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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   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? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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 on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Cap1 & CCA return


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or did they hope the consumer would be so dumb and stay blissfully asleep and unaware of the reg's in the CCA 1974.

 

You go it in one - I think the OFT shouold really act now because at the end of the day, it is they who are credit license holders and therefore it is they who should be aware of the legislation which is relevant and governs their business.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

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un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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aslo from the Wilson Case the following quote was from one of the judges

 

 

Quote: Lord Justice Sedley – "the moral for a pawnbroker such as Mr Howard is that if he wants the rewards of his trade he must operate strictly by the book, and that the failure to do so may be not merely to unravel agreements, but to reverse the indebtedness that they have purportedly caused."

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hi

Finnally got the lowdown on the section 59 issue.

It should be a great help to all you is it a application or is it a sheep worryers out there.

Turns out Jones and few others of us were correct,section 59 would make an agreement void if signed and then executed by the creditor but only if there were no cancellation terms or notices on it.

Not many applitaion forms with cancellation terms mentioned are there.

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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hi

Finnally got the lowdown on the section 59 issue.

It should be a great help to all you is it a application or is it a sheep worryers out there.

Turns out Jones and few others of us were correct,section 59 would make an agreement void if signed and then executed by the creditor but only if there were no cancellation terms or notices on it.

Not many applitaion forms with cancellation terms mentioned are there.

 

Peter

 

I am really sorry Peter, can you clarify? I am having a blonde day and don't understand what you mean.

 

Can you also advise me if an agreement I have, dated oct 2004 should have the cancellation clause in it? And/or should it have been sent seperately?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hi

Sorry when you have been chasing something for a while you think everyone else is thinking along the same lines.

A while ago i put it forward the idea that section 59 would void any agreement that was signed that was not executed ie a future agreement.

A few agreed and a few didn't the problem was that if we were right then any agreements signed away from the traders premises and still unexecuted would be affected so it was a bit of a mystery.

Anyway i eventually got a reply from th OFT today and they agreed that the section would indeed make any such agreement void but because of a regulation via section59(2) it would not apply to contracts of the above nature which provivide any scope for cancellation.

So any contracts which are not executed on the debtiors signature and are not cancellable are void.

Which opens whole new can of worms.

I am now looking into agreements that are uncancelllable because they are signed on creditors premises.If reg 59 aplies to these then there are one or two car hire purchase agreements i have been looking at recently that are going to be in trouble, one of the the agreement wasn't signed(executed) untill a month after the debtor signed it.

Unfortunately they didn't give me the location of the specific regulation but i have requested it and when i have it i will post it.

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hmm!

 

What about an application form that states-

"YOUR RIGHT TO CANCEL

once you have signed this agreement (application form) you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post".

Surely, is the application form states the above, by the time you receive the details, it would be too late!?

Also in the case of a 2001 internet application, the above would not apply due to the creditor having to send a right to cancel notice separately! but one has signed a slip or form with a Your Right to Cancel box already on it.

 

AC

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I am really sorry Peter, can you clarify? I am having a blonde day and don't understand what you mean.

 

Can you also advise me if an agreement I have, dated oct 2004 should have the cancellation clause in it? And/or should it have been sent seperately?

hI Uni#

 

By the way did i tell you i got aletter from Barclays about my sonsacclunt sayng the were no longer pusuing because the had no agreement.Good old FOS.

 

The new agrement regs came out in september 2005 so they will still be controlled by the 1983 regs

It depends on what type of agreement you have and how and where it was made.

 

PM me if you like and i will be glad to have a look

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi

Sorry when you have been chasing something for a while you think everyone else is thinking along the same lines.

A while ago i put it forward the idea that section 59 would void any agreement that was signed that was not executed ie a future agreement.

A few agreed and a few didn't the problem was that if we were right then any agreements signed away from the traders premises and still unexecuted would be affected so it was a bit of a mystery.

Anyway i eventually got a reply from th OFT today and they agreed that the section would indeed make any such agreement void but because of a regulation via section59(2) it would not apply to contracts of the above nature which provivide any scope for cancellation.

 

So any contracts which are not executed on the debtiors signature and are not cancellable are void.

Which opens whole new can of worms.

I am now looking into agreements that are uncancelllable because they are signed on creditors premises.If reg 59 aplies to these then there are one or two car hire purchase agreements i have been looking at recently that are going to be in trouble, one of the the agreement wasn't signed(executed) untill a month after the debtor signed it.

Unfortunately they didn't give me the location of the specific regulation but i have requested it and when i have it i will post it.

 

 

Regards

Peter

 

Oh I see!

 

I know this has been covered, but can you point me in the direction of what is/isn't a cancellable agreement as I need to know whether an agreement I have should have the cancellation statement on it..

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hmm!

 

What about an application form that states-

"YOUR RIGHT TO CANCEL

once you have signed this agreement (application form) you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post".

Surely, is the application form states the above, by the time you receive the details, it would be too late!?

