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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cap1 & CCA return


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Thought auto dialers were against OFT guidelines?

 

I thought trying to enforce unenforcable credit agreements was against OFT guidelines? ;)

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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Suscribing again.

 

I have just received the following email from TS today 22/05/07 which is self explanatory! the email relates to this:-

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-795373.html

 

plus the following post 6617 on page 331

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-331.html?highlight=angry+cat#post798744

 

Dear AC

 

Re; Morgan Stanley

 

As discussed, please find below a written explanation as to my opinion regarding Sec 7 of the Consumer Credit Cancellation Notices and Copies of Documents Regulations 1983. I hope this will clarify things for you.

 

 

 

In respect of regulation 7 which states;

 

7(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either -

 

a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied;

 

or

 

b) an easily legible statement of the terms of the agreement as varied in accordance with section 82(1) of the Act.

 

We are of the opinion that reg 7 refers to a copy of the executed agreement and that sub sections a) or b) are in addition to this and not any alternative to sending the actual executed agreement.

 

In respect of regulation 8 which states;

 

Every copy of an executed credit token agreement given to the debtor under section 85(1) of the Act where the agreement may be varied under a power contained in it shall comprise an easily legible statement of the current terms of the agreement (whether or not varied in accordance with section 82(1) of the Act).

 

Reg 7 does appear to be consistent with reg 8, but in our view again requiring that both the executed agreement plus any amendment docs are included.

 

 

 

As there appears to be no case law which I am aware of to offer specific guidance in this area, the information above is an opinion based on our interpretation of the regulations.

 

I have called Morgan Stanley again to find out when they will be sending a letter out to you, explaining their view of the Regs. Unfortunately I had to leave a message as Chincia Biondi was not available.

 

When I receive a call back from them I will let you know what they have said.

 

Trading Standards".

 

Love AC

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In respect of regulation 8 which states;

 

Every copy of an executed credit token agreement given to the debtor under section 85(1) of the Act where the agreement may be varied under a power contained in it shall comprise an easily legible statement of the current terms of the agreement (whether or not varied in accordance with section 82(1) of the Act).

 

Reg 7 does appear to be consistent with reg 8, but in our view again requiring that both the executed agreement plus any amendment docs are included.

 

While I love their opinion, I have to say that to me, Reg 8 seems vastly different from Reg 7, and seems to actively suggest that ONLY a copy of the CURRENT executed agreement AS VARIED (or not) need be supplied, and NOT the "original executed agreement" + variations/current agreement as required in Reg 7.

 

Curious.

 

Any chance of a scan of the whole letter (with your personal info blacked out of course ;) )?

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Suscribing again.

 

I have just received the following email from TS today 22/05/07 which is self explanatory! the email relates to this:-

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-795373.html

 

plus the following post 6617 on page 331

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-331.html?highlight=angry+cat#post798744

 

Dear AC

 

Re; Morgan Stanley

 

As discussed, please find below a written explanation as to my opinion regarding Sec 7 of the Consumer Credit Cancellation Notices and Copies of Documents Regulations 1983. I hope this will clarify things for you.

 

 

 

In respect of regulation 7 which states;

 

7(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either -

 

a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied;

 

or

 

b) an easily legible statement of the terms of the agreement as varied in accordance with section 82(1) of the Act.

 

We are of the opinion that reg 7 refers to a copy of the executed agreement and that sub sections a) or b) are in addition to this and not any alternative to sending the actual executed agreement.

 

In respect of regulation 8 which states;

 

Every copy of an executed credit token agreement given to the debtor under section 85(1) of the Act where the agreement may be varied under a power contained in it shall comprise an easily legible statement of the current terms of the agreement (whether or not varied in accordance with section 82(1) of the Act).

 

Reg 7 does appear to be consistent with reg 8, but in our view again requiring that both the executed agreement plus any amendment docs are included.

 

 

 

As there appears to be no case law which I am aware of to offer specific guidance in this area, the information above is an opinion based on our interpretation of the regulations.

 

I have called Morgan Stanley again to find out when they will be sending a letter out to you, explaining their view of the Regs. Unfortunately I had to leave a message as Chincia Biondi was not available.

 

When I receive a call back from them I will let you know what they have said.

 

Trading Standards".

 

Love AC

 

Glad you're back AC!

 

I am very confused by this - is all this in response to a sec 78 request you made?

 

Why have they brought sec 7 and 8 of the regs into 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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While I love their opinion

 

Curious.

 

Any chance of a scan of the whole letter (with your personal info blacked out of course ;) )?

 

jalex, I have copied & pasted the email exactly in the above post.

 

I have been waiting for the TS opinion for some time but in the meantime MS remain silent.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-798744.html

 

You will see from the link that MS consider that they have complied due to reg3, TS do not agree due to reg7.

