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

jackreacher

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Everything posted by jackreacher

  1. jackreacher
    I keep getting demand letters from a certain DCA about this case. bit annoyed as I thought this was done and dusted by way of a tomlin order. Is this normal or should I write a letter saying this has been dealt with by way of a tomlin order? One thing that worries me is itv was one of SCM kast cases and I wonder if they did all their paperwork properly..
  2. jackreacher
    No, a sar is just a request for information on your account(s) read all the notes very carefully and try to understand what happened at the time of your defaul tnotice termination of your account. look for PPI or charges. Do a search for the SAR address.. good luck and stay positive
  3. jackreacher
    Thanks for your swift replies DX and rebel11. I was not aware that even part payment covered the whole cost of the car.. WOW!! Much appreciated. Jack
  4. jackreacher
    I am wondering whether to buy a car with a credit card because of s75 protection, if it goes wrong quite quickly. I have read up on it but I can find nothing new and wondered if I would be protected. I can transfer funds to the credit card to avoid the interest rates a few days later. Al input welcome regards as always Jack
  5. jackreacher
    thanks CB.. My point is what they have sent me looks like a forgery. I signed it in 2009 but the charges are still £25 not £12 and I thought they were changed in 2006 for loans as well as credit cards. In the bottom corner it says 2005. so the £25 charges would be right for that year. The other weird thing is the banks signature is dated before mine by 6 days? Never come across this before??? I can't remember signing this agreement and its only a few years ago. All comments welcome Regards jack
  6. jackreacher
    Just got a letter from moorcrap supposedly in response to a s78 request for a personal loan taken out in 2009....Hmm not quite complied lol. My first query is under key information it states arrears letter charge = £25 unpaid direct debit charge = £25 I thought these charges were altered to £12 in 2006? I know they were for credit cards, not sure about loans. Also at the bottom right hand corner it gives a date of, May 2005?? how significant is this regards Jack
  7. jackreacher
    No! going to get on it this week. Not sure if a building society or bank will be easier? Will try Fords suggestion CO-OP. I thought this problem may have come up quite a lot given our general bad credit history.
  8. jackreacher
    Hi CB.. help drafting complaint or link to similar. I cant let them get away with it I now have no f''ing bank account. All for going over £3 after 20 years. I used Rebels great points in my complaint letter .. which I felt was good. I even nailed the BCOBS correct numbering for their easy reference. So now to battle. (A pointer on where is easiest to start a new basic account would also be good.) regards Jack
  9. jackreacher
    Bumping this as I need some help regards Jack
  10. jackreacher
    I agree with mercyblue.. there is a good argument about the amount should not have increased as they withdrew or vacated. Are you sure there was no discontinuance letter?
  11. jackreacher
    Really annoyed by this being allowed. No immediate family smoke but my two boys saw the clip of this advert on television and were mesmerised. Particularly when the BBC mentioned there was popcorn and vanilla flavour?
  12. jackreacher
    Dodgeball... Here is my thread for this. The DCA are thinking of coming back in. The judge took two months to deliberate and gave a two hour narrative judgement. Unfortunately I can not afford the fees to get a transcription. http://www.consumeractiongroup.co.uk/forum/showthread.php?420659-MBNA-Idem...-in-court-Friday-31-March-2014. Probably only worth reading the last few pages. DonkeyB and Andyorch both helped me with it and have commented on the result. I appreciate this has not been done before and I am only a novice but I put the argument in my own way and the Judge found I was exactly right in his opinion. If you are still in doubt I can post my Case dismissed letter.. lol
  13. jackreacher
    sorry nosnibor my reply was meant for you. It doesn't take much to confuse me either. Certainly MBNA have broken their new agreement first if events have happened as described. Try to find some evidence of this new lower payment agreement. I Don't know what happened to Mike770 Jack
  14. jackreacher
    Where did your independent inspector say the moisture was coming from?
  15. jackreacher
    what was the reason for the floor failing?... I was in the hardwood floor industry for 20 years..
  16. jackreacher
    Hi Mike I have just won a case on this exact point. The judge found that ; Originally I had signed a unilateral agreement (ie; they gave me the terms and I signed) at a later date in 2011 a new bilateral agreement was created( this is creating estoppels). I would pay a lower amount and as long as I paid the lower amount MBNA promised they would run my account unaffected. They were estopped from passing it to a DCA , terminated , or defaulted. In my case they did terminate and default although I had not missed a payment. I did stop paying completely when I found out that my account was terminated. The Judge said this was fine as MBNA had clearly breached first and given up their right to enforce the debt. As a later breach could not wipe out MBNA's first breach of the new bilateral agreement. Equally importantly It was also a breach of cobs/bcobs as they had misled me..this over rules anything else. do some investigation into estoppel and cobs /bcobs to form your own understanding. here to help Jack
