as they have given no proof of anything no IP addresses noting just keeps saying about an amicable settlement.
    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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attention all RBS/Natwest customers regarding loans and credit cards


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Hello,

 

I would be extremely interested to hear from all caggers regarding their experiences of obtaining true copies of their credit agreements after sending a legal request under section 77/78 of the cca 1974 to the rbs/NatWest.

 

It is my experience that they are extremely reluctant or have mis-placed, lost, disposed of these legal agreements.

 

If enough evidence from customers is obtained, it is my intention to provide this evidence and submitted a mass complaint to the oft and the fsa, and hopefully, rather than tell us they will not investigate individual complaints, but pull their finger out and really investigate this matter and fine the pants of them:grin:

 

Individually they run us around in circles, but a large complaint they will have to listen

 

Thanks in anticipation:grin:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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You've got my support. I'm 2 years in to this very problem myself and now off sick from work because of it all. I cannot begin to tell you how ill it's made/making me. They've even forged the agreement and I can prove it.

Where's Martin Lewis when you need him.

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Thanks for your input:grin:

 

Can you tell us a bit more about your trouble with them please do you have a thread on the matter.

 

I have further noticed that even if they admit that they do not have the credit agreement they are restructuring some of them.

 

Info from the Sticky by bankfodder

 

 

How trustworthy is your bank? | Money | The Guardian

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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You've got my support. I'm 2 years in to this very problem myself and now off sick from work because of it all. I cannot begin to tell you how ill it's made/making me. They've even forged the agreement and I can prove it.

Where's Martin Lewis when you need him.

 

 

I've pmd you my contact number.

 

Regards

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 2 weeks later...

hiya hellhasnofury

 

count me in too, im just about to request a Sars for a credit card account and for virginone bank/mortgage account, and i will send also as seperate the cca request for the credit card account mint.

 

will do my threads and come back and edit this post for you to check on my progress if that helps you and thats what you are requesting

 

take care ciao for now maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 2 weeks later...

My CCA has resulted in the same lack of response. Today they have written to tell me they only need to supply copy of current ts and cs and NOTHING that resembles my signed agreement. As this account is quite old my belief is that they would struggle to find it and even if they did would find it unenforceable.

 

I will be replying to them accordingly once I have been given suitable wording as I have now registered being in dispute.

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My CCA has resulted in the same lack of response. Today they have written to tell me they only need to supply copy of current ts and cs and NOTHING that resembles my signed agreement. As this account is quite old my belief is that they would struggle to find it and even if they did would find it unenforceable.

 

I will be replying to them accordingly once I have been given suitable wording as I have now registered being in dispute.

 

The regs do allow the bank to forward just the current terms and conditions if the agreement was taken out prior to 1985. However, agreemets post 85 have to be true copies including t&cs

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I have clarification from the OFT as to what is required..... but it has to be a copy of the signed executed agreement - though they can ommit the name/address and signature.

 

Had Citi try to pull a fast one in providing T&C from 2007, for an account opened in 1996 stating that the 2007 T&C were the executed agreement.... lol... though they have stated their intention to default me, copy of the OFT document has gone to them and currently awaiting their response.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I have clarification from the OFT as to what is required..... but it has to be a copy of the signed executed agreement - though they can ommit the name/address and signature.

 

Had Citi try to pull a fast one in providing T&C from 2007, for an account opened in 1996 stating that the 2007 T&C were the executed agreement.... lol... though they have stated their intention to default me, copy of the OFT document has gone to them and currently awaiting their response.

 

The regs are clear a creditor will satisfy a cca request by sending a copy of the current t&cs if the agreement was entered into prior to 1985, that is if the agreement has been lost and no, they cannot omit name and addresses.

 

 

Regards

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I was only just 18 in 1985 so can confirm my agreement will have been post this date.

 

They have not given me what I asked for, am in dispute and will keep on until they confirm that they do not hold agreements to enforce or provide me with them at which point I will agree a plan.

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Guest flubdub

Hello, I have two loans with RBS. I have sent CCA requests for them both. They have admitted that one CCA has been 'mis-placed', and when they sent the other one, it had someone elses signature on it and is clearly not mine! Iv complained to OFT, FOS and Informasion Commisioners but OFT said they couldnt help because Im a consumer.

Will help any way I can!

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Interesting reading:D

 

http://www.fsa.gov.uk/pubs/final/rbs_12dec02.pdf

 

Get complaining:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Thanks for clarification paul, do you know the specific regs that dont allow them to omit the name/address on an executed agreement.

 

Was always under the impression that under the Consumer Credit (Cancellation Notices ad Copies of Documents) Regulations 1983 they were allowed to leave out certain details such as name, address and signature/signature box. The OFT reference this in their response to me regarding what Citi have sent after a CCA request.

 

Good point on Terms & Conditions being sufficient for an agreement lost prior to 1985, compiling as much ammunition as possible before going to my MP with my problems re: Citi.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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