Also in the case of a 2001 internet application, the above would not apply due to the creditor having to send a right to cancel notice separately! but one has signed a slip or form with a Your Right to Cancel box already on it.

 

AC

 

Hi ac

 

Why would an application form give you a right to cancell you have not commited yourself to anything.

If it says you have a right to cncell then it is avoiding section 59 as it gives the ability to cancell.

If you read my post again it says give any scope for cancellation.

 

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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This is the CCA reply from Barclays i had: I am satisfied that it is a properly executed agreement and not an apllication form as many others are sneding me at the moment but I wonder if i could use this section 59 aspect to query it's legality? What do you guys/girls think?

 

It's a Barclays loan via post (not branch) from July 2006:

 

http://i157.photobucket.com/albums/t42/davey77_2007/barclays2.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/barclays1.jpg

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Oh I see!

 

I know this has been covered, but can you point me in the direction of what is/isn't a cancellable agreement as I need to know whether an agreement I have should have the cancellation statement on it..

 

Hi

A cancellable agreement is one where anticedent negociations (Discussions face to face with the creditor)have taken place prior to the agrement being signed by the debtor away from the creditors premises.

Also in the case of an agreement taken out under the distance marketing regs any agreement that is entered into with no physical contactt with the creditor is cancellable for a petiod of 14 Days.

Agreements signed on creditors premises are none cancellable.

I also discovered recenty that if you pick up your unexecuted agreement from your creditors premises even though you have not talked to any staff the agreement is considered as have had anicecatn negocioations and is therfore cancellable.

Untill discovering the facts about section 59 it was assumed (by me anyway) that the cnsellation rights that were afforded to distance applications for say credit cards before the distance marketing act came into place were voluntarry,it now seems they had no choice as section 59 would have made them void otherwise.

There is a good but slightly dated guide to cancellation an the oft websight that is worth a look.

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi

A cancellable agreement is one where anticedent negociations (Discussions face to face with the creditor)have taken place prior to the agrement being signed by the debtor away from the creditors premises.

Also in the case of an agreement taken out under the distance marketing regs any agreement that is entered into with no physical contactt with the creditor is cancellable for a petiod of 14 Days.

Agreements signed on creditors premises are none cancellable.

I also discovered recenty that if you pick up your unexecuted agreement from your creditors premises even though you have not talked to any staff the agreement is considered as have had anicecatn negocioations and is therfore cancellable.

Untill discovering the facts about section 59 it was assumed (by me anyway) that the cnsellation rights that were afforded to distance applications for say credit cards before the distance marketing act came into place were voluntarry,it now seems they had no choice as section 59 would have made them void otherwise.

There is a good but slightly dated guide to cancellation an the oft websight that is worth a look.

 

Regards

Peter

 

Cheers mate.

 

so, if an agreement that I got for an Egg credit card in October 2004 has no cancellation statement statement, is this enforcable?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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This is the CCA reply from Barclays i had: I am satisfied that it is a properly executed agreement and not an apllication form as many others are sneding me at the moment but I wonder if i could use this section 59 aspect to query it's legality? What do you guys/girls think?

 

It's a Barclays loan via post (not branch) from July 2006:

 

http://i157.photobucket.com/albums/t42/davey77_2007/barclays2.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/barclays1.jpg

 

Hi

No

I am afraid since you were the last to sign the agreement section 59 would not apply as it would be executed at the moment of your signature not a future agreement.

However was there no discussion about this agreement prior to you being sent it if so it should be cancellable and it would be worth looking into whether the fact that it was sent by your bandk would be classed as anticedant degociations in which case it would also be cancellable.

I know that if you pick up a blank agreement from your bank and the send it in, it is regarded as cancellable

 

Regards

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Cheers mate.

 

so, if an agreement that I got for an Egg credit card in October 2004 has no cancellation statement statement, is this enforcable?

HI

Steady

Firstly a cancellation statement is not a prescribed term so it would not automatically makeit unenforceable under127(3)

 

If however you should have recieved cancellation details in copy 2 of your agreement and you didnt then there are grounds for the agreement being declared unenforceable under 127(4).

 

If you signed the agreement first and there is no means of cancellation given then you could claim IMO that the agreement was void under section 59.

 

You would be a pioneer as far as i am aware.

 

Regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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HI

Steady

Firstly a cancellation statement is not a prescribed term so it would not automatically makeit unenforceable under127(3)

 

If however you should have recieved cancellation details in copy 2 of your agreement and you didnt then there are grounds for the agreement being declared unenforceable under 127(4).

 

If you signed the agreement first and there is no means of cancellation given then you could claim IMO that the agreement was void under section 59.

 

You would be a pioneer as far as i am aware.

 

Regards

Peter

 

Well Peter, I'll PM you my email address and see what we can come up with!

