as well as some people on here being determined to make CAG an unfriendly place where other people's opinions are not welcome, but hey ho that's another story! So what is the story ? I`ve been absent for a while my self and have been hearing rumours of things not being quite right. May be you can`t say here but I`ve been reading OTR, and have found things there very interesting indeed!!! Good Luck Wanna. Cheers Mark

Brassed I agree totally about the MIF. It is just another tool for getting more out of the customer. If it is an insurance to benifit the creditor, why are we as the customer paying for it?

I`ve been reading some of the recent threads and noticed this `Project` thing. Then there are the ones of us who`s cases have been handed over to Solicitors and DCA`s, while the complaints are still being investigated by FOS. All very interesting, if a little peculiar LOL. Cheers Mark

Bump for anyone!!! Cheers Mark

When did you do the CCA request? How long did they take to comply with your request? Post it up soonest and some one will be along to check it out!!! Although I am beginning to wonder if they are all still alive or have been gagged maybe? Although the copy they have sent you is not signed if it is a `True Copy ` of the agreement you would have signed then it may well be compliant with your CCA request. A `True Copy` being one that has all the prescribed terms within it. That is what needs to be checked first of all. Cheers Mark

Sorry here we go!!! LOL Is that link working? Cheers Mark

Have a look at this. I don`t know if this has been updated at all. It is the OFT`s Giudance on Discounted APR`s and PPI, from 2000 so may be a bit too pld. http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft299.pdf MIF as been the subject of much discussion on this forum for a very long time. My understanding is that it is an insurance that the loan company take out against you defaulting. Some people seem to believe it should only be in use on loans over £25,000. BUT I do remember a statement from a Financial Adviser(or something of that ilk), somewhere on CAG, don`t ask me where, saying that MIF could officially be used on any size loan, but it would be VERY unusual and a waste of time really for it to used on a small amount. So you can guarantee if that is the case the only reason these **** would have it on any agreement would be for their own benefit and not the customers. Does any body know what the fee assessment is for? I have asked this before and never had a definitive answer. APR`s and such are really way out of most peoples understanding I`m afraid. Hopefully the link above will help. Or some one will be along soon my friend, I`m sure. Cheers, Mark May be not a lot of help at all here, but it will bump your thread for further and better people to have a look at this for you.

It wiould be v interesting to know why they offer different rates for taking PPI and not taking it! What are the three different interest rates please. Cheers Mark

WOW!!! What a read. Brilliant stuff !!! Seems a bit of an abrupt end though? Thank you Ladies and Gents. Cheers Mark

Not knowing anything about the letters offering this `New and Exclusive ` service being offered by Welscum. but being in reciept of a letter from a solicitors (Incasso LLP) on behalf of the ****, threatening all sorts of things. I have sent a letter to Incasso asking what right they have to deal with this. Especially as our complaints are still with FOS. They have replied that they have written to their client to make enquiries. Why they need to ask the **** what rights they have I don`t know. Hopefully they have actually purchased this and the **** have told a few porkies to them (cat among the pigeons) LOL. I have also sent a new SAR asking them for all details of all accounts ever held with them. SAR so far only covered the 2 most recent accounts. There are another 5 accounts. I`ve given all the numbers and dates of these accounts. There should be no trouble getting this SAR in full first time, this time if they are offering to sort it all out under this wonderful new system/ project. Should there? LOL Cheers Mark

Is this true? Cheers Mark

PS. What did you say to Incasso in the email? "Abrupt" LMFAO. Cheers Mark

Hi M8. Yes I am not too bad at this moment in time Thank you. The bloke dealing with the PPI side of our complaint as been completely professional and a nice guy to boot, all the time. The one who`s meant to be dealing with the rest of the complaints as, from our very first contact been a waste of space. We could tell from his attitude that it didn`t matter what we did or said, he already knew which way is investigation was going to go. We challenged him a few times, he just got upset. Not once has he done any sort of security clearance. He could have been talking to anyone, and so could we for all we know. On a number of occasions he didn`t have our notes with him. We believe he didn`t even know we had another complaint for PPI until we told him. Received his Final Decision, which to put it bluntly was a total load of ****** wrote and told him we didn`t agree at all. He rang that night at 8 0` clock and was so rude. All he said is do you want an Ombudsman to look at this? That was it, no chance of discussing anything. We emailed him to ask who was now dealing with our complaint,and to tell him we would be sending new information, from his attitude, and how he tried to deflect us, we believe he had not handed it over to anybody. He has reluctantly agreed to accept any new stuff from us until an Ombudsman is delegated. What can you do with that sort of attitude? We need to keep him onside but, we don`t trust him an inch. Cheers Mark

Just proves what a Numpty we`ve got dealing with our complaint at FOS. He said " You do know the **** can chase you for their money, don`t you"? cheers Mark

Yes letter from Incasso saying they are referring to their client and will be in touch within 14 days. r What I wanted to know in my letter to them was, what right THEY believed THEY had to deal with this!!! Why do They have to refer to Their client? Or is that me being pedantic? Cheers Mark

