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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Arnold Clark - Failure to repair damage to infotainment screen

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      good idea take some pix and put them in a PDF read UPLOAD dx
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      IDRWW/J&P - Emirates (HSBC) loan/Card

      By dx100uk · Posted

      thread title updated moved to overseas debt forum. sadly as they are outside any UK jurisdiction upon DCA rules which state in the UK they must not call employers, there not alot you can do to stop these scammers. make sure you totally make private ALL social media twitter/facebook/linked in etc etc as there no-way for them to findout where you work otherwise so you must have a leak somewhere. find it. your employer details arent even legally available to UK DCA's so how have they found it out to date???  simply write to the BANK informing them of your correct and current address ALWAYS!!. if you want to arrange payment or not TO THE BANK ONLY thats upto you. never ever ignore a Statutory Demand a Letter Of Claim a Court Claimform. if if if any of those ever happen. till then ignore and rewash. dx    
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      Lowell/Overdales Claimform - old HSBC Credit Card Debt

      By dx100uk · Posted

      Date of issue –   13 may 2024 AOS date 31st may defence filing date 14th june plenty of lowell card claimform threads here use our enhanced google searchbox Lowell card claimform id be reading at least 5-10 threads a day. do NOT MISS your defence filing whatever happens.  
    • Easywayout
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 
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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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the main man

the main man

Posted
Posted

Hi everyone,

would appreciate anyones views on the reply to my CCA request these were the only two docs sent, but have a feeling it is valid:(

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/Applicationform.jpg

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/CCF27042007_00000.jpg

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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davefirewalker

davefirewalker

Posted
Posted
Hi everyone,

would appreciate anyones views on the reply to my CCA request these were the only two docs sent, but have a feeling it is valid:(

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/Applicationform.jpg

 

http://i172.photobucket.com/albums/w9/Themainman_bucket/CCF27042007_00000.jpg

 

By rights they must supply you with a statement of account as well....but I'm sure they could knock one up easilly enough

Dont really know abouth the docs though....

 

two sigs

financial stuff

interest

rights to cancel

 

 

I'll have another look but it doesnt look promising.

 

On the plus side it does say it is an application.....

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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un1boy

un1boy

Posted
Posted
Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

 

Not just the ones from that year - they have to send the ACTUAL T&C's that were attached to the agreement you signed AT THE TIME.....

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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the main man

the main man

Posted
Posted

Re: Consumer Credit Act Agreements

Quote:

Originally Posted by the main man viewpost.gif

Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

 

Not just the ones from that year - they have to send the ACTUAL T&C's that were attached to the agreement you signed AT THE TIME.....

 

I was only asking because surely to make a valid agreement T&C should be part of an agreement? actually on the docs! Sorry not really familiar with CCA

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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davefirewalker

davefirewalker

Posted
Posted

well it has to be a part of the document.......but a document can run to many pages. or it has to be referred to in the document (I think)

 

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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Cornucopia

Cornucopia

Posted
Posted
Just got in from work and MBNA have made my day with the sorry excuse for a credit agreement they sent me. It's an application form with not one single prescribed term on it.

 

Their accompanying letter says "We trust that now we have fully complied with your request under Section 78 of the CCA 1974 a suitable proposal for payment will be made".

 

How funny is that? :-D

 

Ian, argue this with MBNA and see what they come up with. Please PM me for info. It could be important.

 

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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the main man

the main man

Posted
Posted

Re: Consumer Credit Act Agreements

Quote:

Originally Posted by the main man viewpost.gif

Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

 

Not just the ones from that year - they have to send the ACTUAL T&C's that were attached to the agreement you signed AT THE TIME.....

 

So it looks like they haven't complied with CCA request? Just one more question( I promise!) where it says Your Right To Cancel, you have a short time a right to cancel it and this will be sent to you by post. does this also come in with docs that are supposed to be sent?

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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Cornucopia

Cornucopia

Posted
Posted
Re: Consumer Credit Act Agreements

Quote:

Originally Posted by the main man viewpost.gif

Thanks for having a look,

Was really surprised at the fast response to the CCA (3 days!)do they have to send the applicable T&C for the year it was taken out?

