Cap1 & CCA return

[ncf355]

Hi JH,

 

if you look at the page 2 of that letter above, it says excactly the same -

 

"will acknowledge future letters but won't respond on the points raised"

 

Having been at the various banks etc since last year know I know its all for wind up value, so I'll give in and pay them what they are not entitled to

 

So lets see what the judge has to say!

[joneshousehold]

Sorry I missed that when I looked at the letters. I am not good at reading things on photobucket - I think I have a mental blindspot!

 

Not sure I understand why you are giving in though.

[ncf355]

Sorry, I just re read that and saw how you read it!

 

I didnt mean I was giving up

 

I'm taking them to court cos I'm sick to the back teeth of trying to get them to recognise their legal obligations and after reading stories on here I deem TS a waste of time (no offence to anyone that works there - its obvious the Govt havent given them the tools/staff/cash to be able to act properly)

[joneshousehold]

I haven't taken any court action against them. I was waiting for them to act. Are you prepared to tell me what the grounds for your claim are? I appreciate you may not want to publish on here so it's no problem if you won't say. I am just interested and am looking at my own options.

 

PS glad you aren't giving up!

[Stornoway]

Sorry, I just re read that and saw how you read it!

 

I didnt mean I was giving up

 

I'm taking them to court cos I'm sick to the back teeth of trying to get them to recognise their legal obligations and after reading stories on here I deem TS a waste of time (no offence to anyone that works there - its obvious the Govt havent given them the tools/staff/cash to be able to act properly)

I'd love to know your strategy for going to court and the case law you will be using - if you dont want to post this info then I'd really appreciate a PM. I'm starting to work on a N1 to take RBS and HSBC to court for same reasons - would be graet to swap notes.

 

Cheers

[monopoly23]

I applied for a credit card and was accepted even though later I noticed that the application and agreement were in my maiden name(the same as my bank account) but my ID(driving license) was in my married name. There was no intent to defraud. Would this have any effect on the agreement in the first place? If I were to send a CCA request would the fact that is was signed in my maiden name make a difference to the validity of the agreement? (If they managed to produce a copy that is)

[un1boy]

I applied for a credit card and was accepted even though later I noticed that the application and agreement were in my maiden name(the same as my bank account) but my ID(driving license) was in my married name. There was no intent to defraud. Would this have any effect on the agreement in the first place? If I were to send a CCA request would the fact that is was signed in my maiden name make a difference to the validity of the agreement? (If they managed to produce a copy that is)

 

As far as I know, this wouldn't have any effect as your marriage certificate gives you the right (Whether you choose to or not) to change your name without having to go through deed pole.

 

As long as ur passprt/driving licence etc are in the same name, that's all that matters. Although, in the long run all of your credit etc would be in the same name as your passport/driving license.

 

i may be wrong, but that is my understanding of it!

[un1boy]

I applied for a credit card and was accepted even though later I noticed that the application and agreement were in my maiden name(the same as my bank account) but my ID(driving license) was in my married name. There was no intent to defraud. Would this have any effect on the agreement in the first place? If I were to send a CCA request would the fact that is was signed in my maiden name make a difference to the validity of the agreement? (If they managed to produce a copy that is)

 

Just realised what you have said - the lender has a legal obligation under the proceeds of crime act to varify your identity in order to satify money laundering regs. You should report them to the FSA because they haven't checked your identity properly. That is a serious error on their part!!!

 

I would also assume this means that the agreement is void (yes, void!!!) as it has been drafted up and signed in a different name!

 

Sorry about my post above, I obviously didn't read ur original post properly!

 

As for the agrement, you could tell them that you dispute the agreement and until they provide the agreement (under a sec 78 request) AND the id they took from you, that you will not pay.

[angry cat]

I haven't taken any court action against them. I was waiting for them to act.

 

Ditto joneshousehold!!!

 

I went onto Word this morning and started to compose letters various to MS, MBNA and EGG now Citibank, because I feel frustrated, angry and outraged regarding these financial institutions shameful, squalid and apparent devious methods to deceive me/us!!! (apparently a valued customers)

 

After some time, I decided that I would not write any of the letters due to the fact that my emotions were taking over. My brain must rule my head and NOT my emotions. Therefore, I went into my garden and pulled out all the weeds that have popped up after all the rain we have been having recently and of course whilst doing this, I thought about my next move.

 

Which is nothing, nil, nada... I will wait patiently for them to act.

 

I know that it is very frustrating:-

One law for the banks and...

None for the Consumer!

 

We all need to escalate our complaints up and onto the next plateau, because if the enforecment officers TRADING STANDARDS (TS) will not act and the regulators FSA, FOS, ICO, BOS will not act, (who apparently condone these finanacial institutions criminal legistlative offences) then we must ALL pump up the action through the MEDIA.

 

LOVE AC

[monopoly23]

un1boy quote

"Just realised what you have said - the lender has a legal obligation under the proceeds of crime act to varify your identity in order to satify money laundering regs. You should report them to the FSA because they haven't checked your identity properly. That is a serious error on their part!!!

 

I would also assume this means that the agreement is void (yes, void!!!) as it has been drafted up and signed in a different name!

 

Sorry about my post above, I obviously didn't read ur original post properly!"

 

As for the agrement, you could tell them that you dispute the agreement and until they provide the agreement (under a sec 78 request) AND the id they took from you, that you will not pay.

 

So just because the signed agreement and the ID name don't match this makes the agreement void? I'd really like for this to be the case. Even if this is correct I think I'll send them a CCA letter just to see if they even have a copy!

Thanks very much for your reply

[InKogneeToh]

Question on this one: what if they do not supply while account is active, enter default situation after 12 plus 30 still not comply and THEN whilst in default close account and sell debt ? This is what MBNA did in my case....

