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Duracy

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Everything posted by Duracy

  1. So going by what I have read, if I am reading it correctly the unenforcable agreement is non void now?
  2. Hi all, I did post in my old thread http://www.consumeractiongroup.co.uk/forum/showthread.php?255744-Resolvecall-for-capquest-please-help-(/page1 and advised to make a new thread on this. http://www.consumeractiongroup.co.uk/forum/showthread.php?255744-Resolvecall-for-capquest-please-help-(&p=2886321&viewfull=1#post2886321 should be the copies of my credit card agreement with EGG that was sent to me originaly. I was advised to wite to CQ and tell them that the agreement was unenforcable which I did do. I got a letter from them saying they where going to contact EGG and would be in touch. Today I had another letter from CQ and enclosed was copy of the signed agreement which is the same as what is in the link above, Original Terms and conditions and Terms and conditions at the time of default. I would really be appreciative if someone could advise on where I should go from here? Shall I write another letter about it being unenforcable or just ignore what they have sent completely? Best wishes Trina
  3. Hi all, I havent heard or had anything from CQ since the last time I posted on here apart from the odd letter saying they where awaiting the agreement from Egg. This morning I had a letter come from CQ with a copy of the agreement (the one that they had already sent) original terms and conditions, terms and conditions at the time of default and a statement of account. The links to the signed copy are on post 25 of this thread. Where do I go from here please? Do I write CQ another letter yet again staying that it is unenforceable? If someone could please advise I would be very greatful Trina Anyone? Or should I make a new thread with this?
  4. Hi all, Ok, my partner decided that he wanted to buy a pc from Dell. Having had good experience with them in the past and no problems with the pc's ordered decided to go with them needing an upgrade on an old pc. Now he called Dell and told them which pc he wanted on the buy now pay Oct 2011. All went through fine and creation took out £49 which is what they state they will do on the site. After a bit of thought he decided the pc he had ordered wasnt the right one for him so he e-mailed Dell to cancel. I must add he DIDNT sign via website or forms with creation finance. Dell called and said he needed to contact CF to get his £49 credited back to him. He did this last week and they said that they would credit his account within 5 days. In the meantime he had ordered another pc from Dell but the lady had put him down as buy now pay next year again when he wanted 24months instead, CF again have taken another £49 due to this mistake. The lady realised the mistake and has said that she will get it sorted out and call back. Still waiting on this call back after nearly a week. After 5 days the original £49 hasnt been credited to his account, he has a visa debt card would he be able to claim back if CF do not credit him on the £49 that has been taken out twice now? As I mentioned, he hasnt signed any agreement either on-line or on paper. This is what it says about the £49 *'Buy Now Pay Later' Typical example. Cash price £349. A document fee of £49 will be charged in all cases on the date credit is approved. Settle the loan in full by repaying £349 plus an administration fee of £10 within 12 months of the date of the agreement. Total amount payable £408. If the loan is not settled within 12 months of the date of the agreement, then pay 36 monthly instalments of £18.34. Total charge for credit £350.24. Total amount payable £709.24. Typical 29.8% APR. Minimum purchase £349 inc VAT. Written quotations available on request. Finance subject to status. Applicants must be 18 years of age or over and resident in the UK. terms and conditions apply. Credit provided by Creation Consumer Finance Limited, 6th Floor Royston House, 34 Upper Queen Street, Belfast BT1 6FD. Products shown may vary without notice. Would be really greatful if someone could advise on what to do if this money doesnt get credited to his account by CF.
