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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • belleofstmark
      CPM/BW ANPR PCN Claimform - The Collective London Nw10 6Ff

      By belleofstmark · Posted

      Hi friends,  I’m a bit worried I may have got confused with timings here. I thought I had 33 days from my acknowledgment to submit a defence but the date added above says 3/6/24.   have I missed the date?   if so how can I apply for an exception due to my disability and problems with deadlines and dates etc (ADHD)?   what should I submit as a defence?   I’ve had no reply from BW so far    just been back on MCOL and it says 28 days from service if I completed an acknowledgment of service so does that mean 28 days from that of acknowledgement (I.e. 16/5) which would make deadline for defence 14/6?   Thanks! Panicking here.
    • FTMDave
      Countrywide ANPR PCN - in carpark for 10 mins - Disabled Parking Spot - appeal refused by CW - Kingswood Way Great Denham Bedford Bedfordshire MK40 4GH

      By FTMDave · Posted

      Normally we don't advise playing your cards early in a snotty letter, but as you have appealed we might as well use what you wrote in the appeal against them. There is no rush, you have until 6 July to get it to them.  See what the other regulars think too. How about something like this? -   Dear Rachael & Sean, cheers for your Letter of Claim.  I rolled around on the floor in laughter at the idea you'd actually thought I'd take such tripe seriously and would cough up! As usual you'll have been too bone idle to do any due diligence.  Had you done so you would have seen that I appealed to your client.  Indeed the driver on the day is a textbook example of having done exactly what you should do when you do not wish to be bound by the T&Cs in a private car park. Of course none of that mattered to the spivs you represent but do you really want to put such a useless case in front of a judge? To be fair, your clients are very useful members of the human race - as comedians.  How I loved the page turner of their antics at The Citrus Building in Bournemouth.  It was chuckle after chuckle reading about them, letter after letter, month after month, insisting they were legally in the right, even through someone who had done just the first day of a GCSE law course could have told them they weren't.  Until the denouement - BOOM - an absolute hammering in court.  In fact - SLAM, BANG - managing to lose twice against the same motorist for the same car park in front of two different judges. Your client can either drop their foolishness now or get yet another tolchocking* in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and spend the dosh on a nice summer holiday, while every day laughing at your clients' expense. I look forward to your deafening silence. COPIED TO COUNTRYWIDE PARKING MANAGEMENT LTD   *  This word is used under licence from Brassnecked
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      US elections November 2024 [amended 18/04/24 - HB]

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      Well yes, ... and the tax dodgers ... Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper. nytimes.com WWW.NYTIMES.COM  
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      US elections November 2024 [amended 18/04/24 - HB]

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    • lookinforinfo
      Bank Parking ANPR PCN PAPLOC Now Claimform - wrong reg - Appeal failed - Belvedere Street Car Park, Mansfield, Nottinghamshire, NG18 1JJ

      By lookinforinfo · Posted

      Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now. PS  Yes I meant to say that the keeper did not have a licence therefore it was wrong of them to assume he was the driver and the keeper. Thanks for picking that up.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CCA request

bobdauilda
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bobdauilda

bobdauilda

Posted
Posted (edited)

I have received a letter back from the Yankbank regarding my CCA request and all they have sent is a copy of the original application form, on the back of which is printed the 'conditions of use' of such card together with a copy of the current T&Cs but no copy of the original T&Cs.

 

Can anyone tell me what I should do next?

 

Dotty has had similar problems and I think she sent a letter saying that the company had not sent a copy of the 'executed credit agreement' which is what a CCA request is for. So am I right in thinking that a copy of the signed 'Application form' is not sufficient as a true copy of the 'executed credit agreement'? If so, how do they differ? Should I send a letter of dispute regarding the account now or do I have to give them another 12+2 days to comply correctly?

TIA

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nick20045

nick20045

Posted
Posted (edited)
I have received a letter back from the Yankbank regarding my CCA request and all they have sent is a copy of the original application form, on the back of which is printed the 'conditions of use' of such card together with a copy of the current T&Cs but no copy of the original T&Cs.

