catquest
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Everything posted by catquest
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yes I was
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The problem seemed to arise ( I had a long battle in around 2003 ) when, say, a potential creditor made a search not giving the flat number ( ie only the house number ) Equifax then seemed by default to register this query under " Flat 1", they seemed not prepared to look whether the relevant person appeared under any other flat number.
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Also Equifax are still having and have imo always had problems with Flat numbers,especially converted flats where previously there was only one address. Because some creditors don't use flat numbers or just write a number in front of the house number you will find multiple " linked addresses " , also I'm told even CCJs are not showing up because of this confusion.
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Noddle are showing satisfied CCJs as a separate entry from the original CCJ making it look as if there are lots of CCJs - is this legitimate ?
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Ah yes, although sometimes the OC remove their own original entry
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If this is correct ( and I'm not doubting it ) it makes me wonder how they often start a claim just before statute barred sets in. How do they know when they haven't got details of the account ?
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Lowells Statutory Demand (Capital One) - *** WON + COSTS ***
catquest replied to downsouth's topic in Legal Successes
Just above your signature, with what words does it refer to the terms ? ( eg " overleaf", "attached" or " I have received..." ) -
Yes you should have received a Notice of Assignment from CapOne . Contrary to popular opinion it does not have to be sent by recorded delivery. However it has to be accurate in its contents ( Harrison v Burke )
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I assume this is based on the fact that a petition hearing by itself is not enforcement yet.
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If there is no CCA reply then the debt cannot be enforced in court. The agreement they send does not have to be a signed copy, but your name and address must be on it. It has to be a "true" copy ie relate to the actual card agreement you had and a copy of the original terms and conditions must be included.
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I think it is deemed to have been served two working days after posting first class Recorded delivery has no tracking facility ( unlike Special Delivery )
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I thought such an order MUST be served personally see EX324 ...
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Halifax credit card and later payment fees
catquest replied to pj2017's topic in Halifax Bank and Bank of Scotland
Not Lloyds as they have a different banking licence. For instance Lloyds can't offset debts on a Halifax account. -
I thought you had now received the CCA Late production of a CCA is not a problem any longer
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The agreement should include your name and address, but doesn't have to have your signature. The terms and conditions should have the necessary prescribed terms and should be in the same document which could be "overleaf" or "attached" - see the wording near the signature box. Check carefully that they are the terms at the time, eg by checking penalties and telephone numbers
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Is your name and address on it ? Then it complies, there does not have to be a signature and most agreements don't have any card number
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No only if there is a change of creditor. Egg Credit Card was sold to Barclaycard, Egg Loans to Britannica problem is because Egg were strictly online the notification was only sent by email. So I would send Shoosmith a letter with £ 1 enclosed and ask them for their clients to provide the CCA
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Why numerous CCA requests ? Surely if the first one was not forthcoming ( did they cash the £ 1 payment but not send a reply ? ) you just point out you're still waiting ..
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So Restons are still quoting the Rankine case ? It was clearly stated by the OFT that this was an obiter dictum
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Not correct. The "four corners" is not literal, it can be "overleaf" or " attached" see Waksman s 173. The application form IS an agreement, it says so on the top and in the signature box, so it is ok for s127 3 . Kotecha dealt with the contents of the TOCs being exactly the same. The original document does not have to be produced in court, only balance of probabilities that such a document was signed
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Well for instance the page with 2.5 on has the interest rate stated. Remember they don't have to give you an exact photocopy of the "overleaf" section, only a copy ( from other sources )but the terms have to be exactly the same.
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Can't view, it's a "private" album
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Can you display a copy of the original terms and condition they supplied you with the CCA ?
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I looked at your photos but I couldn't find a copy of your CC defence that was struck out Also I have just noticed on the left of your signatue box you agreed to the terms " overleaf " - that is enough cf Waksman in his section on enforceable documents, although as far as CCA request is concerned of course a true copy of that page had to be sent
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Most applications WERE agreements, but only referred to the terms having been "read" or "received"
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