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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

BornAgainBiker

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Everything posted by BornAgainBiker

  1. BornAgainBiker
    hello, there follows an extract of the post #64 Section 65 in Part V of the Act provides that an "improperly executed" regulated agreement is unenforceable by the creditor without a court order. It is common ground that a regulated agreement is "improperly executed" for this purpose if the requirements of sections 57 to 63 have not been complied with. to me ' unenforceable without a court action' (extracted from the above) means that even if a written agreeement does not exist the court can still make an order to enforce the od. Please forgive me if i am being thick, but, if the above is correct, why are we bothering the banks with cca's and dn's when we clearly wont be able force the od's into an unenforceabloe poisiton. i hope to be corrected on my view as i have a very large overdraft which is now with RMA, and i need to get it under my control . BAB
  2. BornAgainBiker
    Hello, can anyone take a look at my 1st credit letter and tell me what they are on about, particularly in relation to the 7th & 8th paras. on the last page. what do they mean and should i be responding ? also, do 1st credit purchase debt or are they just collecting as an agent on behalf of santander, in this case? thanks in anticipation BAB
  3. BornAgainBiker
    cheers Haggis, nice answer, just hope they dont come up with a valid agreement. can you or anyone advise the next step. adca now owns my account, possibly illegally, do i just sit and wait for them to take me to court? and, if they do take court action, and i defend on the basis of no cca and invalid default, are there any court cases showing the result of such an action? just so i can get an idea of what might happen as i'm loosing my bottle a bit, cheers BAB
  4. BornAgainBiker
    Just had letter from mbna apologising for not responding to my s78 request. they said i am still obliged to make payments as confirmed by recent McGuffick v rbs case. i had a look at the case but got a bit lost. the gist (i think) is to do with enforcement, which is not allowed if an account is in dispute. but the judge said that asking for payments is not enforcement, is this correct. if so, where do we stand not making payments? anyone got a view on this. BAB
  5. BornAgainBiker
    of course, suffering there from bit of 'short term memory loss', plus utter confusion, alright now though! BAB
  6. BornAgainBiker
    Cheers H&P, as i suspected. theres no default notice, it hasnt gone that far. i thought i'd try to agree repayment terms with them as they have a valid agreement. would this not be the best approach? BAB
  7. BornAgainBiker
    DLC chased me on phone tonight. i told them the account has been unlawfully rescinded and i've not had reply to my cca request. the bloke spouted that even if invalid termination the account would still be owed? worried now, perhaps i should have refused to speak, what you think. BAB
  8. BornAgainBiker
    hooray, it worked, credit to you MandM, many thanks BAB
  9. BornAgainBiker
    if the above links or images are now viewable, i should be pleased if somebody would kindly give me a 2nd opinion as to their validity. many thanks. BAB
  10. BornAgainBiker
    making a mess of uploading from photobucket. am i trying to upload the actual copy from photobucket of a link to the file. thanks
  11. BornAgainBiker
    cheers vint. nks, is that the mbna account re which you first started this thread about, ie, the one that wrote 11 Jan then 28. if so, its the same dates as mine but they havnt sent a cca. i wonder if now they've located them from their archives, why they havnt copied mine to me yet. hopefully, it is lost! can you tell me what a BTW means?
  12. BornAgainBiker
    thanks vint, i'm sending a letter accepting the unlawful termination to mbna. can you confirm though, why a non existiant cca agreement would not be better? am i right in thinking that even if no cca can be produced, it could still be argued in court that a balance can still exist, allbeit unenforceable, whereas, unlawfull dn's actually terminate whatever contract might have existied making any balance uncollectable, save arrears, which can be claimed but can be offset against any damages counterclaim i may have for unlawful termination. thanks
  13. BornAgainBiker
    Hi, i've got a tesco cca i'd like somebody to give me 2nd opinion on. however, having trouble getting a copy onto this thread. i scanned the document then copied it to ms paint to black out the account details. i then copied it to back to ms word doc and cant seem to get any furtther than this. can someone give me advice, thanks
  14. BornAgainBiker
