Cap1 & CCA return

[Desperate Daniella]

I'd be grateful to know if anyone thinks my 'agreement' is enforceable. I haven't got a scanner but have typed it up on my thread

 

Lombard Direct (RBS) Unenforceable Agreement?

 

There are no prescribed terms at all, but I have signed it.

 

Thank you.

 

DD

[Desperate Daniella]

Sorry I don't think my link works. Trying again

 

Lombard Direct (RBS) Unenforceable Agreement

 

DD

[Desperate Daniella]

Hi Sanrhythm,

 

I've just checked your thread, and you have had over 100 views, but the reason no-one has replied is that you are just saying what you think of the card companies, and you are not asking specific questions.

 

You need to go back to your thread, and post exactly the questions you need help with and then it will go to the top of the new posts. I'll keep an eye out for you and bump it if no-one comes back by this time tomorrow.

 

DD

[Desperate Daniella]

Well the champagne will be flowing freely at their next Christmas party, courtesy of Capital One alone.

 

Holley, go to Sunflower99's thread Just Recieved A Signed Capital One Agreement Loads of caponers are on there and you can see what to expect, and it's all going to be computer-generated rubbish regardless of what you say/ask, so I have just complained to FOS.

 

DD

[Desperate Daniella]

Hi Peter,

 

I joined in December and reading your posts has given me so much information and help.

 

Thank you.

 

Daniella

[Desperate Daniella]

Hi,

 

I got an email alert I think about this thread which I accidentally deleted. I think it said the four corners were a judge's remarks, but surely they constitute a House of Lords' Authority? Lord Justice Tuckey made the statement, and the other two judges agreed with him.

 

DD

[Desperate Daniella]

Fantastic, Milly.

 

And how nice that the professor is going to take the time to reply.

 

DD

[Desperate Daniella]

Milly,

 

Tried to rep you too, but have to do some others first!!!!

[Desperate Daniella]

Milly,

 

You are a megastar.

 

DD

[Desperate Daniella]

Milly, I'm upset for you too. I've pm'd you.

 

DDxx

[Desperate Daniella]

I am the owner of an egroup which has been running for three years now - nothing to do with anything like this. We just don't ever criticize anyone, or imply that someone isn't as knowledgeable as someone else. If we have a different opinion we can say it without putting someone else down. Even if we "know better", we would never say that - we just approach things more gently.

 

Most of us on CAG (apart from visitors from DCAs, or people who want to find a quick way to avoid their commitments when they could afford to do so) have something to contribute here.

 

Let's remember that and be polite at all times.

 

DD

[Desperate Daniella]

Ooops, forgot those.

 

DD

[Desperate Daniella]

Hi Babydoll,

 

You might want to write to the people whose info they sent you too.

 

DD

[Desperate Daniella]

whu1,

 

ODC is almost certainly right - It's bound to say MAY and IF.

 

Have you joined the Official Capone Fan Club - Sunflower99's thread? Just Recieved A Signed Capital One Agreement Do subscribe. We are all ignoring them. (Actually we did try and arrange a day trip to Nottingham to see our agreements, and everyone wanted to bring wine, scones with clotted cream, even champagne when they couldn't produce the agreements, but Ellie just won't arrange a date. )

 

DD

[Desperate Daniella]

Hi Magda,

 

Could I just ask if you had to pay a fee to the Court to get them to order the Standard Disclosure?

 

Thank you.

 

DD

[Desperate Daniella]

Thanks, Magda.

 

I called the Court this morning for an update on a letter I had sent asking for the Claim to be struck out because the other side had not complied with Standard Disclosure (which obviously affected inspection), and apparently they had sent a letter telling me I had to put in an application with £75. I said I couldn't afford it, and then I received a letter from the other side trying to avoid providing the documents I have asked for, so I have just started to write to the Court again asking them to please make an order for the other side to provide their SD form and also the relevant documents.

 

In view of what you have said I'm wondering if that is the right way to phrase it? Maybe I should just ask for further Directions in this matter as you did?

 

Daniella

[Desperate Daniella]

Thank you so much, Magda.

 

I'll word it as you have suggested, and tip your scales.

 

Daniella

[Desperate Daniella]

Hi,

 

I'm not certain about this either. I've seen something on another thread which says that even if the debt is unenforceable because the agreement was wrongly worded the debt itself still remains. However, if they can't find an agreement to prove what we originally signed up for how can any such debt be calculated, or proved to have been calculated accurately?

 

DD

[Desperate Daniella]

I'm intrigued too!! I keep asking the card companies/DCAs how I can be sure that I haven't been overpaying for years if I can't see the original document and they can't answer of course.

 

Vint's idea about asking to see the document giving permission to report to the CRAs is brilliant.

[Desperate Daniella]

Hi Pedross,

 

This is a very good point. Have you started a specific thread on this?

 

DD

[Desperate Daniella]

Hope,

 

Firstly you need to start a different thread for each agreement. Make sure you put the name of the bank/card company in the title and this will alert others with the same companies and you'll be able to share info and see where everyone else has got to. You can post up your agreement and we can have a look to see if we have got the same one and can help you.

 

I have absolutely no idea why Howard Cohen would send the N61 to the Council Office and Revenue Services. This is, I think, the form for an attachment of earnings after a judgment has been made (?) but if you have not received any court documents I don't know what they are playing at. I am not too up on data protection but would think they must be in breach of it, and of course they have caused you embarrassment which is against OFT guidelines.

 

I'm sure someone more experienced than me will come along and tell you what letter to write. Did they send covering letters to the IR/Council?

 

DD

[Desperate Daniella]

Hope,

 

Which four card companies are they?

 

DD

[Desperate Daniella]

Hi Vint,

 

Is cutting and pasting with bits of the agreement missing fraud?

 

DD

[Desperate Daniella]

I'll have a look later but I'm sure it says, here is a copy of your agreement.

 

I'm referring to the MSDW application forms. Every one I have seen has Q4 missing, and in my case two questions are missing that are on an "almost" identical form signed by another cagger on the very same day.

 

The layout depends on how many questions you have got.

 

In my case 1,2 and 3 are underneath each in the first column. Then in the righthand column, it starts from the top but is actually Q5. No Q4. I expect they think people won't notice.

 

Then under that I get Qs 6,7 and 8, and my signature is Q9.

 

His is pasted differently because he gets two more questions about PPI, so his signature is Q11. I didn't take PPI and he did.

 

Last time I got it back from a DCA I couldn't bother to write to them the third, fourth/fifth, whatever time, pointing all this out, so I just scribbled down the side of the photocopy: Where is Question 4, and Where are Questions 10 and 11?

 

Haven't heard back.

 

DD

[Desperate Daniella]

For Pedross:

 

I did a poem yesterday

And you’ve done one today,

We could start a new thread

Keep CAG out the red

If we publish and make people pay!

We could write a collection -

No agent’s rejection! -

And then non-Caggers would see

That we really can help

Make DCAs yelp

And we don’t even charge a fee.

So now is the time

To pen your own rhyme

About AIC, Wescot, and more.

The names we know well,

But our rights we can tell,

And we know how to show them door.

Shall we start a Poetry thread?