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GARY68

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About GARY68

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  1. Hi Dickturpin I feel for you my friend as I have been in a similar debt situation with nram You will find that your going without and robbing peter to pay Paul all the time and when you make the payment the interest and charges will cancel all this out and indeed they will require more money I have had times when contacting there "customer care" they are totally unsympathetic and have myself been before a judge twice,firstly in your situation which I agreed an extra £40 a month and secondly when they brought me back in to claim more money, they lost this and the judge threw it out and asked them to pay my cost due to me continuing my payments as agreed, I think you may have been able whilst in court to persuade the judge that the extra money you have offered and was paying towards the arrears and I'm surprised the duty solicitor didn't advise that the extra £50 you were paying off the arrears this way the judge may have made an order to that effect due to your circumstances I'm worried for you as the longer this goes on the more you are delaying the inevitable, you can't afford to keep both mortgages going, I can understand you want to keep the estranged wife a kids in a home but is there any way that mortgage can be reduced via interest/extended ? Can the secured loan be reduced/interest Sorry I can't be of much help my friend but keep your chin up, you are not alone plus Citizen B is a great help When you sar Nram you will have to be on the ball as there charges are very confusing so take some advice as they baffled me so good luck with that Regards Gary
  2. Ahh this one Originally Posted by : Dear Sirs Account No: XXXXXXXX ​On XX/XX/XXXX I wrote requesting a true copy of the executed credit agreement for the above account. In response to this request I was supplied an application form, a copy of which is attached, which did not comply with the requirements of the consumer credit Act 1974 (CCA1974). I would like a copy of the actual agreement. I appreciate that as per Carey v HSBC, a reconstituted agreement can be provided, however I am disputing the actual existence of such an original which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original then a recon cannot be produced.* The document you sent, purporting to be a credit agreement, does not contain all of the prescribed terms as required by section 60(1) Consumer Credit Act 1974, plus you did send an application form. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say, all of the required terms are not present in this document. Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states:* 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.
  3. Hi Dx/fkofilee Thank you for your input, I've been searching similar threads and although it's been some years since I have put all mine to bed-albeit silenced anyway, I'm convinced this simply application form although has complied with the 77/78 we maybe able to keep the account in a dispute state and fend off the oc for a time, Getting my friends credit file may take sometime but to be honest looking over the last 6 months Debt is still with cap one after agreeing a monthly payment which he didn't miss the debt was passed to fredrickson for a more aggressive approach then carter within 2 weeks with threats of court usual stuff but this scared him into sending payment to frdrickson To be honest it was my stupid advice which was used to do this at the time to ease his anxiety -plus give me time to assess his situation I would never have normally done this but what's done is done and I will have to make amends as they won't be getting anything else I'm still after a response letter relating to the Carey case they have quoted so I can put this account in dispute
  4. Hi unfortunately he has sent the last payment to fredrickson, after getting a threatogram from Bryan Carter I was hoping to put the account in dispute and go from there regarding any future payments and seeing off all collectors/phone calls etc, Can anyone please advise on the attached application form and where he stands now with enforceability with the Capital One letter he has received (attached in previous post) Regards Gary
  5. Hi All its been a long time since using this forum so if someone can help along the way than that would be great, My friend has got into debt and hes worried so i thought i would try and help with the advice i have received in the past, together i think we can assist hopefully, History information i have is that he is In debt for a capital One credit card -Now with interest and all charges adds up to over £8000, this was taken out in April 2002, he has gradualy made infrequent payments due to his financial circumstances and has recieve the usual default/sums of arrears letters. When i got involved i sent capital One an agreement on his behalf of £30.00 per month which they accepted, They have now got Fredrickson involved and they are chasing him using the usual tactics. I have started a story board/file which i always use so Now it begins, To date I have sent off a sar/cca and hope to dispute the debt due to unenforceability? To which i have a letter back along with a single page application form and new tc's along with a letter from Cap One, Not having been involved of late with enforceable issue can someone enlighten me with court action regarding this and advise me if these grounds of dispute still stand Thanks in advance
  6. I dont know much about termination notices and been trying to find a good thread, but am i clutching at straws to assume that the Termination notice was delivered to me on the 8th Nov as the date of issue of court papers was the 7th November like i said not up on this ,
