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loachy

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Everything posted by loachy

  1. Hi everyone Hoping you can help me with the info I received from Alex following my SAR request. The account is not in default at the moment but if it is an unenforcable agreement would like to negotiate a full & final settlement with them before it gets to the stage where I can't pay them anything at all. The SAR paperwork I received from them today contains all past statements, a log of telephone calls etc and just this one page application form. Some of the wording is so small as to make it barely legible but it relates to:- (NB This was an online application which I had to sign and post back to them with printed off T&Cs - they haven't sent me any T&C's in response to my SAR) 1. Use of personal information and providing other products and services. 2. Carry out credit checks with a credit reference agency blah blah blah 3. Check your details with fraud prevention agencies etc... 4. Check your identity to proivde money laundering etc 5. Use various statistical methods including the results of any credit checks to assist in evaluating your credit worthiness 6. Contact your employer, bank or building society to obtain any info required. There is then a small section entitled Credit Agreement Regulated by the Consumer Credit Act 1974 which states "I confirm the information given here is correct. I am over 18 years of age. By signing below I have read, understood and agree to all the Terms and Conditions which form part of this Agreement. I request that American Express issues me with an American Express Blue credit card including any renewal or replacement cards. I wuthorise American Express to issue on my Account an additional card to any person named by me as an Additional Cardholder and understand that I shall be liable for all transactions incurred on any additional cards on my account. I udnerstand that the Terms and Conditions are part of this agreement and that American Express may decline to give me a card at its sole discretion." As mentioned I have received nothing else from them. Am I right in thinking it should have mentioned an APR to be enforcable? This seems to me to be just an application form and not an enforcable credit agreement?? Anyone help with where I go from here on this? Thanks
  2. Hi I think I might be well behind the times on this one but am hoping someone can help with my query. I reclaimed bank charges approx 4 years ago which covered just bank charges for stuff such as going over my overdraft limit, refusing direct debits as there was not enough money in the account at the end of the month to cover them etc etc. However at the time I was told that I could not claim back any overdraft fees that I had been charged. I have just seen a thread on here which suggests you can actually claim back overdraft fees plus interest as far back as 1995. Is this correct? And what overdraft charges exactly can you reclaim from them? Thanks
  3. Thanks very much Shadow
  4. Shadow Is there a template on here you can direct me to for a SAR please? Have had a look through the templates section but can't find anything. Is there a fee payable with this request and do I have to specifically request copies of the original agreement or should they just send through everything they hold as a matter of course? Thanks
  5. Hi Received copies of my CCA from Amex and Sainsburys - still waiting on NatWest and the 14 days is up tomorrow. I do not know if what Amex & Sainsburys have sent me is a copy of the application or the true agreement as requested - can anyone help? If they are copies of the true agreements are they enforceable? Along with the stuff received from Sainsburys was a separate stapled document of T&Cs which were not signed and look like a standard set printed from a Word document. The other thing is the Amex T&Cs are date stamped as received some 8 motnhs before the date on my signed application - what's that all about??! What letter do I send to NatWest if I don't hear from them by tomorrow? I have seen the Dispute letter posted around the site but don't wan't to send this if a) they have sent me the right information as requested and (b) the agreement is enforcable. I've also seen other postings on here about making a request for a copy of the original agreement under Civil procedure rules part 31.16 - should I be doing this instead??? Sorry to ask so many questions but am just starting out on this and need a helping hand from someone who has already been through this bit and knows exactly what to do! There is loads of great info on this site but have also read different threads that give conflicting advice (i.e. request under civil procedure rules v request under CCA section 7 so am more than a little confused at the moment - my head is spinning! Also you can see from the covering letter from Sainsburys that they state they will not enter into any further correspondence regarding this so am I wasting my time sending out any more letters to them? Any help anyone can give to any of my questions above would be appreciated - really need to get things moving on this asap. Thanks
  6. Hi Thanks for the links. Have printed off the info and will hopefully get to have a good look through later. Thanks again
  7. I can't be sure because there is noting on this paperwork they have sent me with either a signature or a date on but I think it was around 2004/5.
