Cap1 & CCA return

[Mike220359]

Looks like the genuine thing, except i can't see Barclays having signed it. If they haven't, then its improperly executed and only a court can enforce it (they are likely to if everything else is OK).

 

Never pre-empt what a court may do, if that were the case why don't they enforce more often?

 

Mike

[Peterbard]

Hi

 

Sorry to be a pain but it is quite important did you send the agreement back or did you take it into your bank and discuss it face to face before signing. It is just that i cannot see any cancellation details but i need to know whether it was cancelable or a distance contract to know what to look for.

 

Peter

Hi Davey 77

Sorry for the delay, i cannot find any major problems i am afraid, their are one or two errors in the documents form and content but nothing that i can see that would make the agreement unenforceable.

 

Sorry

 

Peter

[davey77]

Thanks Peterbard. That's ok. Not a great surprise. My suspicions have been confirmed.

Thank you for looking at it for me though - cheers, D

[stebiz]

I wouldn't have thought they could enforce that. It's impossible to see if the prescribed terms are there and any copy they provide must be legible anyway. That isn't.

 

Thanks Ian. I agree

 

Stebiz

[Tigs33]

Just received a court claim from CL finance in relation to my "debt" thread is found here,

 

 

http://www.consumeractiongroup.co.uk/forum/general-debt/82935-help-cl-finance-court.html#post741271

 

I would appreciate it if somebody could help me.

[emmaf01]

I have received a response to my letter to the SLC regarding suspected fraud regarding my CCA.

It is in full in Emma vs Student Loans Company, if anyone to take a look.

[maybelline]

Hi Peter, I pm'd you, what do you thinnk?

sorry didnt spot the 'brain reboot'

[ladybird17]

Peter - can you clear some space in you PM box please???

[ian1969uk]

Had a bit of fun with MBNA/A&L this morning. They sent me a letter saying if I didn't make payment within 7 days they'd commence legal proceedings. I phoned them and listed all of their breaqches:

 

Constant harassment even though account in dispute.

No response to credit agreement request, they have now committed a criminal offence.

Adding interest and charges whilst account in dispute.

Delay in providing statements leading to a complaint to the ICO.

 

The staff member had to clue re: any of this and the implications of it leading to him asking a million questions. The stating he'd have to pass it to a manager as this was all beyond him.

 

I said to feel free to do this and to tell the manager to go ahead and file in court because I'd like to see what a judge made of a counterclaim for default on Section 85. Well, this threw him completely.

 

He apologised for the letter they sent and said they'd be back in touch soon!

[TANZARELLI]

Had a bit of fun with MBNA/A&L this morning. They sent me a letter saying if I didn't make payment within 7 days they'd commence legal proceedings. I phoned them and listed all of their breaqches:

 

Constant harassment even though account in dispute.

No response to credit agreement request, they have now committed a criminal offence.

Adding interest and charges whilst account in dispute.

Delay in providing statements leading to a complaint to the ICO.

 

The staff member had to clue re: any of this and the implications of it leading to him asking a million questions. The stating he'd have to pass it to a manager as this was all beyond him.

 

I said to feel free to do this and to tell the manager to go ahead and file in court because I'd like to see what a judge made of a counterclaim for default on Section 85. Well, this threw him completely.

 

He apologised for the letter they sent and said they'd be back in touch soon!

 

lol

 

Nice one, I had a good old chat with a cap one member of staff yesterday and blew his head a bit. You sort of feel sorry for them (NOT!!!!!).

 

Tanz

[ladybird17]

Ian - sounds an exact replica of my situation, and of my conversation with them yesterday. (My letter was signed by Dee Dillistone - Head of Pre-Litigation, strange because on Thursday's letter she was Head of Customer Service).Maybe it was the same guy we both spoke to - he must be thinking stacking supermarket shelves on the night shift is looking like a good option!

[joneshousehold]

lol

 

Nice one, I had a good old chat with a cap one member of staff yesterday and blew his head a bit. You sort of feel sorry for them (NOT!!!!!).

 

Tanz

 

How come you all get the ones you can talk to? I seem to always get the rude agressive young blokes who tell me I'm wrong - that's it, no explanation, no legislation, no courtesy and no clue! If I had a pound for every time I have been told they have not breached any harrassment legislation I would be very rich indeed!

