Hi Patrick... Morgan Stanley is being taken to task by me! they have had their LBA for the charges at the moment, a few days left to run with that one before I can file N1. Then we move onto the "BIG" one they aint getting away with it this time Dave

Thought I'd better put the second page up as well...... notice in the sigbox for the PPI (which is in dispute in any case) there is a tickbox (very small ) and where it says "I/we understand that I/we am/are purchasing the product ticked above" well its NOT TICKED........ and if it was a multiple agreement in any case surely the sig box for the ppi should also have that it is regulated by the consumer credit act...... thoughts Dave

well then, thats ok then Dave

Well I ask because I had a loan that should have been signed on the premises, as yours was. the manager so keen to get the business brought it round to my house for me to sign......ended up writing it off because it was unenforceable because of that !!! ermmm ******************************************************************* YOUR NAME AND ADDRESS IS STILL ON THE BOTTOM OF THE AGREEMENT FOR ALL TO SEE ******************************************************************* rgds dave

Send them a letter stating that you dont belive that they have complied with the Act, in that the it is obvious that p2 is not part of the agreement start it off with "I do not acknowledge any debt to your company", and mention that the agreement does not contain the prescribed terms. state that the account is in dispute and they should not try to enforce it while an investigation is taking place as it would go against the OFT rules on fair debt collection ......there will be a template on here somwhere rgds Dave

nope......I basically used it to pay off some cc debts and stuff dave

I still have a problem with it....... its ok to say that P2 was not on the reverse......but can the creditor convince the judge.......hmmmmm quite possibly, creditors are nice upstanding members of the community who lend people money, and bend over backwards to help.............yeah right the agreement makes reference to other terms and conditions elswhere, and as long as the main prescribed terms are within the agreement, then it is enforceable. you need to be able to break the link rgds Dave

thanks for poping in paul Dave

Any chance, any ideas, any comments ..................?? BTW as an aside take a look at this thread....>http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176992-ccjs-only-option-us.html these guys need some proper help Dve

Pass...some CAB's seem to be worse than others, it depends on who you get I suppose. But they do need to get help http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176992-ccjs-only-option-us.html rgds Dave

Can any experts on this thread pop over to http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176992-ccjs-only-option-us.html these guys need some serious help.......its heartbreaking rgds dave

Hey guys can someone please have a look at this...its heartbreaking these people need some help ...quickly http://www.consumeractiongroup.co.uk/forum/general-debt-issues/176992-ccjs-only-option-us.html Dave

Oh my god.... I feel so very sorry for you...I thought I was pretty down I wouldnt even know where to start with this lot... any unsecured loan and credit cards.....get the agreements with a CCA request. post them on here. if they are defective we can lose them...ie they can be written off. bank overdrafts and charges can be sorted....but it takes time secured loans are different and beyond my expertise.. but some one will be along shortly......take heart rgds Dave

Basically put an enforceable agreement should have amount of credit or credit limit (or how it will arrived at) or whether there is no limit Rate of interest repayment schedule YOUR SIGNATURE without all of these the agreement is unenforceable see here...>http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html Dave

housewife23 sorry for hijacking this thread...... cadencealex....try to start your own thread....I'll pop along and have a look Dave

you're preaching to the choir....... I used to have morals as regarding debt, so much so I would go short rather than not pay........then I got behind and the dca's and bailiffs started THEN I found this site.... My life has changed, no longer am I terriffied of answering the phone or the door. I actually look forward to getting letters now. I have NO morals where it comes to creditors that cant be reasonable.....or dca's AT ALL !! go for it and dont worry (too much) one word of caution though.....try to understand what it is you are doing and what goals you want to try to achieve. try to read a few threads that are similar first the law is a double edged sword that can be wielded by the consumer as well as the finacial institutions. rgds Dave

Not quite...... As much as we would like that to be the case....an application can double as an agreement if it complies with the regs......like this one "may" do. the problem as I see it is the second page........we need to discredit it or take it out of the equation, or it may well make the agreement enforceable rgds dae

I dont blame you........go for it, cant hurt Dave

You may well be right (again)....I was just going off the blurbs I have seen on the front of these sort of advertisers....usualy it says something like "one off fee" and usually its about £500....not thta I have looked too deeply as we know what a rip off they are...which is the point I was initially trying to get accross. rgds Dave

A document can consist of MANY pages, and the Prescribed terms dont have to be on the signature page although they should be before the signature. It looks like they have just tagged this on.....?? the fonts dont look quite the same and of course it is a different size. you have to "break the link" between the two. rgds Dave

hi Housewife23 If you entered into "the agreement" after April 2007 you could be in trouble as after that date our wonderful government changed the law to make it easier for creditors. Still that said if they offer credit they need a SIGNED agreement with the proper terms on it..... if they decide to not chase you over it, the debt will not go away...it will stay on file for 6 years Cadencealex..same applies, but you are in with more of a chance....I suggest you read up thouroughly on CCA requests and read the Consumer Credit Act 1974 and Consumer Credit agreements regs...both on here (somewhere) rgds Dave

overdrafts are not covered by the cca........ you need to find out what charges have been applied to your account and challenge them SAR is the way to go regards Dave

I like to play games with these guys...... They have NO powers... they cannot enter your home unless you invite them in NO MATTER WHAT THEY SAY. just before christmas I sent one away ..extremely upset, I think he was counting on his christmas bonus. They have a job to do, but some of them are just bullies picking on the weakest.... rgds Dave

I have had one offer to write off completely, one is not chasing me anymore and the balance is at zero ??? so I suppose they must have written that off without telling me. I am pursuing two others I think thats a success so far Dave

Hi Paul ... the no win no fee might not be a CFA......they might just ask you to pay their fee yourself if they win. I suppose it depends on the agreement that you have with them. MOST want the fee upfront though rgds dave