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    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
    • In 2017 my wife was given PIP and I finally, officially, became her carer. In 2019 she was reviewed and we were told it would be done by phone to make it easier for her as she has mobility issues and anxiety. The review was very simple, Has anything changed? No, ok, we'll stay as you are then. In 2022 a second review, this time by phone again but with an awkward given at the end for 5 years. Today, we got a new review letter (I know wait lists are bad, but I dont think the wait will take til 2027 for a decision). We're a bit confused because it's a letter, not a phone call as before. The form is just questions that ask "has anything changed" Now, since 2017, nothing has changed except we had our home adapted via disability grant. This was noted in the phone calls. So we should really write that nothing has changed in the last 2 years. The adaptations have been mentioned in both previous phone reviews, but not in writing so I guess we should bring it up. But we feel that they want us to explain everything as if it were a new claim again... And are worried if we miss something in the original claim or the phone calls she will risk losing part of the award (a 2 point swing could be really bad) It does just say "has anything changed?" But in dealing with ESA prior to getting PIP, answering the question asked "has your condition worsened or improved" at a review process with a simple "no, I'm still the same" somehow led to ESA ending and needing appeal. So just want a bit of guidance. How much detail is needed? Is minimal ok? Or should we be blunt with the fact nothing has changed, and bullet point the things she struggles with in each section?   I know the obvious thing is to just explain it all,but over 10 years the sheer amount of times the poor woman has had ESA or PIP stopped/refused just because something was missed out in their report, or they felt it meant a new claim should be made, or that they judged her healthy because we missed a tiny thing in our forms. During COVID it finally seemed like it was all just going to be smooth, especially with the phone reviews and the 5 year reward, but here we are. We just want to make sure we have the least chance to trip ourselves up, but making sure we have what is expected if you get me? I wish I still had a copy of the forms from 2017, because I could just verbatim copy them and add in about the adaptation, but (ironically) we lost our photocopies we kept of them when the house was being adapted
    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
    • No doubt the hotel will have security cameras on the floor you were staying to confirm or deny the allegation??   The only compensation you will probably get, which will be discretionary as a goodwill gesture, will be a credit voucher for the entire hotel group. Very much doubt anything more than that as you have not substantiated, the hotel committed the transgression 
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Cap1 & CCA return


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Hi

 

In daily express this morning in "your money2 it says a MBNA customer has had £8000 written off due to mistakes made when setting up the deal, the main grounds were that MBNA could not provide a copy of the original signed loan agreement. also there was a PPI elemant.

 

read @

 

Daily Express | Money | Breaking news, sport and showbiz from the World's Greatest Newspaper - updated 24/7

 

articule headed "Bank in dock over an £8-000 credit card bill"

 

Don't forget that the same happened to me, as reported elsewhere on CAG. They wrote off 10 500 pounds in my case, but I didn't make the Express!

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They started the action in Nov last year. They have not provided proof of this payment and their own documentation states they don't have the accounts, so it is difficult to see how they could possibly know a payment was made...

 

 

 

I haven't specifically applied for this under s77/78. I initially asked for proof of debt as I had no knowledge of this debt. I then used the CPR letter when they started legal action.

When do you think that the last payment was made?

 

They would need to proove it was made by you.

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Hi alisindebt,

 

What reason did the court give?

 

I didn't go to court. I did a CCA request for one pound and the wrote back saying that the original agreement had been lost. They then got a letter of dispute from me and then wrote to close the account.

 

If you use the correct templates you don't need to go to court, they will back down.

 

My letters are recorded about this matter here on CAG if you do a quick search you will find them.

 

Also, somebody mentioned on here that it is does not set a precedent. I wouldn't be too sure about that.

 

The law already exists and is quite simple, so there is no reason for any o us to over egg the pudding:

 

No CCA means the agreement is unenforceable.

 

That's why we take the time to write here, to explain what has REALLY happended.

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When do you think that the last payment was made?

 

They would need to proove it was made by you.

 

I have never made any payment on this account. The first I heard of this account was when they started chasing me for it! I have never had an account with MBNA, nor one with any other bank with the account number they are claiming under...

 

 

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I didn't go to court. I did a CCA request for one pound and the wrote back saying that the original agreement had been lost. They then got a letter of dispute from me and then wrote to close the account.

 

If you use the correct templates you don't need to go to court, they will back down.

 

My letters are recorded about this matter here on CAG if you do a quick search you will find them.

 

Also, somebody mentioned on here that it is does not set a precedent. I wouldn't be too sure about that.

 

The law already exists and is quite simple, so there is no reason for any o us to over egg the pudding:

 

No CCA means the agreement is unenforceable.

 

That's why we take the time to write here, to explain what has REALLY happended.

I think the poster meant that it does not set a legal precedent. They are correct when referring to Count Court claims. If there is no agreement, then the law is very specific. They cannot enforce. s127 (3)

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I didn't go to court. I did a CCA request for one pound and the wrote back saying that the original agreement had been lost. They then got a letter of dispute from me and then wrote to close the account.