OFT and TS investigating but it is puzzling me. I have now CCA'd DCA, but apparently they also do not have to supply the agreement based on the same argument (account closed) I haven't heard from the DCA yet in reply to my CCA but I have been told it is their standard reply.

 

Hi

 

If there is still a debt outstanding, the account is NOT closed - it is still very much a live account! The original creditor may have withdrawn your credit facility and also may have written off the debt and/or marked your credit file as 'settled', but this is only an accounting procedure sometimes done when selling a debt on.

 

If a debt is SOLD to a DCA then they become the new creditor and as such, are obliged to comply with your CCA s77/78 request.

 

However, since you had already made this request to the OC before they sold the account on, then they had an obligation to comply. Also, as already mentioned on this thread, a creditor must not sell on a debt that is in dispute.

 

This debt is currently unenforceable since the OC did not comply with your CCA request.

 

I suggest writing to the DCA and telling them that! Also tell them that the OC should not have sold a disputed debt to them, as per OFT guidelines.

 

Regards, Pam

[the main man]

Hi,

 

Has anyone got any thoughts on this story,

 

Laura Ashley's credit card blitz | This is Money

 

This happened to my wife, the original store card my wife had was transferred to a credit card without asking or signing anything, they also issued a new account number.

So when I did a CCA request for the agreement they sent the application/Agreement for the original store card. Does the application/Agreement form for the original account still stand on the new account number?

And as stated in the article the OFT said that it was classed only as a "replacement" card, then surely why would they have to change the account number?

[angry cat]

unsubcribing.

 

AC

[Sparkie1723]

Monopoly 23,

 

It will not make any difference signing in your maiden name , because legally you can be identified from your maiden name, you are the same person by your maiden or married name .

 

I give you the example ..You hold a credit card or bank account in your maiden name, you get married ...your name changes but ...you do not become a different person...its just that one day you are single the next you are married.

 

You would not be accused of fraud, because it is not you that has changed your name the LAW has.

 

sparkie1723

[monopoly23]

What about the point that un1boy made?

 

"Just realised what you have said - the lender has a legal obligation under the proceeds of crime act to varify your identity in order to satify money laundering regs. You should report them to the FSA because they haven't checked your identity properly. That is a serious error on their part!!!"

[Sparkie1723]

They verify who you are via your credit file , they just search it and any name you have been known as before is there on your file ...previous address' etc, thats one of the reasons for CRA's.

sparkie1723

[monopoly23]

OK thanks. Looks like I'll just be sending a CCA request then.

[MintChocChip]

These are definite caller witheld their number,

 

Also had a text yesterday asking me to call some 0870 number (which is never going to happen) also if anyone recognises 01273 743574 it would help

 

 

Hi, I have also had many calls where there is no-one on the other end of the phone. When I dial 1471 it tells me that the caller has withheld their number. Now I am still getting loads of calls where there is no-one there but on dialing 1471 the number is 01273 743574. Why are they not speaking? I've had two calls today (Sunday) - do they not have a day of rest

[rippedoffagain]

Hi, I have also had many calls where there is no-one on the other end of the phone. When I dial 1471 it tells me that the caller has withheld their number. Now I am still getting loads of calls where there is no-one there but on dialing 1471 the number is 01273 743574. Why are they not speaking? I've had two calls today (Sunday) - do they not have a day of rest

 

 

Lloyds TSB collections

 

It is an automatic dialler, if no one is available to take the call at the call centre, you are left with an empty line.

[Sparkie1723]

Here is the list that has the code number you asked for

• Barcombe (Lewes) 01273
  
• Brighton 01273
  
• Glynde 01273
  
• Hassocks 01273
  
• Henfield 01273
  
• Hurstpierpoint 01273
  
• Lewes 01273
  
• Newhaven 01273
  
• Peacehaven 01273
  
• Plumpton (East Sussex) 01273
  
• Poynings 01273
  
• Ringmer 01273
  
• Shoreham-by-Sea 01273

sparkie1723

[ncf355]

Thought auto dialers were against OFT guidelines?

[un1boy]

Monopoly 23,

 

It will not make any difference signing in your maiden name , because legally you can be identified from your maiden name, you are the same person by your maiden or married name .

 

I give you the example ..You hold a credit card or bank account in your maiden name, you get married ...your name changes but ...you do not become a different person...its just that one day you are single the next you are married.

 

You would not be accused of fraud, because it is not you that has changed your name the LAW has.

 

sparkie1723

 

Ok, thanks for your insight!!

 

PS Sorry if I was wrong!

[Sparkie1723]

no probs un1boy,

 

We are here to help each other as much as we can, no apologies needed.

 

sparki1723

[un1boy]

Hi, I have also had many calls where there is no-one on the other end of the phone. When I dial 1471 it tells me that the caller has withheld their number. Now I am still getting loads of calls where there is no-one there but on dialing 1471 the number is 01273 743574. Why are they not speaking? I've had two calls today (Sunday) - do they not have a day of rest

 

 

It's also a marketing tactic used by some - they get an auto dialler to call u at various times. If you answer it works out on average what times u should be at home, then books you in for an operator to call u at a time thinks ull be in!

[un1boy]

I've had two calls today (Sunday) - do they not have a day of rest

 

 

You should report them to the FSA as they are only allowed to call you between 8am and 9pm mon-sat.

 

Also, I would write to their CEO and ask him/her why they are doing this.

 

Also, write to their data Protection Officer and ask for them to remove ALL of your contact numbers from their systems - explain you want all correspondence in writing. They have to do this and it's worked with mine.