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Morgan Stanley CCA- received Barclaycard terms in response**WON, THEN WON AGAIN!!!**


noomill060
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or maybe I just tell them to go forth and multiply as I dont acknowledge any debt to them due to lack of agreement, and tell them to pay me what they damn well owe me?

 

(Which has naturally accrued another £80 of interest @ 26.8% compound, since I calculated it for the original schedule of charges. The magic of compound interest!)

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I cannot understand why I have not seen this splendid thread before!

 

Whilst there is some merit in making these eejits let you keep the card, I think the potential for courtroom amusement (and subsequent bad publicity for Sharklays) is so great that you really should see the claim through. The prospect of watching their lawyer try to explain how his client has regularly taken money for PPI, yet denies doing so, and how, despite a premium being paid, no cover was ever provided, is wondrous. Then he can tell the judge why Barclaycard have tried to mislead and decieve by providing documentation that quite clearly doesn't relate to the agreement you may have had with another company - or was it two other companies? He might tell the court why his client decided, at the last moment, that in fact you were someone else, and sent you papers with personal details upon them - or maybe he'll just admit that his clients are in breach of the DPA 1998, as well as CCA 1974 and CPUTR 2008.

 

I have my diary ready for the court date...

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The most insulting part of all this, is that the microfish MSDW application form they sent me, relates to some cotton spinning Lancastrian! :eek:

 

I'm Yorkshire - born, bred and buttered- a woolyback Tyke to the core!

 

Lancashire- yikes! All that Accrington red brick, miles of it -as far as the eye can see :eek: - *shivvers*

 

Grrrrrrrrrrrrrr!!

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Hi noomill060,

 

This is a VERY interesting thread as I am just about to start the exact same path in the next few days, even my years and companies envolved match yours to! Just prey I have the same result. My only worry that due to advice of CAB I've been paying a nominal x to Goldfish for quite sometime but as you say Barclaycard have now taken over the Goldfish business and they promptly stuck me with the Mercer/Caulder route of inhouse DCA's.

 

Still I really hope I can enjoy some of the moments like you obviously are!

 

Thank you for supplying the light at the end of the tunnel.

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img287.jpg

 

Hmm, theyre trying a different approach now and explaining more :)....

 

Yet if you request to see all documents under a SAR request, they *should* have to provide a real copy of the original document and not a true copy... yet I've read on this forum of the response coming back saying the agreement was sent back under the terms of a CCA request and the rest of the info will be under the SAR request which I'm sure the information comissioner would want to know about as it means the SAR is being defaulted on surely :-D

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"Embodying the terms"

 

"We do not class the account as in dispute...we will carry on collection services"

 

The drivel in this is highly entertaining- check out the thinly veiled reference to the Rankine judgement!

 

What planet are these muppets on?

 

We've seen this nonsense on many other threads and PT has torn it to sheds.

 

 

Jayzuz, the application form they refer to belongs to the guy in Lancashire.

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ah yes, Mr Sefton,

 

He sent me the same letter on behalf of a client, how kind of him to try and tell us what the law says, after all we are only a firm of lawyers but ho hum. any way, he finished telling me why he was not obligated to supply the signed document

 

only problem was, he had sent a copy of the original, no other docs, no terms and conditions and the document he did send was grossly illegible

 

so i sent him a nice letter asking him, since he is so schooled in the CCA and the regulations, would he mind going and reading regulation 2 of the Consumer Credit Cancellation Notices and copies of Documents Regulations 1983

 

Youve gotta give them credit for trying though

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I am getting closer and closer to just sending a letter saying "Have you got a copy of my original signed agreement, or haven't you? If you have and you can produce it at any court hearing, why can't I see it now? If you are not letting me see it now, I can only assume you believe it to be unenforceable."

 

I know that is not the 'right' way to proceed, but when I see this stuff.....

 

DDxx

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Yes, that must be the thread I remember reading your comments on, PT.

 

I've rejected their offer to settle the monetary part of the claim only, so lets see what their defence brings. They have until the 28th.

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Ah, Mr. Sefton has rather shot which he himself in the foot;

Regulation 7!

 

Also, the case/judgement to which he refers has been, is considered faulty by several barristers...it is only a matter of time before it is overturned.

 

AC

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