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foxyflugel

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Everything posted by foxyflugel

  1. Hi Elsa The T&Cs are really small and there is a fine white line running through most of the lines. Should I write to them and ask that they provide a legible copy? also ask them to confirm that the t&cs are on the back of the document? Do you normally do that ? and would they oblige?? tbh - they look like microfiche copies as they are seperate pages and you can see the top of the 1st page on the top of the second. Any suggestions on how I find out if they were one document? (if mine are not suitable). Yes the 1st card was closed and transferred to this one. Thanks Foxy
  2. Also, still scrutinising - my 2 christian names are in my writing - but my surname is missing. In the top box someone else has written my name and address (but they have missed out my middle initial and/or name. It also says at the top (don't know if you can read it!!) Credit Agreement regulated by CCA 1974. By signing this agreement you will be confirming that the information given below is true and complete and that you are not less than 18 years of age. Foxy
  3. Hi Elsa Just looked again and if you look on the top left of the 2nd page - you can see the top right of the 1st page - so this is a microfiche copy I believe which is why it is so hard to read and has faint white lines through the text. Also on the top of the page it says Conditions of use - it does not list any charges (only for using it abroad and saying what the minimum payment is). It also says Credit Limit - we will set the credit limit for the account from time to time and notify you. The rest of it is just the usual bumph - card payment protection, additional card etc. Thanks Foxy
  4. Hi Elsa and thanks for your reply. The T&Cs are very small but I haven't scrutinised them as yet tbh. On the app form it is definitely my writing and signature and the address is the correct one for 1989 - but it is most definitely not my writing. On the app form on the bottom left - it says about a credit card a/c number and I have written in a number - I am wondering if this is when I went for the Personal Advance (can't remeber what the other credit card was called) and that is why it is 1998 and not 1989. Based on these docs - what would my defence be? - that I signed an application form and not an agreement? It is hard to tell if the T&Cs would have been on the back of the doc. Thanks Foxy
  5. I have now received the docs under CPR 31.14 request. Nothing much actually - a couple of print outs from the telephony dept and print outs from the credit scoring dept. However, they have sent me an application form - which is my writing and sig - but the name and address in the box most definitely is not my writing - which I find strange. Many thanks Foxy Doc2.pdf Doc1.pdf
  6. Thanks Dotty - I was just panicking a little what with the timeframes etc. Well, true to their word (unbelievably) I have received the confirmation letter today of the extension to 22nd April. So, I was planning on faxing it to the court tommorow when I can get access to the fax machine. Will this be ok?? Many thanks Foxy
  7. Spoke to **** solicitors who have agreed to extend the date. I have requested this in writing which they have agreed to do. So do I trust them not to try and get judgement or not??
  8. Just spoke to the court and they said it's classed a 5 days after date on form for service - making it 21st Feb - so I have until 21st March to file my defence. They said that I can agree with **** sols to extend the date - but this doesn't stop them applying for a judgement - whether I've got it in writing or not - but I could appeal asking why they have done so after agreeing to extend the defence date. They said to make it formal through the courts and pay £40 for an extension period!! Opinions please.
  9. HI Dotty Is it 28 days from the receipt date (apparently they allow 5 days for receipt) or 28 days from date on form?
  10. Thanks, once again, Dotty for coming to my rescue I have tweaked the letter slightly but am unsure of the date of the extension. The court form says 16/2/11 and I acknowledged it on 25/2/11 - so what date should I request the extension to? I send this **** solicitors and copy to the court as well? Thank you for your letter dated 8th March 2011 the contents of which are duly noted. As I am not in possession of all of the documents relevant to this claim and your letter advises this could take up to 28 days (from the date of your letter) to provide these, I would respectfully request that we agree an extension of time pursuant to CPR 15.5 until 4 pm on ????????? to file my defence. If we cannot agree then I will have no option but to apply to the court for an order allowing me the additional time and wasted costs as a result. You will be aware that the Court is likely to grant me the extension as a refusal to do so would prejudice me unfairly as I am a litigant in person. Please confirm this extension in writing. Thanks Foxy
  11. ok will ask her to do that - it's just so annoying as everything has always gone though ok and she has no bad debts.
