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    • Hi i have attachd photos and the letter also there are 18 questions   1.Do you uderstand the caution? "you do not have to say(or write), anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court, anyrthing you do say may be given in evidence.   2. please sate your full name and address   what is your occupation and how long have you held this position.   what is the name of your employer the company you own?   3. please give your full account of how waste that contained correspondence addressed to you was found to be fly tipped material depositiied it then shows a map.   4. did you produce the controlled waste, shown in KM2 - KM6 below, deposited on the named road.   KM2 I have never seen before in my life KM3 is not a clear picture i cannot say i recognise or dont recognise these objects.   5. if not, do you no who produced the waste shown in photographs KM2 - KM6 depositied ---- if so please state there name and address.     6. did you deposit the waste, shown in photographs.   7. if the awnser is yes to question 6, please state why and the date you depositied the waste.   8.if the awnser was yes to question 6, did you ask permission to deposit the waste there? if so please give details of person or company.   9. if you did not depsoit the waste shown in photographs KM2 - KM6, depositied (name of road) do you know who did? please state name, address.   10. have you organised or paid to have any waste removed?   11. if the awnser to question 10 is yes, do you recognise any of this waste in photographs KM2 - KM6 pkease state photograph numbers.   12. if you asked or employed a third party to remove or organise and manage removal of waste, please state details name address etc. as well as a written agreement.   13. if you trannsgerred waste to a third party please state on what date, how i found the individuals and when i contacted them.   14. if you did employ or ask someone to remove the waste produced by you, did you check to see if they were a licensed waste carrier with the enviroment agency.   15. if you transferred waste to a third party describe the vechile used to transport the waste away.   16 uf you transferred waste to a third party please describe the persons involved.   17. did you do everything you now believe to be reasonable actions in the circumstances to make sure that any waste produced by you was transferred to a authorised person or registered waste carrier? please list actions taken, what else could you have done to check?   18. is there anything else you wish to add.     I have trid to upload files direct to this website but it said error 200   https://docdro.id/gnI3oBJ   https://docdro.id/BsMEPgn   https://docdro.id/i70Eu9U   https://docdro.id/gOhhUVe   Sorry i pressed something my keyboard and it sent
    • Thank you for that. I can't see any photos though, maybe you're working on that.   HB
    • Hi i have attachd photos and the letter also there are 18 questions   1.Do you uderstand the caution? "you do not have to say(or write), anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court, anyrthing you do say may be given in evidence.   2. please sate your full name and address   what is your occupation and how long have you held this position.   what is the name of your employer the company you own?   3. please give your full account of how waste that contained correspondence addressed to you was found to be fly tipped material depositiied it then shows a map.   4. did you produce the controlled waste, shown in KM2 - KM6 below, deposited on the named road.   KM2 I have never seen before in my life KM3 is not a clear picture i cannot say i recognise or dont recognise these objects.   5. if not, do you no who produced the waste shown in photographs KM2 - KM6 depositied ---- if so please state there name and address.  
    • The disadvantage to a creditor of a charging order or restriction is that they have to wait for their money.   The advantage to a creditor of a charging order or restriction is that it doesn’t become statute barred. It isn’t a “new cause of action”, and needs neither a new court claim nor a court’s permission to enforce, so they just sit back and wait (no six year limit).
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carpinjoy

SKY CARD (part of barclays) CCA

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3980 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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Can someone please have a look at this and confirm what I believe, I think that this credit card is enforcable. Thank you claggers. The forum is telling me that I cant post an attachment at the moment I will get it on asap.

Edited by carpinjoy

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I cant get it posted as the system is saying that I mat not post attachments ???. Can someone please help. I posted attachments on two other issues earlier, so I dont understand why I cant do it on the SKYCARD issue:confused:

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Moving your thread into the BC forum.

 

If you're having probs using an attachment, could you instead link to the doc't using Photobucket.

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html


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Need some inspiration here, I have posted 3 different attachments today all on cag site with no problems, yet I still cant post my CCA onto this thread. I have tried photobucket that is worse, I just dont know why it wont let me post on the barclaycard thread. At the bottom of all the faces it is telling me I cannot post attachments. Can someone help please.

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I'll report this to see if our WebTechyBod can explain and/or rectify this for you.


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Unfortunately, this contains all the prescribed T&C's - as long as this originally had your signature on.

 

The only thing wrong with it is the stamp, which is across part of the T&C's - but I doubt this is enough to put the account into dispute.

 

I would recommend writing to them and asking that they accept lower payments if you are finding it difficult at the moment.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

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Thank you clemma, I thought it was allright, I have been in touch with them and quite honestly out of all 6 crediters that I owe money too, they have been the most pleasent and accomodating with no threats or defaults, and accepted the minimum payment for 6 months. If only the rest had the same attitude I would not be in this position. Still the rest have a war on their hands as it looks like 3 are unenforcable, and the other 2 you know about. Many thanks again clemma, I will keep you and the rest of our happy band updated as things progress.

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You should be able to upload attachments to this forum now - let me know if it's still a problem

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Thank you for the help,I posted it on one of my other thtreads in desperation and asked for it to be moved over so I hope the two dont clash.

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Hi Carpinjoy, I concur with Clemma, this is enforceable.