 

However, I know that MS do not have a copy of the true executed agreement, what they sent me was a 'Frankenstein' crisp white brand new mailer.

 

It gets curiouser & curiouser!?

 

Love AC

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jalex, I have copied & pasted the email exactly in the above post.

 

I have been waiting for the TS opinion for some time but in the meantime MS remain silent.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-798744.html

 

You will see from the link that MS consider that they have complied due to reg3, TS do not agree due to reg7.

 

However, I know that MS do not have a copy of the true executed agreement, what they sent me was a 'Frankenstein' crisp white brand new mailer.

 

It gets curiouser & curiouser!?

 

Love AC

 

Does it bloody matter - they haven't complied due to Sec 78 which takes precidence over the regs anyway!!

 

Sheesh!!!

 

Why do these regulatory bodies need us to tell them what the law is?

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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Glad you're back AC!

 

I am very confused by this - is all this in response to a sec 78 request you made?

 

Why have they brought sec 7 and 8 of the regs into it?

 

 

Thanks un1boy

 

I reported MS to TS some months ago as they had not complied iwth my S78 CCA request, by thet time they had already committed a criminal offence.

 

Then all of a sudden MS sent me the above generic mailer and then informed TS that they had complied due to them sending the doc. MS are of the opinion that because of the 1983 regs reg 3 that they had complied.

 

TS informed me that they do not agree with MS due to the 1983 regs reg 7.

 

I asked my fair trading officer to email me the TS opinion that differs to MS and that it what I have posted above.

 

Love AC

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Does it bloody matter - they haven't complied due to Sec 78 which takes precidence over the regs anyway!!

 

Sheesh!!!

 

Why do these regulatory bodies need us to tell them what the law is?

 

I think it is because of this-

Trading Standards

"As there appears to be no case law which I am aware of to offer specific guidance in this area, the information above is an opinion based on our interpretation of the regulations".

 

All along I have been told that TS may not prosecute due to:

Lack of funds, or

No established case law and remember that because the offence is criminal any action would be in a Magistrates Court!

 

So, at the end of the day, after reporting the offence to the enforcement agents TS months ago, I am right back were I started.

Any action against MS will have to brought by liitle ole me.

One thing for sure though they do not have the alleged true executed agreement.

 

AC

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So, at the end of the day, after reporting the offence to the enforcement agents TS months ago, I am right back were I started.

Any action against MS will have to brought by liitle ole me.

One thing for sure though they do not have the alleged true executed agreement.

 

AC

been told the same of my TS as well. :mad:

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HOw can ever be any case law if the B%"**!¬ TS don't take any action??

They do my head in, jobs for the boys ...as long as they don't have to tax their brains & get off their backsides and do what they are paid to do help the consumer and general public

 

sparkie1723

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HOw can ever be any case law if the B%"**!¬ TS don't take any action??

They do my head in, jobs for the boys ...as long as they don't have to tax their brains & get off their backsides and do what they are paid to do help the consumer and general public

 

sparkie1723

ye but then they woun't be able to go round the car boot looking for dodgy dvds and all that stuth. do a bit of shopping at the same time erm

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jalex, I have copied & pasted the email exactly in the above post.

 

I have been waiting for the TS opinion for some time but in the meantime MS remain silent.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-798744.html

 

You will see from the link that MS consider that they have complied due to reg3, TS do not agree due to reg7.

 

However, I know that MS do not have a copy of the true executed agreement, what they sent me was a 'Frankenstein' crisp white brand new mailer.

 

It gets curiouser & curiouser!?

 

Love AC

 

Hi AC, sorry I haven't been in touch for a while, will catch up later in week when I am at home!

 

This is bizarre with this MS thing, you know that I have a Goldfish/MS problem, so far, they have sent me 457, er yes, four hundred and fifty seven crisp new sequentially numbered and dated credit agreements. Therefore, are TS going to tell me that this is OK, well they can bog off if they do, it is not OK, you know it's not OK and so does everybody else. This does not conform with a true copy of your executed agreement.

 

I hope you've defaulted them!!!! xxx

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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I am surprised that TS think there is no case law to support our actions re

breaches of the delivering of the executed agreement in response to a CCA

request.

 

Under s77 and 78, the Act states quite clearly that the creditor must supply the debtor within the specified time with a copy of the "Executed Agreement".

 

If we then go to s189 [definitions] under executed agreement it states it is

"a document signed by or on behalf of the parties, embodying the terms of

a regulated agreement.

