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Nomore Baloney

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Everything posted by Nomore Baloney

  1. I'm having 'dialogue' with a DCA re a Debenhams store card taken out in the late 90's. I have page 1 of an application form which has no prescribed t&c's, whilst p2 which has miraculously appeared recently is apparently the terms and conditions which were on the back of the app. It looks a bit wrongly spaced to me, as though something has been added at a later date. Now as far as I remember (just 13 years ago!) the application was in brochure form and did not have t&c's on it. the T&C's they have provided mention nothing of the interest rates charged or their procedures upon a default. I would post it up for people to take a look, but my scanner is unable to make a clear enough copy. Has anyone got an original example of the Debenhams application or can they confirm what it looked like.
  2. I'm having a bit of a do with Debenhams at the mo, did your agreement have t&c's on the reverse? They have sent me some, but the page 2 looks a bit fishy to me. Mine dates to 1999.
  3. I've set up the Post Offices Keepsafe service whilst I'm away so no worries on that score.
  4. I'm just about to send off the SAR. I'm a bit undecided whether or not to inform them I will be out of the country from next week until late August. I don't want them sending me some demand whilst I'm not there to sort it out. Any thoughts chaps?
  5. I've checked back in my files and it was for a Marbles credit card that HFC made me take a loan out for, not Goldfish as I thought, although they were both HFC products. I was paying a token payment to Goldfish but stopped several years ago. This is the first contact in over 4 years with anyone related to that card. I'll send the SAR off on Monday to Westcot, and as people suggest, see what happens. Cheers for the advice. PS, RESULT: 1st credit were chasing my wife for £7500 but have now indicated they will discontinue their ccj which they had issued. Thanks in no small part to CAG. Thanks.
  6. Would it be best to to a CCA in the first instance and then a SAR?
  7. I guess that's the smart thing to do at this stage..
  8. A certain debt collection agency has floated to the surface regarding an ancient Goldfish card. It was taken out in, I think the late 90's but when I encounterd difficulties in the mid 2000's I started making token payments. Now as far as I can remember, HFC owned the card/debt and in 2008 I made an arrangement with HFC bank to consolidate that debt into a loan agreement. (I know, I know, but I didn't know anything back then!) HFC have no idea what the loan was set up for allegedly, and I have no paperwork remaining to prove it. How do I get rid of this collection agency? I have a further issue in that I'm out of the country soon for a month so wont be able to respond quickly to any nastiness from them.
  9. In the event of agreeing to a Tomlin order or succumbing to a CCJ, has the court the power to have any details of my wifes income for their consideration? I'm basically unemployed and she's not.
  10. There was no way of identifying where it had come from. Postie said it would be taken back to the depot and probably destroyed as they couldn't trace it. When you say 'oldest trick in the book' do you mean to prove i live at that address?
  11. Luckily I'm on good terms with my postie, he's a nice guy.
  12. I have found our postie and he has taken the letter back and marked it refused on his electronic logger. Haha to whoever was trying to be cute..
  13. I have just had a recorded delivery letter sent to me . The address was handwritten and inside was just a blank piece of paper. Somebody is up to no good, so how do I find out who sent it?
  14. The Tomlin order has been signed with annual reviews every November based on an I/E form. Have they any right to a comprehensive and detailed breakdown and also details of spouses income and outgoings?
  15. Well i appreciate what you are saying, but maybe I would be 'daft' to risk a CCJ with the additional costs and aggravation that would make me liable for. I have negotiated a substantial discount off the 'asking price' already. If I miss a payment I have 14 days to rectify the missing payment, which is a nominal amount anyway. I have (touch wood) got rid of several large debts with the aid of CAG, so to get hit for just one is not too onerous in the scheme of things. But thanks for your positive advice.
  16. Hi, I was just asking for opinion on the wording of a particular facet on the Tomlin order : e.g. Court costs if they (the DCA) want the court to adjudicate. Whilst I really appreciate your interest, at the mo that's all I need to know about at the mo. http://www.consumeractiongroup.co.uk/forum/showthread.php?308720-jon888999-vs-AK-***Settled-Via-Tomlin-Order-*** My circs. are broadly similar to this thread if that helps. Thanks.
  17. They are a very well known team on here. To be fair, the actual agreement looks fairly robust, even though it dates from 2004, the only possible chinks in their armour would appear to be things such as method of delivery of assignment, no termination of agreement. They have stated that they will address those matters by way of pro forma docs and affadavits. All shaky ground I suspect these days with the legal system appearing to be happy to ignore the strict law and use a near enough approach... Its been dragging on for about 5 months now with lots of stays to negotiate a settlement.
  18. I have been fighting with a charming bunch of solicitors acting on behalf of an intransigent debt collection agency. I showed the agreement to a firm of solicitors who act on a no win no fee basis and have a really good reputation. They said they were unable to take the case on as there was not a reasonable chance of success and having been issued with a County Court summons, my best move was to settle by means of a Tomlin Order. Now whilst i understand the basis of a Tomlin order, part of the draft agreement requires annual reviews on the basis of the scrutiny of an income and expenditure form. If no agreement is made on the annual review amount then either side can take it to the court for a judge to determine the ongoing repayment amount. Who would be liable for the court costs? I am just very wary that they will try and force an amount we cannot afford and attempt to bully us into agreeing rather than be liable for court fees. How do I prevent that situation occurring? Thanks.
  19. Well in my opinion (not that thats worth a lot!) the paperwork they are passing off as 'the agreement' looks like it is a cut and paste job. In its original form it was at best a double sided flyer, yet the terms they appear to have pasted onto the back refer to attached t&c's as well. As you probably are aware, none of those card applications EVER came with an A4 7 page attachment. Its a bit late for them to try and reconstitute an agreement as they have told me that the info they have sent me is a compliant true copy.. So it appears to me thatthey are leading me to false conclusions in a direct response to a formal CPUTR request. Additionally, as there are lots of posts on here with DCA's passing those printouts of a microfiche as compliant, there must be a lot of people who have been mugged. Wasn't it a part of the Waksman judgement that the DCA's could not provide a copy of a copy which a copy of a microfiche is?
  20. Reading the back of the MBNA agreement, which IS pretty illegible as a matter of fact, it states: 'Set out below are the important financial and related particulars taken from conditions 1 &2 of the Virgin Credit Card T&C's. Conditions 1 and 2 and other conditions referred to in these paragraphs and the applicable definitions can be found in the Virgin Credit Card T&C's enclosed which form part of the agreement between us and you.' It states therefore within the t&C's present on their app. that they were effectively an extract from their full t&c's which were enclosed. They were not enclosed - its quite clear that the original app was a one page flyer/mailer. As the version of the full t&c's I have just received run to 7 pages, then the 'agreement' must be unenforceable as the T&c's could not be contained within the 4 corners of the agreement. I have been sent some terms and conditions which allegedly were the ones relevant at the time of signing of the application form. However the interest rates etc are totally different to the ones on the app.
  21. The information in the Kinch v Bullard case refers to 'a notice that can be shown to have been served...' That does not remove the 'recorded delivery' criteria though surely? They would have still had to send it recorded delivery AND get a signature for it.
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