 

If you use the correct templates you don't need to go to court, they will back down.

 

My letters are recorded about this matter here on CAG if you do a quick search you will find them.

 

Also, somebody mentioned on here that it is does not set a precedent. I wouldn't be too sure about that.

 

The law already exists and is quite simple, so there is no reason for any o us to over egg the pudding:

 

No CCA means the agreement is unenforceable.

 

That's why we take the time to write here, to explain what has REALLY happended.

 

 

Good point, for at which period - and that time will surely come - that courts become swamped by this stuff would it not be better to attempt to go after them direct? The evidence is begining to say 'yes'.

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Report to your local MP, FSA and OFT.....and possibly the SRA....!!

 

Who are the SRA?

 

To clarify, I already reported elsewhere on CAG the success with MBNA/Abbey/Lowells and I am in the process of writing to all the organisations that you list, including details of underhanded techniques that were used by Lowells to try and recover this "unenforceable" debt over the last 5 years, such as the fact that it is still listed on my CRA files, also discussed elsewhere on here.

 

I have the same situation with CapQuest who just wrote off 4900 pounds, also two other Egg accounts.

 

The letters all go out in the next few days.

 

If there are any other places to write to, just let me know!

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I was replying to egg-sterminators post....

 

Just a little something you may be interested in my friend and fellow cagger professorgbr had a case being handled by a solicitor, under a cpr31.6 pre action request was sent an application with a little box of t&cs on the back claiming to be original . unfortunatly for them conditions numbers clearly do not match as related conditions refferred to are totally different . This was done under an afedavit by ccc's brief . Does this make it a more serious matter than their usual deceptions they get away with and who should it be reported to ? Ihave very similar case so dont want to name ccc just yet as they may do same thing again and we would have more evidence . O and by the way we have original cca's unsigned unsure where to post any caggers help here ?

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OK, gotcha. By the way, I am still tackling Egg at the moment and in the case of an unsecured loan a similar thing seems to have happened. I got a CCA with all sports of prescribed T+Cs missing.

 

Then, I was sent a further printout of T+Cs apparently claiming to be copies of the originals, same thing as you report, the numbers did not match the original CCA referring to "our terms and conditions". They also used Citibank on there, my CCA dates back to 2003 and Citibank took over in 2005!

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Just a little something you may be interested in my friend and fellow cagger professorgbr had a case being handled by a solicitor, under a cpr31.6 pre action request was sent an application with a little box of t&cs on the back claiming to be original . unfortunatly for them conditions numbers clearly do not match as related conditions refferred to are totally different . This was done under an afedavit by ccc's brief . Does this make it a more serious matter than their usual deceptions they get away with and who should it be reported to ?

 

This will obviously have to be bought to the courts attention, but should also be subject of complaint to OFT and SRA.

 

Ihave very similar case so dont want to name ccc just yet as they may do same thing again and we would have more evidence . O and by the way we have original cca's unsigned unsure where to post any caggers help here ?

 

Have these come from the OC's following a CCA request? Basically no signature, then not enforcable. Best to start your own thread for each one.

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I was replying to egg-sterminators post....

 

Just a little something you may be interested in my friend and fellow cagger professorgbr had a case being handled by a solicitor, under a cpr31.6 pre action request was sent an application with a little box of t&cs on the back claiming to be original . unfortunatly for them conditions numbers clearly do not match as related conditions refferred to are totally different . This was done under an afedavit by ccc's brief . Does this make it a more serious matter than their usual deceptions they get away with and who should it be reported to ? Ihave very similar case so dont want to name ccc just yet as they may do same thing again and we would have more evidence . O and by the way we have original cca's unsigned unsure where to post any caggers help here ?

thanks 42 man . The case was going through a big northern firm and apparantly the number of cases similar could be approaching the 100 mark ? the point is their soliciters didn't notice and folded the case . Now being a cagger and slighty scepical of ccc's a quick check revieled apr's didn't match and conditions referred to on application didn't match . Point being they have not checked these cases properly {and it went to their barrister} people are paying fees for poor and sometimes questionable advice when for just a small donation CAG delivers so much more . I have three cases with one of their briefs who's knowledge is far lower than a lot of caggers . Red flagging to them seems like doing their job for them . not red flagging it meens leaving a lot of people who have been let down by them in trouble believing their agreements are enforcable . By the way if you havn't had a look at Vint1954's thread on cra's and oc's well worth a look particulary in view of the recent poor case in london . Edited by egg-sterminator
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Have these come from the OC's following a CCA request? Basically no signature, then not enforcable. Best to start your own thread for each one.
Ok Vint will do, they were on the back of an application but only filled a quarter page . He filled app in at a sevice station from a rip of pad .The conditions which he still has were on the card carrier .
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Ok Vint will do, they were on the back of an application but only filled a quarter page . He filled app in at a sevice station from a rip of pad .The conditions which he still has were on the card carrier .

They were stupid with their agreements. Their shoddy agreements are akin to a roofer not bothering with half the tiles:D

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