Jump to content


  • Tweets

  • Posts

    • I'm not sure we were on standard tariffs - I've uploaded as many proofs as I can for the ombudsman - ovo called last night uping the compensation to 100 from 50 pounds for the slip in customer service however they won't acknowledge the the problem them not acknowledging a fault has caused nor are they willing to remedy anything as they won't accept the meter or formula was wrong.   I'd appreciate more details on the economy 7 approach and I'll update the ombudsman with any information you can share. 
    • To re-iterate and highlight my urgent question on this one: The N24 from the court did not include any instructions to submit paperwork 28 days before the date, unlike the N157 received for other smaller claims. Do I have to submit a WS for this court date? Link has!...
    • No, reading the guidance online it says to wait for a letter from the court. Should I wait or submit the directions? BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?
    • Thanks for opening, it's been another rough year for my family and I've procastinated a little.. Due to the age of my defaults on this and other accounts (circa 2021), I really need to avoid a CCJ as that will be another 6 years of credit issues. Mediation failed as I played the 'not enough info to make a decision' however during the call for some reason they did offer settlement at 80%, I refused. this has been allocated to small claims track, court date is June 3 and I've received their WS. I'm starting on my WS. They do appear to have provided everything required of them (even if docs could be reconstructions). Not really sure what my argument is anymore but I do want to attend court and see this through. Should a judgement be made against me then I will clear the balance within 30 days and have the CCJ removed - this is still possible isn't it? I'm going to be reading up today and tomorrow and hope you can provide me some guidance in the meantime. Wonder what your advice would be given the documents they have provided? I am now in a position to clear the debt either by lump sum or a few large installments - Is this something i should look into at this late stage? Thanks as always in advance
    • I have now received my SAR. It includes a great deal of information! Is there a time limit on how long account information is kept and/or can be provided to debtors? I have received many account statements which were not previously sent to me. I remember that the creditor should provide explanations of any acronyms and abbreviations that maybe used in the documents. Is this still the case? Also what, if any, are the regulations in regard to adding fees to a debt? Can fees be added to a debt after the court has approved a charge on a property. Perhaps due to the numerous owners of the debt, many payments I made were not properly recorded on the account, some were entered over a year after the payment was made! Following the Legal Charge, I paid every month until my payments were refused. I am trying to compute the over payments, but the addition of fees etc. is confusing me. Any comments and/or help would be appreciated.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

1st Credit/moon beever Claimform - AA HBOS***Settled Tomlin Order***


gill5blue
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3313 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

I wonder if any one could help

 

I have a credit card with the 'AA',

 

my husband signed up for it at the Dover port,

 

he was going to france for a day trip, this was in May 2004,

 

can I send a CCA request and how has other people been succesful or not.

 

The credit card is owned by BANK OF SCOTLAND

 

GILL5BLUE

Link to post
Share on other sites

  • Replies 239
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 2 months later...

From what I can see it is an application form.

 

It seems to have some of the perscribed terms.

 

 

on the back, in a box it states

"These terms and conditions are taken from clause 1 of the BOS conditions of use.

Please refer to them for applicable definitions"

 

It also makes mention of a clause 8.2 which is not on the document?

 

By refering to this document, it should have been returned in your CAA request at least.

 

There is no where on the agreement for the creditor to sign, so how could it be executed?

 

Personally I don't think it is a proper agreement and is missing terms and conditions.

I would write asking for them to complete the CAA request

and send the terms and conditions the document refers to.

 

I can't see it enforceable at the moment,

but please confirm this with some more experienced members as I am quite new to this,

and don't want to give any misleading information or false hope.

 

NAB

I'm not a legal expert. Any help or advice I offer is based upon experience gained from this fantastic forum.

Link to post
Share on other sites

Hi

Can't see any of the prescribed terms on there.

The presence of the request for personal inftormation would also lead to the appearance of an application rather than an agreement.I think you have a good case for challenging this under section 127(3) and 4

 

 

Good luck

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

  • 2 months later...

Hi

Thanks for the help so far.

The 'application form' I posted on photobucket is actually the one my husband bought home with him when he applied.

