This is a good point and is where you must have a good argument. Say Mike220359 (The creditor) has an improperly executed credit card agreement with Paul (The debtor), now over time Mike has given a replacement card to Paul from time to time. With the replacement card under section 85 of the CCA Mike must give a copy of the executed agreement to Paul. If (as u Know) I dont then I cannot enforce the agreement blah blah blah. Now after a further month Mike commits an offence, however enforcement may resume should production of the agreement be produced. If the original agreement was improperly executed at the foundation there is no w

First off welcome to the site. The first thing you need to do is remember however painful or time consuming it is - you need EVERYTHING in writing. Maybe CAB can advise of anyone in your area who could help you with letter typing? Secondly, you need to send off a CCA request to Moorcroft to get a copy of your credit agreement. It is highly possible this cannot be found. If so no-one can legally collect the debt. now this bit courtesy of CurlyBen Courtesy of Curlyben First NEVER talk to these "people" on the phone as they will try and get you to agree to anything. Before you even think about making any sort of ac

This is something I've touched upon on other threads and something I've been thinking about for a while but now decided to have a go and see what happens. The credit reference agencies, like any other data processor, have a duty of care to ensure that any data they process is accurate. So what happens if we serve them a notice under section 10 of the DPA to cease processing data of a defamatory nature unless they can prove it's accuracy (and merely accepting the word of a third party cannot be proof of it's accuracy). I want to (and plan to) find out what will happen and how the CRAs would respond to a legal challenge to the authent

My sarcasm really is better than yours. That was a woeful and childish effort. Please never let it happen again. PJ

Originally Posted by Lula before you go running off after scanning these docs, I think that the time has come to wait for the OFT case, Me and Lu are best buddies. ...................that's a shame......i was trying to get you to scan all 29 pages;)

My claim with CAP1 had been going on for some time and had various elements to it as time went on - this meant I had to change the Particulars of Claim part of the way through my claim as matters changed. My claim was about unlawful charges, interest, PPI, Default Removal and I had asked for a copy of the CCA and had been sent a copy of an application form and a copy of a leaflet containing T&C's. (not at all what was a CCA at all). Cap1 had repaid the charges into the defaulted account and were arguing over the default removal. My line of thought was if there wasn't a relevant CCA to the account then Cap1 should never have plac

Be in no doubt, this reaction has been brought about by the success of entities like the CAG. The whole debt industry is underpinned by commission based sales advisors selling debt in the form of loans, credit cards and mortgages. These salespeople get a very small basic wage with promises of huge bonuses for securing these sales. Is it any wonder then that few questions of affordability are asked? Further, is it a surprise that some advisors will lie or ask clients to lie in order to secure the loan in question? The advisor will then try and bolt on some form of astronomically expensive insurance to cover the loan if anything unfortu

where did you buy the car from? the SOGA will protect you from minor defects, but as with everything there are time limits which aren't written in stone.. in addition, it would also depend on what the faults are, the age of the car etc..... anyhow, enough with the negativity!! the main thing you would have to prove should it go further (i.e. litigation or court) is that you have given the retailer ample opportunity to rectify the faults and/or discharge himself from the legal obligations set out in statutes. the sales of goods act basically states that the goods have to fit for the purpose, free of defects etc AT the time

A lot of agreements on here are missing the creditor's signature which means the agreement is improperly executed and only enforceable by the order of a court. My question is, if the court's decision was to enforce the agreement would it be retrospective, or could we argue that whilst the agreement was improperly executed the contract could not be enforced so there was never no legal entitlement by the creditor to apply interest. Would the creditor only be allowed to enforce the agreement from the date the court makes the deceleration that the agreement is enforceable. Paul

long time since i had anything to do with them (infact so long ago i was at the opening nite in manchester with george best and malcolm macdonald lol) there is still a link with a number on for the manchester bar, Idols Bar, Manchester - Manchester venue review - Itchy Manchester Guide im sure someone there will put you in touch honey x

I think that much of vandermerwe's experience is typical of an attitude that is too prevalent in the NHS - that because it's free, one should not complain. Let us not forget that it's not really free; we all pay for it through our (ever-increasing) taxes and National Insurance contributions. The staff don't work there out of some philanthropic desire, but because they are paid, as in any other job. I don't see any reason at all why 'service-users' should expect anything other than the highest standards - of clinical care, of cleanliness, and of respect and courtesy. My job involves me in seeing patients in NHS hospitals quite ofte

Hello All:) This is what I have :- Card Services Lloyds TSB bank plc PO Box 13130 Brighton BN1 4UZ Tel : For general enquiries : 0870 010 6909 Hope this helps.

