Goldfish No CCA produced now debt assigned Can they do that?

[creditcardmug]

Hi can you post up the default notice ( removing any personal details).

 

A default notice is a very important document and must be presented correctly to be valid ( if it said "without prejudice this would make it void")

 

It seems to me they don't have an agreement, don't worry this is all posturing.

 

I will be starting my own thread on these soon.

[rory32]

this makes no sense to me as I understand it without prejudice means it can't be produced in court, so where is the logic in that.

 

Without Prejudice only prevents documents being produced in court if a dispute is under way and the without prejudice document is making a genuine attempt to resolve that dispute. Clearly a default notice does not fall into that category.

[wealthy]

Sorry guys my mistake...and a big one.

 

The without prejudice was on the letter they sent informing me of their intention to send a default notice if I don't pay all the arrears. The default notice was sent afterwards and doesn't have without prejudice on it.

 

I'm afraid they've got me all flustered I continually get a call from them virtually every hour, it rings a couple of times and then stops. I did a 1471 and then rang back to see who it was and it was them. The last call for the past 4 days has been around 9.50pm. I tried to speak to them about the calls but the chap just over-talked me and I got no where. I have sent them the letter to stop calling but they seem to be very good at ignoring.

 

Excuse the moan, but I feel they need to have ice water thrown all over them then they may wake up!!!!!

 

Thanks for your support guys it's well appreciated.

Edited May 23, 2008 by wealthy

[wealthy]

Hi Guys

 

Received letter from LCS Solicitors acting for 1st Credit.

 

They want full payment within 14 days from date of letter 22/05/08 or they are instructed to issue county court proceedings. They state that they are not to enter into correspondence with me regarding this matter prior to issue of legal proceedings and all payment and communication should be made to 1st Credit.

 

Please can someone advise me what the best course of action is here.

 

Thanks

[wealthy]

bump

 

should I ignore this letter or write again to 1st credit stating account in dispute!!!!!!!!!!!

[patrickq1]

I requested CCA from Goldfish

i would have thought a SAR notice would have been more appropiate to goldfish and a CCA to 1st credit imo

[Rhia]

You do need to tell 1st Credit in no uncertain terms that this account is in dispute otherwise they may well plough ahead. Put it firmly in dispute and hold them off. SAR Goldfish and you will find they will do anything not to give you the info they are shocking.

[wealthy]

Wrote to 1st Credit telling them account in dispute etc

SAR sent to Goldfish.

If I do not hear from Goldfish within the time frame what will be the next step please.

 

Thanks

[Rhia]

If it's a SAR and they don't respond within the deadline report them to ICO.

[wealthy]

Thanks Rhia

[Geneve]

I have my debt with HBOS, they passed it to 1st Credit, I sent them a CCA request, got it back from them today saying, we enclose your Postal Order, you must now send 10 pounds to HBOS at Data Protection, Card Services, Southernd on Sea, also a PO Box Number 5747 which I cant send a recorded delivery to as there is nobody to sign for it, can you please adviase what to do !!!

[foolishgirl]

You can send a recorded delivery to a PO Box - it's just that it will probably get bulk signed for or no electronic POD available but the PO should be able to tell you when it was delivered.

[RubyRose]

Wealthy,

Can you please post copies of the complaint letters you sent to the OFT and trading standards.

thanks

Ruby

[patrickq1]

i did not realise 1st credit that they had sent that threatening letter

the letter looks so amaturish like it is a spoof letter come out of the nigerian 419 scams

like i already said before you must SAR goldfish then CCA 1st credit but with the cca to be accompanied with a notice of harrasment this should also be copied for the 1st credit solicitors

as for the solicitors who are not to enter any legal dialouge with you then remind the solicitor that you take the threats against your property and credit worthiness as a very serious matter as this account is formally in a legal dispute with goldfish who are in breach of your rights if the solicitor wishes to persue any course of legal action then so be it this will be vigorously defended you have also put forward the threatening letters from 1st credit to the FOS/TS/ICO etc ,...unless someone wishes to forward any sort of legal contract agreement with your signature then you will consider any further mail as harrassment that includes the solicitors acting for 1st creadt

by the way wealthy do you have copies of all these letters i would be checking the solicitors to see if they are actually what they say they are

patrickq1

[wealthy]

Hi Guys

 

Just an update have received a few statements from 1st credit, they are only from Apr 2007, copy of recent T & C, but no agreement...all sent with a comp slip. I've decided to ignore this until I get some form of an agreement. Is that the right thing to do?