 

Not just the ones from that year - they have to send the ACTUAL T&C's that were attached to the agreement you signed AT THE TIME.....

 

So it looks like they haven't complied with CCA request? Just one more question( I promise!) where it says Your Right To Cancel, you have a short time a right to cancel it and this will be sent to you by post. does this also come in with docs that are supposed to be sent?

 

Main Man!! Go see the answers to your other questions Mr, surfing, how dare you!!! :D

 

If you are referring to SAR, yes, this should be included as should ANYTHING else..............

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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davefirewalker

davefirewalker

Posted
Posted

gosh he's right corn.....

** 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!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Cornucopia

Cornucopia

Posted
Posted
gosh he's right corn.....

 

So it seems, but please PM me with anomalies Main Man.........I need the info!!;)

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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Perseus

Perseus

Posted
Posted
Hi pers

its hard to know where to start here

I know S.A.R - (Subject Access Request) is not full but have you had all your statements? about 80%. 10% before, not much chances of any charges there. Last 10% between the last statement and account closure, possible charges - I think I've got pretty much most of the charges statements anyway.

have you claimed the charges yet? Not yet, wondered if it's worth combining with the CCA complaint/default removal etc.

 

how long have they had the CCA? Same time as the SAR request 12th March. I wrote again 17th April warning of the non compliance, expiry for 12 working up on 27th March-offence on 26th April. Also mentioned the default, and seeking restitution of interest paid under an unenforceable agreement. I laid into them a bit :o

 

basically the CCA would be my prime target. If they cant show an agreement you can kiss goodbye to the default. no agreement ...no default

 

I would concentrate on the charges and cca and when they pay you the charges back, if the agreement is anyway no good and uneforceable or improperly executed there is a chance that you can claim back any interest you've ever paid to them.

 

Dave

I think I'll draft something up, and post for comments if that's ok...

Thanks

Pers

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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Smoothy

Smoothy

Posted
Posted

DirtyHarry1959, It may appear Illegal in your and our eyes, but a judge would require proof of the alleged illegal activities. Which is where the sec77,78 requests come into it.

Have a look at some letter templates here and see what info you can glean.

They have a statutory requirement to comply with correctly formatted requests which is probably why theyre still persuing you.

If you send a CCA request to any of these companies, chances are theyll do one of 2 things. Either write back acknowledging your letter but they cannot deal with your request so theyve handed the file back to the originator or theyll send you a piece of paper which they believe satisfies your request fully but in reality is little more than a waste of paper.

 

More often than not I have found that a number of dca's are just trying their hand and seeing if youd pay up without objection.

 

Smoothy

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FAQ's and when your ready, start a thread in your banks forum to keep us all updated!

If the information I have provided is useful, please click the scales!

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ian1969uk

ian1969uk

Posted
Posted

After Capital One sent me the new style credit agreement in response to my S78 request, I wrote and told them this wasn't acceptable and hadn't complied with my request.

 

This morning they have sent me what they reckon is my credit agreement. It's one sheet, headed Application Form, and literally ALL that's on it is my name and address, and a signature box with some blurb about agreeing to terms and conditions IF my application is successful.

 

No interest rate, credit limit, repayments, in fact no prescribed terms whatsoever....laughable.

 

The scary thing is, though, when I showed it to my wife she said well that's it, we'll have to pay them. This is exactly what they rely on, for every person on here that knows it's worthless, there will be 100 who will be taken in by what they say.

 

It's completely wrong.

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tamadus

tamadus

Posted
  • Author
Posted
After Capital One sent me the new style credit agreement in response to my S78 request, I wrote and told them this wasn't acceptable and hadn't complied with my request.

 

This morning they have sent me what they reckon is my credit agreement. It's one sheet, headed Application Form, and literally ALL that's on it is my name and address, and a signature box with some blurb about agreeing to terms and conditions IF my application is successful.

 

No interest rate, credit limit, repayments, in fact no prescribed terms whatsoever....laughable.

 

The scary thing is, though, when I showed it to my wife she said well that's it, we'll have to pay them. This is exactly what they rely on, for every person on here that knows it's worthless, there will be 100 who will be taken in by what they say.

 

It's completely wrong.

