Hi this has probably been covered, so apologies. If a power to vary the agreement interest rate has been given in the original agreement. Under a S.78 request should all copies of the agreement be sent with this request as well as this is mentioned in CCA 1974 S.85(1)? 85 .—(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it. (2) If the creditor fails to comply with this section— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence Milly X

halifax have been using these card mailers in what they send out to be the purported credit agreement. I know because I have the mailer with the card still attached to it on account opening. It was my o/h who used his additional card mine is still attached. Still I was responsible for his I know:rolleyes:

Hi all citizenB has asked me to run this by you as to what is in a book on law. I posted it on fingers thread concerning Halifax. {deleted till clarified)

Okey Dokey. I checked out this barrister and he was sitting chair of Law till 2005 at University of liverpool, The thing I would like to ask is why he says on the same side of the siganture . I am trying to find him on the net atthe mo as he MUST have proof of this being a Barrister. Milly XX

Hi all! I have just posted this up on another thread. The PRESCRIBED TERMS must be on the signature side NOT the reverse. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162635-problems-halifax-7.html#post2090288 Milly XX

{deleted till clarified by Professor J macleod of which a explanation is being sent to me] Soz!

Wishing you Good Luck Uni1boy! milly XX

Hi daniella:) However, I can HONESTLY answer the judge and say that I never used the card ., so I did not execute it by use of the card, my

Do you know what i found today. {deleted)[at least Louise Bunker got that right!!!!] {nosy BOS!!!] milly XX

:lol:! cuckoo! Milly xXX

Hello Cleo:) As the lovely Yvonne said. We do not make errors:lol::lol:!!! Milly XX

Regarding section 189(4) would this apply to Bank of Scotland Credit Card taken out in 2002 as a little confused???? does it mean living in scotland or agreemnts regulated in scotland???? From the CCact 1974: This subsection does not apply to Scotland. (4) A document embodies a provision if the provision is set out either in the document itself or in another document referred to in it. This is from there website: Credit card T &c's: 17.6 This agreement is governed by Scottish law. and from their site legal notice: General While Bank of Scotland has taken all reasonable care to ensure that the information contained within the pages of this site is accurate, current, and complies with relevant UK legislation and regulations as at the date of issue, errors or omissions may occur due to circumstances outside our control. We reserve the right to change the content, presentation, performance, facilities and availability of all or part of the pages of this site at our sole discretion and without prior notice. We make no warranty or representation that the pages of this site can be accessed at all times during the UK hours of business stated on this site. This site may be temporarily unavailable or restricted for administrative or other reasons. We will not be liable for any loss or damage arising out of or in connection with the loss of the use of this site. We accept no responsibility for information contained in any other sites which can be accessed by hypertext link from these pages or for these other sites not being available at all times. The links to any other sites are provided for general information purposes only and the sites concerned and their contents are not endorsed or promoted by us in any way, unless otherwise stated. Please note that when you click on any external site hypertext link, you will leave our site and access the external site at your own risk. The Bank of Scotland will not be responsible for any loss or damage (including consequential or indirect loss) that you have incurred as a result of your use of or reliance on any information displayed on this site. Finance is provided for business only and subject to satisfactory credit assessment by Bank of Scotland or a company within the same group as Bank of Scotland. By accessing these pages, you shall be deemed to have accepted, and agreed to be bound by, the terms of these terms and conditions, which will be governed by and construed in accordance with the law of Scotland, unless otherwise stated Milly XX

ROFLMAO!!! Is surprisingly good to receive free loo paper in these current times!!! MillY XXXXx

Well I would be looking to send the judge to sleep by incessant talking:D Did you use the credit card? - Yes your honour as a gift it seems ,as I was not made aware in the agreement I signed that I had to repay the money as my agreement did not set out any prescribed terms as to asking for repayment.or if any interest was expected. I only gave permission to Data protection. I did however make substantial payments to the account . I understand that I did not have to do this but acted responsible. The problem is that the creditor decided to charge me late payment fees, over limit fees which are penalties at law, they also decided to charge me extortionately high interst out of greed and to inflate the balance considerably. When I questioned this they were always happy to state that this is what I agreed to when I signed my agreement. Because of this, I asked for my agreement via a s.78 request and I was sent a misleading unsigned agreement . As I doubted the authenticity of this I then did a S.A.R and my agreement which was signed was supplied and was completely different than what they had originally sent in my s.78 request. There fore the creditor had not been truthful in an attempt to enrich themselves unjustly by saying that I had agreed to all these terms when the account was opened. The agreement due to its age is precluded from the current CCA 2006 rules as it was taken out before S127(3) was repealed and therefore this claim should not be here in court at all as it is ireedemingly unenforceable by a court and the creditor knows this but believes it is above the law. OK maybe a bit OTT, but in all truth if he asks that question you're stuffed really aren't you. Milly X

I wouldn't really know what you could do other than S.A.R for the original copy, albeit Mint are not wanting to send then though:rolleyes: i am STILL waiting for a response to all my letters. blatantly ignored the lot. All I can say it just seems strange to me that the person seems to 'busy themseves' quite alot over the last 6 years8) I suppose itis because I am highly suspicious of these agreements8). hopefully others whom are suspicious can pop in and give their opinions. Milly X

oh you too with the duvet. Milly XXX

! Milly XXXXX

Okey Dokey then this is what will happen to me as since Green & Co wrote back saying they would pass my letter back to Triton and I should receive a letter have still got zilch. So I reckon this will be next. Milly X

You know there was something I noticed on your agreement the person whose name is on the stamp - L Angell, well thats the name thats has signed my s.78 request letter end of 2008, well well they are busy arent they and have worked for RBS along time then;-)8-). mmmmm, i wonder if this 'date stamp' is the original and if in fact the original agreement did not have this on there if you get my drift. \highly suspicious even more now..................... Milly XX

Blimey phatram are you sure that letter is in relation to your letter, the reason I ask is it sounds alot like a reply I am expecting to a letter I sent a few months ago. Milly XX

I doubt they will entertain me at all:rolleyes: however all looks good then;-) I bet they think here, here now whats going on here then. Mind you i doubt they will even read it properly judged by the silly twerp who answered my last letter:rolleyes: I forgot though bank of scotland are unique arent they and above the law! Milly XXXX Reference to remember: http://www.consumeractiongroup.co.uk/forum/show-post/post-2085599.html This is good to remember regarding s.189(4) http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html#post2086981

P.S I have added a bit requesting confirmation that the account has not been securitised and that this must be notarised and then counter signed by the company secretary. Milly XX

Hi lexis, Its sorted do not worry:) I am sending one to BOS and one to Blair Witch. Probably not necessary but covering both cos Blair witch are getting on my nerves. i am addressing the BOS letter to pitreavie address. Hope thats okayalthough will filture through I am sure to the right department. I hope your cake turns out ok. well impressed so you must be good! Milly XX

I agree but I seriously do not think she knows what I have been sent as when I rang Bank of scot on tuesday to chase up my reply. They asked if I would speak to her and i said fine and the silly billy said I suggest you get legal representation:rolleyes: and I said i have and am happy to defend She didnt want to talk then............ milly XX

It was very cheap hun and I begged O/H to buy it as I said oh well I will sit downstairs all night in the hall. So is their anyinfo on the DSAR you need help with as I will help as much as I can:) milly XX