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Sare Heid

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Everything posted by Sare Heid

  1. hi dx, account dates back to early 2003, hasn't been used for some time but i've been making token payments due to circumstances. cap1 were the only bunch that wouldn't accept token payment to give a bit of breathing space and chose to default me cos i wouldn't bow to their demands for all sorts of personal docs... this seems to be common for them from what i've read so far. cheers SH
  2. hi shadow, i've attached copy of the cca response with alleged original signed agreement page with t&C's and blank copy of current agreement with t&c's, please feel free to comment on content. sent letter to dca informing of dispute with cap1 and not to contact again until resolved, no response as yet, early days though. cheers SH scan0044.pdf scan0045.pdf
  3. Hi, received the attached plus a pile of freshly printed pages purporting to be the original & current T&C's. having read quite a bit here recently was of the view that this 'agreement' (c.2005) wasn't properly executed as doesnt appear to have all prescribed terms on sig page, incorrect title, approvd limit, etc. also, the 'right to cancel' content seems to be missing. not sure if relevant or not but creditor signature pre-dates execution by alleged debtor - i'm sure i've read before that this in itself renders the 'agreement' improperly executed, can anyone confir
  4. hi P1, i,ve already challenged the enforceability of the CCA, which amonst other things, didnt show any default charge types / sums on the alleged agreement. what im trying to determine is whether, if any types of 'defaults' had been listed (ie for late payment, etc), and assuming all other key financial terms were correctly stated, would the omission of the sum to be charged for each instance of default be sufficient on its own to render an agreement unenforceable? hope you can shed some light on this for me. SH:???:
  5. hi, OH received the attached from DCA following CCA request. on first impression i thought this looked ok then reading through i became suspicious; - no prescribed terms on signature page - in 'your right to cancel' box under signature it says eaxact details will be sent to you, however, - on back of page, there is another longer version of 'your right to cancel'.....mmmm strange, the content on back of page (2) looks like a photo copy of trifold T&C's leaflet pasted on. OH had a DN for this one earlier in year which referred to cl.2.2 of t&c's as cause of breach -
  6. hi craigbadger, i thought about writing and informing that they had (unlawfully?) terminated the 'agreement' on the back of a ineffective DN, is there a suitable template letter that i can amend / use? now, assuming they can prove that they have an enforceable agreement, is it right that they would only be due the arrears and not the full balance? appreciate any thoughts / advice. cheers SH
  7. OK so if it it refers to default charges within the key information or T&C's but doesn't actually say how much each charge is then they / the agreement are not enforceable?
  8. scan0041.pdfHi, i recently cca'd Cap1, and after getting printed T&C's with an extract of signed application form, sent them the 'In dispute' letter. the DN notice they sent was a nonsense and I sent them a letter listing various points which rendered it ineffective, no response received yet. and just to confuse themselves they stated different termination dates in 4 seperate letters. needless to say they pressed on regardless and finally sent me a letter confirming termination of the account. now i've received the attached letter from DCA insisting on payment, i was about to se
  9. Hi Bosund, yes, life was turned upside down a few months ago and thats when i discovered just how friendly & helpful our banks were...not! i'm taking back control now thanks to info & support i've had from CAG, i don't care what comes in the post now. cheers, SH:-)
  10. hi joncow75 & bosund, apologies for jumping on board but I also had my egg acounts closed back in Oct 2009 and despite my protests they insisted that i still had to pay the exhorbitant interest charges each month.....but now i have CAG and its time to take them to task. i'd be interested to have a look at your thread bosund if you can you post a link. cheers SH
  11. so would i be correct in thinking that they do form part of the prescribed terms then and if not included within a properly executed agreement they would not be enforceable? on the other hand, if they were included in a properly executed agreement, could they still be challenged as unlawful and reclaimed? apologies if i'm going on a bit about this one, just trying to get my head around where they fit in SH