 

 

OOOO yet another 'agreement' that fails to make the grade by the sound of it.

 

Unfortunately your right in that most people will accept it as an agreement, exactly as your wife did. The good thing is you know it's not an agreement and your in the right place to get the information to argue the case with them.

 

Hopefully we will soon be in a position to alert more people to unenforceable agreements as the news spreads.

 

All of these companies are worried about the floodgates opening on them. They dont even realise yet how big that flood could be :rolleyes:

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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Cornucopia

Cornucopia

Posted
Posted
After Capital One sent me the new style credit agreement in response to my S78 request, I wrote and told them this wasn't acceptable and hadn't complied with my request.

 

This morning they have sent me what they reckon is my credit agreement. It's one sheet, headed Application Form, and literally ALL that's on it is my name and address, and a signature box with some blurb about agreeing to terms and conditions IF my application is successful.

 

No interest rate, credit limit, repayments, in fact no prescribed terms whatsoever....laughable.

 

The scary thing is, though, when I showed it to my wife she said well that's it, we'll have to pay them. This is exactly what they rely on, for every person on here that knows it's worthless, there will be 100 who will be taken in by what they say.

 

It's completely wrong.

 

Ian, am (currently) sober, and have PM'd you. I know what it was now, so am going to PM again regarding your MBNA "application". How embarassing!!:o

 

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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pford

pford

Posted
Posted

Just had another letter of the Halifax this bit stood out a mile

 

 

Whilst I appreciate your situation we can enforce repayment of this debt under Crimanal Justification as spending on the account you have automatically agreed to the terms and conditions of the account and therefore remain liable for the above balance and can be continually pursued as such by our recovery Agents Blair Oliver Scott.

 

erm seems they think its a crimanal matter now:sad:

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Cornucopia

Cornucopia

Posted
Posted
Just had another letter of the Halifax this bit stood out a mile

 

 

 

 

erm seems they think its a crimanal matter now:sad:

 

Good GOD, this is outrageous! It is not a criminal matter and this appears to me to be an abuse of process. Are they accusing you of theft in not so many words? That's rich!:eek:

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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pford

pford

Posted
Posted
Good GOD, this is outrageous! It is not a criminal matter and this appears to me to be an abuse of process. Are they accusing you of theft in not so many words? That's rich!:eek:

 

 

Think they are but then this will bring the DPA into affect discolser of persional information relating to an alleged criminal act. Para before this one read

 

I understand that you remain unhappy with the service you have received from Halifax Plc and Blair Oliver Scott, as you belive that as we are unable to provide you with a copy of the original signed agreemant you cannot be proven liable for the oustanding debt currently of £*****.

 

Damm right I am still unhappy thats twice they have admited that they can't provide it. Got this of them in January as well.

 

I refer to your recent communication and enclose a copy of your statements.

 

Unfortunately, we are unable to retrive your original agreement.

 

the £1 for the copy application has been credited back to your account and will show on your next statement.

 

I hope this meets with your requirements.

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pford

pford

Posted
Posted
Not only are they in breach of the Act but they have admitted they don't have a copy of the original agreement so they can't enforce it anyway.

 

Ye i know :D but trying telling them that will fire a responce of to them and remind them of their legal duties. Any advice on content of letter much aprecated.

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adarling2006

adarling2006

Posted
Posted

this might not be revelant here, but i had asked for my agreement from black horse, which they duly sent out with the terms and conditions, i've been looking over it again and i've only just noticed the PPI and that there isn't any way of me cancelling it when i had signed the loan, what can i do about it? Have they mis sold the PPI and how does it affect the agreement?

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Sparkie1723

Sparkie1723

Posted
Posted

Is the PPI separately calculated does it say for example .something like this?

 

A Amount of loan £xxxxxx interest @ xx% APR .....Monthly payment £xxxx

B Total repayable Loan £ xxxx Interest £xxxxx £xxxxx

 

C PPI £xxxxx ...interest @ xxAPR Monthly payment £xxxx

D Total repayable £xxxx

 

Total Repayable B + D .......................................£xxxxxxxx

 

If it is split like this they are two seperate agreements and you can cancel the PPI.

 

sparkie1723

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