  17. jackreacher
    Good luck tomorrow.. If they are going for summary judgement you may have to offer a defence so definitely say they breached the new bilateral agreement first. Honestly I beat MBNA with this defence not 2 months ago! Check the last 4 pages of that case for pointers. You are right to not challenge the CCa as it was to late to bring you up to speed. Regards Jack
  18. jackreacher
  19. jackreacher
    What they have provided you with is not the whole of your your real agreement though is it? This is just a balance transfer request. I can't see how they can enforce with just a balance transfer request. You have to fill in your address, income earnings etc to complete an Application form / Agreement.. Nothing on the front before the signature specifically referring to anything on the rear so no prescribed terms, seems lacking in everyway. Again Carey paragraphs 7 -23 (I think) will give you a good idea of what it should contain and in what order. Carey also explains there must be a specific reference to something on the rear or attached. When you make a positive assertion, ie , "I did sign the agreement but it did not come with terms and conditions or complied with the CCA" ..Carey says the creditor will have to provide the document, front and back as a copy or reconstituted will not be good enough for the "proof purpose". here is a link for the FCA (to which MBNA are signed up to) it will show you how the CCAs78 fails and they can not enforce as things stand. http://fshandbook.info/FS/html/FCA/CONC/13/1 As Andy has said, I think you have to decide which way you are going to go. He can also answer your costs questions.
  20. jackreacher
    What they have provided you with is not the whole of your your real agreement though is it? This is just a balance transfer request. I can't see how they can enforce with just a balance transfer request. You have to fill in your address, income earnings etc to complete an Application form / Agreement.. Nothing on the front before the signature specifically referring to anything on the rear so no prescribed terms, seems lacking in everyway. Again Carey paragraphs 7 -23 (I think) will give you a good idea of what it should contain and in what order. Carey also explains there must be a specific reference to something on the rear or attached. As Andy has said, I think you have to decide which way you are going to go. He can also answer your costs questions.
  21. jackreacher
    happy to help Dan, more experienced caggers will be along now you have provided info. I would fight this one, but the choice is yours. Ok so the t&C's are not part of the original agreement. Clause 14 refers to making alterations under clause 1.2 ......1.2 is nothing to do with making alterations. They have failed to supply you with the required documents under s78(1) the debt is unenforceable as things stand. As there is a major discrepancy they will have to provide the real agreement in court if you push for it,,, I bet they wont have it! You need to google Carey V hsbc and look at the last page for what they are required to provide. They fail on a lot of points. So you now have the estoppel breach and a failed s78. I bet the default notice is bad as well..have you got a copy?
  22. jackreacher
    shows I am looking..lol
  23. jackreacher
    ok! so in clause 14 it refers to clause 1.2..where is that?
  24. jackreacher
    it should be in the small claims as it is under £10,000 The signed piece of paper is not a proper agreement it does not contain interest rates the other 3 bits of paper purporting to be the accompanying T&C's are to small to read which is weird as the signature page comes up large. . Does clause 11 contain the data act as stated in the signed page.
  25. jackreacher
    Agree with havinawifebeater:-) As much info as poss. My issue is with the sudden break in accepting my monthly payments, the very confusing number of DCAicon's after the money that followed and finally Restons demanding full payment and refusing to send the CCA until the final hour. I ahve just won a case against MBNA with the same issue... I had proof that MBNA had agreed a lower repayment plan and they breached it first in a similar way as yours. The court found in my favour and dismissed their claim. What they have done is against Bcobs/Cobs and this overrules any CCA agreement. They promised not to take you to court as long as you paid in line with the NEW agreement. this is an easy argument as all judges understand Estoppels. (promises) In the new bilateral agreement estoppels were made and they breached those estoppels. You have proof you paid the lower amount for several years keeping to your side of the agreement, they then stopped it for no reason..(have you proof they stopped the new agreement plan? if so take it to court .. I also have good knowledge of MBNA Agreements. You may as well post it up and if the agreement is rubbish we will tell you why. You don't have to contest the debt, just that is was done /issued unlawfully and therefore it can not be enforced. Have you done a further defence or a witness statement yet? just trying to help.

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