 

Good that you've come to an arrangement with them though.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks for looking shadow, do you agree with clemma on the Y.B. CCAs on the other thread

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Hi Carpinjoy, i have the exact same application form from Skycard and have been arguing the case as they have not stated a credit limit it is unenforceable and that it is not signed by the debtor. I was in the middle of drafting a letter stating case law below when i saw this thread:-

 

I refer to the case Central Trust Plc V Spurway [2005] CCLR,where HHJ Overend states

 

24. In my judgment, the passages of Lord Nicholls’ speech cited by Mr Say persuade me that:

 

(a)The amount of credit must mean credit in its technical sense, and

(b)That although the use of the word “credit” is not prescribed, there should not be any confusion in the mind of the lay reader as to what the amount of credit is.

 

 

This is my first post, although i have been a member for quite a while, and picked up some very useful information.

I am now in a quandry as what to do now as i have seen a lot of Shadows postings and he is much more knowledgable on these matters than i am.

I would appreciate his/anyone's opinion on this?

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Whilst the skycard doesnt state an actual figure it does have a statement that the provider will set the credit limit and advise you of this limit.

 

This thread details the prescribed terms

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

 

I quote from that thread.

 

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

 

Sorry..

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Looks like S. is right on this marc.w, I wish that he was not. I thought in my own mind that it was allright after looking at other threads on other CCAs and it seemed to me that skycard had covered all the bases, sorry. Keep clagging on this thread if you persue your CCA with them as I would be very interested as to how you get on.

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I have the same problem getting this attachment posted, so I have decided to post it on this thread since the problem with my attachment was sorted on this one, please move it when the problem is sorted on the other thread. Will someone look at this and let me know what you think. A big THANK YOU. problem occurs when I start a new thread.

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If the 3rd and 4th pages were also signed by you, then this looks enforceable to me.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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page 3 is the only one with my signature ( where the arrow points to the right). No signature box in page 2 titled credit card agreement.

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It's quite possibly still enforceable....


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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As all 4 pages are clearly linked I would say enforceable.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks to all, well four out of six is not bad, 2 Y.B, 1 Crap one, 1 Intelligent Finance, all seem to be unenforcable at the moment, plus 2 Y.B bank charges, 1 Barclays bank charges, I think that is enough to be getting on with dont you. I will require a lot of guidence as it all unfolds. A special thanks to S., sunflower99, and clemma.

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Sky have now sent a door collection bloke, he put me on the phone to them, they argue that since they refused the token payment and told me to get in touch with CAB (which I did, appointment set, I let them know the referance No and date of appointment), they are wanting more money from me, threatening to sell it on to a dca. I told them to go ahead as there is no chance of any more money getting paid to them. I have had a standing order in place since the start, which is still ongoing. The man left without any probs as he thought that I knew something about where I stand regards skycard. At least I think I do!!!. Am I right in thinking that the dca will have a go then pass it back, or will they persue the court line, surely not given my circumstances.

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Sky have now sent a door collection bloke, he put me on the phone to them, they argue that since they refused the token payment and told me to get in touch with CAB (which I did, appointment set, I let them know the referance No and date of appointment), they are wanting more money from me, threatening to sell it on to a dca. I told them to go ahead as there is no chance of any more money getting paid to them. I have had a standing order in place since the start, which is still ongoing. The man left without any probs as he thought that I knew something about where I stand regards skycard. At least I think I do!!!. Am I right in thinking that the dca will have a go then pass it back, or will they persue the court line, surely not given my circumstances.

 

You say the standing order is set up, is that to skycard paying the amount you have told them you can afford?

 

Did they back off when you gave them details of the CAB meeting?

 

Did you receive a default notice and termination for the skycard? Have you posted up for people to advise? The agreement may be enforceable but they still have to exit the contract properly.

 

As to court, I'm afraid it is a chance even if remove.....if you cant pay anymore and have no equity in house or other disposable assets then they wont get much by taking you to court.. its in nobodies interest to make you a bankrupt either unless you have the assets/equity.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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The standing order went into place when I sent a letter explaining my situation for a minimum payment as advised by CCCS, I sent a copy of CCCS report to Skycard in the same letter. All seemed to be okay untill I got a phone call from them stating that CCCS report not good enough, they then suggested that I get in touch with CAB, they would accept their report. Things have got turned around since then, they seem not to want to wait for the appointment that I have with CAB. Nothing in writing accepting or declining the CCCS request.:(

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The standing order went into place when I sent a letter explaining my situation for a minimum payment as advised by CCCS, I sent a copy of CCCS report to Skycard in the same letter. All seemed to be okay untill I got a phone call from them stating that CCCS report not good enough, they then suggested that I get in touch with CAB, they would accept their report. Things have got turned around since then, they seem not to want to wait for the appointment that I have with CAB. Nothing in writing accepting or declining the CCCS request.:(

 

 

Ok, obviously they now want to see what CAB come up with as a figure after CCCS decided £1 was all you could manage... ENSURE you tell CAB that CCCS worked it out at £1 and that Sky/Barclays turned that down and told them to go to CAB.

 

You need to play hardball with Sky/Barclaycard and stop speaking to them on the phone, in writing only!!!!

 

I would personally send them a letter saying you have made an appointment with CAB as THEY have requested and as such you DEMAND they back off until you have had a chance to speak to CAB.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Cheers Shadow, I will write to them tonight. It is funny why they have started on me now, especialy when they know my situation.

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