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About beryltheperil

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  1. Sorry DX, I know I'm a bit thick where these things are concerned so can you explain what you mean about the t&cs not matching please? Would I have to attend court if they wanted to lift the stay? The thought of it gives me a cold sweat!
  2. I wrote to them in December threatening to apply for the claim to be struck out if I diidn't receive the credit agreement. Should I reply now saying that what they have sent is not an agreement but rather an application? I cant say anything about them getting the date wrong yet as they have not give enough details to show that the account they are referring to was opened in 2001 although I could say that I recall applying for a credit card in 2002 but from memory my application was declined and that I probably have related documentation somewhere to substantiate this... ...what do you think?
  3. DX, they haven't stated anywhere that it's 2001 I sent letters to all my creditors asking for the orginal credit agreement and this is the only one that matches the amount owed but this was opened in 2001. They sent me the application form which I uploaded on this thread which is dated 2002. I know I made a mistake when I started this thread with the dates the account was definitely opened in 2001 from docs I've got yet they've sent this application dated 2002 and put in their most recent letter that it is a credit agreement dated 6th July 2001 when it is clearly dated 2002 although the wording above is please reply by 29th June 2001 Hope this makes sense!
  4. Hi Guys, A quick update. The case was stayed up until today no documents received. I received a letter today stating that 'a copy of the original agreement between you and Providian under the affinity partner Monument, which you signed on or about 6th June 2001' They have enclosed the application which I posted to the site, above, and although it is signed, it is dated 2002! Surely they can't have missed this. Any suggestions regarding my next move?
  5. Hi all, a quick update: An extension to file defence has been agreed between the parties and I received this today in response to my cca request
  6. Oh don't worry Mould, I certainly will be filing my defence. I just hope that when they see my defence states that this was a application form that doesn't even relate to the account of 2001, they dont have anything else and therefore won't want to proceed
  7. That's what I think too Brigadier plus, the date it was signed. As I already had an account which commenced in 2001, this may have (I'm starting to think that maybe I remember) been refused as I had signed a declaration that I wasn't already a cardholder! Having said that though, I do believe it all depends on the judge, on the day so really hope it doesn't even get to court. I just hope that this is all they have when they comply to my CPR/CCA request, then hopefully, after I point out my issues with it, they wont proceed with the claim.
  8. Quicker to type it verbatum: CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 I am applying to Providian National Bank for a priority Reserve credit card, PIN and cheques subject to status. I authorise you to send me a Priority Reserve Visa card with the terms stated in the enclosed Terms &Conditions (T&Cs). I have read and agree to be bound by the T & Cs. I am a UK resident who is at least 18 years of age and am not bankrupt. All the information provided by me is accurate. I authorise you to search the files of any credit reference agency (CRA), which will retain a record of the search. I further authorise you to share information about me with other creditors through CRAs in order to take credit decisions, carry out occasional debt tracing and prevent fraud. I authorise you to use a credit scoring or other automated decision making system when assessing my application. I am not an existing Priority Reserve cardholder. I understand you will telephone me in connection with my application to gain additional relevant details and/or-contact me to offer any products or services linked to my account or application. I understand that calls my be recorded and/or monitored. DATA PROTECTION ACT I agree to any information about me being used in accordance with condition 21 of the T & Cs, which also sets out my rights in relation to that information. If you prefer not to be contacted by companies outside Providian Group or GUS Group for marketing purposes please tick here. Please reply by 29th June 2001 I agree Brigadier but the only thing that worries me is the recent High Court decision http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2009/3417.html
  9. Hi, I haven't done a defence yet. Hope I've done the attachment properly. I got the dates mixed up btw. Account opened in 2001 according to Arrow but the application form that oc sent in response to my cca request is dated 2002. I've noticed that by signing, I was declaring that I was not an existing card holder so maybe this applciation was rejected because I clearly was and had been since 2001. Also, in the data protection act box, it refers to term 21 of the t&c's and the t&c's I was sent with this only go up to number 16 ok here we go
  10. Sorry, it's all got a bit higgledy pigledy this as I should have given you a background. Credit card received in 2002. Got behind with payments due to unexpected pregnancy so default notice sent out in 2006. A payment plan was arranged but only kept to for a few months when I split with my ex. Payments were made a few months afterwards, last being Sept 08. Nothing heard from then (apart from regular statements being received monthly and being chased sporadically by DCA's). CCA request sent March 09. Docs received back already stated in earlier post. Assigned several times over the years and now a claim from Arrow. I hope that makes things a bit clearer. Apologies Yes, I have still got a copy of the first dn sent out dated 2006 Thanks for that link Ford. Another question is can both defaults be reported on a credit file? The first default was recorded in 06 and naturally 'fell off' in 2012. Then Arrows put the default on 29th March 2013 so, in effect, this has been on my credit files for 12 years!!!! Is there anything I can do about this?
  11. Ha ha, can't help it Andy. I'm the type of girl who has to be 10 steps ahead if poss That's another thing dx, when I sent off my cca request. They put a paragraph in their response letter saying that although I didn't send the £1 payment, they have sent it. Then they applied the £1 to my account!! Cheeky banardo's!!! I split with my ex around that time and a few payments came out of his bank via a direct debit or standing order which he took a while to cancel. The last payment was sept 08. I thought was good at the time but if that hadn't happened, it would have been statute barred now. All depends if Arrow have got the payment info tho mwa ha ha I've got default notices, 1 dated 10/10/06 with arrears of £691.00 to reach them by 27/10/06 then one from arrow dated 22nd feb with arrears of £6 to pay by 22nd march.
  12. ok, will do thanks Andy. What if they send the same wrongly dated application form? What will my defence be and have they forged that or something? Can't see how they would have an application dated a year after I'd already got the card - the date was hand written btw
  13. I was just thinking that if the oc didn't have the agreement and sent that wrongly dated application then it's unlikely that the new owner will have it and I didn't want to draw their attention to the mistake. How can they send a copy application dated a year after the account was opened? It doesn't make any sense.
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