Cap1 & CCA return

[TANZARELLI]

I am genuine and have not read all this thread and to be honest I think that some of your attitudes are a bit out of order. This thread seems to be a bit clicky. If this guy the professor is new to this site I think you have not given him a fair welcome.

 

I also have had a pm from someone on this thread who I won't name and was basically told in what seemed to be an agressive way to go back and edit a post where I had asked a question. Well sorry but not a chance it was relevant and it will remian there. Just because some of you have read all this thread does not make you any better than other members on this site.

 

This post is not aimed at all on this thread but some of you need to get over yourselves, as we are all trying to achieve the same thing here, and this site is aimed at supporting others.

 

Tanz

P.S sorry if I have offended anyone.

[InKogneeToh]

Just spotted this, and think it may be relevant to quite a few people.

 

 

 

For the avoidance of doubt, chapter and verse on this please?

 

 

 

 

 

Hi

 

Do you mean chapter and verse on overdrafts and CCA?

 

From the OFT:

 

Quote:

 

There are two further, highly specialised, types of exemption which may be granted by the Office of Fair Trading from, among other things, the rules on form and content of agreements.

 

A general exemption has been granted for the Bank of England, other banks and licensed deposit-taking institutions in respect of their arrangements for providing

overdraft facilities on current accounts.

 

i.e. - an overdraft does not require a normal regulated agreement and so a CCA s77/78 request would not produce a copy.

 

Regards, Pam

[The Lantana]

To my mind it doesn't really matter whether Professor Fate is MIB or not. If he is, big deal. The MIB's can read this site anyway, whether we like it or not. If in doubt about a fellow CAGer or not, just remember everything said on this forum is public.

 

Interesting angle you raise on the 'stat' PF. I presume a statutory demand issued through the high court is the first phase of a potential bankruptcy process - if you can't pay. Although Amex can be as stupid as the rest of us I'd be genuinely surprised if they'd try that route if it had absolutely no merit whatsoever.

 

If you have, as you say, been battling with them for so long it may well be an act of desperation on their part.

 

As I understand it creditors must enforce CCA74 agreements through the county court system. However, if we are able to rip the agreement to shreds, then this means they haven't a regulated loan.

 

So, and I'm thinking out loud, by taking an action to the high court are they saying...

 

'we lent PF this cash, we have no agreement that stands up as a regulated loan, we lent him this money outside of the terms of our credit licence, we have no licence to make un-regulated loans to consumers, ergo we are criminals. Sorry for wasting m'lud's time, please now lock us up!'

 

At the end of the day they will have to produce en effective agreement IMHO, so why not produce it in the county courts?

 

Please keep us informed, and welcome to CAG, PF

 

Regards

 

Lantana

[m55dlc]

I am genuine and have not read all this thread and to be honest I think that some of your attitudes are a bit out of order. This thread seems to be a bit clicky. If this guy the professor is new to this site I think you have not given him a fair welcome.

 

I also have had a pm from someone on this thread who I won't name and was basically told in what seemed to be an agressive way to go back and edit a post where I had asked a question. Well sorry but not a chance it was relevant and it will remian there. Just because some of you have read all this thread does not make you any better than other members on this site.

 

This post is not aimed at all on this thread but some of you need to get over yourselves, as we are all trying to achieve the same thing here, and this site is aimed at supporting others.

 

Tanz

P.S sorry if I have offended anyone.

 

OK Tanz, your first post on this site is in this thread and you've only been a member since march. You are knowledgeable about the CCA and you try and forge your relatioships on here by stating you're going to crown court (RCJ??) over a CC thing? Then you ask that question. That ticks all of my alarm bell boxes. If he is genuine, lets see something genuine from him.....

 

We're not a clique. I'm jumping at my shadow. I think someone demanding you edit a post you've made is very wrong. If it is offensive, get a mod to remove it. If it is anything else, it is your opinion. If PF is genuine I will welcome him with open arms. But lets all remember this is open forum, and we need to make sure the PM'd and emailed important stuff doesn't get out until it's cooked.

[joesoap]

Joe, there is no need to send another request if you have done already - simply send them a letter advising them that the docs sent do not comply with your request and you require the correct documentation to be sent within the timescale (which started from your original letter)....

