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    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
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Gingerbread

Silly Questions Anyone?

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Hi everyone, whilst waiting for a better copy of my cca I have a few niggling (probably very silly) questions. I wonder if anyone popping in can answer any for me please.

 

1) On my app. form it states do not complete shaded areas. Is there a simple explanation as to why I can't see any shaded areas? In other words...given that I think this is a microfiche copy (from 1992), are they able to do something technical to make the shaded areas unshaded? If so, why would the banks logo still remain shaded?

 

2) I know this was a postal application. Is there a simple explanation as to why I can see no fold marks?

 

3) There is a 16 digit visa number printed at the top of the form and another one hand written in their 'for Visa use only' section, neither of these numbers matches my current one. Is it ok for them to change the card number without signing a new cca? Also, why would the printed one at the top not match the one at the bottom?

 

4) Here's one I have yet to see on CAG lol! It states application form not approved. Could this be relevant or mean nothing?

 

5) Is it quite normal for them to have signed it on a Monday and for me to have received the card on the Thursday?

 

6) Anyone know what the letters mean which the Visa centre staff use when going over an app. form? I'm interested in particular in the letters they have next to my employers address.

 

6) There are a number of things that do not feel right about this document but two areas in particular are standout things which I know I would not have done. Within a few days of receiving it they sent me a 'pay up now and receive 40% off ' letter or they'll sell it on which makes me wonder why they would offer this if it was perfectly legit. How might I go about asking them to state that this is an exact copy of the actual form I signed at the time?

 

7) Am I completely insane to think they MAY have moved things around in order to accommodate some prescribed terms?

 

Thanks ever so much in advance to anyone who can help with any of my questions.

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Can you scan & post the application form removing any personal details

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Hi joemay,

 

This is the link to my thread....http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/204972-halifax-cca.html

 

:)

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Polite bump just incase anyone can help.

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I don't think your questions are silly,Gingerbread, but I don't feel qualified to give a definitive opinion on them.

 

Have you been able to find any similar application forms posted up so you can check for fold marks and shaded areas for instance?

I've looked at the apps on your thread, but can't see where it says "not approved", but I would have thought if that's the case, it would mean there was no agreement....just my take on it, only a guess.

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Patma, thank you ever so much for replying. The cca posted in my thread is not my cca. It's hard to tell if there might be any fold marks in Darknights (the cagger whose cca it is) due to them having scanned it in two halves. They also do not have the 'shaded areas' but the Halifax logo is shaded like mine and they also have a Visa logo too which is still shaded.

 

The 'not approved' message on mine appears in the for 'Visa use only' section. Don't know if it would count for anything but thought I'd mention it amongst that lot above just incase.

 

Thanks anyway for trying to help. I appreciate it.

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Hi Gingerbread is it possible to post your your application form, because it would be really helpful if you could . There are many people on this forum who could give you an experienced opinion on it.

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Hi again Patma, mine is identical to the one I posted. I was unable to post mine due to scanner not working and found the one I posted whilst searching. It's much clearer than mine as I am awaiting a more legible copy. :)

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ive got a silly question!

 

why is there only one Monopolies commission!!

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im pretty sure that the interest rates have to be more specific than quoted on there but you need someone better with the figures

 

its definately not properly executed but i feel it may be enforceable

 

if its any consolation they are crap at getting DN's and TN's right!

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Hi didydicky, yes I agree. On first glance I too considered enforceable. However, looking closely at it raised concerns hence my 'silly questions' and I also wondered why they would offer 40% off within a few days of me receiving it if it was so enforceable.

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Hi didydicky, yes I agree. On first glance I too considered enforceable. However, looking closely at it raised concerns hence my 'silly questions' and I also wondered why they would offer 40% off within a few days of me receiving it if it was so enforceable.

 

offer them 10% purely to get rid of the nuisance value!! if you like

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They have not yet acknowledged my letter asking for a better copy and also the historic T & C's which according to the form should be overleaf. I've a feeling they have or might be in the pocess of selling it as this is what they 'threatened' should I not take up their offer.

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oooooooooooh now i'm sitting up and listening (reading)

Do you estimate that a debt can be sold for as little as 10%?