 

I did CCA 'AA' and they did not even send a copy of the 'application form'.

 

They responded with current terms and conditions nicely printed out-it looks nothing like the copy I have.

 

The help I need is understanding their wording of their letter:

 

They state they have included a copy of the 'executed agreement'

and a copy of the 'current terms and conditions' and they state they have complied under section 78

 

this is the bit that confuses me

they state they will not be entering into any further correspondence relating to the provision of copy agreements?

 

ARE they correct?

gill5blue

Link to post
Share on other sites

  • 3 weeks later...

Hi

I have written to AA (Bank of Scotland) sending the no acknowledgement letter

and also included 'all communictions to be done in writing'- too many phone calls from them.

 

Thanks for the support,

 

 

I do waiver now and again in beleiving this can be unenforceable.

 

gill5blue

Link to post
Share on other sites

  • 7 months later...

Hi

Updating threads today!

 

Since May 2009 AA have used Albion Collections to communicate that we should pay the debt.

I have sent the standard CCA letter in response.

 

I have now received a letter from RBS stating that

 

 

'I had previously requested under section 78 of the CCA 1974 a true copy of the executed credit agreement,

and they have provided me with a reconstitued version of the executed agreement

when the account was opened and also the current one.

In summary, they do not have to supply an actual copyof the ducument signed, only terms and conditions.'

'Although there is no requirement we have sent a copy of the original signed agreement.'

 

They sent me a copy of the application form.

Are they correct in their statements?

GILL5BLUE

Link to post
Share on other sites

  • 4 months later...

Hi

I am now receiving more mail from Bank of Scotland,

following my letter to them recently(reminding them of no proper response to CCA).

 

In their letter they state they have served me with a Default Notice,

 

 

I keep all the correspondence from them and I dont have a copy(or remember receiving a copy ).

 

Is there a letter I should use to ask for a copy of the default?

Link to post
Share on other sites

  • 1 year later...

Hi ALL,

 

The last I heard was from Horwich Farrelly,

who said they were waiting for instructions from the creditor,

this was in Dec '10.

 

I received a statement from AA in Dec '11.

 

It does not exist at Experian.

 

GILL5BLUE

Link to post
Share on other sites

  • 2 years later...

Hi All,

long time no chat,

 

My husband has now received a county court claim form for the AA credit card.

 

The claim form is from 1st credit and Moon Beever.

 

I sent them the 'CCa request' in March 2009

 

I sent them the 'no acknowledgement letter' in April 2009

 

I have received many letters from different solicitors and debt collection agencies over the years,

but I have never acknowledged the debt(meaning my husband).

 

I have a couple questions if somebody could answer please

 

1) I dealt a lot with credit cards and no proper credit agreement in 2008/2009,

has there been any changes regarding the law since then.

 

 

2) would my defence to the court claim be 'no acknowledgement'?

 

Hope to hear from somebody soon

Cheers

Gill5blue

Link to post
Share on other sites

Hi All,

long time no chat,

My husband has now received a county court claim form for the AA credit card.

The claim form is from 1st credit and Moon Beever.

I sent them the 'CCa request' in March 2009

I sent them the 'no acknowledgement letter' in April 2009

I have received many letters from different solicitors and debt collection agencies over the years, but I have never acknowledged the debt(meaning my husband).

 

 

I have a couple questions if somebody could answer please

1) I dealt a lot with credit cards and no proper credit agreement in 2008/2009, has there been any changes regarding the law since then.

2) would my defence to the court claim be 'no acknowledgement'?

 

 

Hope to hear from somebody soon

Cheers

Gill5blue

 

Have you or your husband checked the credit reference files?

If not do so to see what the default date is.

Did the CCA request produce the agreement?

You need to acknowledge the claim asap.

Please post up the Particulars of the Claim (POC) after removing all personal data.

 

 

When was the last payment or written acknowledgment made to the account.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi Brigadier,

Thankyou for responding, it is not on my credit file, I cant check my husbands at the moment. Would it be on mine if it was on my husbands?

The CCA request did not produce a valid agreement. you can see it on post No 4 above.