Sorry, just a quick one. The above was re-enforced to us yesterday when we received a phone call from the Adjudicator at FOS. He called to confirm receipt of the copies of the letters from Incasso we had sent. He stated that he is not involved any more with our case as it is awaiting an Ombudsman but he will pass this stuff on when an Ombudsman is allocated. ( what good is that)? He also said in response to the letter " Welscum are entitled to chase you for thier money You Know"!!!! What the *UCK GOOD the FOS are I don`t know. We are certainly up against it now!!! BUT *UCK `EM!!! I`m up for it and back in the fight now. Cheers Mark

Everybody should read at least some of this thread. It relates to how things have recently changed for the Original Creditor and how they can now go about debt collection. All the things that the **** couldn`t do a year or so ago, when we began our complaints Odyssey, they can do now. http://www.consumeractiongroup.co.uk/forum/showthread.php?240186-Dissecting-the-Manchester-Test-Case....&highlight=manchester This is part of the thread that i think concerns us the most. May be I am wrong and totally out of order. I don`t want to cause any body to regret anything they have done in pursuit of these **** *ucks. I have stopped paying and will not pay anything more until a court decides if I am right or not. This is not such a worry as to change everything we do, because if my reading of the `Manchester Cases` ruling is correct, with out A `Properly Executed` agreement they can not enforce it even in a Court of Law. That is still down to the `Judge Lottery`. What I do think is, that these changes are fundamental to a lot of the `Stickies` and threads on CAG, which were promulgated before the `Manchester Cases`, and which are the source people get their information. People are taking the OFT and Trading Standards advice as sacrosanct and this is obviously no longer the case. This also changes, in my view drastically, a lot of the letters in the `Templated Letters` in the CAG Library. These along with the `Stickies` need to be looked at by the Site Team and made more pertinant to the situation as it stands now. "And if and when the s78 breach is cured, the creditor may sue him and recover all outstanding amounts. Moreover, during the breach period the creditor can still report the debtor to credit reference agencies (“CRAs”) without the need to tell them that the agreement is currently unenforceable. It can demand payment from the debtor or instruct a third party to do so and can issue a default notice. None of that constitutes “enforcement”. The only restriction on the creditor is that he cannot, after starting proceedings, obtain a judgment which enforces the agreement. So he cannot obtain a judgment sum, a charging order to enforce that judgment or make the debtor bankrupt". Cheers Mark

Bebobebo you need to clear your PM`s!!! Cheers Mark

Cheers MARK

However to nail the lid down on this one: A certified copy of the debtors true signature would help! This could be provided by a declaration from a Solicitor, the same method from a Bank, or if possible a handwriting expert could be used. postggj apparently had a handwriting expert look at his signature on documents provided by Welcome Finance. He can confirm the outcome if you contact him. I can`t remember the details but I believe it cost about £200. Cheers Mark

Sorry I can`t help with figures, that is for better minds than mine. LOL But at least this will be bumped up again now. Have you checked back with post? Find out how confident he is with his own figures. They are normally spot on. Cheers Mark

If McGuffick is rightly decided, the effect of the unenforceability provision is as follows: the contractual liability of the debtor to pay any sums due or falling due by reason of his use of his credit card remains. It is not the case that the creditor’s rights to payment were never acquired or that they were extinguished. The result is that if the debtor stops paying during the s78 breach period, interest will accrue. And if and when the s78 breach is cured, the creditor may sue him and recover all outstanding amounts. Moreover, during the breach period the creditor can still report the debtor to credit reference agencies(“CRAs”) without the need to tell them that the agreement is currently unenforceable. And if and when the s78 breach is cured, the creditor may sue him and recover all outstanding amounts. Moreover, during the breach period the creditor can still report the debtor to credit reference agencies (“CRAs”) without the need to tell them that the agreement is currently unenforceable. It can demand payment from the debtor or instruct a third party to do so and can issue a default notice. None of that constitutes “enforcement”. The only restriction on the creditor is that he cannot, after starting proceedings, obtain a judgment which enforces the agreement. So he cannot obtain a judgment sum, a charging order to enforce that judgment or make the debtor bankrupt. A further element of the dilemma prayed in aid by Mr Gun Cuninghame is that without a s78 copy the debtor will also not know whether the agreement is irredeemably unenforceable under s127 (3) This is the important bit. This explains how things are changing for the Consumer, for the worse I would say. Cheers Mark

http://www.consumeractiongroup.co.uk/forum/showthread.php?240186-Dissecting-the-Manchester-Test-Case....&highlight=manchester Cheers Mark

Roxy you need to start a thread of your own about this. I see you are trying to get help on the Capstone thread and elsewhere. Putting your problem on another thread may mean it will not be seen by the people on the know. This does seem like one that needs specific help. My advice is to start your own thread in the Legalities Section as this is already been through court and further. If that is not the right pkace someone from the site team will move it to where it should be for the best help available. And you can go no where better than CAG for the help you need at this time. Good luck and best wishes Cheers Mark

Love it, what a read, better than any Robert Ludlum Novel!!! A real eye opener into the dealings of these people, And some brilliant input from Cerbs. Cheers Guys!!! Subbing with interest. Cheers Mark