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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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Cap1 & CCA return


tamadus
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Zubo, I've PM'd you....

 

I posted that to see if he helped the others who were dicussing if the sim card was covered..

 

Un1

 

Looks rock-steady to me.

 

You have been consistently reasonable with your requests for a copy of the agreement because you required to see if you gave consent.

They admit to supply of the data but your line should be that they cannot prove express consent.

 

They do not have a leg to stand on.

 

What is their defence? where does it say you gave consent?

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As you can see, I am back in full swing this morning!

 

paulw - or anyone cleverer than me! - my concern is that S85, if our thinking is CORRECT, is such a huge can of worms, it means that anyone who has ever had subsequent cards from a lender, (which I assume is pretty much everyone who a CC) can claim against them under S85 - & I can't see the industry letting this happen. But that's just me thinking out aloud.

 

Section 85 is a huge can of worms but as of yet no one's been to court and tested the water, it will be up to a judge to decide and not the finance industry as to whether these companys are in breach of the CCA.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Is a store assistant a rep for GE Capital? I don't suppose they are. Surely an agreement cannot be executed by anyone other than an employee of GE Capital?

 

The store/assistant actually operates as an agent for GE which has been shown in the recent case against GE over PPI insurance.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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As you can see, I am back in full swing this morning!

 

paulw - or anyone cleverer than me! - my concern is that S85, if our thinking is CORRECT, is such a huge can of worms, it means that anyone who has ever had subsequent cards from a lender, (which I assume is pretty much everyone who a CC) can claim against them under S85 - & I can't see the industry letting this happen. But that's just me thinking out aloud.

 

Ok the SI 1983/1557 allows that signatures can be ommitted from a copy agreement under ANY section of the CCA inc sec 77/78/79 and 85.

 

However sec 85 clearly states that a copy of the executed agreement should be sent with any new credit token (minus the signature boxes due to SI 1983/1557).

 

Clearly a bulk mailer card, even if it contains all the terms required cannot be a copy of the executed agreement, T&C will be different according to when the card/agreement first started and a copy of the executed agreement should include the T&C applicable when fir4st signed.

 

The 'bulk mailer card' argument simply doesnt IMHO fulfil the requirements of sec 85. It's just a bulk mailer card not an executed agreement.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Battleaxe

 

hats off to you for even been able to get a reply to your letters from these 2 companies.

 

I have infact saved my mailer they have sent with replacement credit cards and see if I can dig them out and check the contents.

 

One way of catching these companies out is, ask them to send you a replacement card since your card is misplaced and see what you get with it.

 

Any chance of scanning one of these and emailing it to me please ?

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Right, I miss an evening and a day and Un1boy thinks he won the arguement from yesterday? That'll wait for now, I'll get back to that.

 

Battleaxe, I got the same letter as you did this morning, word for word (except mine had a personal bit at the bottom). I like the wording 'physically attached to the copy of your agreement'. I like that alot. Could he show me where it is attached? There doesn't appear to be anywhere on the agreement to attach it. Also, where else would they place my address, my note to 'sign and activate on receipt'?

 

The bit about this copy of the agreement not having a signature by or on behalf of MBNA, erm, could they please show me one which does have one then?

 

The signature has been deliberately omitted, oh right, the signature has been deliberately omitted from what, the bulk card carrier? You're allowed to do this by law, oh, what law would that be. You've omitted the signature on the 'agreement' you sent to me in response to my s78, well, there's no signature present from you, but then again there is no place for a signature.

 

I think this letter is comical, and if they truely believe this will stop anybody from continuing a s85 arguement then they are truely mistaken.

 

Un1boy, I'm coming to get you!

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m55

missed this completely.... heehee

 

erm what did term say - an unenforceable contract ... where the parties disagree on terms - I disagree to provide my consent... hence you cannot provide the info to the cra because of my overriding objection.

 

game set and match.

 

and no.... not looking up references... busy choosing an early evening curry, together with a few pre-tea Friday afternoon beers..... ah....:D:D

 

Rubbish! Game set and what? You're not even on the same court!

 

I have a legitimate interest in processing the information. I'm not processing under your agreement, I'm processing because you owe me money and I can't make you pay, and I have a legitimate interest in making others aware of this. Your interests are served by not paying me, my interests are served by protecting the interests of others and of my future self.

