Cap1 & CCA return

[diddydicky]

What does doing that serve? What if you still have your own copies and what the bank presnt looks markedly different? How would they explain that away?

 

they wouldnt if it was materially different and we are all hoping that what you suggest actually happens soon for the benefit of us all

 

shakespear62 is in the middle of (hopefully) proving an amex agreement to be a fraud as we speak

[diddydicky]

Would anyone care to make an assessment on the validity of this agreement for someone on another thread please.

http://i977.photobucket.com/albums/ae255/Daisellar/CCATBI.jpg

 

i would take your address out if i were you

[diddydicky]

clever (hope there is no one living there then:D)

[diddydicky]

at the moment the courts decision making process is predicated upon the fact that these are national/international institutions and could not possibly be wrong or have not followed the correct procedures- let alone falsify anything

 

unless and until someone (hopefully shakespeare62) proves a case where this is not so and opens the floodgates- this is the situation we have to deal with

 

shakespeare62 is fighting such a battle, why not go over to his thread and donate to help him with the costs of the expert he needs to prove his document has been tampered with

[diddydicky]

Diddydicky, the poster has apparently doctored their address so just looking if the agreement is ok.

 

I obviously missed the chance at the time to say that creditors are not the only ones who can reconstitute agreements.

 

From the lack of any comments other than from Diddydicky, can I take it that the agreement is valid?

 

sorry- if the figures are correct then it looks like a sound agreement to me

[diddydicky]

I am sayning that the creditor can terminate the agreemnt any time he wants.

 

There is nothing unlawful about it.

 

 

with respect - Ballcocks (IMO)

Edited February 16, 2010 by diddydicky

[diddydicky]

[diddydicky]

Hi

 

True nevertheless

 

Not saying he can demand his money back but if it is a credit card he can stop giving you any more ,which is fair enough if you think about it.

 

Peter

 

well yes i don't dispute that- almost every credit card contains a clause which allows the lender to restrict the use of the card or reduce the limit

 

 

this has nothing to do with terminating the agreement

 

and is a totally different kettle of fish from saying that no termination is ever unlawful

[diddydicky]

Hi Peter, unfortunately you are right, it is happening more and more as we can see from many of the cases on this forum.

 

In my case, with the Cabot claim, it is just an application form and when it was signed, the prescribed terms were nowhere in sight. As you mention though, they will argue it was all part of the same document.

 

It's still the case, from my experience, that the judges are only too ready to believe everything the creditor says, and most of the time they are lying through their teeth.

 

Still, going to fight this one to the end and see what happens.

 

regards, Magda

 

and on the bright side.......nothing like a defective DN from that lender to disprove that theory to the judge

[diddydicky]

i suggest that you do absolutely NOTHING with regard to making offers UNTILl you have the CCA

 

creditors are business people- they don't normally sell debts that are sound for 10-15p ion the pound which is what they will sell it for

[diddydicky]

but doddery i'm not!!

[diddydicky]

what, sorry i cant remember, what did you say? who are you?

 

tablets tablets, where's me tablets;)

[diddydicky]

i have just discovered that my agreement was subject to a commission being paid to the amount of £999.91 to a broker. is it legal ???

 

cab

 

not if you were not made aware of it , no

[diddydicky]

no i was'nt DD. "another nail in the coffin" i presume

 

cab

 

but corrected by PT!!

[diddydicky]

how have i lost you now?

 

If you go to a broker, he doesnt work for free does he?

 

hes a right to be expecting to be paid by someone?

 

or do you think that brokers work for free?

 

you see, the brokers duty of care only works when he is employed and thus paid by you to find you the best loan, if you dont pay the broker, then you can hardly complain he received payment from the lender can you

 

go read Imageview Management V Kelvin Jack and you will see the issues

 

i hope thats not the same SOB useless goalkeeper Kelvin Jack that we had at our football club for 2 years and did sod all!!

[diddydicky]

I think people are getting all het up about the Manchester ruling. This was creditors ducking and diving about s78, continuing to be able to "enforce" etc.

 

As far as I am aware they still need the ORIGINAL to win in court and force you to pay up. If people think I am mistaken then can they please give examples of where the creditor has won in court with no agreement to back up their claim?

 

BD

 

there's on in the scottish courts mentioned on another thread but cant put my finger on it at the moment

[diddydicky]

Another QC for the Bank comes from a fabulous Chambers with over 20 QCs in the set.

 

you could'nt get there phone numbers by any chance.

 

cab

 

i think most of us know who they are

[diddydicky]

Being a cynical bug*er, I think the CMC's and their legal representatives are not prepared to fight as they potrayed initially. They were being rewarded by success fees that were being paid by the banks and the CC companies on the easier cases. Now it is becoming tougher and as more and more of the finance companies fight back, it appears CMC's are changing their tactics. Mine, I believe, is looking at the prospect of negotiating with the banks etc for settlements between 15-25% and charge a fee to their clients on the savings made. Certainly quicker and alot of money to be earned. Rather than wait to receive the monies over 5 years (as they will under an IVA) the banks and credit card companies will get some of their money, the CMC's and solicitors get their pound of flesh and we will save about 50-60% of our debt but our credit files will be marked accordingly. The Government (I believe) will be supportive of this because we will all be better off eventually and the economy will improve for most.

Like I said, I am a cynical bug*er

 

SHB

 

try being less cynical and more factual

 

there is only ONE reason the CMC's are backing out- and that is because when they set up these companies to con people out of 4-500 quid they thought it was going to be "money for old rope"

 

faced with the possibility that they might have to make some expenditure and actually fight the credit card companies - possibly incurring a loss in the process- they are just looking for a bail out

[diddydicky]

it was tongue in cheek- i thought your point was valid

[diddydicky]

no, this refers (as it says in the first two lines of text on both documents, to what the creditor may provide in response to a s77/79 request

 

which it totally different from enforcing the agreement in court

 

notwithstanding which -i doubt that there is any need for bankruptcy or IVA but start a new thread and tell us your probs and we will try to help you

 

remember its always darkest just before dawn!

[diddydicky]

Hi, one creditor, Money Shop, has said to me that their original agreement was destroyed in some floods, but they could provide a re-constituted agreement (without signature) from their records - I was wondering whether that would be admissible? PCB

 

but you didnt sign an agreement did you? (, so a reconstituted agreement without a signature would be as useful to them as a chocolate teapot!

[diddydicky]

I have just realised that when you said I didn't "sign an agreement", you said it with a 'wink' emoticon as if to say in the eyes of the law there is no signed agreement?!

 

if i were you i would edit post 16891-perhaps replace the text with a smilie

[diddydicky]

thats great then i hav a DN from Halifax ..dated 21st jan 08..asking me to pay by the 29th jan

 

bless!

[diddydicky]

Thanks; happy that they do not have enough to enforce in court and happy ignoring attempts by Westcot (who have just offered 25%discount on 10K CC debt with RBS). Been at it for nearly 1 year now with the CAG letters since work started drying up . Girlfriends HSBC credit card 11K has now been referred to 'Moorcroft precourt division' after reconstituted CA sent by bank. Both accounts opened 10 years ago (complimentary with current accounts so not actually applied for). Is it just a case of cat and mouse with DCAs now?

 

more like rat and mouse

[diddydicky]

i think your post may get cagbotted anytime soon!