For further clarification s61 [1] assists

A regulated agreement is not properly executed unless

(a) a document in the prescribed form itself containing all the prescribed terms

and conforming to regulations under section 60(1) is signed in the prescribed

manner both by the debtor or hirer and by or on behalf of the creditor or owner,

and

(b) the document embodies all the terms of the agreement, other than implied terms,

 

In addition s65[1] states

An improperly-executed regulated agreement is enforceable against the

debtor or hirer on an order of the court only.

 

And then s127 [3]carries on to state

The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner).

 

 

Furthermore, Lord Justice Chadwick and Lord Justice Rix in Wilson v First County Trust in the Royal Court of Justice Strand May 2nd 2001 had this to say

 

Section 127(1) of the 1974 Act is subject to the restrictions imposed by sections 127(3) and (4). Those subsections set out circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. In particular, section 127(3) is in these terms:

 

"The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner)."

It follows that in a case where there is no document signed by the debtor – or no document signed by the debtor which contains all the prescribed terms of the agreement – the court has no power to make an enforcement order. In such a case, the effect of sections 65(1) and 127(3) of the Act is that the agreement is not enforceable against the debtor.

 

I think the Judges spelt matters out quite clearly. One would have

thought that TS should find their argument compelling enough to take

action.

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AC, Can you PM please?

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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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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Okay Guys-

Now I will change the subject over to MBNA!

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-842481.html

 

You will see from the above link that MBNA have also failed to comply with my CCA request, thus have committed a Criminal Offence.

The link will show you a letter dated 29 March 2007 sent by special delivery to Stuart Johnson and copies to Stephen Bailey and S McEnvoy (Compliance) by Recorded Delivery, all were received, but there has been no response until Monday 21/05/07 and...you will again see from the above link what the response contained!!!

 

Yes, it really was-

"Under section 7 of the Data Protection Act 1998 as per your request for STATEMENT information, please find this information enclosed".

 

What should I make of this, number 1, I didn't make an SAR!

However, surely if MBNA are complying with an S7 DPA request, one would not just be sent copies of ledgers with all the amounts in USD$ ??? To comply with an SAR request then MBNA would have had to send me everything that they hold about me.

 

Do I smell a rat?

Curious

 

AC

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Okay Guys-

Now I will change the subject over to MBNA!

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-842481.html

 

You will see from the above link that MBNA have also failed to comply with my CCA request, thus have committed a Criminal Offence.

The link will show you a letter dated 29 March 2007 sent by special delivery to Stuart Johnson and copies to Stephen Bailey and S McEnvoy (Compliance) by Recorded Delivery, all were received, but there has been no response until Monday 21/05/07 and...you will again see from the above link what the response contained!!!

 

Yes, it really was-

"Under section 7 of the Data Protection Act 1998 as per your request for STATEMENT information, please find this information enclosed".

 

What should I make of this, number 1, I didn't make an SAR!

However, surely if MBNA are complying with an S7 DPA request, one would not just be sent copies of ledgers with all the amounts in USD$ ??? To comply with an SAR request then MBNA would have had to send me everything that they hold about me.

 

Do I smell a rat?

Curious

 

AC

 

They clerly either don't know what you're doing, or hope that you are thick!

 

I would write back and tell them they have completely ignored your sec 78 request and ask them for the written request you made which prompted their disclosure under the DPA as they can only send info under a sar with a written request!

 

Not entirely true that they have to send everything though - they only have to send what you ask for really!

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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That woman claiming against Halifax for harassment won, didn't she?

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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AC

we all know that this is p... take. But as long as they are comfortable in the knowledge that the statutory bodies are unlikely to take any action, I am afraid they won't change.

 

I almost feel that there should be a petition to stop them from renewing their credit licence, signed by everyone that they failed to supply the information under s77-79 of CCA 1974, and bring this to the attention of OFT and the minister in charge. most of the lenders have commited 100's of offences and for them to be let free is frankly not on.

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AC

we all know that this is p... take. But as long as they are comfortable in the knowledge that the statutory bodies are unlikely to take any action, I am afraid they won't change.

 

I almost feel that there should be a petition to stop them from renewing their credit licence, signed by everyone that they failed to supply the information under s77-79 of CCA 1974, and bring this to the attention of OFT and the minister in charge. most of the lenders have commited 100's of offences and for them to be let free is frankly not on.

 

Hi Humbleman, we have already done this over on the MBNA forum. The mass complaint was forwarded to FOS, OFT, TS and the FSA. We are eagerly awaiting a response.................

 

 

Regards,

 

Corn x:)

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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Looking forward to the responses on that one Corn!

x

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Looking forward to the responses on that one Corn!

x

 

Yes, definitely!

 

Make sure you let us know what happens!

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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Yes, definitely!

 

Make sure you let us know what happens!

 

Of course!!!!

 

:grin:

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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