 

Cheers un1boy,

 

Sorted. Stevensdrake are now "dealing with my request". I wonder where they'll get the real thing from?

[un1boy]

Cheers un1boy,

 

Sorted. Stevensdrake are now "dealing with my request". I wonder where they'll get the real thing from?

 

no problem Joe, that's what we are all here for!

 

Let's hope you can get it sorted - keep us updated, yeh?

[InKogneeToh]

OK Tanz, your first post on this site is in this thread and you've only been a member since march. You are knowledgeable about the CCA and you try and forge your relatioships on here by stating you're going to crown court (RCJ??) over a CC thing? Then you ask that question. That ticks all of my alarm bell boxes. If he is genuine, lets see something genuine from him.....

 

Hi m55

 

Is all this cloak and dagger DCA bashing making you just a wee bit paranoid? :o

 

I made some of my very earliest posts in this thread and had more CCA knowledge and experience of court claims than most posters on this thread put together and from long before this site was even thought of!

 

As Lantana has indicated, this forum is public and any sensitive discussions can be kept to PM or email if required.

 

Regards, Pam

[FANTASY CHARGES]

[TANZARELLI]

OK Tanz, your first post on this site is in this thread and you've only been a member since march. You are knowledgeable about the CCA and you try and forge your relatioships on here by stating you're going to crown court (RCJ??) over a CC thing? Then you ask that question. That ticks all of my alarm bell boxes. If he is genuine, lets see something genuine from him.....

 

We're not a clique. I'm jumping at my shadow. I think someone demanding you edit a post you've made is very wrong. If it is offensive, get a mod to remove it. If it is anything else, it is your opinion. If PF is genuine I will welcome him with open arms. But lets all remember this is open forum, and we need to make sure the PM'd and emailed important stuff doesn't get out until it's cooked.

 

I hope your post is referring to PF as I have been a member since Aug 06. I agree that we need to be careful and am not having a pop at you individually, however, I have many claims going at the moment and some are tricky to say the least. I have/do spend hours on this site and others trying to obtain information to help me with my case as well as helping others to do the same. After all this is what this site is here for. I previously posted a question maybe 3 times on this thread and got no response until today (thanks to incog for at least acknowledging my question), I have a full time job which takes a lot of my time and has a lot of pressure, so can't always find the time to read all posts I am subscribed to and also read big threads from start to finish, and i'm sure others have the same problem. I am patient with the questions I ask and try and answer questions asked of me as quickly as I can to help others. We all need to be considerate of others on the site and try to help when we can.

 

Hope that expains my view.

 

Tanz

[FANTASY CHARGES]

hello lantana

 

can you remember what time of day you joined the site officially it was between midnight and 2am and you went straight on to view this thread . I remeber you showing as the newst member.

 

you will be amazed i know this because i notice everything --

 

i am not drawing or making any suggestions at all but just stating a fact if the mods check this out it will be verified.

 

you had probably been reading this bedtime story for days and then you suddenly got the urge to join...... so don't worry

 

please confirm i got the time right .

[tamadus]

Tanz

 

I'll second Pam's apology, we have been too busy having a light hearted bit of fun.

 

Pam - as I read it - Tanz simply wants the Court to order the CCP to supply the fully executed agreement and put an end to his uncertaintity. Not unreasonable.

I recall reading a thread where someone has been to court to get the Bank to satisfy his SAR request. The Court did not think that they could do that but they can and did. The Cagger put in a nominal claim for £30 to achieve it.

Could we not do similar, but include in the claim that if the CCP did not meet the Order then the Court declare that the agreement and any associated contract be voided and the CCP would need to Consolidate from the date of commencement of the unexecuted agreement.

It would appear to be the next logical step.

 

Comments?

 

Z

 

I think we are rapidly approaching this as a next step.

[Guest The Terminator]

I am genuine and have not read all this thread and to be honest I think that some of your attitudes are a bit out of order. This thread seems to be a bit clicky. If this guy the professor is new to this site I think you have not given him a fair welcome.

 

I also have had a pm from someone on this thread who I won't name and was basically told in what seemed to be an agressive way to go back and edit a post where I had asked a question. Well sorry but not a chance it was relevant and it will remian there. Just because some of you have read all this thread does not make you any better than other members on this site.