 

Don't bother coming up with the same old corny (and HEAVILY defeated) line about the CCA, come up with something ingenious, dazzle me with your savvy, astound me with your originality and make me change my mind!

 

Slamdunk!

 

PS Read the last paragraph of the letter Battleaxe received from Otto (#3055) and weep!:D

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The store/assistant actually operates as an agent for GE which has been shown in the recent case against GE over PPI insurance.

 

I'm interested in picking this up with them. Do you think they would need paperwork to prove they are an agent with GE Capital?

 

Where is the info you're relating to and I'll get stuck in

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AS soon as i have located, will fax it to you

 

Thanks Humbleman, just PM me when you find it and I'll give you my fax number :)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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I'm interested in picking this up with them. Do you think they would need paperwork to prove they are an agent with GE Capital?

 

Where is the info you're relating to and I'll get stuck in

 

GE have recently been fined by the FSA over PPI selling and it was in the details for that, I forget the link but I am sure Term or somebody has it handy:D

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Guest Battleaxe

Tam,

 

Which letters do you want emailed? The one I posted on the site this morning? The Crap one is similar but has a lot of other stuff in it also.

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Guest Battleaxe

M55,

 

If they haven't got my signature to share this informatin with a third party they are in breach of the DPa, this is why the ICO want a copy of my credit files to show they are processing without my permisssion.

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where can i find the template for a cca ?

CLICK HERE FOR A LOOK AT ALL OF MY FILES: http://s134.photobucket.com/albums/q82/bailiffchaser/

do not forget to click on my scale if i am giving you the right advice or advice is making sense click my scales otherwise others think i am not helping you.

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M55,

 

If they haven't got my signature to share this informatin with a third party they are in breach of the DPa, this is why the ICO want a copy of my credit files to show they are processing without my permisssion.

 

which is what I said

 

someone also wanted default removals, if it was un1boy then forget it he has seen this but this will be updated soon too

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html

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where can i find the template for a cca ?

 

If its for a credit card try this:

With reference to the above credit card account, would you please send me a true copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

___________________________________________________________

 

If a DCA is chasing you ensure you copy the creditor as well and also add

Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not.

 

Hope it helps

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Is a store assistant a rep for GE Capital? I don't suppose they are. Surely an agreement cannot be executed by anyone other than an employee of GE Capital?

 

How many contracts are going on here? One with the bank when you pay by card, the other with the supplier / provider.

 

I do all of my transactions by cash, have done since I got in trouble with the banks years ago.

 

I have one contract - with the supplier, be it a meal, weekly shop etc - I never use the card. A card is a device for recording habits.

 

Get your money from the cash machine outside and pay in cash.

 

Tide

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Hi

 

Where's our avatars gone? Also I am not receiving any email notifiers of posts to my subscribed threads although I know there have been several posts today. Anyone else having this problem?

 

Regards, Pam

 

Ah ha! Not just me then, how peculiar. I have been moaning to my husband all day that my subscribed thread posts are not coming through, thought a problem with our email address but we checked it out and no, all OK.

 

It is very late, I have been out for the evening and have been desperate to find out what happened with Battleaxe's S85 response.

 

What's going on, I also noticed missing avatars yesterday!

 

Regards,

 

Cornucopia:):)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Welcome Back!!

Just to summarise the last few pages, for myself as well as you!

The question is,

If you send a CCA request and what you receive back does not confirm as an executed agreement under the terms laid down in CCA, the agreement is unenforceable/void (depending on what you receive).Does this mean that the creditor still has a right to process your data?

 

I myself am not of a sufficient payscale to answer such a question! But reading the debate does make me see how this scenario may be played out in court and therefore, puts me off even attempting bringing a case based on this assumption.

Personally, I have a creditor who messed up and was found not to have a CCA agreement with me and had to wipe out the debt. BUT...there still remains on my file, a default and an outstanding amount.

So I have a vested interest in the outcome of this argument, but being yellow and having this big streak down my back means i am not compelled to join in!:):):)

I think it is a valid argument that has basis in CCA. But it could be a DPA matter.....i dont know my head hurts and i need coffee!

 

Smoothy hands Un1boy his soapbox back!

