link/kearns claimform - Old Morgan stanley Card - chasing again - now stay lifted - i'd moved!!

[dx100uk]

yes it is but no name or address on it.

 

the M+S form is an application for the card and in IMHO illegible

doesn't appear to contain all the required prescribed terms.

and doesn't appear to relate to any external T&C's which is important as a credit agreement would.

 

the BC T&C contain your details and are from 2012 but are the std 620000 T&C most DCA's roll out to a BC CCA request

and ofcourse DID the MS card change to a BC card at that year/date 

I doubt it.

 

 

[Crolthtroll]

The copy I have of the MS application form is better than the scan copy although a bit distorted I can make everything out that is on the top half. The bottom half is harder.

 

Are you able to post a link to a list of the required prescribed terms?

 

I have been reading lots of previous threads all of them closed is this why I am unable to open and view any of the attached uploads?

 

I am trying to find examples/copies of unenforceable agreements or even a MS agreement of a similar date to mine.

 

[dx100uk]

done a bit of work

there are quite a few here

many were lost when we had a virus attack many years back.

 

search now

click the top red banners CAG squares logo

then use the custom google search 

 

morgan stanley

 

you'll find none are enforceable

esp with relation to T&C's no'16'

mentioned on  the front sheet

 

renders the application form devoid of some of the required prescribed terms

 

[Crolthtroll]

Hi dx, 

Received a letter from Kearns saying make contact by return or we will go to trial

 

I also recieved a statement of account from Link they are adding interest every month of nearly £40

the balance has now increased to nearly £8000

can they do this pre trial?

 

Its a bit worrying as I dont have any money don't work as I permanently look after my great grandson my husband supports us on his pension.

 

[dx100uk]

bet it doesnt say WILL anything.

 

link always add interest as they think they can

and the 10'000's of mugs that paid them never questioned it

that's how the big man was able to fund all his expensive mansions around the uk.

 

dx

 

[AndyOrch]

Pointless adding interest to a stayed claim....but thats Plink for you...and why they dont issue many court claims.

 

Andy

[Crolthtroll]

The letter says

 

" We should be grateful to hear from you with confirmation of your position and any material dispute by return as we are instructed to file an application to progress the claim and it is in the interest of all parties and judicial time that any required directions be considered at that stage."

 

They called me again today and left a message I am just ignoring all attempts to contact me. 

I do intend to apply for a DRO if I loose at trial as I simply dont have any money to pay them with.

 

I moved house 16 months ago that I was on the title to with my husband and was mortgage free into a house left to my husband and his brother by there mum, my husband bought his brother out with half the money from the flat and registered the new property in his name only.

 

Do you think Link would be able to get a charging order on the new house because I live there.

Also if they do win and enforce the terms of the agreement there is one that financially excludes my husband from any liability so could that prevent a charge being applied?  

[dx100uk]

ellis you've been here 10yrs

you should know CAG is also self help.

 

in a way its a begging letter.

threatening to file an N244 for £100 and lift the stay as they think they have magic powers, 

 

if you own no assets they cant get a charge and no its your debt not your oh's.

 

 

 

 

 

 

[Crolthtroll]

Thanks dx for your valuable support, I guess I feel a bit worried and needy right now as I don't have much reading time looking after a hyperactive 3 year old at my age. I have memory problems and seem to struggle using the search engine here on my phone. 

[London1971]

My experience with Link..

 

10k Credit card with MBNA, lots of threats, begging letters, phone calls.  Ignored the lot of 'em. Went statute barred in 2014. Never went to court. 

[AndyOrch]

Quote

 and registered the new property in his name only. Do you think Link would be able to get a charging order on the new house because I live there. 

 

No.....

[Old Cogger]

if you are not on the deeds then NO as he cannot be penalised for a case he is not involved part of!

Edited October 30, 2019 by Old Cogger

[Crolthtroll]

I have been reading through the cc act 1974 on the gov web site and found the following definition. 

 

• " unexecuted agreement " means a document embodying the terms of a prospective regulated agreement, or such of them as it is intended to reduce to writing;    

•  

Could this be interpreted as an application is in effect a prospective regulated agreement and therefore is in it's self unenforceable? Does "or such of them as it is intended to reduce to writing" mean what terms are intended to be embodied in the actual agreement?

[Crolthtroll]

Ok I have done some more reading. Applications that state they are credit agreements become executed once signed I have to argue that it is not properly executed should it get to court, is that the correct interpretation?

[dx100uk]

Prescribed terms

[Crolthtroll]

Hi, I have received a letter from the court today.

The stay has been lifted without a hearing.

Letter went to my old address and the order is dated 20th nov.

 

I need to apply to have the order set aside varied or stayed.

 

Please can I have some help with this. 

 

Many thanks

[dx100uk]

sounds like an admin error? we've seen northants bulk do this before here..

you do have proof you informed the court of your correct address and you've not moved since the issuance of the claim anyway?

 

 

 

@ellis01 said:

Quote

I Moved 16 months ago

 

opps that was silly!!

 

so not an admin error then..

 

yes you need to set this aside

 

can you scan up the letter please?

 

[Crolthtroll]

How long have I got to apply is it 7 days from date of order?

 

Here are the letters received today.

 

 

SJ.pdf

[dx100uk]

strange the judgement is dated 20th but at the bottom they say 8th november

and whats the N180 about too?

 

p'haps andyorch will pop in and help or comment.

[AndyOrch]

Responding to your PM

 

Its simply an application to lift the stay and proceed to allocation......pointless to set a side or stay the application....on what grounds ?

Complete the N180 and file and serve by the date instructed.

 

Here is our guide to completing the DQ

 

 

 

 

Regards

[Crolthtroll]

Thank you Andyorch. 

[Crolthtroll]

Hi All,

I received a mediation appointment offer this morning, I am assuming I call them and say I have not received enough information to enter into mediation.

 

Thanks

[Crolthtroll]

Thanks again for your support I made the call today. Kearns haven't called them yet. 

 

Merry Christmas and happy new year

[Crolthtroll]

Hi All, 

 

I had the mediation call and am now waiting for court directions.

 

I have a quick question' should there be an assignment letter from Morgan Stanley to Goldfish and then from Goldfish to  Barclays? 

Thanks

[AndyOrch]

There should be...as that was the chain of assignments with MSDW credit cards