 

Tanz: There is nothing clicky about this thread I can assure you of that and I consider myself genuine and equal to everyone else and let's face it we are all in the same boat .If someone needs help then we should all be rallying around and helping one another not having digs at one another.I can understand some posters being a little suspcious but that is entirely up to them everyone is entitled to their opinion and as a group we have to respect people's opinion's.Refering to the piece in blue I find that a little bit out of order, when i'm pm'd I like many other's will try to answer the question or advise pm me with the question and I will try to come up with an answer.The way forward is to stop having digs at one another and to get back on track with what this thread is all about.I will now get off my soapbox

 

Regards

 

The Terminator

[m55dlc]

Please accept my apologies, I wasn't targeting anyone specifically or making any accusations. I just felt, and I fully accept that I may have been wrong, that the question asked was too targeted, too direct and far too specific to ask off the cuff like that. Tanz, of course I didn't mean you:D

 

I am paranoid, stressed, not sleeping ... you name it, I'm feeling it. When things calm down for us I'll be less twitchy. Oh, and if you think DCA's are bad, live under the threat of HMRC, where you're guilty until proven innocent and they can legally enter your house at 3 am...

[tamadus]

Oh, and if there is a fine of £2.5k for every attempt to enforce an agreement that is in default (every phone call, every letter) these CCP will be filing for bankruptcy within the week. I've got five messages on my answering machine and about 50 statements asking for payment and a further fistful of letters from them. At £2.5k a throw that means they're due a fine of £150k just from my account!

 

By my reckoning Barclaycard and LTSB currently owe about 250,000 each in fines and I plan on making sure they pay them on time

[fetsilva]

Oh my god! it's taken me nearly 5 days to read this bleedin thread !

 

So much going on i've printed it off so i can go over again with a highlighter pen lol

 

anyway i've had 2 replies from lowell (grr) and for both accounts have not given me properly executed agreements. one is just a signature box the other is a basic application form without apr t&c's and so forth which i shall definately be pointing out to the rats

 

my question tho since i have seen no mention on here (sorry if i have missed it frazzled brain) on the application form they sent my huband has put his date of birth as 3 days before he dated and signed the form making him 3 days old when he applied lol

 

is this worth pointing out to them or does this not have any baring on the matter at all??

[InKogneeToh]

Please accept my apologies, I wasn't targeting anyone specifically or making any accusations. I just felt, and I fully accept that I may have been wrong, that the question asked was too targeted, too direct and far too specific to ask off the cuff like that. Tanz, of course I didn't mean you:D

 

I am paranoid, stressed, not sleeping ... you name it, I'm feeling it. When things calm down for us I'll be less twitchy. Oh, and if you think DCA's are bad, live under the threat of HMRC, where you're guilty until proven innocent and they can legally enter your house at 3 am...

 

Right - bulk prescription for valium now being dispensed to all, via the ether .................Aaaaaaaaahhhh!

 

Now - back to work peeps!

[tamadus]

I am genuine and have not read all this thread and to be honest I think that some of your attitudes are a bit out of order. This thread seems to be a bit clicky. If this guy the professor is new to this site I think you have not given him a fair welcome.

 

I also have had a pm from someone on this thread who I won't name and was basically told in what seemed to be an agressive way to go back and edit a post where I had asked a question. Well sorry but not a chance it was relevant and it will remian there. Just because some of you have read all this thread does not make you any better than other members on this site.

 

This post is not aimed at all on this thread but some of you need to get over yourselves, as we are all trying to achieve the same thing here, and this site is aimed at supporting others.

 

Tanz

P.S sorry if I have offended anyone.

 

Sorry folks but I agree with Tanz,

 

We should all be fully aware the MIB are monitoring this site and this thread. I have already posted about this in the past. I made a post only a couple of weeks ago which was done after a somebody gave me certain information on the subject.

 

If the professor is one of the MIB then we will soon know it, in the meantime lets give him and any other new posters the benefit of the doubt please.

 

Just as the MIB cross reference our posts against their mail and phone logs to identify us we can also do the same. (Yes MIB I KNOW you do that)

 

If you notice I am not posting anything like as much as I used to. This is simply because I want each stage of my battles completed before giving out too many details. I help where I can and I'm trying hard to catch up on my own cases at the moment, and of course, kick the bad guys as hard as possible in the process:)

[The Lantana]

Pam, Tam, Amen.

