ooooooooooooooooohhhhhhhhhhhhhhhhh poor tilly. My god that was fast, only just saw it fly over your head. Gonna have to go now, I'm starting to fall asleep now, my tablets have started to kick in. Nite, nite tilly & SSL, catch you both tomorrow all being well. xxxx

The CCA has been amended by the 2006 Act, but an application form will always be an application form and the areas of the Act that make an agreement unenforceable even in a court of law (s127(3)) still stand. The 2006 Act is not retrospective, so if your agreement was made under the 1974 Act then it is the sections of the 1974 Act that apply to your agreement.

Moi....winding people up??? Nooooo:eek:

I dont mean the new dca's, I will chew them and spit them out when they turn up, I meant the money I had already paid moorcroft

hey, I'm a regular on a debt forum... who said I had any money? I'd be putting barclaycards money where my mouth is:) (Luckily, I know that Barclaycards credit agreement is unenforceable... because I still have a copy, LOL:)

groovychickmum - that's proof of postage and that's free!

ah but even that didnt stop me yakking had my phone lol a chair and music lmao

I have a nasty feeling that as the debt is so old, Next will simply say that all information has been destroyed. I'd be more inclined to go with P1's idea here in regards Next. Certainly send them a SAR non-compliance letter and demand their complaints procedure and go from there. (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html) Hey if they ignore you again take it straight to the ICO and FOS for action. Now with GPB, I'd SAR them and consider a serious complaint to the Law Society for their "lies" and total misinformation. Of course if you do want to take Next to court there

Send First Beacon Legal Service LTD a CCA request, this places the account in dispute and they can not lawfully pursue the account until your dispute is resolved. Send it recorded delivery with a £1 crossed postal order. Do not sign the letter. Template is here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N. Quite simply no. Have they sent you a Notice of Assignment?

As I see it.... you have a choice with the SAR, Nanna. Either go through the ICO for non-compliance... or obtain a Court Order to force Next to comply. If you get a Court Order and they still don't comply, they would then be in contempt of court. All of this is unlikely to address the subject of compensation though.... it will merely force them to cough up all info. that they hold on you. Have you made an official Complaint to Next ?... asking for their Complaints Procedure ? If not, it may be worth writing one now... giving them the necessary time to deal with it and if/when they fail to do so.... send the while lot over to th

Yes I agree carry on with your claim. At least then you will be at the top of the pile when the banks LOOSE their test case

Just want to publicly thank you for your very kind pm jade - it brought me to tears :o You are doing a grand job on here - keep it up!

i was wondering how long it would take you

Server seems to have had quite a few problems today. I think they might do some maintenance as its always quiet on a Sunday.

Yup - it is! - it started working about 2.45 and went ballistic:D Ta mum x

Sorry - I've had a nightmare week. Didn't forget you though! Its very unlikely that they will get a stay before the hearing, in fact the letter probably won't even go before the judge before the 7th. Expect them to turn up and argue for one there. Having said that, just in case you can send a fairly short letter to the court stating that you object to the defendants proposal of a stay and therefore they should be made to apply properly or otherwise the issue should be dealt with at the hearing, so as the issue and your objections can be heard properly. At the hearing the issues as I see it will be these; Your application T

seems reasonable enough to me Bilgeman, I hope that it works for you.

what text do i need to add to the letter, to show this has been reported to the i.c.o.

Hello all, In respect of the IC's position regarding what constitutes fair and lawful processing and a creditor's right to continue processing even, in the absence of a credit agreement, the following info might be useful: A data controller under the 1st principle must ensure that certain information is made "readily available" to a data subject, when the data controller first obtains data. The commonest method used by creditors to comply with this requirement is the "fair collection notice" which invariably appears in an agreement which a debtor signs. The information that is required to appear in this notice is: 1.The identit

Not quite right Wilson v sec of state for DTI stated that the Creditor is precluded from enforcing the cca but stated that the DEBTOR can enforce the CCA (or lack of it). If the claimant has repaid all capital advanced under the original agreement then on the question of interest I do not see a court saying in equity that she must pay say 30% interest where there is no enforceable agreement. In equity the creditor has had its original money back. In the absence of an enforceable CCa agreement the creditor is not allowed to sidestep the CCA and use ordinary contract law therefore the argument over what they normally charged for

Pint of Macallan 25yr old then Stone. or a pint of 18 year old in the Jerez cask. That would stone the croze.

well hope oyu are lucky Stone.. I was granted a hearing it it in October.....and I was not asked for a fee either it was vaived..............am really impressed with your letters they are great..............

I asked for same as Blackpool court was one of first two courts to impose blanket stays. Court manager did not accept this, but took N244 directly to judge as timed my filing to last possible moment. (Trick I learnt from banks), He said that maybe judge would agree to hearing or maybe private meeting in chambers. waiting now with bated breath!

Now now Stone I'll buy the lot of you a pint if I get my windfall !!.