    Hi, like nks and others i had no cca from mbna and the debt has been sold to dlc. I’ve seen another thread where circumstances are similar, but it seems the advice is to tell the dca to 'whistle' on the basis of no cca. Would this not be the correct ‘tack’ as opposed to stressing over whether or not any subsequent dn was faulty and or the account unlawfully rescinded. If the above were the case, surely we could simply write to tell the dca not to bother us any more as this account remains in dispute, and that we will see them in court, along with all correspondence and phone recordings if they try to illegally hassle. Surely, the dn doesn’t come into the matter, save that we my want to have it in the background at the hearing for the next level of defence, if necessary? Any comments?
  15. BornAgainBiker
    thnaks for responses vint and nks, not sure what vint means by the above, thanks BAB
  16. BornAgainBiker
    hi disgruntled, thanks for that. i just noticed the letter has reference to s.78 in the first para and s.77 (6) in the 2nd. am i right it should be s.78(6) cheers
  17. BornAgainBiker
    why accept a termination: from what i gather, one accepts a termination based on a faulty dn so a judge cant 'wind back the clock' to a point where a creditor can re-issue a correct dn. how does accepting a termination prevent a judge from doing this? also, from what i gather, one of the points we are making in our defence to a judge would be that the creditor unlawfully removed from us the right to repay monthly. if we accept his unlawful termination, how can we argue this point, as it follows we must be in agreement with our right to repay being removed. if this is right, what bearing could this have on a judges decision; could he not indeed decide to 'wind the clock back' to give the creditor another stab at the dn? i've a feeling someone is gonna make a right charlie of me!
  18. BornAgainBiker
    i just had a cca returned with the note they the creditor held no info under s.77 (1) when i looked at cca 1974 i saw why. look it up on wikki.
  19. BornAgainBiker
    be careful, I believe the section S.77 (1) relates to fixed loans. If you are doing a cca for a credit card or overdraft you need to refer to S.78 (1). The second para. above should relate to S.78(6) not S.77 (6). perhaps someone else can confirm.
  20. BornAgainBiker
    thanks Vint. would you say the letter detailed on #26 is an assignment/termination or just an advisory letter following which we should await an assignment/termination letter. ?
  21. BornAgainBiker
    thanks nks22. did you send a letter accepting the unlawful repudiation of the MBNA account, is it necessary?
  22. BornAgainBiker
    the wording of the letter in #26 of this thread says "your outstanding balance due under the above account has been sold to direct legal DTL" if an account is 'sold', it would then become the property of the purchasor ie the new owner. surely then, this make the transfer absolute rather than equitable. or am i missing something?
  23. BornAgainBiker
    Cheers D2007. can you/anyone tell me if the following letter suffices ? do i need to enclose the £1 again? should i send to RMA or Barclays? Dear Sirs Re: Ac. No: xxxxxxx This letter is a formal request pursuant to s.78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR) I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee We look forward to hearing from you. Yours faithfully
  24. BornAgainBiker
    Hi all, re my overdraft: Sent cca s77 (1) to Barclays's dca (RMA) with £1 po. Recieved a letter back as follows, BARCLAYS Barclays Bank PLC Customer Services Personal Banking, Leicester LE87 2BB Telephone: 0845 7 555 55 Date: 15/01/10 Dear Sir/Madam, Thank you for your recent letter requesting information held under Section 77 of The Consumer Credit Act Unfortunately we cannot proceed with your request due to the following reason(s): Unable to locate any customer details with the information supplied. o Please can you resubmit your request with above information, to enable us to provide your response. Thank you for your cooperation. Complex Loan Servicing Team BArclays Bank PLC. Authorised and regulated by the Financial Services Authority. Registered in England. Registered No. 1026167. Registered Office: 1 Churchill Place, London E14 5HP. 1595 (06/05) RMA have offerred to accept £10k on a £26k overdraft. I know it sounds a good deal, but i havnt got that money. could this indicate they are in a poor legal position ie. unable to enforce. could i have cca'd on an incorrect section? Anyone got any ideas what i should do next. cheers BAB
  25. BornAgainBiker
    can anyone tell me if i can bring a bank overdraft to an unenforcable position in the same way as a card? if so, what procedure might i follow? thanks BAB

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