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joemay

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Everything posted by joemay

  1. Hi Donkey - Yes I believe they can offset as you are a director of the business, so therefore you have given a personal guarantee. I suggest you transfer your personal banking else to ensure this doesn't happen. When you dismissed the Director as an employee, did you tell the bank of your actions and he should no longer have access to the account. If you did they have a responsibility to ensure that he is removed from having any access to the business account If you are taking legal action against the director and he has withdrawn the money after being dismissed this would be regarded as theft. Therefore your solicitor should get involved, by writing to the director and demanding he repays all money owed.
  2. Vodka & Tomatoes are great, never had as part of a meal, but consumed with shots of vodka followed by a bite of tomatoe yummmy.
  3. No AC I haven't asked for evidence, just received NOA from Link and the last letter enclosing CCA which states "As you are aware Link Financial purchased your debt from MBNA" plus their notice of assignment also states they are the current owner of the outstanding balance. Should I be asking for evidence or would what they have stated in letters be enough. Can you explain a little as to why I should be asking or getting evidence, I think i'm missing something (not unusual i'm afraid) Thanks again. Joemay
  4. OK i'll be sending the following letter to them if someone could take a look and let me know if it's ok. Re: my request under the Consumer Credit Act 1974 This account is in Dispute . On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account. In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974. The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced. In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection. The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I refer to page 5 of the guidance which states; 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40 Since the agreement is unenforceable, it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages I respectfully request a response to this letter in 14 days I trust this out lines the situation
  5. Thanks AC but what's the next step. I'm not sure what letter to send now as obviously there are so many flaws: 1. Defective DN 2. Unenforceable CCA 3 Link state they bought the account so unlawful recission, but as I haven't rec'd a letter or TN from MBNA, not sure if I should take it as unlawful recission. Guidance on how to respond to them would be great. Thanks.
  6. Hi PGH7447 Sorry just want to clairify - the section on the application (i) as stated above, has been signed by the additional card holder does it make it binding or is it still the original principal applicant who they can chase?
  7. OK Update - Have now rec'd copy of marbles application form, no prescribed terms in it and no terms & conditions. I have checked over letters rec'd from Link and the response from the cca request states that 'Link Financial purchased your debt from mbna on 20th March.' So, they haven't sent original T&Cs they haven't sent enforceable cca and they state they have purchased the debt, so where do I go from here.
  8. Now don't get me on the subject of red herrings:mad: They wouldn't know a cca from a japanese carp thingymajig with a sprout in its mouth. They are slippery so & so's.:mad:
  9. Ok have been sent an Application form and the section for additional cardholder goes like this: Someone can share your account If you would like to share the benefits of the marbles card with your partner or other family member over 18 simply complete the details below bla, bla,bla Now interesting point: I agree to be bound by the marbles card terms & cond (which are subject to change) I also agree that you may give imformation which you hold from time to time about me as an additional cardholder to: (i) any agent acting on your behalf and to the Principal Cardholder as may be necessary for the administration of the card account, enforcement or settlement:-o Unfortunately they haven't sent a copy of the original t&cs so can't check them. Does anyone know if they would have a legal right to transfer enforcement to the additional card holder. My understanding has alway been that principal card holders were always responsible. Could they legally try and enforce a debt with the additional card holder. Any letters statement etc., have always be sent to Principle card holder. As always, all comments and advise greatly appreciated. Joemay
  10. Ah but HF i believe you have overlooked the squash, which obviously cancels out the Brussels, purely by the action of its name
  11. Hi ALR, I think you may want to get this transferred to the legal forum where you're likely to get a quicker response. I have alerted the site team for you.
  12. Hi John, Can't help you with this one I'm afraid but you might want to look in on the following threads which are dealing with unregulated agreements, beachy, carpinjoy & spamalot appear to becoming experts in this area. http://www.consumeractiongroup.co.uk/forum/legal-issues/213604-disaster-m-finance.html http://www.consumeractiongroup.co.uk/forum/legal-issues/212189-help-solicitors-demand-14k.html Good Luck Joemay:)
  13. Very dodgy, surely all the bank has to do is put a stop on your card and cheques, definately sounds like a [problem].
  14. I suggest you start your own thread - highlighting urgent being taken to court in the title. You will need to explain the situation in a little more detail, but not personal info:wink: You should get more of a response. Joemay
  15. Steam boats can be found just accross the pond - Missisippi I believe, but if I'm wrong a more knowledgeable cagger will come along soon and no doubt correct me. Regarding how to keep the slugs of your cabbage's - that's a tricky one, so I recommend you seek a professional gardeners advise. Joemay:D
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