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Either the OFT have sh-t out or they are totally incumbasant to the law.Section 85(1) quite clearly states that each time a new credit token is issued then a new agrreement has to be signed as well.It is ironic in two ways that the CC companys have got away with this for the last 30 years and a poster on a forum has what in my opinion has opened up a can of worms and most proberly the biggest loophole in the act.Barclaycard, Egg, MBNA eat your hearts out coz the terminator is after yer.

 

 

thanks for the link - GE - they havent changed my sub prime rate for 10 years!! its about seven points over base rate.

OFT demands credit card retreat from GE Capital-Business-Industry Sectors-Banking & Finance-TimesOnline

 

this is the one I think, I'm commenting on the bit about how GE do not lower their rates

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Hi ac

 

Why would an application form give you a right to cancell you have not commited yourself to anything.

If it says you have a right to cncell then it is avoiding section 59 as it gives the ability to cancell.

If you read my post again it says give any scope for cancellation.

 

 

Regards

Peter

 

Yes, why would an application for a credit card have a very small box:-

(because they were obviously attempting to double up the application as an agreement)

 

"YOUR RIGHT TO CANCEL

ONCE YOU HAVE SIGNED THIS AGREEMENT YOU HAVE FOR A SHORT TIME A RIGHT TO CANCEL. EXACT DETAILS OF HOW AND WHEN YOU MAY DO THIS WILL BE SENT TO YOU BY POST BY THE BANK.

 

The above is stated on a year 2000 application form, the copy is very faded but I can still just about read it.

The form is not pre-signed by the creditor because it is an application for credit.

 

If my memory serves me correctly, this is one of those companies that were sending out soliciting letters to persons with good credit, I believe that they obtained my name from an airline frequent flyer membership The letter stated that you have been pre-approved and all that you have to do is to fill out the application form adding your employment etc. Remember that in 1999/2000 the banks were really doing the big sell on credit cards!!!

 

However, at the end of the day, it is an application form.

 

With regards to un1boy's query re egg. All eggs applications were on-line.

Therefore, I believe that there were no cancellation rights, even though their 2001 agreement also states-

"YOUR RIGHT TO CANCEL

ONCE YOU HAVE SIGNED THIS AGREEMENT YOU HAVE FOR A SHORT TIME A RIGHT TO CANCEL. EXACT DETAILS OF HOW AND WHEN YOU MAY DO THIS WILL BE SENT TO YOU BY POST BY THE BANK".

 

However the cancellation rights on an internet application/agreement would have had to be sent separately by post.

plus I note that generally eggs agreements are pre -signed by the creditor

 

correct me if I am wrong.

 

AC

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Yes, why would an application for a credit card have a very small box:-

(because they were obviously attempting to double up the application as an agreement)

 

"YOUR RIGHT TO CANCEL

ONCE YOU HAVE SIGNED THIS AGREEMENT YOU HAVE FOR A SHORT TIME A RIGHT TO CANCEL. EXACT DETAILS OF HOW AND WHEN YOU MAY DO THIS WILL BE SENT TO YOU BY POST BY THE BANK.

 

The above is stated on a year 2000 application form, the copy is very faded but I can still just about read it.

The form is not pre-signed by the creditor because it is an application for credit.

 

If my memory serves me correctly, this is one of those companies that were sending out soliciting letters to persons with good credit, I believe that they obtained my name from an airline frequent flyer membership The letter stated that you have been pre-approved and all that you have to do is to fill out the application form adding your employment etc. Remember that in 1999/2000 the banks were really doing the big sell on credit cards!!!

 

However, at the end of the day, it is an application form.

 

With regards to un1boy's query re egg. All eggs applications were on-line.

Therefore, I believe that there were no cancellation rights, even though their 2001 agreement also states-

"YOUR RIGHT TO CANCEL

ONCE YOU HAVE SIGNED THIS AGREEMENT YOU HAVE FOR A SHORT TIME A RIGHT TO CANCEL. EXACT DETAILS OF HOW AND WHEN YOU MAY DO THIS WILL BE SENT TO YOU BY POST BY THE BANK".

 

However the cancellation rights on an internet application/agreement would have had to be sent separately by post.

plus I note that generally eggs agreements are pre -signed by the creditor

 

correct me if I am wrong.

 

AC

 

Thanks AC.....

 

What if they didn't send the cancellation notice seperately?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

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I'm in the same boat with mbna...

 

they signed first, I signed last (a day later)

 

they sent me a copy agreement, but no seperate cancelation rights....

 

just waiting for the sar to make sure

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

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I'm in the same boat with mbna...

 

they signed first, I signed last (a day later)

 

they sent me a copy agreement, but no seperate cancelation rights....

 

just waiting for the S.A.R - (Subject Access Request) to make sure

 

Dave

 

Well they didn't supply them as part of my sar with Egg, so what implications does that have??

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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it doesn't, because a S.A.R - (Subject Access Request) is providing information they hold about you personally and your accounts - cancellation rights would only refer to a CCA

 

Well I'm just gonna do that now.

 

What happens if they don't send them?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Thanks Ladybird! :)

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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