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well it all depends on the strength of the agreement/lack of

 

 

my suggestion in this case was as a counter against their (opening) offer of 40% which, if it was not a ruse to get you to ring them means that you SHOULD be able to meet somewhere " in the middle"

 

with F & F's it is a personal decision based on personal circumstances and so many things come into the equation

 

It should be remembered in the vast majority of cases we are not talking about denying that a debt does or ever did exist , but whether they ca legally enforce it

 

personally i would pay 10% -20% of a debt to get the adverse written off and for the annoyance factor (but then again not if there was other adverse that i could not get removed), see what i mean!! you have to weight it all up

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Thanks Diddy.

My problem is that if I owe anything its £300, but they have stitched me up. I think they have deliberately cooked the books, so that the debt was over £5k, basically what happened; machinery bought on hp for small business, defaulted, default served, machinery repossessed and sold, but balance from sale was not deducted for 5 months, interest added at 2% per month ( as per term in agreement) pushed it just over the £5k. Now the £5k was made up of a term that stated they could claim all the months outstanding as if the agreement ran its full course.

There was also a term that stated they would give me a 4% discount for each of these months and guess what? they forgot to admit that to the court and so it went for full amount. Now this agreement was arranged by the supplier who used a broker, and his fees were added onto the balance. Brown smelly stuff really hit the fan they secured charging order against my property by telling judge they wanted no money and would wait till house sold regardless of how long that would be, judge gave charging order,10 days later got letter from creditors sols asking for full amount, six months later got another letter saying pay up or force of sale, I got a transcript of the court hearing and pointed out what their representative had told judge, and lo and behold DCA turned up at my dooe yesterday.

I have approached a company that assess agreements and see if they are enforcable ( I know I shouldn't have done that but they talk the talk whereas I just mutter :D) They have told me the primary check has thrown up numerous points that are not enforceable)

So until I win the lottery or something I can fight this as solicitors have told me that because it was a business debt I can't get legal aid and I have no money. The agreement is an off the shelf type and I spoke to the company that produced it and they say it is covered by the CCA 1974 so I should be able to get assistance. But it ain't happening :rolleyes:

Ho Hum

Cas

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have you tried public access

 

how much is outstanding on the ccj you said you only owed 300 quid??

 

i think that if you have a transcript of the original application and it was granted on this basis you have a case

 

that is unless it was conditional (as i suspect it was) on you maintiaing whatever payments the court ordered

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Hey Diddy

thats my point the Judge actually said " Well Mrs Blah Blah, if I grant them the second charge they will go away and leave you alone, and you won't have to worry about finding £50 per month or any money, they will wait until the house is sold". And lo and behold 10 days later they are demanding the full amount.

The clause in the contract states that they can charge 2% per month, before, during and after judgement. From june 08 it has risen from 7,450 ish to nearly £9k.

Now I have had the contract checked by a claims company ( I know people are going to say I could do that myself, but TBH these people talk the talk where as I gabble) and they say there are terms that are unenforcable, but for their time its gonna cost, although to be fair they do say no win no fee.

casbah

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oh! whats public access?

And the point of the court ordering payments, they didn't. The claimant said that the £50 pm I offered wouldn't have covered the interest which stood at £145.00 per month and rising.

 

I won't quit and now they have changed tactics I'm wondering where else to go, I'd like to know if the DCA is a sister company to the creditors, or if the creditors have sold the debt, I'm hoping its the latter. the DCA claims to be licensed so if they are a sister company wouldn't their license number be the same?

Cas

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so it was a forthwith order then? (pay up the lot now?)

 

In this case you are probably right to get legal help but i would post up the CMC you are considering so that people can give you some background on their success rate or not

 

but also google no win win fee lawyers (public access lawyers) and compare

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ok even sillier question.................CMC???? whats a cmc?

Cas

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"so it was a forthwith order then? (pay up the lot now?)"

That is what the original judgement said, 28 days to pay £5k then they went for charging order.

Edited by casbah
highlighting the quote

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Silly question who isn't on the debt collection channel 4 thread? ;)


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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ok even sillier question.................CMC???? whats a cmc?

Cas

 

Credit Management Company

 

pay attention - you will be asked questions!!

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