  5. Hi all, not sure if this is in the right forum but please move if not. Ok, my partner decided that he wanted to buy a pc from Dell. Having had good experience with them in the past and no problems with the pc's ordered decided to go with them needing an upgrade on an old pc. Now he called Dell and told them which pc he wanted on the buy now pay Oct 2011. All went through fine and creation took out £49 which is what they state they will do on the site. After a bit of thought he decided the pc he had ordered wasnt the right one for him so he e-mailed Dell to cancel. I must add he DIDNT sign via website or forms with creation finance. Dell called and said he needed to contact CF to get his £49 credited back to him. He did this last week and they said that they would credit his account within 5 days. In the meantime he had ordered another pc from Dell but the lady had put him down as buy now pay next year again when he wanted 24months instead, CF again have taken another £49 due to this mistake. The lady realised the mistake and has said that she will get it sorted out and call back. After 5 days the original £49 hasnt been credited to his account, he has a visa debt card would he be able to claim back if CF do not credit him on the £49 that has been taken out twice now? As I mentioned, he hasnt signed any agreement either on-line or on paper. This is what it says about the £49 *'Buy Now Pay Later' Typical example. Cash price £349. A document fee of £49 will be charged in all cases on the date credit is approved. Settle the loan in full by repaying £349 plus an administration fee of £10 within 12 months of the date of the agreement. Total amount payable £408. If the loan is not settled within 12 months of the date of the agreement, then pay 36 monthly instalments of £18.34. Total charge for credit £350.24. Total amount payable £709.24. Typical 29.8% APR. Minimum purchase £349 inc VAT. Written quotations available on request. Finance subject to status. Applicants must be 18 years of age or over and resident in the UK. Terms and Conditions apply. Credit provided by Creation Consumer Finance Limited, 6th Floor Royston House, 34 Upper Queen Street, Belfast BT1 6FD. Products shown may vary without notice. Would be really greatful if someone could advise on what to do if this money doesnt get credited to his account by CF.
  6. Thanks for that info Bernie, it's definitely something I will keep in mind. I have posted the letter BD drafted for me plus a copy of the ticket. I sent it recorded so I know when they get the letter. A few years ago, that particular car park did issue tickets that you could stick to the window screen. For some reason they changed them and now are just like pieces of paper with nothing to attach to so the only place to put it is the dashboard @ J - Thanks for your advice but I think the letter BD did will suit the council concerned. They are known for being a royal pain as regards to parking offences unfortunately I think they have got worse since NCP took over in some parking places. Once again, thank you all who have replied in this thread. I shall keep you updated on what happens next. Trina
  7. Great, thanks so much for your reply BD I really appreciate it. I'll photocopy the ticket tomorrow and get it sent off bar the love hugs and kisses although it is very tempting to keep that in lol Trina
  8. Hi all, This afternoon myself and my family thought we would take a drive to the seafront for a walk. We parked up, paid for a ticket and set off for our walk. When we came back we had been issued a ticket stating that we had been parked in a car park without clearly displaying a valid pay and display ticket or voucher. We had brought the ticket, still have it in fact and had out it on the dash when we left. The ticket when we got back was on the floor in the well of the passenger side. The only thing I can think of what has happed is that it being so windy on the front today, as we have left the car the ticket has blown off the dash and onto the floor. We came back well within our time limit as well. The car park is a council run one not a private one and the pcn is for £50 unless paid within 14days then it's £25. Still a lot to pay when we had actually brought a ticket and still have the ticket to prove this. If it had been one of them sticker sided tickets then it probably wouldn't of happened but it is one of them paper things with nothing to attach it to. I would be very grateful if someone can advise on what option to take with this. Whether just to pay or write to them contesting the pcn. If we hadn't of brought a ticket and displayed it I would agree with this pcn but the fact that we had brought one makes me feel quite angry about paying it.
  9. Hmm I did'nt get anything else with my cca request. All I got was the agreement which I have posted. I really wish I could find my orginal docs, I feel I threw them out a long while back which annoys me to a point. Did you get the same letter Mozz?