  8. Finally sussed photobucket so better images are on there now! Hope someone can help me with this Thanks
  9. Hi Received my copy of my CCA from Amex - can anyone help and tell me if it is enforcable or not? and if it's not why not? Not at all sure they have even sent through exactly what I need to tell if the agreement is enforcable. Sent me front page of what says page 1 of 4 plus several pages of T&Cs which are date stamped as received some 8 months before the date on my application page! Also have come across alot of threads where people mention 'Subject Access Requests' - is this what I should really be requesting from my credit card company? Desperately need advice as to what to do next. Hope the image below is better than what I have posted previously - think I'm finally getting to grips with photobucket!! Thanks
  10. BRW Thanks for your help so far. Just to clarify the second attachment is just one agreement. Not sure why they have sent through two applications for the same account as only one amex card is held by him but you are quite correct one is dated dec05 and the other is dated 06 - have no idea what has gone on there!
  11. Hi Thanks for your response. Is there a way I can make them provide me with a copy of the original signed document? I've seen some stuff on here about Subject Access requests - is that what I should do next? I have uploaded the scans to photobucket but I can't add them to this site. I get a message saying invalid link??? I'm new to photobucket so I am probably doing something wrong but I can't work out how to get the link on here - any suggestions? Thanks
  12. Hi Received this response (attached) from Sainsburys today following my CCA request about 12 days ago. Have they sent me the right thing - there are no signatures etc on this form. Should I be requesting something different in order to get a copy of my original signed agreement? If they have sent me the right documentation through is it enforceable? What do I do next? HELP!!!
  13. Hi No - the second attachment is what they have sent through for one agreement- my partners. Just to clarify the message with the attachment named AMEX ALL is mine only. The one in the posting underneath with the attachment entitled AMEX ALL DOCS RCVD is what they sent through for my partners CCA request. Sorry if this has caused confusion - thought I had started my partners in a new thread butobviously didn't! Mine was taken out around 2003, his wasn't until about 2005. Thanks
  14. Hi Further to previous post this is the second CCA received for my partners account. Again any assistance gratefully received as to whether this is enforceable or not. Cheers AMEX ALL DOCS RCVD.pdf
  15. Hi Can anyone tell me if the attached agreement received from AMEX is enforceable and if not what I should do next. My partner also received his CCA from them today which is completely different to mine - I shall start a new thread to attach his CCA to avoid confusion but if anyone can help with either of them it would be much appreciated. Hope I have posted this in the right place - seems to be stuff about CCAs in lots of different places so not really sure where the best place was to post this! Thanks AMEX ALL.pdf
  16. Hi Can anyone advise whether the attached agreement is valid and enforceable please. The covering letter I received from them states "Please see the statements we have sent you previously to validate the debt held" - is it possible that the debt can be held as enforceable because I have been making regular payments even if their paperwork is not in order? Any advice gratefully received Thanks AMEX ALL DOCS RCVD.pdf
  17. Hi all Received CCA's from Amex today for myself and my partner. The agreements are different in each case. In his they have blacked out his signature and I'm not sure the writing for the date is his! Is it normal for them to return agreements with a signature blacked out? I have attached mine here. I have attached all the paperworkthey sent although I'm not convinced it is all relevant. Any help/guidance on whether it is enforceable and what to do next will be gratefully received. I will attach my partners agreement in a separate thread to avoid any confusion! Thanks Pictures by greenr71 - Photobucket AMEX ALL.pdf
  18. Hi all Have just joined today and already picked up loads of interesting info. Am just about to send initial letters requesting a copy of my CCA agreement to various banks but was just wondering if anyone has had any success with American Express, Barclaycard, NatWest or Sainsburys in relation to this. Also when I receive a copy of the agreement where should I post it on this site (under what heading or should I just start a new thread) so that others will hopefully be able to assist me with whether or not it is enforcable. Many Thanks
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