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About marc.w

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  1. thanks for advise Steven, will go with that. Have many CAGers won in this way? M
  2. Hi, My story is very similar to others that i have read on this forum. - requested CCA - Egg did not respond in required time - Sent account in dispute letter - Egg sent through unenforceable CCA - I sent account in dispute because prescribed terms not included in application form. - Egg sent default notice - I sent letter not acknowledging default notice as acount in dispute - I sent CPR - Egg terminated card stating sending onto DCA. Basically, my qustion is what should i do now? What are other doing? I have a similar story with my egg loan apart from they have not got to the termination stage yet and they have sent 2 x default notices? M
  3. thanks Slick. Yes i am only speaking about my Ltd company credit card. I probably do have all my statements somewhere, will have to search my garage as moved recently and all files are boxed. I take your point regarding contract law governing and what the judge will look at. Best i start getting back on track with them! I will post up agreement anyway later today to see if it throws anything up. thanks M
  4. Slick, I can definately claim for unfair charges. Barclaycard ar still charging £30 per late payment/over limit fee. The application is dated March 2002. I assume the best thing is to SAR them?
  5. thanks for the info Martin3030. What i am confused about is if i have no protection under CCA 1974 then what am i protected under, surely there must be some Act that covers limited companies or is it just the agreement/contract that the company enters int?. If it is the latter then all i have signed upto is an application form that is pretty illegible, has no interset rates, payment dates. The only reference to credit limit is that i have requested a figure. I also think that it is a microfische copy as it has funny numbering down the side. I will try and upload application form tomorrow so that you can take a look youreself, if you don't mind? (Although i am am not sure how well it will scan). p.s. I have just read the agreement again in finer detail and it does refer to the Consumer Credi Act 1974 so i am now totally confused. Also, reading the covering letter from Barclaycard commercial it states that i am not covered under this section (78) not that i am not covered under the CCA 1974. So basically still confused. Any help would be much appreciated.
  6. Hi Slick, Thanks for the response. I am trying to get a copy of an agreement on a personal barclaycard at moment, so i am fully aware of Barclaycards tactics. I do not clear the balance each month so i will look at any reclaiming charges. The reason that i ask about the CCA is that i requested one and received an application form with no prescribed terms on it, but Barclaycard stated in their covering letter the following:- "I note your reference to section 78 of the consumer credit act. If i may explain, as the account you hold is for a limited company, you are not covered under this section of the act. Therefore, we are well within our rights to pursue any unpaid debt, as per the terms and conditions of your account". I have read the CCA 1974 and can only see reference to personal details not companies - is this correct, if so what act do i have to refer to or are Barclaycard just trying to confuse me? If they are it is working. Please help!!
  7. I have a Barclaycard Business Credit Card through my Limited company. Can anyone advise if i can CCA them to see if i have an enforceable agreement or do they work under different type of credit agreement?
  8. Hi Carpinjoy, i have the exact same application form from Skycard and have been arguing the case as they have not stated a credit limit it is unenforceable and that it is not signed by the debtor. I was in the middle of drafting a letter stating case law below when i saw this thread:- I refer to the case Central Trust Plc V Spurway [2005] CCLR,where HHJ Overend states 24. In my judgment, the passages of Lord Nicholls’ speech cited by Mr Say persuade me that: (a)The amount of credit must mean credit in its technical sense, and (b)That although the use of the word “credit” is not prescribed, there should not be any confusion in the mind of the lay reader as to what the amount of credit is. This is my first post, although i have been a member for quite a while, and picked up some very useful information. I am now in a quandry as what to do now as i have seen a lot of Shadows postings and he is much more knowledgable on these matters than i am. I would appreciate his/anyone's opinion on this?
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