 

Dotty has had similar problems and I think she sent a letter saying that the company had not sent a copy of the 'executed credit agreement' which is what a CCA request is for. So am I right in thinking that a copy of the signed 'Application form' is not sufficient as a true copy of the 'executed credit agreement'? If so, how do they differ? Should I send a letter of dispute regarding the account now or do I have to give them another 12+2 days to comply correctly? If the original 12 +2 have past then send a letter of dispute.

TIA

Read the application form. Does it say things like "We can refuse your application"? Does it say things like "Application form for credit"?

 

An application form is not an agreement. It is a form where you fill in information to apply for something. Also for an agreement (somebody correct me if I am wrong) to be valid it has to talk about APR and has to show what credit limit you have.

 

I would take the template "letter of dispute" and amend it slightly to add that an application form is not a true copy of an executed agreement and put the account into dispute.

 

BUT REMEMBER.......... it can be in dispute but IF they send a copy of the agreement then it COMES OFF the dispute.

Edited by nick20045

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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bobdauilda

bobdauilda

Posted
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Posted (edited)

Thanks Nick your help is much appreciated. I have attached the scanned copies of their so called 'CCA' for you to look at. They have also enclosed an up to date T&Cs separately. They are still in the 12+2 limit so should I wait until this is up before I send a modified letter in dispute then?

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

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nick20045

nick20045

Posted
Posted

IF it was to (let us say) go in front of a Judge it will look better if you write before. This will show that you assisted the bank in your querie.

 

Personally I would write to the bank. I will tell them that you requested a true copy of the agreement not the application form and that is what they have to send you. Also (do not forget every week has 2 days weekend plus it takes a day in the post so effectively you are only giving 4 days) I would tell them that in order to assist, the 12 + 2 days run out on the xx/xx/2010 and I am extending that date by 7 days.

 

The reason is, once again, IF it was to go in front of a Judge you were lenient and tried to assist. Goes in your favour.

 

As to the uploads I have tried to read them but even downloading a copy and enlarging it I still cannot read them.

 

The front part refers to Data Protection. It depends what it says you authorise them to do with your data. e.g. They can use it to market products. They can use it for administration.

 

This depends a lot on what is written. If we take the first example then, by rights if you default and let us say it goes against you in court, they cannot sell the debt to a DCA because you never gave them that right. Same for administration. They CAN authorise a DCA to administer the account BUT they cannot sell it. (So it becomes another loophole in your favour). Administer means "to manage" but does not mean to "Assign or sell". ;)

 

But the second page, I cannot read anything except for the headings so I cannot say anything. Maybe somebody with better eyesight then me can help.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Dotty50

Dotty50

Posted
Posted

Hi Bob,

 

I was posting on the F & F thread and realised that was started by Fred oops, mustn't highjack that!

 

Well you have received more than anything they have sent me, still not had a sausage on the one MBNA CC and only a tear off slip for the other.

 

I have also had a letter today advising that my personal details may have been breeched ........but I can call them...............not sure if it is another one of their tactics to speak to me, so not planning on calling.

 

And most importantly.... ............. a good sob relieves a lot of tension but keep smiling...............takes less effort.:)

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bobdauilda

bobdauilda

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IF it was to (let us say) go in front of a Judge it will look better if you write before. This will show that you assisted the bank in your querie.

 

Personally I would write to the bank. I will tell them that you requested a true copy of the agreement not the application form and that is what they have to send you. Also (do not forget every week has 2 days weekend plus it takes a day in the post so effectively you are only giving 4 days) I would tell them that in order to assist, the 12 + 2 days run out on the xx/xx/2010 and I am extending that date by 7 days.

 

The reason is, once again, IF it was to go in front of a Judge you were lenient and tried to assist. Goes in your favour.

 

As to the uploads I have tried to read them but even downloading a copy and enlarging it I still cannot read them.

 

The front part refers to Data Protection. It depends what it says you authorise them to do with your data. e.g. They can use it to market products. They can use it for administration.

 

This depends a lot on what is written. If we take the first example then, by rights if you default and let us say it goes against you in court, they cannot sell the debt to a DCA because you never gave them that right. Same for administration. They CAN authorise a DCA to administer the account BUT they cannot sell it. (So it becomes another loophole in your favour). Administer means "to manage" but does not mean to "Assign or sell". ;)

 

But the second page, I cannot read anything except for the headings so I cannot say anything. Maybe somebody with better eyesight then me can help.

