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    • I think it was from 18months ago.    You’ll probably think I’m fussing again but I’ve got a feeling they’ll take mine further due to the shear amount that is owed, I’ll be astounding if they don’t. 
    • as I said read the date of the thread many moons ago.   its not illegal either, debt is a civil matter not a criminal one.   dx  
    • Hi Andy   Thank you for the link, it was very helpful, appreciate it.    I was actually made to feel quite 'stupid' and felt as if i was wasting the forums time on this thread after DX's comments in post #38.      Please see attached the necessary documents, please do let me know if you require anything else, many thanks.   Files attached:  - Default Notice   - statement of Default Notice  - Reconstituted Agreement & T&Cs - 3 different sets   P.S - sorry about the quality of the T&Cs, the high quality files were too large and had to reduce them.   Thanks, Roland   Exhibit JK1.pdf
    • If it’s so easy to get shut of a PayPal negative balance how come everyone doesn’t do it as such? I guess it’s morally wrong but not illegal!?    I read a thread were a PayPal employee said “paypal WILL take you to court and WONT let it lie, they have a specialist team that chase negative accounts over a ceratain amount which I’ll defo meet that criteria 
    • date of claim 14th November (2019)   What is the claim for – the reason they have issued the claim?  1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77 The agreement was terminated as payments were not maintained and subsequently assigned to the claimant. And the claimant claims: a) The said sum of £559.77 b) Interest pursuant to # s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £44.ui c) Costs   What is the total value of the claim? £735   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes  Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? Before   Do you recall how you entered into the agreement...On line /In branch/By post ? I think by post   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser - Lowell   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Couldn’t afford the interest    What was the date of your last payment? Over two years ago to the DCA   Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes
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amber

Amber v Natwest (Mastercard)

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Hi Everyone,

 

Hubby's account. Internet Application.

 

I sent a 2nd CCA request off to them back in October (they claimed they had never recieved the first one at all) I also sent of a SAR, both via RD plus relevant cheques which I signed.

 

1st SAR sent 27th October 09

6th Nov 09 - Received CCA info. including what is supposed to be a 'copy' of the T&C's applicable at the time he opened the account. These are 12 pages long, and feature the 'new' charges of £12 which if I'm right, did not come into effect in 2006 and this card was opened in 2004.

 

In order of sequence, under the general reply letter, was this, purporting to be the CCA (I have removed the personal details) -

http://i817.photobucket.com/albums/zz94/Amber007/NatwestMCcopyofCCA.jpg

 

Then there was 12 pages of T&C's as stated above. Then at the back of the T&C's, this was underneath them: -

http://i817.photobucket.com/albums/zz94/Amber007/SupposedotherpartofCCA.jpg

 

Now, I wasn't not happy with this for the following reasons:

1. Top right-hand corner says 'Page 3' - page 3 of what? Of how many? Where are the other pages? Why haven't they sent them to me?

2. Your information "Please read carefully clause 14 headed 'Your information' in the accompanying Terms & Conditions. They have not sent the T&Cs from the date of opening the account, they have sent their current T&C's, which are not good enough and do not tally up.

3. There is no credit limit stated.

4. There is no APR stated.

5. There is no cancellation box.

6. Paragraph titled 'Declaration' - "I confirm that I have read and agree to be bound by the Conditions of Use enclosed (including the abridged conditions set out on the previous page). I don't have the 'previous page', this is the only page they have sent me. I don't have a copy of the Conditons of Use they talk about, so I don't know what was in them nor have they sent me a copy.

 

So I sent them a template letter from here, informing them that the CCA was illegible in tiny font and that many of the terms where blurred, no list of all transactions/statements etc, just a current statement - giving them a further 7 days to respond.