The courts in taking a case in equity would take the position of a reasonable person, who would ask: "Did you know you would be charged interest as a result of taking out the loan" "yes... but" "And you didn't dispute the interest rate when you paid it?" "no... but..." "And you haven't got a copy of the credit agreement, which states the interest rate was lower than they charged?" "No... but..." "Sorry, the court is precluded from issuing an enforcement order by virtue of s 127(3) of the CCA 1974, which excludes the court from issuing an enforcement order for either party in the absence of a signed credit ag

Hi We seem to have had a spate of creditors sending T and C,s back from section 77 requests this is unacceptable despite what the TS have been saying recently. The following letter may be of use. Dear Creditor (who is trying to hide the fact that you don’t have an enforceable agreement.) Re: Your recent reply to my request under section 77-79 of the Consumer Credit Act 1974 I note that you have replied to the above by sending a copy of your companies Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act. To clarify: On the 2

Now now ODC That's insulting Gypsies and Tramps

Thank you all for your kind offers of office space etc. I think our legal dept (Gt Aunt Ruth and her knitting) might be better placed in a temperature controlled greenhouse, as things are likely to get a little warm on the legal side. I think this would be the perfect opportunity for a retired Vicar looking to continue 'the good fight', or someone wanting to get their name in the Social History books as a modern day version of Robin Hood, leading the fight against oppressive and aggressive collection techniques. It might just be worth a try

Hiya stone, a man after my own heart will add a lot of your posts into my claim have a look at post 197 on mine think you will find it interesting http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html keep in touch pete

eek what have i done now:eek:

HiYa all, oooooooohhhhhhhhhhhh tilly, I don't know you always seem to get yourself in bother.

Finally received something from the court today. My GENERAL FORM OF JUDGEMENT OR ORDER READS AS FOLLOWS: In the BOURNEMOUTH CC Upon reading the file and upon it appearing that the issues in this case are to be considered in litigation commenced by the OFT against certain banks in the High Court of Justice....And Upon the Court of it's own initiative pursuant to CPR Part 3.3. IT IS ORDERED THAT 1. The claim be stayed forthwith pending the final determination of the OFT test case. Such final determination shall include any appeal. 2. Permission to apply to lift the stay or to set aside or vary this order within 28 day

This sounds like the best plan to me!! Cabot's have been quite comfortable in attampts to throw us all off scent with their irrelevant excuses about LoP and other excuses they cooked up. Seems no matter how reasonable we are in our communications with them - they simply won't give answers. The only way to deal with them is with an N1 claim and make them answer in court. Let them waste their money on solicitors bills for their defence. Personally - I have no intentions of trying to negotiate further with this company - life is too short to put up with this Cr*p. Let the courts deal with them I say - they have had every o

:D

Hello again pulu Details for Thames Credit are: Wells House 15-17 Elmfield Road Bromley Kent BR1 1LT Telephone: 0208 313-0033 If this is helpful to you click my scales at the bottom left (the grey blob between the green dot and the red triangle) Maybe I shouldn't really ask you to as good old Google deserves the credit rather than me. Go to Aktiv Kapital and you'll see Thames Credit occupy three floors at Wells House. I gather Aktiv Kapital has a somewhat malodorous stench about it to CAGgers.

Not quite what was expected, (thought it was a trifle quick) Dear Mr. CROZE Your request for Judgment in the above case os returned because: the claim has been stayed. I already knew that!!

Great excitement. letter from just popped through letter box

LOL:D

Thank you Moneyhelp Lol .. yes recommendations from the places you least expect! Well, i have an update. I received my standard reply letter from the halifax today.....so, will prepare my LBA letter ready to send on the 6th September. Will update on what happens next !!! Thank you all for your support !!!

After thinking it all through I accepted the partial payment from Halifax...... in my case I feel that this was the best decision for me to make. Now on to Capital One!!!

You are all doing brilliant!!!!! What a team!!

offer them 10% "as a gesture of goodwill only, and in full and final settlement of the account"

CONGRATULATIONS!!!!!!!!!!

Hi Nigel- yes- proceed as usual. Please read sticky on OFT if you have not yet done so, and best of luck!!!! :lol:

Hey Chetz:) I have just started the reclaim process with Creation ! I intend to claim for missold PPI and CI on top of the charges, and reading your thread ,it looks like you also claimed for the interest. How did you work out the interest amount on just the penalty ? I am using a spready that Bill emailed me for my Nat West claim as I cant manage to dowload Mindzai's spready:confused: ,would another spready be more suitable for this purpose ? I would like to get all my money back cos Creation are the pits ! On quite a few of my statements it shows a late payment fee,an unpaid direct debit fee and a returned payment fee

This may be helpful to you! http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/68852-ltsb-no-agreement-cca.html Good Luck, Dave.

Fab thanks, thats the reassurance I needed. Ive enclosed a copy of LBA that they didnt have with my rejection letter. Fingers crossed they pay up...although the interest is about 3 times the amount of the charges!