  7. Agreement, hope you can read http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/agreementpg1001EDIT.jpg http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/agreementpg2001.jpg
  8. Thank you Mould for your input I was hoping there was a fault on the Default notice but thought it was slim , if this were the case and the arrears at the time on page 2 of the default according to them would be £2,281.10....and i have paid more than they have accounted and the rest are arrears....and charges for court etc. Regarding the Agreement, i will post up but think its all above board
  9. Other documents available, Im worried about being stung here for a mass of charges that i will never payback, i m not a fan of Blackhorse or Scm and we have history, but can anyone tell me what my best options are, Firstly i have to fill in the acknowledgement form i think i have paid more than they are claiming, second what does this mean if i go to court do i give them the car and the figures claimed, or will the figures they are claiming be deducted after car sale at Auction etc.. Firstly Can i Defend Can someone give me any advice please i have a couple of days for the acknowledgement and the hearing is due Jan 6th and im not sure on the form if i can put defend all the claim or part of the claim, based on the actual claim/default/termination or charges
  10. last statement sent http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/laststatement001EDIT.jpg Witness statement http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/witnessstatementbh001EDIT.jpg
  11. Default http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/default001EDIT.jpg Default page 2 http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/defaultpg2001.jpg termination notice, arrived after court papers http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/terminationnotice001EDIT.jpg
  12. http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/poc001EDIT.jpg
  13. http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/claimformbh001EDIT.jpg
  14. Hi All Advice needed please on to defend action by BlackHorse/SCM whom have lodged papers with court not sure how to approach this in the first instance so any urgent advice would be very helpful. First a bit of background needed, i purchasd a car back in June 2008 from a dealer on Finance, after a couple of months i missed a few direct debits and was late with some due to other financial difficulties but got back on track for a few months then again payments became a bit erratic, i paid some over the phone and eventual set a lower payment agreement up which was agreed then went onto full payments and back to lower payment, Over the last couple of months they wanted more than full payments and as i was struggling with the morgage ignored , Reason was i thought i had paid more than they were saying and i went for a SAR to claim back, trouble was i didnt do quick enough-forgot and now they have applied to court for possession and interest. So the initial finance was £5150.00 Interest & fees took this to £7,163.39 I have paid £4,408.59 they are claiming £4151.56 im sure this isnt correct but could do with some help as to what my options are ,the termination letter arrived 2 days after court papers on the 7th the same day the court papers were stamped firstly they have sent me court papers which i have to Acknowledge the service of and decide if i can defend part , or all of the claim, any advice would be very helpful thanks Gary
  15. Hi Sparky just popping in its been a long time, Im a bit confused here and im not up to date with the current situation at the moment with enforcability although i aim to get back in, So on a quick recap,your thread as i stated back in 2009 my situation was similar to yours but you seem to have gone round in a circle and got nowwhere, even confused about the ppi rebate you have recieved for both cards,but i know you have had some success firstly you must decide what you want to do...pay on time every time until you pay the card off and receive a good credit rating for your morgage (which at the moment to get credit has to be exceptional anyway)if you do this like you have, cant you see you arnt getting anywhere, or DONT PAY. Now as you will be aware from reading all my halifax threads and wins this worked for me, at the moment you are on stale mate, They have no agreement-because it was changed from a Mastercard to Visa in 2001 as explained in 2009- This they have admitted is unenforcable, so all they can do is for the first few months is send you letters threatening you with court action- They of course wont go any further but will put you under pressure if you let it, but eventualy it will go away and no debt-But your credit rating will get hit, you can of course get the defaults removed but thats another process, you have chosen a diffrent direction and im not sure what you want the Halifax to do, they have told you they havent got an enforcable agreement and you know they cant enforce this but you continue to pay on time, sorry to be direct but are you expecting Halifax to just send you a letter out to say, your correct we have had enough money from you and we will call it quits, what are you trying to achieve? as long as you are paying i cant see any end to your stale mate again sorry to be so direct but im stuck did you complain to the fos about your ppi payout, what do you want from this credit card? I think you have to decide to carry on paying or dont as may get more results and them listening, threaten them with a letter as you have described if they dont sort out then you will with hold payments and put it it DISPUTE- Quickly- Dont let them control you-you control them Gary
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