  12. account opened in 2007. i've removed all of the personal details (name, address, loan amount, credit charge amount, payments, signatures & dates, etc) which is probably why it looks like like a blank agreement. cheers SH
  13. thanks cerberusalert, letter sent off. can you tell me whether the actual amount of a default or other charges must be stated in the agreement as part of the prescribed terms, i see that most cca's list a number of situations where (default) charges will be applied without actually stating what the individual amounts are? cheers SH
  14. oh_ndr_cca_scan0040.pdfhi, OH requested copy of CCA from NDR aka Shop Direct aka Littlewoods Finance. i'd appreciate if anyone could have a look and see if they think its enforceable. most of prescribed terms seem to be there, personal details & signatures have been removed. am i correct that the various charges listed under key information are unenforceable / unlawful since they didn't actually state the amount? NDR currently adding £12 charge every month as OH's payment (£1) less than min they want! i've attached a copy of cca below. cheers SH
  15. as siverfox predicted, they've returned the postal order interesting that they say they've had to refer back to citi for the agreement, now shouldn't they have made sure they got this from citi when they bought the alleged debt? cant wait to see what it looks like (pre 2000!) to further highlight their ineptitude, they cant even get the balance right, having conveniently forgotten the payments the OH had been making to previous citi DCA.....no surprises there. they say they'll write again if not able to supply within 12 days, who cares, it's their time /money they'll be wastin
  16. hi, subbing. i've also got a citi account which they have informed will be transferring to opus, which i am not at all happy with, will be starting my own thread and will post link later if anyones interested. cheers SH
  17. just as i thought. OH hasnt received anything that resembles a termination notice, do they need to issue this or does the agreement terminate by default if not remedied within time period (regardless of whether DN was correct or not)? If DN is incorrect, is it right that once agreement terminated, only the arrears stated on DN become payable and if so, is it better to acknowledge that the agreement has been terminated or just keep it up sleeve for later? Having read another thread on here, it would appear that DN may contain other misleading and ambiguous statements that would
  18. hi littlelady81& chelsealove, i've received exactly the same docs from C**p1 recently, and in the current climate, i'm sure there'll be others along in the near future. from what i've seen posted on hear, C**p1 et al apear to be pinning a lot of faith on the outcome of 'Carey', however its pretty galling that an instrument originally intended for the protection of the consumer could been trampled underfoot and the financial fraternity seemingly rewarded, once again, for their incompetence. now i'm no expert on these matters, but surely this one ruling cant overturn the many
  19. Hi CAGer's, re. point 1 i n my original post, would i be correct in thinking that OC has unlawfully terminated account if no actual date stated on DN? all comments / opinions welcome cheers SH
  20. hi, hoping for some feedback on the the previous post, any comments / opinions welcome. cheers SH
  21. Hi alfwithhair i'd appreciate if you could have a look at DN posted and comment re. validity, etc. cheers SH
  22. i would advise caution here, the application form refers to "t & c's overleaf" however without being provided with the back page, you can never be sure that it did (or did not!) contain all of the prescribed terms within these alleged t&c's on the reverse of the form. common sense & natural logic would suggest that if they have a copy of this they should provide it, but this a bunch of bankers we are dealing with! i suspect that due to age of 'agreement', they wont have retained a copy, hence they provide the freshly printed pages of t&c's with application form.
  23. based on what has been posted so far by Fennecfox, my OH has received almost identical response (save for personal details), in our case the ' right to cancel' (long version) box appears right at the last on pg5 of the 'reconstructed orig' T&C's in my case. hope this helps. cheers SH
  24. hi, not sure if this is correct place for this one, if not i'd be grateful if someone could relocate for me. after cca request to tesco bank, OH received attached docs. at first glance, it looked like the application form with t+c's were not sufficient to make it enforceable, then i read pg3 which they allege is a copy of the orig cca although no signatures, default charges, etc and OH cant recall ever receiving. i'd appreciate if someone more experienced / knowledgeable could have a look please and let me know what you think. cheers SH http://s1030.phot
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