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TinkerPink

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  1. Hi Slick, Thanks for your quick reply! OK so it seems the credit limit is OK, but I'll check out the thread you've listed to find out more... Hi Abamas, Thanks for your reply! Yes, the CCA you've posted on your thread is exactly what they've sent me! As mentioned, I'm unsure whether I actually saw these T&Cs online (as it was so long ago!). This printed version could have been put together by them to show that the prescribed terms and my signature (tick box) were all in the same document?! How could I possibly find out what I actually saw when I applied?? Also, my original T&Cs that I have in my possession is different to the typed CCA they've recently sent in the post, which is what they've said I signed upto online, which makes me suspicious! As mentioned, my original T&Cs DOESN'T show my address and has no signature in the same document. I'm not sure what to do next as I'm struggling to pay and I'm sure the defaults are looming Any further advice/ similar situations greatly appreciated!
  2. Hi SM and Slick, I've recently posted a thread on whether my CCA is unenforceable which I think it may be, so am looking for a template letter to send to them now telling them so. I could only find the 'CCA request', the 'non-response account in dispute', but once you've got your CCA what next?? Are there any floating around on this site? Thanks!
  3. Hi all, I'm very new to this site but read some great threads on how to request my CCA from Virgin/MBNA. I used the letter templates to some success: I sent the 1st request which they didn't respond to in 12 working days. So I sent the 2nd letter saying the account was in dispute until they sent me the CCA. The letters crossed in the post and they have since sent me: a copy of my executed agreement (this I need help with!) up to date T&Cs (irrelevant as luckily I still have the original T&Cs) copy of most recent statement (irrelevant) Re. the copy of my CCA: it appears I applied online back in July 2006 (I can't remember if I did!) and they have sent a printed typed version of the T&Cs followed by tick boxes that apparently legally represent my signature (I'm aware the CC Order 2004 allowed signatures to be replaced by a tick box for online applications). However, I'm unsure whether I actually saw these T&Cs online (as it was so long ago) and then ticked the box saying I agreed to them. This printed version could have been put together by them to show that the prescribed terms and my signature (tick box) were all in the same document (which is a requirement under s61(1) CCA 1974 of being 'properly executed')?! Has anyone else had similar sent to them?? Also this typed CCA appears to show all the correct prescribed terms needed such as correct heading, my name/address, APR, rates, right to cancel etc. Although I'm not sure about the credit limit as it says: 1 Key Financial Information 1a We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know Does this constitute the correct execution of a 'credit limit' seeing as there is no specific amount stated? It does look suspicious to me because a) its printed and could have been compiled by them and b) my original T&Cs (that I must have been sent after applying) 1) DOESN'T show my address, 2) has no credit limit (just the same sentence as above), and 3) has no signature (mine) in the same document. So I'm not sure whether they are trying to pull the wool over my eyes or if the CCA was indeed properly executed online and followed by non properly executed T&Cs. If I were to refer to my original T&Cs document then I think I could deem the CCA unenforceable for the 3 reasons listed above. If so, I'm not sure what letter to write to them next telling them so (can anyone direct me to a template?) But if anyone is knowledgeable about these MBNA responses to CCA requests for online appllications (and whether they are actually properly executed) your advice would be greatly appreciated! I am shortly due a payment but whilst I'm trying to determine my stance I'm reluctant to pay them (in addition not being able to afford to pay them!). I'm sure they'll be catching up with me soon though... Look forward to hearing from anyone who can help! Thanks so much
  4. Hi I'm new to this forum and would like to throw this out: I've just received a 'Notice to Owner' from Bromley Council for parking on a yellow line for the charge of £100! I would like to know how I appeal/make a representation on Ground 'E' - 'The penalty charge exceeded the amount applicable in the circumstances of the case - If you think you are being asked to pay more than you should LEGALLY pay' ? I think the charge of £100 is ridiculous for parking on a single yellow in a street that had loads of space, and I wasn't causing any obstruction. I was only there for 5mins to run into my Doctor's surgery to pick up a prescription! I recently watched a programme about crazy road offences where a young man was arrested for driving without a driving licence and no insurance - he received a £150 fine! So in comparison, I think my fine for parking on a single yellow for 5mins is crazy! Any thoughts as I'd like to appeal on this statutory ground but am unsure what constitutes 'should legally pay' ?? Thanks!!
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