 

I think I need to head for the Bah Humbug thread...

[Guest Battleaxe]

Chester Towers and Nottingham Hall are really in a dither about Section 85. I wonder how many claims they have now. I am so glad I was the first person to upset their little apple carts with this gem. I can't wait to get to court for my hearing. This time I am not settleing out of court, nothing to lose and a lot to gain because being mean I am claiming CI on all three accounts as well the Section 85 interest.

 

MBNA have tried to say I am wrong, but they are yet to come up with the section of the Act which says we are wrong. Generic mailers no longer cut it. No executed agreement, where do they go from here?

[joneshousehold]

Do you have any dates for hearings yet BA? I have a vague recollection you talked about an N1 but I can't remember if that had gone in yet.

 

Hey we've got the list of people viewing the thread back!

[Guest Battleaxe]

I am assuming late May for mine, but I have been asked to plead section 85 on the 9 May for another CAGger. The Judge specifically asked me to plead her case when the directions was held.

[elizabeth1]

BA - this hearing sure will be interesting!!!

 

Ian - I bet you can't wait for their next letter!!! Nice for us to wrap them in circles isn't it? you "spot of bother" today made me laugh!!

[un1boy]

Chester Towers and Nottingham Hall are really in a dither about Section 85. I wonder how many claims they have now. I am so glad I was the first person to upset their little apple carts with this gem. I can't wait to get to court for my hearing. This time I am not settleing out of court, nothing to lose and a lot to gain because being mean I am claiming CI on all three accounts as well the Section 85 interest.

 

MBNA have tried to say I am wrong, but they are yet to come up with the section of the Act which says we are wrong. Generic mailers no longer cut it. No executed agreement, where do they go from here?

 

BA, by claiming CI, what is the balance of your claims?

[tamadus]

BA - this hearing sure will be interesting!!!

 

Ian - I bet you can't wait for their next letter!!! Nice for us to wrap them in circles isn't it? you "spot of bother" today made me laugh!!

 

We have a few interesting hearings coming up in the near future

 

BA your getting too good when Judges ask you to plead a claimants case do I detect a legal career in the making

[joneshousehold]

I told a caller from Capital One today that the constant calls were harrassment. She said I was talking gibberish. When I told her I was recording the call and wanted a note of her name, rather surprisingly she refused to give it!

 

Another call added to my 13 page log!

[ladybird17]

Have you seen the news about the woman who's taking Halifax to court for harassment?

[un1boy]

Have you seen the news about the woman who's taking Halifax to court for harassment?

 

Hi Ladybird.

 

No, I have not seen this....

[elsinore]

Thanks ladybird, that makes very enjoyable reading!

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/83246-well-well-halifax-court.html

 

Els

[tamadus]

Thanks ladybird, that makes very enjoyable reading!

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/83246-well-well-halifax-court.html

 

Els

 

Very nice we are going to have to keep an eye on that case

[angry cat]

Had a bit of fun with MBNA/A&L this morning. They sent me a letter saying if I didn't make payment within 7 days they'd commence legal proceedings. I phoned them and listed all of their breaqches:

 

Constant harassment even though account in dispute.

No response to credit agreement request, they have now committed a criminal offence.

Adding interest and charges whilst account in dispute.

Delay in providing statements leading to a complaint to the ICO.

 

The staff member had to clue re: any of this and the implications of it leading to him asking a million questions. The stating he'd have to pass it to a manager as this was all beyond him.

 

I said to feel free to do this and to tell the manager to go ahead and file in court because I'd like to see what a judge made of a counterclaim for default on Section 85. Well, this threw him completely.

 

He apologised for the letter they sent and said they'd be back in touch soon!

 

I am in a similar position!!!

However, my position seems to be a stand off...MBNA are ignoring me.

However, I have reported them TS.

 

I wonder if they will be in touch with you soon?

 

AC

[un1boy]

I am in a similar position!!!

However, my position seems to be a stand off...MBNA are ignoring me.

However, I have reported them TS.

 

I wonder if they will be in touch soon?

 

AC

 

TS probably won't - they don't do anything!