 

Thanks

[foolishgirl]

Did you send the letter that PGH suggested in post #2 to 1st credit, wealthy?

 

If so, you don't need to do anything more re. them unless they start legal action, in which case, post back here if you need further advice.

 

Did you get any SARs info from Goldfish? And if not, did you make a complaint to ICO? If the 40 days have now passed & you haven't notified ICO, you should do so. However it is unlikely you will get a quick response - they are snowed under with similar complaints. Says a lot doesn't it?!

[wealthy]

Hi Foolishgirl

 

I sent the dispute letter to 1st credit, complained to OFT and Trading and sent SAR to Goldfish.

What I've received is acknowledgement of my complaint from both OFT and Trading and that they'll get back to me. Nothing from Goldfish from SAR.

So I'll ignore 1st credit until I get that agreement if one exists.

Thanks for your help

[foolishgirl]

All OK then - have a sit down & a cup of tea...

[wealthy]

Hi Guys

 

Have received copy docs from 1st Credit.

1) What looks to me like an application form.

2) Terms and Conditions which I assume were on the back of the application form.

3) 6 months worth of statements.

 

I've tried to organise upload of these docs but as I am not a techie I'm having difficulty. My friend scanned them and then forwarded them to me but unfortunately they have come as really big jpeg files and open with paint. Is there any way I could reduce them and then upload?

 

Problem is 1st Credit sent the docs and letter of court action. I would really like your expert advice as I'm unsure if enforceable.

 

Thanks

Edited October 6, 2008 by wealthy
clarity

[wealthy]

Well have tried to reduce the image - a bit unclear but hopefully not too bad.

 

I would really appreciate help with this as am confused as to enforceability of the agreement. It's an application form but the terms and conds they sent with it, I assume are the reverse page of the application form and there is reference to repayments etc. Please would you tell me if it is enforceable as they have sent a letter as well wanting to go to court.

 

Thanks for your help.

Edited October 6, 2008 by wealthy
problem with attachments

[creditcardmug]

Hi, too small to read im afraid , the question is, are the prescribed terms on the page you signed.

 

If not does the page you signed refer to the prescribed terms to be found elsewhere

[wealthy]

I just can’t seem to get the docs the right size. So I’ll have to type.

Application Form which they class as agreement:

Your personal application for the Goldfish Card

Credit Agreement regulated by the Consumer Credit Act 1974.

This Agreement is made between us, Lloyds TSB Bank plc, whose registered office is at 25 Gresham Street, London EC2V 7HN and You, the Customer(s) named below. Application subject to status.

1. Your card design. (picture of credit card)

2. About you and your home. (my name, address, phone no, date of birth, length of time at address, marital status, email, mother’s maiden name and whether home owner.)

IMPORTANT

PLEASE AMEND YOUR DETAILS IF THEY ARE INCOMPLETE OR INCORRECT AND INITIAL ALL CORRECTIONS

This application is for your use only. If you already have a Goldfish Card or if a friend would like to apply please ask them to call us on 0800 88 55 55 for an application form. Please complete in BLOCK CAPITALS and tick boxes where required. Incomplete sections may result in your application being declined or a lower credit limit being given.

3. About your work and your income. (my job title, name, address and tel of employer, time in employment, income, partners income, bank details.

4. Balance transfer request.

To transfer balances from other credit cards to your new Goldfish Account and take advantage of our special low interest rate, simply complete the following details. We’ll take care of the rest. Please list your most important transfer first, as the amount of money we can transfer will depend on the credit limit allocated. The interest rate for Balance Transfers is 0% fixed for a period of six months from Account opening after which it will revert to the standard variable interest rate which applies to transactions at that time.

Approval of your Balance Transfer request is subject to approval of your application for the Goldfish Card, and adequate available credit.

