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Everything posted by Hog29

  1. Thanks for your replies. I just want to clarify if I can challenge their decision not to allow me to sell the flat myself, which has deprived me of the opportunity to fully repay the debt, and, since the flat was only sold in 2013, also come out of this situation with a small surplus for myself. Thanks and kind regards
  2. Hi CAG team, In 2012 my home was repossessed after I could no longer pay the 2 mortgages on it due to unemployment and chronic health issues. My local council had tried to get me into the mortgage rescue scheme, but the housing association involved declined due the the short term remaining on the lease. I had the flat valued by an estate agent and the first lender, Mortgage Express, encouraged me to sell the flat myself, but the second lender, First Plus, refused that offer at the final court hearing, saying it would take too long. The judge granted possession. I
  3. Hi all, If this subject has already been covered, my apologies, but I did not find it. I have had some success with FOS ruling in my favour in the past, but I have never tried to reclaim for mis-selling of PPI when the insurer has settled a claim. I have heard that this might not be a reason for rejection, just because the one instance did not match any pre-existing health conditions. There is one very obvious case: First Plus sold me PPI for an up-front payment of £9,000, although I had postponed the loan application because I had an emergency hospital admission. When they called me
  4. Hi, The FOS has, after more than two years, finally dealt with my mis-sold PPI complaint against Barclaycard, and has found in my favour, as with all of my complaints. This policiy had originally been sold to me by Morgan Stanley, but Barclaycard had later bought the account. I have now received a letter from Barclaycard confirming that I am entitled to a refund of just over £1,700.00, but they have paid that money to the debt collection agency to reduce the outstanding balance. I have been in dispute with Barclaycard since January 2009, because they could not supply me with a p
  5. Hallo again, MBNA wrote to me about a test case at the Manchester High Court towards the end of last year, which, they claim, seems to indicate that financial institutions do not have to provide any evidence of a properly executed agreement, and will render all unenforceabilty action unsuccessful. Is that true? Thanks Hog29
  6. Thanks, Slick, No I have not made the Court Application yet. Do I have to pay anything for doing so? And what about my point that the T&Cs are not true copies? Thanks Hog29
  7. Hi, again, BC keeps sending me so called "true" copies of the credit agreement and then passes the account on to yet another debt collection agency, after previous ones have failed to get anything from me. I am interested in clarifying two points: Since the original agreement had been with Morgan Stanley, can a copy of the agreement/terms and conditions on Barclaycard headed stationary and stating that the agreement is between BC and the other person ever be a "true" copy? The other point is: BC do not know that I have a photocopy of the original agreement, which was sent to me
  8. Hi Usaname, Thanks for your comments. The whole page carries the "Credit Agreement" heading, and, as far as I am aware of, the card provider does not have to sign for an agreement to be enforceable. Regards Hog29
  9. Hi Silverfox, Is the back page of any significance in this matter? Thanks Hog29
  10. Yes, it has a back page, containing terms and conditions. Very small print, but I can figure out with the aid of a magnifying glass, that it shows a credit limit and a range of APRs
  11. I think I just found the answer. The other odd thing about this form is that only my signature and initials are genuine, the other test has been filled in by somebody else. Can't explain that. Regards Hog29 mbna agreement 1.pdf
  12. Hi again, MBNA keep sending me the same photocopy of one my agreements with them, this time the copy is even large enough to be almost readable. But it is missing prescribed terms, such as the amount of credit and the rate of interest shown on the page which I signed. Can I upload a copy for one of the experienced members to have a look at, so that I can be absolutely sure that I am not missing anything? Best Regards Hog29
  13. Thanks, Silverfox, Just to make sure: The page which I signed does not contain any information on interest rates or credit limits. Is that unenforceable? Thanks Hog29
  14. Hi all, I have 4 MBNA cards (originally 1, but they acquired Homebase, Virgin and A&L cards as well). I had PPI for all of them and successfully claimed due to unemployment. The PPI cover has now ended, and, still being unemployed and in arrears, began to receive the usual nasty letters and phonecalls. I requested to see true copies of all the agreements, and received photocopies for 3 of the accounts (except A&L) within the time limit. Although the copies are too small to read properly, it is quite clear that they do not feature all the prescribed items, as per CCA 1974.
  15. Thanks Slick, I have not sent a second CPR letter to Citi. Is it always best to send a second one? Hog
  16. Hi all, Still no reply to my CPR request, 21 days have passed some time ago. Instead I only received a statement of my arrears and default notice, no letter with it. Do I send another reminder, or take other action? Total denial of any dispute. Thanks Hog
  17. Hi all, Had another letter from BC, this time from Customer Relations, saying that they and Mercers were within their rights to contact me for recovery purposes. This department is obviously not aware of my, so far unanswered request under the CPR route or the dispute status. It has not yet been 21 days since I sent the CPR letter. BC is trying to be nice in this letter, offering to help me, keep the complaint in house, and find a solution. No mention of not meeting their obligations and a clear denial of any dispute. Please see also my submission under Citi Financial. I think I
  18. Hi all, I received a new demand from Mercers today. BC must have declared the dispute settled after having sent their useless T&Cs printout, not knowing that I had requested an agreement copy under CPR rules in the meantime. Should I just write to Mercers, explaining that the dispute is not settled? Hog
  19. Thanks Shadow & Slick, I am wondering: As useless as the printout of T&Cs from BC is, can this be called a true copy under the CCA of 1983, since I have never signed an agreement with BC, but with Morgan Stanley? Is that not a false statement made by BC? Also, when I tried to reclaim the PPI premiums from Goldfish (formerly Moragn Stanley), prior to that account going to BC, they sent me a photocopy of the original, signed agreement made with Morgan Stanley. They reduced it in size so much that you can barely read it, but it is clear from the layout that it does not include i
  20. Hi all, BC's Legal and Regulatory Compliance Dept has finally replied to my request from January, stating that the copy of T&Cs they sent last week meets their obligations under the CCA of 1974 and 1983. Shall I request again, this time under CPR rules? Thanks Hog
  21. Hi all, Finally I have received something in writing from BC (after my original CCA copy request from Jnauary, my default complaint from February and my letter to Mercers from March). What they have sent now is a printout of non-personalised terms and conditions. Where shall I go from here? Hog
  22. Thanks, Slick and Enron, For the moment I think I'll have to write to them, telling them that they have no right to unilaterally declare that there is no dispute and that I consider the account still being in dispute, as before, and that they have failed to respond to my request under CPR rules. Any other suggestions? Thanks Hog
  23. Thanks Slick, yes. That was their reply to my 2nd letter, requesting a copy under CPR. They completely ignored that, instead referring back to their reply to my 1st letter (CCA request), claiming that the non-personalised true copy they sent is all they are legally obliged to do, and then declared that there is no dispute. Obviously I cannot agree with that. They also mention that I could approach the FOS or FLA, if I'm not happy. Hog
  24. Question for Slick, Hi Slick, this does not concern this thread, but I have posted a new message in the Hog v Citi Financial section last week, but nobody seems to have noticed. Do I need to do anyhting to get new posts noticed? Thanks Hog
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