 

Thanks again- what site do you recommend to host the images so that they can be read clearly? This forum only allows very small uploads to it and will lose resolution on enlarging...

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nick20045

nick20045

Posted
Posted

 

I have also had a letter today advising that my personal details may have been breeched ........but I can call them...............not sure if it is another one of their tactics to speak to me, so not planning on calling.

Nah! Do not call them. Get it in writing that hopefully you can sue them for damages. ;);)

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted
Nick, Do you want to borrow my glasses? :D

Thanks for the offer but I have to decline. You have already told me that "You like to collect" and I do not like issuing IOUs even though you said you accept them. :D:D

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted

Well have read them and to me it looks ok except I do not like to read the words "Application form". But then again on the right hand side at the top it says "Credit agreement".

 

I am not an expert in discecting agreements/application forms and neither do I purport to be but, I do notice that there is:

 

1: No signature from anybody from the bank and

2: No amount of credit they gave you declared.

 

Now as far as I know (somebody correct me if I am wrong) for a contract to be binding it must be:

 

a: Signed by both parties and

b: Must show what you are getting for that signature and not just how much interest you are going to pay and what penalties they charge.

 

Maybe somebody can confirm or correct me on this????????

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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bobdauilda

bobdauilda

Posted
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Posted (edited)
Well have read them and to me it looks ok except I do not like to read the words "Application form". But then again on the right hand side at the top it says "Credit agreement".

 

 

when you say 'looks ok' do you mean its possibly enforceable?

 

There appears to be an indistinct signature type stamp going across the 'additional cardholder ' box... is that valid?

Edited by bobdauilda
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Dotty50

Dotty50

Posted
Posted (edited)

On the first image in post 3, half way down the front, it looks as though it has been 'stamped' with a signature. I have seen this on a lot on others and I am sure I have read that this is considered to be executed.

 

In my experience, there was (and still is in the agreements I have access to) always a box for the creditor to sign and date, we never used stamps it would not have been compliant. I have not been in the industry for some time though now, so this may have changed.

 

Amount of credit should be there too, I believe.

Edited by Dotty50
missed word needed my glasses!
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nick20045

nick20045

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Posted

I agree with Dotty. As far as I know (once again maybe somebody can confirm this) there should be a box for the signature and a date box. Fair enough might use a stamp in the box but it should be there. Also, the date will confirm when the agreement became binding.

 

One other thing: General vii. Be careful of that one. It means they can sell the debt and register a default on your credit reference.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted
They will do that anyway, irrespective of them having an enforcible agreement, Virgin MBNA just sold mine. :rolleyes:

In the above copy it says they can assign to third parties. If it does not say that then you can challenge the fact that they passed on your personal data to a third party without your consent.

 

Have you had a DN issued re yours? Also have you had an NOA issued? Might be a way to challenge yours. Also, both of you :D:D have a good read of http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case-58.html

 

go to post 1142

 

some very good reading as may apply to you especially re the PPI (if you had any sold to you) and the interesting parts also start from part 35 on the judgement. (Might possibly apply to you). If there has been an Unfair relationship you can use that. Do not just bet everything on the Consumer Credit Act.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted

a: In post #18 you asked me to edit and then you will edit your post. You have still left the information you asked me to edit in your post. (The part not in black).

 

b: When you say in my second post, I take it you mean whether you should wait until the 12 + 2 days are over whether to put in dispute and then tell them. I would still say you should write before you put into dispute. Asking a question or querying something shows you were exercising your right to knowledge.

 

What you have to consider is that a lot of Judges look at making a s.78 application as "I want to try and get out of paying". Sending a letter of query shows you did not just "go for a dispute but you asked and when not satisfied you put it in dispute". Shows better in a Court.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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nick20045

nick20045

Posted
Posted

Done. Kindly confirm I understood correctly.

 

Also have a read of http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

You should have a good idea when checking the application form/aggreement.

If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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