Cheers

Gill5blue

 

 

OK Gill acknowledge service you can do this at moneyclaim on line.

 

 

I would send 1st Credit a CCA request asap.

 

 

As this was signed up pre April 2007 1st Credit will need the original agreement, or a proper copy of it the app form will not I thing be acceptable.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi Brigadier,

Thankyou for your response.

Do you know if the default would be on my credit file if it was on my husbands credit file?

Cheers

Gill5blue

 

 

The only time when an entry would be made is on a joint account so it should Not be on your files.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • 1 month later...

Hi,

 

I have sent a defence to the court, sent 31/08/14

 

I have now received a letter from 1st Credit, stating

 

We are obliged to file and serve our directions questionnaire which in enclosed by way of service upon you.

 

 

We also enclose our proposed draft directions.

 

 

You are obliged to confirm if you agree to the enclosed.

 

 

If you do not you should make your own proposals and we will consider before filing the draft directions at court.

 

 

My questions are:

 

am I obliged to do what they say?

 

what would my own proposals be?

 

I don't understand what I'm supposed to do

Link to post
Share on other sites

Hi,

 

 

I have sent a defence to the court, sent 31/08/14

 

 

I have now received a letter from 1st Credit, stating

We are obliged to file and serve our directions questionnaire which in enclosed by way of service upon you. We also enclose our proposed draft directions. You are obliged to confirm if you agree to the enclosed. If you do not you should make your own proposals and we will consider before filing the draft directions at court.

 

 

My questions are:

am I obliged to do what they say?

what would my own proposals be?

I don't understand what I'm supposed to do

 

 

Yes you must comply.

What " directions has 1st Credit supplied?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • 3 months later...

Hi,

We went to court today and the Judge stated that our defence was incomplete.

 

 

We had to pay court costs!!

 

We have 21 days to complete a proper defence. 26/02/15

 

Then 1st credit have 2 weeks to reply. 12/03/15

 

Then a new court date for a summary judgement (for 1 hour) will be booked.

 

Date last paid account 31/03/2009.

 

Would 1st April 2015 be statue barred date?

 

Could some help with defence?

 

Gill

Link to post
Share on other sites

can you fill this out please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

and post up the defence you file [minus any pers info ] please

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

gill, when the claim was issued then the SB clock was halted so sadly no, you will not be able to use SB

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

In order for us to help you we require the following information:-

 

Claimant 1st credit

Date of issue –

 

What is the claim for –

The claimant claims the sum of £13k for debt and interest.

On the 01.04.2004 the defendant entered into an agreement with AA personal finance ltd for a credit card ref no 9999.

On the 01.11.2009 the defendant defaulted on the agreement with outstanding balance of £12k

the debt was assigned to 1st credit for the sum of £12k.

Notice of assignment was sent to defendant in accordance with S.136 law of property act 1925. and

claimant claims

1. the sum of 1£2k

2. Statutory interest pursuant to section 69 of the county court act 1984 at a rate of 8%

per annum from 01.07.2013 to 01.08.2014 £1000.00 and 2.49 daily rate until judgement or sooner payment.

 

What is the value of the claim? £13k

Is the claim for a current account (overdraftlink3.gif) or credit/loan account or mobile phone account? credit card

When did you enter into the original agreement before or after 2007? before

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes

Did you receive a Default Notice from the original creditor? yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

Why did you cease payments? i believed they have an unenforcable credit agreement

What was the date of your last payment?31.03.2009

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif plan? no

Link to post
Share on other sites

Hi,

To explain the dates further

03.09.2014 courts letter acknowledging defence recieved

24.09.2014 Received letter from court 'notice of proposed allocation to the fast track'

01.10.2014 received letter from 1st credit serving directions questionnaire and they are preparing for summary judgement.

09.10.2014 received application notice for summary judgement.

27.10.2014 letter from court transferring to a local court.

03.11.2014 notice from court-hearing to be 05.02.2015.

05.02.2015 judge said we have 3 weeks to put in a more comprehensive defence(I think that is what she meant)

 

 

Hope that clarifies the dates

Gill

Link to post
Share on other sites

post up the defence you filed [minus any pers info ] please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...