Please continue to pay existing card issuers until you receive their statement showing the transfer.

(details of my credit card and amount of transfer)

5. Additional cardholder. (my husbands name and date of birth and signature)

In signature box:

As the Additional Cardholder I agree to be bound by the Goldfish Card Terms & Conditions(which are subject to change from time to time). I also agree that you may give information you hold about me to:

(i) any agent acting on your behalf and to the Principal Cardholder as may be necessary for the administration of the Card Account, enforcement or settlement;

(ii) any proposed assignee, transferee, or change of your interest under your Agreement with the Prinicipal Cardholder and their insurers and advisers. I agree to be bound by the Conditions of Use.

6. Safeguard your payments. (details about the cover which I didn’t take)

7. Card Protection – 30 day free trial. (details about the cover which I didn’t take)

8. Your signature please

IMPORTANT – USE OF YOUR INFORMATION

Before you sign this Agreement, please carefully read the notice overleaf concerning use of your personal information. By signing you agree to the use of information set out in the notice. We may write to , email or telephone you about other products and services offered by Goldfish and other companies in the Lloyds TSB group and carefully selected partners. If you do not wish to hear bout other products and services from Goldfish please tick this box. We and others in our group who have an existing relationship with you, would like to email you occasionally about products and services that we think may interest you. You can tell us at any time if you want us to stop sending you emails. Please tick the ‘yes’ box if you’d like us to send you emails.

It is important that you give us accurate information. We will check your details with fraud prevention agencies and if you give us false or inaccurate information and we suspect fraud we will record this.

YOUR RIGHT TO CANCEL. Once you have signed this Agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be posted to you with your Goldfish Card.

This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

(my signature and date)

OFFICE USE ONLY

(No signature or date of creditor)

Please return in the envelope provided to:

Goldfish, P.O. Box 1075, Sunderland SR9 9WT

(There are a whole load of numbers and a circled letter and a date stamp.)

Shall type up term and conds in a while.

Please check and let me know if it is enforceable.

Thanks

[wealthy]

Had computer problems!?!?!?!?!?!??!??!

Anyway can’t upload a bigger size for T & C’s so I’ll type out bits.

1. DEFINITIONS IN THIS AGREEMENT

Definitions of words used.

2. USE OF YOUR GOLDFISH CARD

Details of how card may be used.

3. CREDIT LIMIT

Your Credit Limit will be determined by us from time to time and notified to you. It may be increased or decreased.

4. CHARGES

(a) The interest rate for Balance Transfers is 0.00% per month, equivalent to an interest rate of 0%, fixed for a period of 6 months after the opening of the Account, after which it will revert to the standard variable interest rate which applies to transactions at that time. The Promotional rate for Balance Transfers does not apply if transferring balances from an existing Goldfish Credit Card.

(b) For Cash Advances other than Balance Transfers, a handling fee of 1.5% of the advance amount, subject to a minimum fee of £2.50 will be charged, together with interest at 1.167% per month, equivalent to an APR of 16.7% (variable) from the date of the advance.

© The interest rate for Transactions is 1.167% per month, equivalent to an APR of 14.9% (variable).

(d) We may from time to time by giving you notice as required by law:?(i) introduce a handling fee for any or all Balance Transfers and/or Transactions and/or an annual Account fee and/or service fee; and/or (ii) introduce and/or maintain (either generally or on specific promotions only) different interest rates (and APRs) for Balance Transfers and/or other Cash Advances and/or Transactions and/or different balances outstanding on the Account; and/or (iii) vary any or all of the interest rate(s) (except where and whilst any interest rate is expressed to be fixed), handling fee, annual Account fee, service fee and/or the APR(s).

(e) In calculating the APRs, no account has been taken of any variation which may occur under this Agreement of the interest rate or other item entering into the calculation.

5. REPAYMENTS

(a) You must repay us within 21 days of your Statement Date whichever is the greater of 3% of the balance outstanding shown on the Monthly Statement to be due or £5 (or the full amount if less than £5).