M55dlc...do you want ice with your advocate?

 

Smoothy I really don't know how many times this can be said.......if they don't have a properly executed agreement the unenforcable debt may still exist but they have not nor have ever had agreement to process your data........They can't claim "Ah! well there WAS one but we don't have it anymore but still have a right to process your data"

 

As you have not authorised them they are breaching the DPA

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I have an ongoing situation with this and believe that they are entitled to process your data providing it is publicly available ie. it is a CCJ or in the Public Domain or you have provided your express permission for them to provide it to a third party via a contract signed by both parties.

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Agreed TT but if no agreement exists then there is no evidence of that consent

 

They have no right to process your data without your express permission. For years they have made illegal charges. For years they have bullied the common man or layman and have attempted, sometimes successfully to conceal their money making [problem].

 

Yesterday, Nationwide announced that they would be forwarding letters saying they will not be dealing with complaints until the outcome of the FOS / FSA investigation has taken place.

 

Hello....

 

What about their legal obligation to provide such information? Are they above the law?

 

They have funded their own regulators for many years, and I have personal experience of it.

 

I am focusing on the regulators, as they didn't respond to my damning 7 page letter, but have now sat up and listened because the media have put them in the spotlight.

 

FOS / FSA what have you been doing all these years?

 

Tide

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They have no right to process your data without your express permission. For years they have made illegal charges. For years they have bullied the common man or layman and have attempted, sometimes successfully to conceal their money making [problem].

 

Yesterday, Nationwide announced that they would be forwarding letters saying they will not be dealing with complaints until the outcome of the FOS / FSA investigation has taken place.

 

Hello....

 

What about their legal obligation to provide such information? Are they above the law?

 

They have funded their own regulators for many years, and I have personal experience of it.

 

I am focusing on the regulators, as they didn't respond to my damning 7 page letter, but have now sat up and listened because the media have put them in the spotlight.

 

FOS / FSA what have you been doing all these years?

 

Tide

 

TT - 2:37 am posting is a bit of an obsession - bit like talking to yourself :D:D:D.

But we are all here and will eventually read your thoughts.

 

You are absolutely right. Nationwide can say and do whatever they like. They are not above the law. When they go to court they cannot say.. but your honour I did not respond within the timescales specified in the Act because I needed the FOS report and I was hopeful that sending a document would keep the plaintiff busy looking for the missing prescribed terms until I got the report I needed......

 

No, the law is clear, we are lucky that we now have a superb communication media which brings us all together to discuss and debate what are rights are under the law and can jointly share each others strategies.

 

I suspect that this IS the start of the Consumer Revolution... let the Seller Beware... no more short change, no more poor service, no more misrepresentation of goods and services, more importantly no more abuse of monopoly.

 

My advice to the financial institutions who we know are tracking us....

Clean up your Act, forget your fat profits - you need to make some heavy provisions within your losses - regain the initiative - dont wait for a claim - repay everyone your charges and interest and act like a proper business - you will recover all our confidence.

 

... off soapbox..

[sIGPIC][/sIGPIC]

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Guest Battleaxe

I have just printed off my Section 10 notice to Otto et al with copies to Moorcroft and the ICO. Mr Andrews wanted a reply he has it in spades. the covering letter will be worded in such a way that there can be no mistake, no Agreement regarding sharing information with third Parties i.e. Moorcroft and CRA. he face the wrath of the ICO especially as the ICO wanted me to get copies of my credit files for their investigation. Roll on.

 

Zubo you are correct, the Customer revolution has started.

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Smoothy I really don't know how many times this can be said.......if they don't have a properly executed agreement the unenforcable debt may still exist but they have not nor have ever had agreement to process your data........They can't claim "Ah! well there WAS one but we don't have it anymore but still have a right to process your data"

 

As you have not authorised them they are breaching the DPA

 

I totally agree!! Im not entering into this argument because I believe that (unless ive slipped through a timehole and the Third Reich are in power,) they cannot process your data without your position!! I have used this argument against a creditor, who admitted in writing that they have no agreement and are not going to persue me for the debt, that they have no right to issue a default and continually state on my file that I have a debt! And yet they still do it! So I await an outcome of the argument to tell me wether I should proceed action based on DPA or CCA !

Honestly...im not arguing!!

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