Macie - Unless you are acting as an intermediary/agent - referring the paying customer to qualified/certified legal advisors to proceed with their case?!?!?! CCK/Basil I find it astonishing that a case which has allegedly been 'won' at C.o.A. (intimating that the case in question failed at County Court, then the High Court, and was then given leave to appeal) has raised not 1 ounce of media coverage (nationally); apparently left no trace of case records on any UK law databases; is allegedly protected under some secrecy or gag order - now thats amazing ; has been apparently won by Litigants in Person - even more amazing at CoA ; and the holder of such a monumental victory threatens litigation against anyone whom dares to question the validity, evidence or case transcript info - all whilst apparently attempting to encourage potential claimants to use his/their service to follow his/their victorious path. CCK/Basil - whilst I would assume you are no doubt a victorious claimant in some respects - as many of us here are - your demeanour and litigious stance is bemusing, and nothing short of incredulous - given the site in which you 'discuss' your case, and the company you keep whilst doing so! I post this knowing there is nothing slanderous/libelous in its' content, and with the intention of underlining the basic desire for many members to clarify information / service credentials before even considering using that type of business. Your claim to have 'the only CoA judgement in this regard' whilst interesting, may not be considered plausable, unless (as with many case law / precedents) researchable, verifiable and authentic information (which is almost always publicly available) can be found, examined and applied to members own cases. Maybe now you can understand the caution and scepticism rightly perceived in these posts. Regards Perseus

Hi cck I too am intrigued, BUT I do see where the doubt and concern creeps in. The difference here is, in discussion with present company on this 'ere site', we all (within reason) know a little, or a lot about the cca, agreements, si's, orders and the like... so when someone claims to have the golden key in the search for the holy grail of enforceability issues - and so many here have searched, deciphered and contended those same issues, it smacks of 'well why can we not find details of this appeal case, or, being in the public domain - court of appeal cases should be/are always available to be researched... Do you see where the rub lies? As someone who is heavily involved in assisting others (free of charge/volunteering my time) - I do find it strange to learn that resources which should be freely and publicly available (unless trade or official secrets are involved) - are not available or cloaked in mystery?!?!?! Regards to the like minded! Pers

What you've also got to be aware of, is that most CRAs are affilliated, or own , or have major shares in - Debt Collection Agencies! By providing security info, addresses etc - all unrecoverable debts are computer and entry linked. Update your credit file - you renew any forgotten or lost debts - who inturn will pay the cra to maintain and record data... nice self regulating entities self generating income from your credit file search!

Hi godmother In my opinion, it won't. The default they will 'fall into' will mean nothing, as under the act, the default (in this case) has no relevance, is not legally supported by the 74 act, and neither will your 'chase up cca letter'. Have you managed to contact Steve Wrench on the Credit Today site? I'm sure, given the information, any proof of payments you've made, and the appalling treatment you've received so far - in addition to the default on your cra files - he may resolve this issue forthwith. Failing that - and assuming you have solid proof of payment, going to the right sort-code and account for VM - issue legal proceedings against them They are as quoted above, in contravention of s40 AoJ Act, OFT664, and they are also fraudulently purporting to use official documents in order to financially gain from you. The alternative, is to wait for them to take you to court - or even invite them to. If you've got the proof, made the attempts to resolve the case, and given evidence of no wrong-doing, they will be in schtuck at court! If the agreement is not valid under cca, and is not raised as a cca agreement - no section of that act shall apply in enforcing or defending any contractual obligations. The Unfair Contract Terms Regs, or the Unfair Terms in Consumer Contract Regs 1999, will be more appropriate and legally supportive. Good luck with this. Pers

Hi justiceforall Just to let you know you are not alone I have had exactly the same correspondence, but mine ended up in the hands of buchanan clark & wells as DCA. I'm just SAR/CCAing bcw for the info. Wish you well. Perseus

As Joncris quoted earlier, have you checked your Terms & Conditions / employment contract to see if there is any mention of preferential staff finance schemes etc? Unless it is covered under that, The original creditor and RMA are in breach of OFT664, CCA s77/78, breach of your principled rights from their disclosure to RMA (as no agreement exists expressly consenting to the sharing or disclosure of your personal data!) Have you got it in writing that Barclays acknowledge no agreement exists? Thats a good start....

Sorry to disagree with this Gizmo... Not only are you then acknowledging liability for an unenforceable debt, you are volunteering a payment against a debt that (other than moral if this is of concern) whilst the creditor is in default of supplying the CCA, you have no legal obligation to do so. As many have said here - morals are less than abundent when OC's or DCA's are hounding/ harassing / failing in their legal obligations. I personally would not advocate acknowledging or admitting liability in this scenario, and given the correct approach, could not be forced to do so without THEIR obligations being met. Each to their own I suppose!

Quote: Originally Posted by angry cat For anyone that is having problems with MBNA and Trading Standards, regarding their Consumer Credit Agreements. Please click on the following link: COMPLAINT Re: CHESTER TRADING STANDARDS Love Angry Cat There is growing evidence and support for a large complaint regarding responses by TS. This complaint is growing in number with support from many who have received either little, or no assistance from TS, or seemed to be fobbed off regarding certain creditors. If any info can be provided to the above thread will assist greatly... Thanks Pers

There is growing evidence and support for a large complaint regarding responses by TS. If you don't mind conar686, any info that can be provided to the above thread will assist greatly... Thanks Pers

Hi molly your initial enquiry should be to your local TS office. If they cannot deal with the issue, they may refer your case to the creditors local TS or Home Authority for them to deal with.