(b) If you repay the whole balance outstanding shown by close of business on the 21st day after the Statement Date, no interest will be charged on Transactions or other items other than Cash Advances appearing in the Monthly Statement, otherwise interest will be charged on those Transactions or other items on a daily basis from the dates of the Transactions or the dates on which the other items were incurred. Interest will be charged on a daily basis on the amounts of any Cash Advances from the date of such Cash Advances. Interest will be charged until the outstanding balance on the Account has been repaid in full.

© We may in our discretion from time to time waive our right to receive a monthly repayment under Condition 5(a) and will notify you when this option is available. If you exercise any such option, this shall not extend the period in which you must repay the whole balance outstanding to avoid interest on Transactions and other items other than Cash Advances as referred to in Condition 5(b) and interest will continue to be charged on all items appearing in the relevant Monthly Statement in accordance with Condition 5(b).

(d) You must repay to us immediately the amount of any excess over the Credit Limit, any arrears and any Transaction or Cash Advance made in breach of this Agreement.

(e) All payments will only take effect when they are actually received by us as cleared funds and will be applied against amounts outstanding on the Account in the following order: (i) the minimum payment referred to in Condition 5(a) (3% of the balance outstanding referred to therein shall mean 3% of the outstanding balances in each of the categories specified in sub-conditions 5(e)(ii)(iii)and (iv) below); (ii) all Balance Transfers having a promotional interest rate shown on the last monthly statement and/or outstanding from previous monthly statements, together with all Charges on those: (iii) all other Balance Transfers and other Cash Advances shown on the last monthly statement and/or outstanding from previous monthly statements, together with all Charges on those; (iv) all Transactions or other items shown on the last monthly statement and/or outstanding from previous monthly statements, together with all Charges on those; (v) all Balance Transfers having a promotional interest rate not yet shown on any monthly statement, together with all charges on those; (vi) all other Balance Transfers and other Cash Advances not yet shown on any monthly statement, together with all Charges on those; (vii) all Transactions or other items not yet shown on any monthly statement; or in such other order as we may from time to time give you notice of under Condition 11(b).

(f) Where you have more than one agreement with us, then subject to your right under Section 81 of the Consumer Credit Act 1974 to appropriate payments, we may in our discretion appropriate any payment made by you in or towards payment of any sum payable by you under any of such agreements.

6. MONTHLY STATEMENTS

7. WITHDRAWALS

8. SAFEGUARDING YOUR GOLDFISH CARD AND PINs

9. PAYMENT PROTECTIONINSURANCE

10. ENDING THIS AGREEMENT

(a) You may terminate this Agreement immediately at any time by giving written notice to us.

(b) We may terminate this Agreement (i) by giving at least 30 days written notice to you; (ii) subject to service on you of any notice required by law, in any of the circumstances set out in Condition 7(b).

© On termination of this Agreement for any reason you (and/or any Additional Cardholder) shall forthwith cut all Cards in half and return them to us and repay the whole balance outstanding on the Account which shall continue to bear interest at the relevant rate after as well as before any judgment we may obtain against you.

(d) On your death, your obligations will continue until all Cards have been cut in half and returned to us and all amounts due to us have been repaid and any Additional Cardholder shall immediately cease to use the card and shall cut it in half and return it to us.

11. GENERAL

well I’ve hopefully typed out the bits necessary.

Please will someone just check this and let me know if the agreement with the t&c's is enforceable. I have doubts that it is but I don’t want to make a mistake and would really and truly appreciate your help.

Thanks

Wealthy in spirit only

[creditcardmug]

I presume the one you signed is the one in post 47, there are no prescribed terms on it.

 

The one in post 48 has the prescribed terms, but how do we know that it formed part of the original, they could of typed it out yesterday, if it doesnt have your signature its meaningless,IMHO

[wealthy]

I agree with you totally. However, I am assuming it is the back of the page I signed, so if it goes to court I assume they have to produce original, so would it then be seen as enforceable if the t&c's were on the back of the signed part.

The creditor has not signed or dated the one in post 47, would that make any difference?

Are they supposed to provide an eg with an amount to let the person know how long it will take to clear the balance?

Should they not have stated a credit limit on the signed side?

I don't think there was anything about default charges would that make any difference?

I've read so many posts to understand the mechanics of this but everything seems to be a jumble in my head.