POST 14105 Hi Steven I am still waiting for a reply since January concerning mine from RBS and considering mine and phatrams were taken out not too far apart cannot understand the 'differences' as to no logo, ,no annual rate stated[just APR] the same monthly rate or cash as purchases APR different??? CAN instead of CANNOT in the legal rights section. After all these should be standard yes???

Lexis love it!!!!!!:lol::lol:

Hey thank you daniella XX. She was my little girl and I miss her so much:( I too have cats [3] and another little dog {pom} called mimi and she misses fifi too. I just want her back... Milly X

phone log: 24th feb 9.49am 2.45pm 5.02pm 5.33pm 6.28pm 6.58pm 7.51pm 8.42pm {note this is the day my little doggy died!] barstewards they will pay big time for this! I have reported them to OFCOM. 25th feb 11.41am 5.08pm 5.39pm 8.38pm 26th feb 8.12am 8.44am 5.07pm 5.38pm 7.50pm 8.22pm 104 calls todate! 27 feb 8.08am 8.43am

Brilliant letter Lexis:D I am working on my farcical state of affairs with the BOS,but aletter is nearly ready. Milly X

absolutely correct there Lexis! I will later copy an extract from a brand new book I have on Consumer Law and Practice written by Geoffrey Woodruffe who is a solicitir, Former Professor and director of the Centre for Consumer and Commercial Law research at brunel University and a Solicitor Robert lowe. This book is published by Sweet and Maxwell.{so pretty sound advice there!] It specifically states that the 14 days MUST also take into account and make an allowance for the days of service. So absolutely invalid if sent on the first day of the 14 days allowed. I have to go as I am popping round my mums with the kids. Milly XX

Thankyou Angel XXX Milly XX

Thank you for your kindness. Milly X

Hi all sad..very sad today. We had to put our little yorkie Fifi to sleep. I am so lost withou her..

Hi TIAW:) Why is the date typed at the bottom? Surely you are supposed to date it??? milly

Hi Pentax:) Regarding the signature-it has been known that signatures have been 'lifted' so it always best not to give them the chance;) You do not have to stop your payments at all and as you are worried suggest that you wait and see what turns up from the letter you have just posted as the threat of not paying seems to gee them up a bit! If after your next payment they have sent nothing or the cca turns out to be unenforceable then take it from there okay:) Remember you are not alone on here as there is lots of help available. milly XX

Omit this bit : Thank you for your letter of xx/xx/xx, the contents of which have been noted.

Hi pentax:) Its just the 12 days + 2 for posting now not 30. Second step is to send this template letter: Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date. To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. These limits have expired. As you are no doubt aware section 77(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully Remember, print your name, don't sign. Milly X

20th feb 5.08pm 5.39pm 21st feb 9.41am 10.15am 23rd feb 8.05am 8.36am 5.03pm 5.35pm 8.10pm 8.40pm SO far 84 calls between 30th jan and 23rd feb!

Good luck Nattie, I remember you from way back. Milly X

Well I never! Are you not aware of the risks to the unborn fetus in a pregnant women around contaminated food I agree with her and certainly would NOT of taken ANY chances by inhaling in fumes from your disgusting chicken!

Thanks daniella I have found it. MillyX

Consumer Credit Act Agreements Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)Wilson & Ors v. Secretary of State for Trade and Industry [2003] UKHL 40 (10 July 2003)Dimond v. Lovell [2000] UKHL 27; [2000] 2 All ER 897; [2000] 2 WLR 1121 (11th May, 2000)McGinn v Grangewood Securities Ltd. [2002] EWCA Civ 522 Default NoticesWoodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255 Data Protection Act Smith v Lloyds TSB 2005 [2005] EWHC 246 (Ch)Durant v Financial Services Authority [2003] EWCA Civ 1746'Failure to remove inaccurate dataRICHARD DURKIN v DSG RETAIL LIMITED and HFC BANK PLC Counter Claim for DamagesKpohraror v Woolwich Building Society - [1996] 4 All ER 119 ttp://www.bailii.org/ew/cases/EWCA/Civ/2007/299.html In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said: Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay. Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said: The creditor must be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid When this case was appealed to the House of Lords on a matter regarding the Human Rights Act (Wilson & Ors v Secretary of State for Trade and Industry [2003] UKHL 40), Lord Nicholls of Birkenhead said The message to be gleaned from sections 65, 106, 113 and 127 of the Consumer Credit Act is that where a court dismisses an application for an enforcement order under section 65 the lender is intended by Parliament to be left without recourse against the borrower in respect of the loan… when legislation renders the entire agreement inoperative, to use a neutral word, for failure to comply with prescribed formalities the legislation itself is the primary source of guidance on what are the legal consequences. Here the intention of Parliament is clear. And from Francis Bennion known as the architect of the Consumer Credit Act following the House of Lords Appeal Dr Lawson may be interested to know that I included the provision in question (section127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed hat nobody’s human rights were infringed. Justice of the Peace (2003) 773

Many thanks:) Milly X

Hey Angel:) Good for you girl and we are all here to help eachother Milly x

Hi can any one help me find a list of acts: S.I. 1983/1555 — Consumer Credit (Credit-Token Agreements) Regulations 1983 and S.I. 1983/1552—Consumer Credit (Agreements to enter Prospective Agreements) (Exemptions) Regulations 1983 S.I. 1983/1553 — Consumer Credit (Agreements) Regulations 1983 S.I. 1983/1554—Consumer Credit (Payments Arising on Death) Regulations 1983 and S.I. 1983/1556 — Consumer Credit (Guarantees and Indemnities) Regulations 1983 S.I. 1983/1557—Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 S.I. 1983/1558 — Consumer Credit (Notice of Cancellation Rights) (Exemptions) Regulations 1983 S.I. 1983/1559 — Consumer Credit (Repayment of Credit on Cancellation) Regulations 1983 S.I. 1983/1560 — Consumer Credit (Linked Transactions) (Exemptions) Regulations 1983 S.I. 1983/1561 — Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 S.I. 1983/1562 — Consumer Credit (Rebate on Early Settlement) Regulations 1983 S.I. 1983/1564 — Consumer Credit (Settlement Information) Regulations 1983 S.I. 1983/1569—Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 S.I. 1983/1570 — Consumer Credit (Running-Account Credit Information) Regulations 1983 Draft Consumer Credit (Increase of Monetary Limits) Order 1983 I know its alot:rolleyes: MillyXXX

Hiya Lexis this is from my thread: http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/171374-bank-scotland-terminated-without.html#post1867381 Thats how I read it like you are reading it from BRW's post.that the default sum would be incorrect. It did not say just the charges on the missing payments/arrears. milly

phone log update: 16th feb: 8.08am 8.40am 5.44pm 6.14pm 8.30pm 17th feb 5.08pm 5.40pm 8.35pm 18th feb 8.12am 8.48am 5.21pm 5.52pm 19th feb 8.14am 8.45am 5.13pm 5.43pm 8.50pm Milly X

Thankyou banker:) yet again! Your advice as usual excellent , extremely reassuring and valuable when peeps need it. Milly X

By the way if BRW:) does pop in. I did work out all the figures you suggested way earlier in the thread,so even if they produce a Default Notice in the end, the unlawful penalty charges[C] taken away from [F] the missed payments/arrears figure alone would be over half of the default sum claimed, {going on the legal sum claimed on termination] so would not be di minimus as it is 52% If the default notice is as they say from the 18th august as they suggest [never received as you know and they refrain from sending me the copy,] unfortunately for them it would equate to approx 100%, so even better and would render that invalid let alone every unlawful thing they have done since!!! Milly XX milly XX