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    • The last photo shows the overflow carpark looking at the block which our room was located. When we got out of the car my partner thought that the building was for staff accommodation.  The unsecured bedroom window opened onto this car park.
    • Also I see that you are doing a lot of this on the telephone – and without any written confirmation. This is a big mistake. You need to start taking this matter seriously and so everything should go in writing. If you have telephone calls then they should normally be recorded. Read our customer services guide. You should make notes about every telephone call and then you should send an email to your telephone correspondence confirming what they have said or what they have agreed. It is important that you keep detailed paper trails here. Of course we may be jumping the gun and maybe big motoring world will step up to the mark – but I'm afraid that they have a lousy reputation has you have seen and so you need to start practising survival techniques and protecting yourself. You say for instance in your letter of rejection that the mechanic told you on the telephone that the gearbox needed replacing. Do you have any other evidence of this conversation? This is going to sound a bit harsh – but other people will be visiting this thread as well for their own purposes. You conducted their research about this company before you bought the vehicle. You now are fully aware that this is a company which can be very difficult to deal with and causes a lot of problems for many of their customers and yet you are still taking a telephone/verbal approach. Do I need to say any more? Also one of the documents you put up is an email exchange but it is not clear who is writing to who or what dates. If you showed this email to somebody in a pub they would be asking lots of questions about who sent the first message, who sent the second message, what dates were they sent et cetera. Please think about this before you post things. Please can you clarify the details of that email exchange. Please will you present the information carefully. We are all volunteers here and we have to rely on you to do the spadework
    • I told the DM that the room was not acceptable because of the reasons already mentioned. He informed me that they were full that night and that they could move me to the room next door (would not solve my problem with the rooms location). Told the DM that I could not stay in the room provided for the night so left no option but to leave. DM did not reply and I walked out.   IMG_1475.pdf IMG_1476.pdf IMG_1477.pdf
    • Please will you upload your documents in PDF format in future. It is unhelpful to have them in word format and also word documents will carry personal details relating to you and your computer.
    • Thanks for letting us know that you had a conversation with someone – I sort of imagined that you might tell us what the conversation was – who said what to whom…
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Discussion on enforceability of agreements


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I thought it was 21 days too, followed by a further letter allowing another 21 days as per templates near start of thread to show have been "very reasonable"

 

I thought it was a N244 not an N149 you sent afterwards too :confused:

 

Yep, if I read the original posts right then you have to show being reasonable to protect yourself against possible costs:shock:, i.e. CCA/SAR/CPR 21 days, CPR 14 days then N244 possibly

 

N149 is the allocation questionnaire form:?

 

Confused PmW

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Yes with the CPR you have to show you have been reasonable and taken every other route to requesting documents before you ask the Court.

 

CCA = 12 + 2 days

 

S.A.R 40 days

 

CPR 21 days X 2 (2 letters) (I gave mine 28 days to show how nice and reasonable i was!)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Steven 4064,

Know you have a life away from this site. But you asked me to post the copy agreement with Nat West (who didn't ammend the original once my partner cancelled her PPI within the cooling off period). Tried to scan but have horrilble feeling that it can't be enlarged on this thread. If so can I send a copy as an attachment on hot mail as that works so it can be read. :oops:

Look forward to any observations and thanks again.

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I am investigating the numbers (dates?) printed on the bottom of both sides to see if they tally up - should they be exactly the same, does anyone know?

 

Also, what about the fact that there is no box to accept or decline PPI or any mention of PPI anywhere on the agreement, yet OH has been paying PPI since the date the card started?

 

Thanks again,

 

Landy x

 

The numbers on the bottom left of the first side of CCA are as follows -

 

DPBT-01/05

 

and on the second side bottom right -

 

MB-101-F-02-04

 

and below this -

 

DP-12-04-8113-2.9/15.9 6

 

Now the 01/05 looks like a date (card was taken out in 05/05)

 

and the second two numbers each contain what could be a date -

 

02-04 and 12-04.

