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Mark Wilson

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About Mark Wilson

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  1. Today I have had a letter regarding my ongoing dispute. I have a copy of what I signed and on it the agreement makes no reference to the cca and is completely unenforceable as it stands. Having spent 3 yrs holding them off today they have responded: They have no evidence that an agreement exists but as I used the "credit card" I am deemed to have accepted the ts and cs that accompany it!!!!!!!!!! Oh really... They say the account can only be in dispute if the transactions were not made by me, ir fraudulent They have provided wescots number and told me to get on and be payin
  2. The attached agreement is subject to chasing by a DCA. I have stated that it is unenforceable, they have asked me to prove it!! Am I still correct in saying it is unenforceable and if so, why? They say Sainsburys solicitors say it is fine as it is, of course they would! Since the McGuffick case, what is the current stance on the validity and enforceability of debts like this? sainsburyfinanceformblank001.pdf
  3. Thought I would provide a further update. What concerns me here is that my emotional rollercoaster is being driven by an organisation that saw fit to lose £24bn, took our taxes to bail it out and then feel it has the right to advise us on how we deal with adversity!!!!! Things have moved along a bit since my first post... My mortgage tracker ended and went to SVR so my payment shot up by over £400. When resolving part of the arrears the Risk Unit told me I could do nothing about my mortgage "Product" unless my account was up to date. I said, finding £472 pm instead of £88 was
  4. When you fall outside the protection of the CCA then you are at a lenders whim as to their ts and cs, which is why every signature box contains the words "I have read and understood" etc, when many are simply rushed through down to the bottom line. Aside from any of the individual vagueries one company may have over another, no-one would expect a detail that is contained within a leading lenders document to expose the customer to a huge potential threat to their home where the balance of control over payments, rates and so forth is not set out in a mechanical manner but one which gives t
  5. With my current agreements, they are posted in and around the site on various threads.... In summary: NW and RBS have failed to provide agreements and those accounts are in formal dispute HBOS - Sainsburys Visa - missing prescribed terms, unenforceable HBOS - Sterling - an old agreement and seems fine but no-one is chasing!!!! MBNA - they accepted an offer of £1300 against a balance of £5400 before I came across this place and that was a fair result in my opinion! As is rightly pointed out, this is all stuff we can undertake ourselves if a lender is clearly breach
  6. I have been called a number of times by Claims Cos asking about credit cards and claiming they could be unenforceable. Aside from the traditional paths many of us have trodden they have quoted instances that are new to me and wondered if anyone else could shed any light. Their primary claim is that if each time the lender has raised the limit on the card and not provided you with a new agreement to sign then this would render the agreement unenforceable. The rationale included in this is the process through which the lender has gone to ascertain your suitability for further credit (i
  7. Fundamentally you have regulators running scared about the impact of deciding against the "second charge lenders". The interest rate clause is not just FP specific but is mirrored across the board from my knowledge. AS long as FP can say they are acting "efficiently, prudently" or trying to be "competitive" then they can do as they please to their interest rates. Going forward, we are at the bottom of the interest rate cycle. They will produce their accounts for last year shortly which should show them returning to profit due to the gap they created between interest income and expens
  8. The key points that we all refer to are the same. The reason we are able to justify UTCCR is also based on their trading performance. I will copy relevant info below. The charts that many have put together show that upto the a couple of years ago, their rate movements mirrored movements in base rates, their letters indicated "changes in base rate" etc whereas now they have simply used the wording "changes in our costs"....their accounts show that their £3.5bn loan facility with Barclays is linked to BBR and thus their greatest cost, ie their own interest bill has plummeted. Link
  9. Finally made some resolution with NW They insisted they had never had my notifications of payment. One I can understand but 5!!! Anyhow monies were trf to mortgage and the account is no longer subject to termination (as long as I pay it!) The joint account - I have been and removed my name so that it is in wife name only and this means they can de list it from me. She has no NW debt, mortgage only in my name so there is no threat now to that account from setting off. LOan and my personal account - been passed on to collection. Agreed it was the best way as I was never going to a
  10. My feeling on all of this will centre around the ability of the customer to exit the contract. A loan agreement has a cancellation clause, you are allowed to settle at any time and thus if you do not like the "price" then take your business elsewhere. That is easier said than done and 2nd charge loans are situated in the subprime definitions of the market. Rule of 78 makes settling penal, the mass withdrawal from lenders and changes in house prices also makes the ability to escape nigh on impossible thus they have a captive audience and they know it. Legally they will argue that the
  11. I am fully onboard with the rationale put forward in this thread. As a First Plus customer, I have complained to the FLA, FSA, OFT and FOS with regards to their actions: Putting repayments UP when base rates have plummeted Clearly breaching UTCCR regs by maintaining high rates as their own costs have lowered, in an attempt to add gain to their bottom line. This is clearly forbidden in regs with contracted customers. Refusing to answer clearly how their interest policy works in order to gain an understanding for the remaining time period of the loan Completely dismiisin
  12. To add insult to injury I have called the bank today and demanded a call back, to be told "Sorry we are a bit busy with month end and bank holiday so no idea when you will be called back". The tone with which I was spoken to was so condecending it is untrue, is this the way our government owned bank is happy to deal with our emotions?
  13. I arrived home yesterday to find a letter from NW terminating my current account, reserve account, loan account and demanding repayment of the mortgage, default notes sent on all. I have been experiencing difficulties for a long time now being self employed and was placed in the hands of their "special measures" people late last year. My current account was a Private Banking account, though when I was last in special measures the bank returned me to "Call Centre" banking. In May they started to charge me £30 pm for the privelege of Private Banking and with income tight, one month, th
  14. After nearly 2 years of chasing and "account in dispute" stuff, a DCA sent me over some pre printed ts and cs for the Sainsburys VISA account. When I said I wanted to see the form that I signed, I was sent the attached. Can anyone that is well informed, let me know if the document they sent is enforceable or not? sainsburyfinanceformblank001.pdf
  15. One of my DCAs, Hillesden (DLC) has taken on my Sainsburys Visa debt that is in dispute following a failure to supply copy enforceable agreement. They did supply a copy application form that is missing many required elements but nothing more. The DCA does not know that I have this form. When they started to chase I told them "account in dispute" etc and they promised to send the info from their clients. 2 motnhs later a letter arrives and in it is a credit agreement, that is not announced as reconstituted but nor is it anything I have ever seen before and is essentially just ts and c
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