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Everything posted by cds

  1. I think this thread is a bit stale now you would be better off starting afresh with your own story, regards
  2. An electronic contract still as to comply with the prescibed terms and forms regulations, in the meantime have a read through this attachment. cds:) expl to electronic contracts.pdf
  3. non compliance of a statutory request is a full defence in court, send one of to the dca asap. The sar request should go to egg and produce all the information they hold on you including any credit agreements signed or ticked by you, default notices and notices of assignment. get the cca request of quick it gives you some breathing space and should be responded to in 12 plus 2 days, sar they have 40 days. cds:(
  4. have they responded fully to your original s77/78 request cds:)
  5. I think you are barking up the wrong tree with this address issue. cds
  6. I recently broke my own golden rule and had a long chat with mercers barclaycards internal dca, she openly admitted that barclaycard do not keep credit agreements and are unable to produce them. cds:)
  7. I would say no unless it came under cca 1974 as a credit agreement, until they provide the contract with your sig they don't have a leg to stand on. Even if they do send one virgins contracts are decidedly dodgy. Keep all contact in writing in the meantime. cds:)
  8. If you read around the forum you will find threads about gym memberships very similar to your own. My own experience with virgin centered on them denying I ever cancelled my membership after many months of twoing and frowing I challenged Trevor munn, arcs solicitor, to put up or shut up and I haven't heard a thing since. Even if they do send a contract it usually is in blatant contravention of the utccr regulations and they know it. I don't think you will find one case where these clowns go to court just don't let them bully you. cds
  9. looks like a good one to me all the terms are there, did it have your signature on it. cds:)
  10. If the tenancy is an ast and not over 25,000 rent a year the tds scheme applies, you would have a case for return of the deposit and 3x penalty through the courts. cds:)
  11. they must be busy just been to the webpage and the service as been suspended, thanks for letting us know though. cds
  12. Failure to comply with the cancellation regulations would make an agreement unenforceable, however these regs are complicated and vary from circumstance to circumstance. Can you clarify what sort of agreement it is, when and where it was taken out etc. cds:)
  13. You would have to apply to the court to have the original decision set asside, and have a new hearing. In theory it is possible to reclaim monies paid in error. I wouldn't recommend stopping paying any monies you have agreed with the court until you get a positive result at hearing. cds:)
  14. anything that identifies you inc ref no. and barcodes if appl. leave any loan figures on so apr can be checked. cds:)
  15. Does the application form have the prescribed terms if not its unenforceable, I would post it up for better information. Usually oc send all the additional chaff when they know they are on shaky ground. cds:)
  16. if you have the agreement scan it up minus your details, if not you need to cca them. cds:)
  17. For best responce you need to scan up the agreement cds:)
  18. I think that brings us full circle, thanks for the clarification not really that afait with ebay. but original advice still stands to op you've had the money send the goods. cds;-)
  19. Bidding and Buying. As a buyer, you have a legal obligation to complete a transaction with a seller: if you purchase an item through one of our fixed price formats; or b. if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the item is listed in a category under our Non-Binding Bid Policy or the transaction is prohibited by law or by this User Agreement. By bidding on an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid is placed, a clear typographical error is made, or you cannot authenticate the seller's identity. Please refer to our Bid Retraction Policy for further clarification. As buyer, you must ensure that you are legally able to bid for and buy any item that you bid for. taken from ebays user agreement, I was talking from a contract point of view, ebay does claim to be only a trading platform, but the individual auctions that go on there would, I think, be interpreted in court as such. cds:)
  20. In any auction the fall of the hammer means a contract is made, he as to pay and you have to deliver. A delay in delivery, if only short, would not constitute a breach of contract on your part nor give your customer grounds to demand a refund. Refusing to send the goods or communicate with the buyer would eventually give them a case to sue. Can't imagine the police would be interested in this nor a dca. Send the goods and apologise for the delay. cds
  21. why don't you just send the laptop end of story? cds:)
  22. you can ask for a cca at any time as long as there is an outstanding balance and you did not recieve one already within a month previously. If the dca is only acting for egg there will be no notice of assignment (who is it?) most dca will argue you have not responded to letters to make your case look bad if you get to court, make sure you write and send recorded. cds:)
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