 

FC, I haven't a clue what time I joined this site at.

 

Now can we all get back to business please. I had an affinity card offer through the post and it was ultimately, of course, MBUSA. Given what I've learned from this site I was naturally interested in reading the application / agreement. I also managed to fix my scanner tonight and here it is....

 

http://i176.photobucket.com/albums/w167/The_Lantana/mbna.jpg

 

I think it goes to show that consumer power is having an effect - they are starting to operate within the law. But it also is a tacit admittance that previous 'agreements' may be defective!

 

Regards

 

Lantana

[InKogneeToh]

my question tho since i have seen no mention on here (sorry if i have missed it frazzled brain) on the application form they sent my huband has put his date of birth as 3 days before he dated and signed the form making him 3 days old when he applied lol

 

is this worth pointing out to them or does this not have any baring on the matter at all??

 

Hi, and welcome to the most frustrating (but fascinating) thread ever!

 

You could always try putting a dummy in hubby's mouth and wheeling him in to court in a buggy to challenge the creditor on their ethics but apart from that I'm not sure how this would really affect the agreement!

 

Regards, Pam

[tamadus]

Oh my god! it's taken me nearly 5 days to read this bleedin thread !

 

So much going on i've printed it off so i can go over again with a highlighter pen lol

 

anyway i've had 2 replies from lowell (grr) and for both accounts have not given me properly executed agreements. one is just a signature box the other is a basic application form without apr t&c's and so forth which i shall definately be pointing out to the rats

 

my question tho since i have seen no mention on here (sorry if i have missed it frazzled brain) on the application form they sent my huband has put his date of birth as 3 days before he dated and signed the form making him 3 days old when he applied lol

 

is this worth pointing out to them or does this not have any baring on the matter at all??

 

5 days to read this thread ? You must be skipping big chunks of it lmao.

 

Does this fall into the CCA rules about sending credit tokens to minors ?

 

I think you have just given me the biggest laugh of the day

[tamadus]

Pam, Tam, Amen.

 

FC, I haven't a clue what time I joined this site at.

 

Now can we all get back to business please. I had an affinity card offer through the post and it was ultimately, of course, MBUSA. Given what I've learned from this site I was naturally interested in reading the application / agreement. I also managed to fix my scanner tonight and here it is....

 

http://i176.photobucket.com/albums/w167/The_Lantana/mbna.jpg

 

I think it goes to show that consumer power is having an effect - they are starting to operate within the law. But it also is a tacit admittance that previous 'agreements' may be defective!

 

Regards

 

Lantana

 

They are getting better

 

I still dont see anywhere for them to sign it though:(

 

I also like the bit where they send it to you at your address them ask your name and address lmao.

[Guest The Terminator]

Pam, Tam, Amen.

 

FC, I haven't a clue what time I joined this site at.

 

Now can we all get back to business please. I had an affinity card offer through the post and it was ultimately, of course, MBUSA. Given what I've learned from this site I was naturally interested in reading the application / agreement. I also managed to fix my scanner tonight and here it is....

 

http://i176.photobucket.com/albums/w167/The_Lantana/mbna.jpg

 

I think it goes to show that consumer power is having an effect - they are starting to operate within the law. But it also is a tacit admittance that previous 'agreements' may be defective!

 

Regards

 

Lantana

 

I noticed that there are two signiture boxes.Presumbly you sign the application and the agreement.But if you only sign one which one do you choose.

[The Lantana]

Yeah there's definitely nowhere for them to sign Tam. I suppose they figure they can simply stamp to accept. MINT did this on an otherwise perfect agreement they've just produced for me.

 

Regards

 

Lantana

[fetsilva]

ah well worth a try lol

 

and yes i have missed a few buts but only the ones that looked long winded (no offence )

 

my mouse wheel has been worn out scrolling down the pages so fast

 

but thats why i printed it out hehe

 

subrcribed to this thread now so hopefully i wont have trillions of posts to look through in one go

 

someone said in an early post that this was better than eastenders and too right they were!!! especially with the relationships that seem to have developed between people ! carry on the interesting reading

[The Lantana]

The second signature box is for PPI, Term.

 

Regards

 

Lantana