 

Well, they responded with a letter dated 1st Dec 09 which I recieved on Sat 5th Dec 09. Here is the copy:

http://i817.photobucket.com/albums/zz94/Amber007/NatwestMCReply.jpg

 

In this letter, they state that they see no reason to enter into further correspondence about the alledged CCA breaches and if we are not satisfied to seek whatever legal redress we consider open to us. That they do not consider the account in dispute, the debt remains due and payable and that they will be pursuing for the full repayment. ALL non payments have been recorded on your credit file as has the default due to non payment. So, I'm a little bit stumped as to what to do next, what my plan of action would be? Can my fellow Caggers please have a look at what they have sent me and offer some advice on where I should go from here? As we are on a DMP and they have acknowledged this can they now turn around and chase us for full repayment?

 

Please help, I am unsure what to do next. Thanks.

Edited by amber
waffle

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Just bumping ya

 

M


________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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BUMP. Any advice would be welcome please.

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Amber,

 

The agreement is too small to read.

 

They would need to have a signed document at this date, even if opened online.

 

Are the 3 prescribed terms on the signature page and has it been signed by you.

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Amber,

 

Have a sift through Sticky's help threads on whether contracts are enforceable.

 

The terms depend on the type of agreement (loan or credit card account) and include APRs, payment frequency, payment amount etc.

 

Hope this helps.

 

Bornrich.

 

P.S. If you could give us a bigger scan of your doc that would be good. I scan mine in at 200dpi ACTUAL SIZE and as a greyscale (cuts file size by a quarter). :)


 

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Amber,

 

Have a sift through Sticky's help threads on whether contracts are enforceable.

 

The terms depend on the type of agreement (loan or credit card account) and include APRs, payment frequency, payment amount etc.

 

Hope this helps.

 

Bornrich.

 

P.S. If you could give us a bigger scan of your doc that would be good. I scan mine in at 200dpi ACTUAL SIZE and as a greyscale (cuts file size by a quarter). :)


 

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NWMCCCA__1.jpg

 

I think I've finally done it right! This is for a Mastercard Credit Card Agreement.

So are the terms correct, is it deemed enforceable? I'm thinking its not, ref: my reasons in post 1.

Edited by amber
Imaging

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It says Page 3 at the top. Do you have pages 1, 2 and assuming it's folded page 4?

 

Bornrich


 

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No, no other pages. Then there was 12 pages of current T&C's attached underneath this and attached the back of the T&C's, this was underneath them: (see first post on this thread for URL link) so it looks like they are trying to say that THIS (jpg) is part of the front page of the CCA they sent me. Hence my questions:

 

1. Top right-hand corner says 'Page 3' - page 3 of what? Of how many? Where are the other pages? Why haven't they sent them to me?

2. Your information "Please read carefully clause 14 headed 'Your information' in the accompanying Terms & Conditions. They have not sent the T&Cs from the date of opening the account, they have sent their current T&C's, which are not good enough and do not tally up.

3. There is no credit limit stated.

4. There is no APR stated.

5. There is no cancellation box.

6. Paragraph titled 'Declaration' - "I confirm that I have read and agree to be bound by the Conditions of Use enclosed (including the abridged conditions set out on the previous page). I don't have the 'previous page', this is the only page they have sent me. I don't have a copy of the Conditons of Use they talk about, so I don't know what was in them nor have they sent me a copy. So I sent them a template letter from here, informing them that the CCA was illegible in tiny font and that many of the terms where blurred, no list of all transactions/statements etc, just a current statement - giving them a further 7 days to respond.

 

Well, they responded with a letter dated 1st Dec 09 which I recieved on Sat 5th Dec 09. Here is the copy: (see first post on this thread for URL link)

 

And this is where I am up to so far and I do not know what to send them in response and I am aware that time is passing and christmas upon us/shutdown, so I really need to get something in the post to them.

Edited by amber
.

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Assuming that you want to proceed to a full and final offer somewhere down the line.

 

But I think you have to exchange a few letters before the bank comes round to the idea. State you points why you believe the agreement would be unenforceable in a court of law. Give notice that you are placing the account in dispute.


 

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I think they ought to supply the missing pages of said agreement and on the basis of this alone (at the moment) is this enough to send them the account in dispute letter? Not sure about the F&F offer somewhere down the line, would be good to get to that point but no money at the moment to agree to one if it was offered.

Edited by amber
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Bumping this - any advice please guys regarding what my next step should be?

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