Hi dj I've peersonally witnessed a now growing number of consumers writing complaints to TS regarding creditors. As well evidenced, and provided with all appropriate records, letters, VOICE RECORDINGS etc, they seem very very reluctant to pursue certain companies - MBNA is one of them. Considering that TS Chester apparently (by their own admission) have a weekly meeting with them - they fail to address and report back to consumers that their complaint has been actioned. Quote often stating 'We are unable to act/enforce further regarding this complaint'. This smacks of something not quite right. I wonder if certain creditors premises are nearby to local golf courses, or plush restaurants??? Anyway - the complaint is gathering evidence, and speed - anyone who has some info - as small as it may be, will assist in clarity and proof of failing on TS's part. (Not just with MBNA either). Wew really do need to take authorities to task, if they are suppoed to champion the consumers' rights... http://www.consumeractiongroup.c o....r-trading.html

Hi phantom, any correspondence from TS anywhere, but mainly TS Chester is being collated for a complaint en masse. Anyone you know who has had little/no response or assistance, or have received a fob off from TS - thats what we need. Any promises of 'getting back to you' and not - and any referrals to another TS office, and are still waiting for a reply - any like that is what we need. I'm sure ladybird17 will be happy to receive pm's or posts in the thread above. Thank you. It's time to get TS to find their teeth!

Hi ladybird I believe that peterbard has approached the DTI and others regarding some specific complaints regarding Trading Standards responses and failings... Maybe if you were to pm/email him - he may have some responses or material worth while? xxx Pers

COMPLAINT Re: CHESTER TRADING STANDARDS There is now a mass complaint being raised regarding TS - regarding their failure to act and resolve impartially... Although initially it involves their actions regarding MBNA's compliance -or lack of it - it is in general regarding the overall guidance, information and lack of willing to enforce against creditors.!

http://www.consumeractiongroup.co.uk/forum/mbna/115323-complaint-re-chester-trading.html There is now a mass complaint being raised regarding TS - regarding their failure to act and resolve impartially... Although initially it involves their actions regarding MBNA's compliance -or lack of it - it is in general regarding the overall guidance, information and lack of willing to enforce against creditors.!

http://www.consumeractiongroup.co.uk/forum/mbna/115323-complaint-re-chester-trading.html There is now a mass complaint being raised regarding TS - regarding their failure to act and resolve impartially... Although initially it involves their actions regarding MBNA's complaince -or lack of it - it is in general regarding the overall guidance, information and lack of willing to enforce against creditors.!

I am surprised that you've had little response to this. There must be hundreds of people with major difficulties ree MBNA and TS replies... Where are you??? A chance to put the reecord straight - to the top man at TS Chester! Dr Mc Gre ary himself!

Great idea Ladybird... I'll email you! I take it, you need a copy of the correspondence received from TS? There's certainly some naff replies or lack of interest regarding TS's involvement in resolving MBNA complaints, I'm sure you should get some good replies here. Good luck with this.

Fancy some litigation and revoking of a credit licence??? lol... See my pm nanna! Good on you for seeing this through n! xxxxxxxxx

And no-one posted up any comments regarding content prior to that date?

Its a big deal - a monumental test case for 100s of thousands of bank and credit customers with the penalty clause being tested too. As many have said, we need a combined effort, but one that is strong, accurate, factual and professional. That's enough reward for us all! Thanks muggy!

I agree caro - but the point is, this 'petition' has been posted up without the people it is trying to represent, having a chance to comment. 'It's there, if you like it sign it, if not - dont' Get the full support of the membership and consult, consider and revise. Then - post it and get everyone (or as many as) support and endorse it!

Like any one individual, I do not purport to have all the answers - but when you break the charter down by section - differing ipinions arise. For me to post and encourage dissent is not right, nor fair in etiquette. I would hope that Moderators, Marc/Dave, Martin Lewis and PCF will revisit this thread (and others on their own sites) and listen to the consumers they are attempting to represent with this charter. I commend whole-heartedly the effort and sentiment in issuing this document, but as many others have said - it seems to be a 'rushed job' with little thinking outside the box. I would urge a re-think on some of the content and/or phraseology in this document before it is committed...

Hey DSM - you got plenty of supporters here now, hopefully the panic has eased, and the empowerment is building! One last but important thing to remember - is in any communication always refer to a debt or agreement as 'alleged'. You must not in writing, confirm, acknowledge or accept liability for any 'alleged' debt until or if such time as solid proof is presented to you - ie a True Copy of the Original Signed Executed Credit Agreement! That last phrase is what must appear in your CCA request - anything less, and they will be obligewd to provide a 'copy' which can represent what you may have signed... Important difference! Good luck Pers

Whilst I would agree that a unified and constant approach to this issue is greatly needed, the 3 sites involved in publishing this so called charter, may have their wish come true and actually get the banks to listen! That is very worrying indeed - as no matter how much we agree/dont agree with its content, the basis of this document is flawed, the content is contradictory, and this is a representation of all UK consumers regarding a test case by our regulatory bodies on matters of law, agreement enforcement and restitution. WOW - thats some big deal, just to say - hey lets not worry , we'll chat nicely between us and see what happens. My credit agreements, banks charges and financial status rely on this test case outcome. I will not sit back and have a charter raised, purporting to be my consented wishes, (if it is signed by or approved by enough), and do me a great injustice! Nothing personal, but the glory of PR may win over those who are slightly less informed! No offence meant to anyone here...