 

Am I right in thinking these 'dates' should be the same if from the same agreement?

 

I would very much appreciate your opinions, please, both on this and the lack of provision for a PPI option!

 

Thank you,

 

Landy x

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Yes with the CPR you have to show you have been reasonable and taken every other route to requesting documents before you ask the Court.

 

CCA = 12 + 2 days

 

S.A.R 40 days

 

CPR 21 days X 2 (2 letters) (I gave mine 28 days to show how nice and reasonable i was!)

 

Is it essential to send for a SAR before requesting under CPR?

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Hi All,

 

Getting back to the subject of enforceability of agreements, could anyone with the knowledge please take time to look at post #7 of this thread and possibly let me know what the verdict is:-

 

Blair, Oliver & Scott Prompted into action

 

Also if possible look at post #22 on this thread and give me the verdict:-

 

1st Credit Reponse to CCA request, start of a long year.

 

As you will see I quite new to this game and not sure where I stand with these two.

 

Many thanks for any help you can give, if you need more from me just ask.

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deepdebt

 

The agreement in post #7 of http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180523-blair-oliver-scott-prompted.html is enforceable as it has the prescribed terms (Immediatley above the notice "IMPORTANT YOU SHOULD READ THIS CAREFULLY") and your signature.

 

The agreement in post #22 of http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/180521-1st-credit-reponse-cca.html is only enforceable if the two pages are front and back of the same document as the signature is on the first and the prescibed terms are on the second (under point 7)

 

Have a read of http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements.html - that will make it all clear (I hope)

 

 

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Hi Steve, I too want to thank u for all your useful insite.

 

Do you however know if i can challenge a mortgage agreement in the same way that i can challenge a credit card or loan agreement and if so how do i go about doing this.

 

Many thanks.

Mortgages are usually more than £25K and therefore are not regulated by the CCA 1974.

 

 

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What are the implications if a creditor has made an error with their date stamp on your application form/agreement? One of mine has the creditor's date preceding the date I signed by about one month. As this was an application form and, I believe, therefore a pre-contractual agreement, doesn't this change the whole nature of the document?:confused:

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What are the implications if a creditor has made an error with their date stamp on your application form/agreement? One of mine has the creditor's date preceding the date I signed by about one month. As this was an application form and, I believe, therefore a pre-contractual agreement, doesn't this change the whole nature of the document?:confused:

 

Think from reading the regs that makes it incorrectly executed but enforceable by a court order. See Stevens thread re: docs for possible clarification

 

HERE

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What are the implications if a creditor has made an error with their date stamp on your application form/agreement? One of mine has the creditor's date preceding the date I signed by about one month. As this was an application form and, I believe, therefore a pre-contractual agreement, doesn't this change the whole nature of the document?:confused:

 

What if the date stamp is 2 years after you originally signed it? (They waited 2 yrs before stamping it).

Actually it's missing all Prescribed Terms but wondered what the implication would be if the terms had been present.

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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hi all im having abit of a fight with barclaycard,can someone tell me if this is an enforceable credit agreement? the first two pictures are of the letter i received along with the agreement.

 

http://i664.photobucket.com/albums/vv10/carteroo5/img003.jpg

 

http://i664.photobucket.com/albums/vv10/carteroo5/img004.jpg

 

http://i664.photobucket.com/albums/vv10/carteroo5/img005.jpg

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hi all im having abit of a fight with barclaycard,can someone tell me if this is an enforceable credit agreement? the first two pictures are of the letter i received along with the agreement.

 

http://i664.photobucket.com/albums/vv10/carteroo5/img003.jpg

 

http://i664.photobucket.com/albums/vv10/carteroo5/img004.jpg

 

http://i664.photobucket.com/albums/vv10/carteroo5/img005.jpg

 

Its a fast track application form, it has a signature so could possibly be enforceable if it had any prescribed terms on which it doesnt so I would say No way jose to Barclaysharks... is this all they sent you, no back to the app form at all?

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