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    • dx100uk
      JCI/? Claimform - old OVO dual fuel debt

      By dx100uk · Posted

      thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • honeybee13
      Booking.com host cancelled our accommodation - how to get a refund

      By honeybee13 · Posted

      Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • FTMDave
      Booking.com host cancelled our accommodation - how to get a refund

      By FTMDave · Posted

      I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • honeybee13
      Booking.com host cancelled our accommodation - how to get a refund

      By honeybee13 · Posted

      Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Cagney18
      JCI/? Claimform - old OVO dual fuel debt

      By Cagney18 · Posted

      Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt 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 ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  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? No

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Cap1 & CCA return

tamadus

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patrickq1

patrickq1

Posted
Posted

they seem to be saying simmallar to what i have said all along,and this regulator is now already voicing his concern and that is just goverment departments,which is an indication as to how serious this problem has become,well done may for that newstory,,,,,,so thits gives more than clarity when you consider private companies and banks ,data sharing companies debt collection agencies....none of this data is licenced legaly this is why i keep bangin on about it a major defence needs to be challenged against these terms and conditions on the basis they are unfair terms with regards to third party before an action is taken,and i am taking it as the second party is THE JUDGE THE TAXMAN AND THE POLICE BUT NOT EXCLUDING THE MAIN GOVERMENT BODIES who may want for true and honest information,but the case against the banks is on consentious the information being passed is both bius and vexhasious the reasons for this if and when you apply for credit at anyones lending company .he knows that he can obtain information (not through the lawful courts and goverment chanells)(from a company who are recognised to may be in possesion of certain data be it credidible data concerning you or be it unreliable data concerning you...............AS YOU ARE AWARE OF THIS DATA ...this is highly unlikely....THIS DATA PROCESSING COMPANY IS ALLOWED TO COLLECT DATA AND PROCESS THIS DATA FOR BE IT PROFIT OR NOT that is DATA IN THE PUBLIC REALM normal chanels is through the goverment court system provided the judge has sandtioned it for public consuption,so why do i have no knowledge of this DATA being passed because the company whoever passed your data has not informed you of the excact details of what data they have passed concerning you they have denied you of your basic rights to challenge the truthfullness of the said data within a period of time the reason for this is before the DATA PROTECTION ACT became PUBLIC PROPERTY and people did not know they could question and challenge banks to the lawfulnes of their actions,because everyones or majority of right thinking people beleived in our banks to operate our accounts fairly and with a duty of care in all dealings ,but now we have discovered that we could challenge decisions that any ordinary person would deem unfair we have now started to question the banks and the processing of our data we were all co ersed into mitigating ourselves into the being co defendants in this CRIME OF PASSING DATA it was sign this aplication or dont sign because everyone has the same t and c so it was a no win situation.which is unfair arguements are welcome hope this explains me better shane lol

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maybelline

maybelline

Posted
Posted
Can you elaborate.

 

havent posted the rest as I have a thread Welcome Finance already on this and have some excellent advice, I have a hearing listed but basically I rewrote the loan when getting into difficulites, with all the 'add ons' it went up to 13K but the apr etc is not correct, thus the new exortionate figure! eeeekkkk!

 

and since this makes me mad, how stupid, on the last occasion it was to bring down the payments because I couldnt pay it, now I know thats not meant to happen:(

'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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wednesday1867

wednesday1867

Posted
Posted

How we all doing?

 

I dont know if anyone has seen my thread http://www.consumeractiongroup.co.uk/forum/mbna/104386-mbna-no-cca-gimme.html

 

Ive had no response to my CCA, cos ive had no agreement, im pursuing the repayment of the PPI, but from the pictures below, you can see i agreed to it :(

 

Now as there is no agreement and as my thread, im taking MBNA to court to reclaim all money paid in interest. For my POC i dont think ill acknowledge this application form, could an expert or experts, just give me all the reasons why this is unenforcable, i know its an application form, but is there anything else? Also it says date of application 12 Jan 1974 how does that affect it?

Agreementbottom.jpg

AgreementMiddle.jpg

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shane5408

shane5408

Posted
Posted
How we all doing?

 

I dont know if anyone has seen my thread http://www.consumeractiongroup.co.uk/forum/mbna/104386-mbna-no-cca-gimme.html

 

Ive had no response to my CCA, cos ive had no agreement, im pursuing the repayment of the PPI, but from the pictures below, you can see i agreed to it :(

 

Now as there is no agreement and as my thread, im taking MBNA to court to reclaim all money paid in interest. For my POC i dont think ill acknowledge this application form, could an expert or experts, just give me all the reasons why this is unenforcable, i know its an application form, but is there anything else? Also it says date of application 12 Jan 1974 how does that affect it?

