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

catquest

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Everything posted by catquest

  1. catquest
    Barclays are notorious for not finding documents so there is hope...
  2. catquest
    Yes, of course 127 applies. However the bank does not have to present the original in court if they can prove that an enforceable agreement must have been signed , this was quite clearly stated by Waksman see section 229
  3. catquest
    Not true. They only have to prove that on the balance of probabilities an enforceable agreement was signed
  4. catquest
    Yes indeed but Carey only says it's a matter of substance, not form
  5. catquest
    I think we need a case law where an application form referred to " I have received and read the terms and conditions " or something similar which is not within the document
  6. catquest
    Please look at Alexandra Slater v Egg for info which may be relevant in your case.
  7. catquest
    But the balance of probabilities must be that the agreement was enforceable - if the CCA clearly shows it wasn't ( just an application form without reference to T&Cs in the same document ) no judge can do anything about that
  8. catquest
    Experian have started showing up to 6 years of history, not just 3
  9. catquest
    It depends if you can beat the 18 day deadline with the 12 working day deadline for the CCA request. If they cannot produce it within that deadline then proceedings should be stayed, and enforcement is not possible in the meantime.
  10. catquest
    Not enforcable only means that the creditor cannot enforce payment by way of obtaining judgement. This doesn't mean that he cannot claim that you owe the money. Normally what happens is that a creditor has proof in the form of statements and payments going through the account.
  11. catquest
    As for 2) no there doesn't have to be a date, it is for you to prove that the T&Cs can't be the original ones ( see eg the interesting case of Kotecha v Phoenix Recoveries ) The interest of 12% is I believe the maximum allowed in cases like this.
  12. catquest
    I think a Tomlin order is quite good for the claimant and has only one single advantage for the defendant : there is no entry in the register of CCJs. As soon as the agreement is broken you can enter judgment . I believe you can also agree regular reviews which is more difficult after a judgment.
  13. catquest
    Any case known on CAG where a Judgment was given on money outstanding after a full and final offer was paid ?
  14. catquest
    Oh lucky, just found the original offer letter, it did say " your credit file will be amended as settled with a partial payment ". So a letter has to go off to the creditor to ask them to do it
  15. catquest
    The offer from the DCA was "we accept xxx in Full and Final Settlement if paid by ... "
  16. catquest
    Is it common practice for lenders to show an outstanding balance when the account was settled with a reduced balance ( offered by the dca ) ?
  17. catquest
    Amex only use Experian
  18. catquest
    Well I once had an unrecorded search by Atos, they never replied to my question why they searched. I had just applied for a Chinese Visa , so I assumed that was what it was about. A friend of mine in the US searches peoples' record prior to purchasing property to see if they will accept lower offers due to the dire state of their finances. Could this happen here ?
  19. catquest
    Also it's important NOT to pay off and settle an account which had a temporary problem as this will be shown up for another 6 years, rather keep paying the minimum and the count of missed payments will disappear in 3 years.
  20. catquest
    That's not what Mollie was asking for. Who has the right to make unrecorded enquiries ? I also noticed an enquiry from Lowells on my file, I presume it was to check if it was worth buying a debt but they don't seem to have gone ahead.
  21. catquest
    Certainly not, don't want to upset SB timing.
  22. catquest
    Egg have recently sold all credit card debt to Barclays. Customers are only advised of this by e-mail. Presumably in line with the fact that Egg was an online account. Is this legally sound ?
  23. catquest
    Advantage : No CCJ on your record Disadvantage : one missed payment and they can enter judgment. Also probably a clause that they can review the amount every so often
  24. catquest
    The petition is in poor English ( nothing seems to "of" happened ) - can that be corrected ?
  25. catquest
    Yes i will certainly do that , thank you Brigadier

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