Hi Scaredy cat - don't be scared you'll find the strength once you start finding your feet and getting the letters detailed above out:) I was getting the same amount of phone calls lastyear and it can make you start to feel ill. At the time B.T. offered me a free service called Choose to refuse. It's totally free for the first month and when the debt collectors phone all you do is simply put the phone down and put in a three digit code afterwards n they get an auto mated phone message telling them you do not wish to speak to them - it's like magic PLUS I always think it's best to have everything in writing from these companies and I've l

You are correct Paul as per usual:p

The Statute Barred letter is a clear dispute of the debt. If you are concerned about there response, put a timelimit on the letter. Try something like this one the end. Gives them a clear picture as to your position.

If any of the creditors do have the legal right to chase you for the debts, i.e. the CCA request doesn't prove fruitful you CAN contact The CCCS to amend the DMP and include your newer creditors.

Sending this off will not make matters worse. You are taking control. As previously said NEVER speak to them over the phone. CCA the DCA and also SAR the RBS at the same time. When you have done this, it is a waiting game - waiting for them to make mistakes! If they do not come up with a properly executed CA they cannot claim the debt. It's not exactly wiped, but no-one can collect a debt they cannot prove is yours.If the RBS do not give you the complete sent of records under the SAR they are in breach too. For a CA send off the letter and a one pound postal order with the reason you want the postal order used written on the b

I would have said this would come under contract and tort Edz11. there would have been a contract between parties im fairly sure the failure of the decorator to carry out the work with reasonable skill would be contrary to the supplyof goods and services act 1982 i will ask someone who is very knowledgeable on these sort of things to look in regards paul

Thanks Peter. Supports my view that this won't stop enforcement, but will add to any other issues you have regarding form/content (e.g., missing prescribed terms, etc) in that it will show the Judge the Creditor hasn't executed the agreement properly. I also have to agree that this, on it's own, isn't a reason to prevent enforcement by Court order - unless the Debtor can show prejudice caused. (Which is unlikely) I think I've said as much in an earlier post here.

HI Ther definition in secton 189 of unexecuted is there to illustrate the difference betwween the agreement in its various states of formation. If the agreemnet is not signed by both parties it cannot commence. If the agreement is functioning and money has beena advanced on it, you would have a very hard job indeed in convinceing the judge that the creditor did not intend to execute the agreement as no prejudice would be cause to the debtor in fact quite the contrary. This is where section 61 comes in, this ensures that the agreement contains the various items that are nessesary fot it to be "properly exected" and can be used to

Get your car taxed and insured (far more of a priority if you really need it) and get the letters suggested off. They must be laughing that they are getting you to pay this much on your income.

Hi again BabyHollie Great advice from PriorityOne xx Just a little tip from me; try to keep each lot of correspondence relating to each different creditor in a separate little file or folder, or even just a big envelope if you can. It makes things less confusing in the long run. I had 11 of them and found out the hard way when I got stuff mixed up and had to start sorting it out! (doesn't take much to confuse me ). Make sure you keep all your recorded delivery slips safe too, and receipts for postal orders, as you may need to refer to them later on if anyone is disputing that they ever received your CCA request (as has h

Okay I am going to do what is told but before I send the letter just need to ask a questions. Today I get my tax credits and my mum says it is today I have to pay Moorcrofts £75 and Index £100 shall I get my car taxed and insured instead as really do need this on the raod and at the momnet it is off the road in the garage. Thanks again you are all my starts!!!! I gfeels so so much better knowing I have you lot to help me through all this.

morning all well im here popping in as im full of the flu how are you all hope you are all keeping up your sprits and attacking shabbey wouldnt it be lovely if they would pay us all out in time for christmas esp us with the hardships we are facing esp now chrimbo is comming oh please dont anyone who get a teddy call it M*****d oooppppppsssss!!! well keep up the fight and if i can help anyone or anything in my thread helps you please do help yourselfs take care keep warm hugs abg

Hi There i personally feel the defence could do with a few tweaks and additions when does the defence have to be in exactley? regards paul Between us we can surely write a defence to get this action thrown out , however my only concern is that it is possible the defecne we come up with may be too big for MCOL so it will need to be a paper document sent to the court by special delivery there is so much missing from this defence IMHO and i feel its is in your best interest to give em a knock out blow rather than a slap and tickle we will get our heads together and see