  10. Got this from them this morning. TOC's? I thought this was included on what they sent me. Can anyone please advise on what to do next please? http://i370.photobucket.com/albums/oo150/jojo1147/ca2.jpg Trina
  11. Nope, paying them sweet FA! I gues it would be interest but I just thought, what a cheek! Trina
  12. Hi all, so far I have heard nothing since the letters where sent off and recieved. This morning I recieved a letter in the post. The amount they are asking for now is 2000 more than what the original debt was for the cheek! Any ideas on where to go from here or should I sit tight and wait for them to come back with something? No idea why it has taken them so long to get back to me http://i370.photobucket.com/albums/oo150/jojo1147/cq.jpg Trina
  13. Posted the unenforceable letter(s) off yesterday recorded so lets see what delights they come back with! Mozz - Have replied via your thread Will keep you all updated on this. Thanks so much for the support again all. I am starting to feel stronger against these bullies Trina
  14. Mozz, you should be dictating to them how much to pay not the other way around. Great support and advice on this board from everyone they will help you through this. I would CCA CQ and SAR Egg but dont hold me to that. I'm new here and I'm sure someone wo knows more can advise. When you get the CCA back post it up like I did with mine and they can see if it is an enforceable agreement or not. Trina
  15. Great, thanks Pinky. Shall get it posted recorded either later this afternoon or tomorrow morning. Shall update once I hear something. Trina
  16. Dear cq Thank you for you letter dated 14april 2010, unfortunately egg have provided you with a copy agreement which does not comply with s61(1) of the CCA 1974 and the associated regulations and is therefore only enforceable by an order of the court by virtue of s65. However, since it does not have a term concerning the credit limit (rather, it defines an "Approved Limit" - whatever that is) as required by Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, the court would be prevented from granting such an order by virtue of s127(3) Therefore I reguard as this account being in dispute. Is this ok or do I need to add/delete anything or is there a template I could use? Trina
  17. Ok now I'm confused! Resolvecall sent me a letter saying they will be sending someone to my house to hand deliver a sd on behalf of cq, not that they have taken over the account. Cq where the ones who sent me the cca so the unenforceable letter should go to cq? Trina
  18. Thanks for that Pinky, do I write a letter saying it is unenforceable to cq? Trina
  19. Hi all, latest on this problem, my request for my cca arrived today. I have attached the agreement. Basically all that came was what is attached and a mandate form for direct debt all stapled together. A letter from cq saying that enclosed is my cca which I asked for which was sent previously in may last year (The one I have misplaced) and a statement of account which shows my one pound token payment up until last year when I stopped paying it. The attached is quite poor but this is what it looks like anyway, it's not due to the scanning or saving of it. Also, if I recall rightly, the one I misplaced was actually a black and white photo copy where as this looks to be the original which they must of got faxed from Egg. Nothing more from rc which I am pleased about. I'm feeling a lot more positive now I have support here. Any ideas on what my next move should be? Trina Forgot the links sorry just a quick bump
  20. Thank you all so much for your support and help. I'm feeling a lot calmer since last time I posted. I never thought of it being harassment but now I can see that yes, in fact it is. I am so glad I have found this site, it has helped calm me by reading the other threads on here and others success stories. I shall just sit tight for them to come back with the cca now and post up what they send. I did see a post on here (trying to find it again now) where someone had an agreement from Egg and it looked very familiar. Will have to wait and see what they come back with though to confirm this. Still no idea what I did with the darn thing, could kick myself I really could London - That's a good letter you have there, I may well just use it when I get a reply from CQ, thank you Kate - Thank you for your reply I need to try and take deep breaths I think! It doesn't help I have a lot of other personal stuff going on right now but I think with the help of the forums, I can deal with this once and for all. Re them coming to my house, it said in the letter that they sent that they want to hand deliver a stat demand. Now I have sent off the cca to CQ would they have to wait until CQ have sorted the cca until they can do this? Thank you all once again, I really appreciate the support Trina p.s. please excuse any typos, typing while a two year old is sitting on your lap trying to touch the keys is a task in it's self!
  21. Thank you so much for your support boo, well to all that have replied. I think what it is with me is that where I live it is relatively quiet and if there are any cars around that are not normally everyone gets suspicious if that makes sense! I just have this fear that if they continue to keep coming to my house and get no answer they might just hang outside in their car and wait for me to come out or come back home Re the the link you gave, I think I understand all that (going to re read again after this) but do you think I should wait for the cca to come back and after I have posted what they have sent, maybe post the letter(s) from the link? Thank you again Trina
  22. Thank you Babybear, I'm feeling a little better now but still a little jumpy in case they call today. I have been looking through this great site about others in the same or simular sitiation and I cannot believe they should be allowed to get away with it. Do you think there will ever be a change in this? Trina
  23. Hi Pinky, thank you for clearing that up for me. Have sent off both the cca to CQ and the letter about comeing to my home to Reslovecall this morning. Both where sent recorded so will be keeping a track on when they where signed for. I shall make sure I keep whatever they send me safe so as not to lose it again I cannot believe I could be so silly as to misplace what they sent me when I orginaly asked for the cca. I did however find a letter from Egg dating back to 2002 saying the account was being passed to collection agents. I think it was after I got that letter that I went to the CAB. Comeing home from the PO today was a nightmare. I was so nervious thinking someone was watching me comeing home. I actually feel quite sick about it at the moment. Re benefit's, yes I am a full time carer for my child who is two years old at the moment Boo. I only get child tax credit and child benefit though if that makes any difference? A very ill feeling Trina
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