Agreementbottom.jpg

AgreementMiddle.jpg

 

 

hi wednesday,

 

not sure bout anyone else, but i can't see the pic of the agreement you've posted

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shane5408

shane5408

Posted
Posted
hi wednesday,

 

not sure bout anyone else, but i can't see the pic of the agreement you've posted

 

How bizarre, hit the refresh button and your pics suddenly loaded!

 

At first glance this is an application form , dead giveaway is at the top where it says 'applicants must be...'' though you cannot rely on this alone.

 

on the second pic it also states 'i understand this is an application for a credit card!''

 

s. 127(3) only allows a court to consider giving an enforcement order if the agreement is provided containing ALL the prescribed terms and has been signed by the debtor.

 

Though you've signed it the agreement does not state the credit limit, interest rate, repayments or amount of credit all of which are prescribed terms, hence it is unenforcable.

 

Did they send you any t&c's?

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out of cash

out of cash

Posted
Posted

hi all, barclaycard agreemnt from 1979 ealy 80s?

 

i will give you the tech stuff to see what you make of it it say as at top left side of page in bold text CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

 

this is a 22 year old barclay card agreement. above my sig it says applicants signiture next paragraph above that with the heading in bold text. principal cardholders application.also in the cancellation rights box it says we canot consider your application on this form unless you take it into a barclays branch etc. what do you think desparete for an answer also their recent letter from lawyers refer to it as my application agreement request its like they have an agreement on one side of the form and the app on the other with parts of the agreement embodied in the application or i mean the other way around be greatful for any advice on this as these now mean business:mad: no dates by either sigs and theirs is ilegible?

 

best regards

 

out of cash

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shane5408

shane5408

Posted
Posted
hi all, barclaycard agreemnt from 1979 ealy 80s?

 

i will give you the tech stuff to see what you make of it it say as at top left side of page in bold text CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

 

this is a 22 year old barclay card agreement. above my sig it says applicants signiture next paragraph above that with the heading in bold text. principal cardholders application.also in the cancellation rights box it says we canot consider your application on this form unless you take it into a barclays branch etc. what do you think desparete for an answer also their recent letter from lawyers refer to it as my application agreement request its like they have an agreement on one side of the form and the app on the other with parts of the agreement embodied in the application or i mean the other way around be greatful for any advice on this as these now mean business:mad: no dates by either sigs and theirs is ilegible?

 

best regards

 

out of cash

 

hi out of cash,

 

without seeing a pic of the agreement it is difficult to answer definitively however from what you've said it sounds like it is indeed an application form and not a correctly executed regulated agreement.

 

the consumer credit act is very clear (S.127(3) in that in order for a judge to grant an enforcement order at the very least the agreement must be signed by the debtor and contain all the prescribed terms, them being:

Credit Limit

Interest Rate

Repayments

Amount of Credit

 

If the agreement does not contain these it is unenforcable even in a court and a judge will not be allowed to grant an enforcement order.

 

As i said though, without seeing the agreement it is difficult to give a definitive answer.

 

regards,

shane

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FANTASY CHARGES

FANTASY CHARGES

Posted
Posted
hi all, barclaycard agreemnt from 1979 ealy 80s?

 

i will give you the tech stuff to see what you make of it it say as at top left side of page in bold text CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974.

 

this is a 22 year old barclay card agreement. above my sig it says applicants signiture next paragraph above that with the heading in bold text. principal cardholders application.also in the cancellation rights box it says we canot consider your application on this form unless you take it into a barclays branch etc. what do you think desparete for an answer also their recent letter from lawyers refer to it as my application agreement request its like they have an agreement on one side of the form and the app on the other with parts of the agreement embodied in the application or i mean the other way around be greatful for any advice on this as these now mean business:mad: no dates by either sigs and theirs is ilegible?

 

best regards

 

out of cash

 

HAVE THEY HAD A PREMONITION and mentioned the 1984 data protection act ...... oops that'll appaer soon .....

 

good old cut & paste !!!

:cool: sunbathing in juan les pins de temps en temps

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maybelline

maybelline

Posted
Posted

is there something about Statutory Instruments when it comes to prescribed terms?? not sure what this is anyway.

'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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Vulture_Bank

Vulture_Bank

Posted
Posted

:lol:

May I be so bold as to suggest that these accounts are not in fact even registered with the relevant credit reference agencies.

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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shane5408

shane5408

Posted
Posted
is there something about Statutory Instruments when it comes to prescribed terms?? not sure what this is anyway.

 

 

hi maybeline,

 

are u referring to the duty of the creditor to supply a copy of the agreement and that in providing just that,a copy certain info like signatures etc can be missing.