  12. Can anyone give me some idea of what to write to them as I have searched Dotty's thread link and cannot see a letter to send. Many thanks Foxy
  13. Apologies - gave wrong date - the form is dated 16/2/11 and I acknowledged it on 25/2/11 - so it's not as narrow a timescale as I thought - phew. Will look again on your link Dotty and send a letter to **** solicitors and copy the court in and ensure I get a written agreement that they will extend. Many thanks. Foxy
  14. No - we have the same surname as I am not married but different initials and obviously christian names. We shouldn't be financially linked as I have never had any a/cs or joint finances with her.
  15. HI everyone My mum applied to top up her loan a few weeks ago and it was refused (she only applied for £1k). SHe couldn' understand it and was advised to get a credit report. She didn't do this as she knew that she had always paid her bills and had no bad credit against her. Then, she tells me there is a letter at her house for me. It is from Westcot re- unenforceable RBOS debt - it had my name on it with her address. She called them and advised them that I did not live there. They basically said that they are within their rights to send letters to all previous addresses for me on the electoral role if I do not respond to letters sent to my present address. They also said to her that bad debt does not affect an address - only that person. Is this right - because I can't see how it is - think they are full of ****e and really annoyed about this as it's nothing to do with my Mum. Foxy
  16. Thanks for your swift reply Dotty. I have read through your link - think I've got a mental block here Do I apply for a time extension to **** or the court? and is there a template for it? where can I find it? Many thanks Foxy
  17. I received a letter the other day from **** solicitors in response to my CPR14 request. It says that pursuant to the Practice Direction 18 4.1(1) advise me that they are unlikely to be able to comply with the timescale I have set for a response to my request. They then go on to say that they have advised their client to provide the documentation which I have requested but it is likely to take up to 21 days for them to provide it. Then they confirm that they will make a full and detailed response to my request for info either as soon as they are able to or at the very latest within 28 days of the date of the letter (dated 8th March). Where does this leave me? As I understand it I only have 28 days to prepare my defence from when I acknowledged the service of the court summons (16th Feb). What do I do now? Thanks in advance. Foxy
  18. Hi everyone Received a letter from them basically saying they've got my request and thanks for the 10 quid - will start to collect info straight away. However, it does state:- I am unable to provide a copy of the original loan application docs due to the amount of time that has elapsed since inception of the accounts. blah blah.... Whilst the bank is obliged to hold application docs for a reasonable period of time, I do not feel that it would be realistic for us to have retained these since your accounts were opened some 11-22 years ago. Why could they not just put that in a covering letter with the SAR docs?? They also acknowledged the fact that they have to provide them within 40 days. Foxy
  19. HI everyone SAR and CPR 31.14 posted recorded delivery today - check!! I am now going to acknowledge the court papers and take long deep breaths - Elsa - I still live on the same road - but at a different number since 2001 - so - no - they have my present number on the agreement not the one in 1989!!! I left in 2002 - and they certainly had merged with TSB much earlier - it was in 1995!! I just can't understand why they would take me to court if they haven't got my original agreement - or is this just me 'basic' thinking Will see what they come up with next and many thanks for all your help. Foxy
  20. Hi again. The court claim is dated 16/2/11. I will reply to it tommorow online and state that I am to defend all of the claim. I have prepared my SAR to go to DSAR unit and the CPR 31.14 to go to **** solicitors (from the letter posted above) and have also added as doc number 2 - Monthly statements. I have managed to scan the agreement and attached it. Many thanks Foxy Agreement...pdf
  21. Right then - wow - I'm in info overload here - but I will get my head around all the different numbers and procedures. I'm gobsmacked by the knowledge of fellow caggers and how generously you share you knowledge and support us with little experience in these matters - for this I am extremely grateful - and overall very anxious!!. I will set to the task of fighting once again with my scanner and post the recon agreement. Apart from this - may I just double check my actions from here. 1. I get the SAR posted immediately (with £10 cheque) 2. I send the CPR 31.14 request immediately - can someone indicate where the additional info mentioned above needs to go please. Will be back later - and thank you all once again. Foxy
  22. Do you need me to scan and post this up Elsa so you guys can check it is the right doc????
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