Jump to content


  • Tweets

  • Posts

  • 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
      • 160 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

Monument Card - No CCA but Rapid Reply Card!! Claiming to be...scotland


beetle1234
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5108 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 all....I have just embarked on my personal crusade to ascertain exactly how many of my remaining credit card agreements are enforceable or not.The first to return me info following request is Monument who have sent me a silly Rapid Reply Card that(although signed) resembles nothing like a properly executed cca ! I now want to send them an "account in dispute" letter advising the info sent is crap and send me a proper one...I suspect this is all they have but need to get more serious before telling them to bogoff for good !

Anyway I have seen on the forum a letter like this but now cannot find it....can anyone send me a link please ? I will keep all updated on progress of this one.Cheers

Link to post
Share on other sites

this one:

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

This account is in Dispute .

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

  • 7 months later...

Ida

 

I sent a SAR to Barclaycard Goldfish, they didn't send a copy of my CCA, I chased it up, they stated the following 'Unfortunately, we are not able to provide a copy of your Barclaycard Goldfish application form'.

Is there a letter similar to the one above that I can send?

Link to post
Share on other sites

no not through a sar,

 

you would need to send a cca request, then if they fail, you can put the account into dispiute

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Hi Ida

 

I sent the following:-

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 21/10/09. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1) You have failed to provide a True Copy of the Consumer Credit Agreement.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

They sent an application form for Barclaycard Account and

for the Barclaycard/Goldfish they say they haven't got an application form.

Link to post
Share on other sites

an sar won't put it into dispute

 

they have said they don't have it so cannot supply it.

 

are you up here?

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

I offered to settle both accounts:-

 

Dear Sir or Madam

I write with reference to the alleged debt which you are claiming on the above accounts.

For the following reasons I can confirm that only a partial payment is due on the balance of the above accounts, the remaining amount is made up of unfair charges:-

1) Goldfish/Barclaycard sent me Credit Card Cheques which were unsolicited and have been banned by the UK government.

2) Goldfish/Barclaycard do not hold any valid or true copies of Consumer Credit Agreements which are legally enforceable.

3) I now understand that the regime of fees which Goldfish/Barclaycard have been applying to my accounts in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

I will pay £0,000 and I want to offer this an ex-gratia payment in full and final settlement of the account.

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this alleged debt in any way whatsoever and that I will be released from any liability.

I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

I look forward to receiving your reply.

 

I got this for one of the accounts, the one where they have sent me a copy of a Barclaycard application form:-

 

Reference: SECTION 78 of the Consumer Credit Act 1974

 

I write further to your letter requesting a copy of your executed agreement for the above account.

 

The information we must provide to you under the terms of Section 78 is prescribed by the Consumer

Credit Act 1974 and by the Consumer Credit

(Cancellation Notices and Copies of Documents)

Regulations 1983. Under Section 78, we must

supply you with a copy of your executed agreement and a statement of account which

is practicable to refer.

. The current credit limit on your account is

. The current balance on your account today is

. The next minimum payment of £ is due on

 

Please note, a copy of your current Barclaycard Credit Agreement will be sent under separate Cover.

 

You will be receiving your next statement shortly which will provide you with full details of your account.

 

With refernce to the Civil Procedure Rules (the "CPR"). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here.

The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the application, including the respondent's costs, together with the respondent's costs of complying with any order that is made as a result (CPR 48.1 (2)).

 

While there is no formal obligation on our part to provide documentation in answer to Validation of Debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

 

I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so.

 

This completes our obligation to you under Section 78 of the Consumer Credit Agreement 1974,

 

Yours sincerely,

 

 

Barclaycard Customer Service.

 

 

Not sure what thats about.

Link to post
Share on other sites

  • 3 weeks later...
  • dx100uk changed the title to Monument Card - No CCA but Rapid Reply Card!! Claiming to be...scotland
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...