 

This is true but only in the motion of providing a copy, should the creditor wish to try and enforce the agreement they would have to provide one with all the prescribed terms to get a judge to give an enforcement order, if they can't then no chance!

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out of cash

out of cash

Posted
Posted

hi shane and everyone else,

 

please find attached my 20 year plus barclaycard agreement which they are now ready to go to court with any help and advice on this will be most appreciated as this has me a bit concerned and thats an understatement

 

best regards

 

out of cash

barclaycardcca.jpg

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wednesday1867

wednesday1867

Posted
Posted
Did they send you any t&c's?

 

 

Thanks for the interest Shane.

 

No they didnt send any terms and conditions. This was sent as proof of my acceptance of PPI. I have CCA'd MBNA and have had nothing from them, their initial response was that the account was originally HBOS and i should contact them for the Agreement/Application.

 

Thinking about it, that application is obviously MBNA's, so they lied to me when they said it was opened with HBOS?

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shane5408

shane5408

Posted
Posted
hi all can anyone confirm if this is enforceable agreement?

 

regards

 

out of cash

 

 

difficult to read it but looks like the prescribed terms are not stated. is there more info on the back of the page or any other pages?

 

Under section 127(3) of the Consumer credit act the judge is precluded from making an enforcement order unless the agreement contains all the prescribed terms and is signed by the debtor. the prescribed terms being, Credit Limit, Interest Rate, Repayments and ammount of Credit. If these do not appear on the agreement then the judge cannot grant an enforcement order.

 

Did the send you any terms and conditions?

 

edit: on the left there is a heading that i think says, ''under the terms of this agreement as set out overleaf' is this correct? If so we will need to see that page and any others they sent you in ref to the agreement

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FANTASY CHARGES

FANTASY CHARGES

Posted
Posted
difficult to read it but looks like the prescribed terms are not stated. is there more info on the back of the page or any other pages?

 

Under section 127(3) of the Consumer credit act the judge is precluded from making an enforcement order unless the agreement contains all the prescribed terms and is signed by the debtor. the prescribed terms being, Credit Limit, Interest Rate, Repayments and ammount of Credit. If these do not appear on the agreement then the judge cannot grant an enforcement order.

 

Did the send you any terms and conditions?

 

edit: on the left there is a heading that i think says, ''under the terms of this agreement as set out overleaf' is this correct? If so we will need to see that page and any others they sent you in ref to the agreement

 

 

imagine you had the job of scanning -- well feeding the documents into an image scanner and you asked your boss should i scan the back

 

 

no you fool it will take up double space "are you thick" would be the answer they are all the same !!!

 

so they haven't got any

 

anyway say to them obviously they are on the back of the application form or whatever so when you [barclays ] bring the real thing to court it will be of course on the back !!!

:cool: sunbathing in juan les pins de temps en temps

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Peterbard

Peterbard

Posted
Posted
imagine you had the job of scanning -- well feeding the documents into an image scanner and you asked your boss should i scan the back

 

 

no you fool it will take up double space "are you thick" would be the answer they are all the same !!!

 

so they haven't got any

 

anyway say to them obviously they are on the back of the application form or whatever so when you [barclays ] bring the real thing to court it will be of course on the back !!!

 

YOu are entitled to see any informationmentioned in the agrement so if it says refer to info on the back that infor should have been sent with your section 78 request so they are still in default.

As per cancellation rights can you tell me when this was executed. I have seen a few of these now with the nonsense about requiring you to order a new form if it is cancellable. It is their responsibility to provide the correct form not yours if it is cancelable it is canceellable no mater what form the send.

 

regards

Pete

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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pecky1

pecky1

Posted
Posted

Just a Quick one Have a Credit agreement with Home Shopping took out in 2005, with PPI, Then six months later cancelled the PPI, Should a new agreement have been sent as the agreement still has all the details of the PPI on it so all the calculations are wrong all we had was a letter telling us what the new balance remaining was,:p

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shane5408

shane5408

Posted
Posted
YOu are entitled to see any informationmentioned in the agrement so if it says refer to info on the back that infor should have been sent with your section 78 request so they are still in default.

As per cancellation rights can you tell me when this was executed. I have seen a few of these now with the nonsense about requiring you to order a new form if it is cancellable. It is their responsibility to provide the correct form not yours if it is cancelable it is canceellable no mater what form the send.

 

regards

Pete

 

 

Hi Peter,

 

a lot of the agreements recently mentioned are from early 1980's, I'm not sure when the credit reference agecies came into existence was it before this time and if not what are the implications with regards to data sharing?

 

regards,

shane

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shane5408

shane5408

Posted
Posted
The CRAs were up and running long before the 1980s.

 

 

thanks for clarifying, seeing i was only born in 85 unfortunately my wisdom doesn't go back that far!

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