I'd wait and see what they send to you scatterheart. In all likelihood, there'll be added charges, but let's see what they say then we can help you get a fair assessment of what you owe and how to deal with it. xx

Renting from an ex-partner is a very complex issue. It is possible but there are few hoops to jump. These hoops are designed to show to the local authority that you are now living in a separate "households". I would suggest that you call Community Legal Advice on 0845 345 4 345 They would be able to advise you directly on your entitlement and the application process. At the same time, call your council and ask for HB application form or check whether your council has one to download. Sadly- nothing is going to happen by Wednesday; you can however apply to Social Fund (if you are in receipt of IS) to ask for a Crisis Loan {- a

Sorry for bamboozling you with info. Hollie.... it's a lot to take in, I know. Treat each account as a separate CCA request.... meaning that even though you have several with Moorcroft, for example, they need a separate CCA request for each account, in separate envelopes and each by rec. delivery with a £1 Postal Order. If you need any more help at this stage, just shout.

If they terminate without issuing, or haven't followed the correctly prescribed process, the Default (uppercase "D"!) or Termination (uppercase "T"!) are unlawful; Failure of a Default Notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Defendant a counter claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119) You'll find the templates here; http://www.consumeractiongroup.co.uk/fo

hi AC if you haven,t had a reply then yes if their 14 days are up send your letter berfore action stick to your timescales not there,s:D your letter before action regarding your other account look,s fine

Thanks 42Man, i will do that. One question that I've searched for and cant quite seem to find a straight answer to is:- If a DCA has failed to provide a CCA within the timescale given and you are receiving no correspondance from them, then the debt, in effect, still exists, so can they pass the account back to the OC who can then instruct a different DCA to collect? What I mean to say, for example, in this case Ruthbridge cannot supply me with a CCA - so I will report them, however the OC will still want their money so to speak so whats to stop the OC from passing the debt to another DCA? The OC haven't (I imagine) committed an off

Thank you to the anonymous person who gave me a 'click' last night No post today, so nothing to moan about!

Woo hoo! Hadn't received a response from Egg re this last email. Thought i'd just check my acc. anyway and i now have full access again. A direct debit has been set up at the same manageable payment with 0% interest. No DCA to have to fob off again. I'm pleased because pre-CAG i would have just accepted it.

Hi, Grace. Here's the first one..(If you know how much your charges are) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html Then the next........ http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html Have a look at the step-by-step instructions... http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html Regards. Scott.

Quiet Ja-de? Did Tilly go on holiday with Stoned then?

:lol:

Of course you can use my voddy. whoops i meant water bottle.

Hi all, back from hols, I see that dad and uncle sid have been `behaving` themselves. Thanks for looking after them again Tils

Hi ABG, How are you, again I'm sorry I've been away, trying to get my roof up on my conservatory, (short of funds past 2 years, would you believe it due to bank charges!! lol) and what with the weather changing, (can't blame the banks for that!) i'm a bit busy. Thanks for the reputation mark. Anyway, I'm a bit peed off at the moment to say the least as my account with Nationwide has gone awol. I went into cancell ALL my D/D's and S/O's in the middle of last month (October) and thought nothing more of it, I stopped my salary going in from this month and guess what, I got my statement through for October/November and the Nationwide did'nt

Hi Hachi and welcome to CAG. There are a number of things you can do to help your current situation. Firstly you need to sort out a budget, have you done a statement of affairs to show your income and outgoings? Credit cards and loans are non priority debts so you need to ensure that essential bills are paid first. You also need to reserve a little bit of money for things like clothes, emergencies and a social life. Secondly you need to identify if these DCA's have the legal right to collect on the account. You can do this by asking for a copy of the credit agreement (this is required to legally enforce the account), a notice of assignme

having seen simons good news - hope you keep going - I am sure the intervention of th FOS had some influence;) jan

OMG I`m going to have loads of extra baggage charges @ £6 a kilo, Ryanair are as bad as the banks with punative charges. LOL

Hi All, I've made an appointment to see the manager at LTSB tomorrow so fingers crossed. If I don't get a satisfactory outcome and a re-imbursement of these charges then i'll close my account forthwith and arrange to pay off the overdraft at £5 a week. They can chase me for the overdraft fees but i'll reply (sarcastically) with a letter stating that i'll wait for the outcome of the "fees" test case in the High Court before deciding to pay them or not :) . Surely it works both ways Swiss