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    • Spoke to my SIL a short while ago Andy and he had the following to say.....     No, he had left their employment by this time, in fact he left January of this year.     August 2013 up until January 2020     Yes, in fact he had a staff MORE card.     He laughed and said "Hell Yes" This even extended to the pubs deputy manageress whom he described as the worst offender and knew that my SIL was doing it as well as other staff members.   There is a story here....   He told me that after he had left, the company fraud guys came in to do an audit with her unofficially being the main target. He has an idea that she may well have been caught with her hand in the till and so she sang like a canary to save her own arse.
    • this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started   please is the actual deadlock letter binding, or can they just noll and void it like this?   Thank you for taking the time to speak with me this evening regarding your account. As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing. I advised that you previously had an account with Shell Energy (formerly First Utility) for property  and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance. In regards to account  I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account. I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid. I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account. You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you. I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees: Legal representative cost £70 , Court fee £60 and interest £146.06. I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54. As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly. As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you. During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf. I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell. I hope the information in this email clarifies our position. As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused. As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week. Yours sincerely,  
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    • Amigo has posted a statutory loss before tax of £62.6m, for the six-month period ending 30 September, after reporting a profit of £42.3m for the previous half-year View the full article
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Hi aceandco

 

Welcome to CAG.

 

What do you mean by 'write off my cards and loans'? No company will be able to write off legitimate debts and we cannot condone that either.

 

If you are in financial trouble, then we can help you sort things out - reduce payments, get interest suspended, reclaim unlawful charges - just as well as any company that charges fees.

 

What case you have will rather depend on what you are trying to do. PLease give us some more infornation so we can help.

 

in the meantime, our advice would be not to touch any such company with a barge pole. Anything they can do for a fee, we can do for free. And we will support you. Quite often these companies take your money and than actually do nothing. Notice the word 'may' :mad:

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi

 

I have been approached by a company who have asked for a £500 fee pls £250 per additional case. They have said that they maybe able to write off my cards and loans.

 

I have read a number of threads and would appreciate some help to see if I have a case or even cases.

 

MBNA:

I had amastercard with MBNA prior to April 2007 but this card was transferred over to their AMEX card does this mean that I have all the new T&C's?

 

Goldfish to Barclaycard:

I had a G/F card which has been bought out by Barclaycard and I have since recieved a new card and T&C's.

 

Egg Loan:

Was taken out pre April 2007.

 

I would just like to know if I anyone could guide me on th above rather than having to pay the fees ie do I have a case, what should I do next etc? I really appreciate your help in advance.

 

Hi Ace and welcome to the haven that is CAG.

 

Firstly, you don't need to pay those companies - you can do everything yourself, using the information on this site. If you do pay them, you will still have to sue those companies and go to Court if it comes to that - they won't represent you, (or the other people that have paid them) in Court, generally. So, what are they charging you for, exactly, when the info is on this site? Don't get me wrong, some people can't be bothered with the hassle of taking action themselves, which I can understand, but these companies don't always make the bigger picture known.

 

Secondly, what you need to do is to send a Consumer Credit Act 1974 request under s.77/s.78 to those companies - only then can you establish what state the accounts are in and if the debts are enforceable or not. A lot of pre-2007 agreements are totally unenforceable, meaning that the debtor is under no legal obligation to make payments under the agreement. Usually, unenforceable debts are written off and removed from Credit Reference files, as a result. How to approach each company will depend on their reply and what they send you. You'll find the relevant letter template in the document library at the top of the main forum - Template N is the one you need.

 

Thirdly, once you've received a reply from each company, come back to CAG and post a new thread cover each one in the relevant place on the forum - there are sub-forums for most companies and there is a legal forum where you can post if you are looking to take Court action. There's a lot more reading you can do before you embark on any of this and you'll find some useful links to start with in my signature, below, which will get you started.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hello to one and all. I have been on this site for several weeks (that's how long it took me to read it) and it has been a fascinating read by the way. I have taken advice from various threads but now I think I might need help and I would be very grateful!!!!

I have several credit cards with the usual suspects and have written off to obtain the various agreements etc some of which are obvioulsy not enforceable and some not so clear cut. One response in particular from Capital One is proving an issue at the moment.

I think I took this one out in 2005, online. They have sent me "The Terms of your Credit Card Agreement" but these are their most recent terms and does not appear to relate to the time which the card was taken out.

I did read some where that after December 2004 online applications are just a tick box and don't need a signature. Is this the case and would the information Capital One have sent be enforceable?

This is just the first of many questions I have but this will get me started for now.

Many thanks

 

Gamekeeper

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Hi Gamekeeper

 

It is true that agreements online require only a tick in the box post December 2004. I don't know why they have sent you only recent T&Cs when it must be so easy for them to print off a copy of a properly executed agreement. I am sure that CAp1 will have an enforceable agreement for any online application post 2004. (but almost certainly not for anything else in my experience)

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Hi and many thanks for the reply Steven. That was what I thought. Ah well one marked off the list several more to go.

I have had responses from other credit card providers which are not so clear cut and I will post them in due course for others to look at and comment.

Be in touch soon

Many thanks

 

Gamekeeper

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AC

 

THe 2004 regs which came into force at the end of Decemenber 2004 allow an online application to use a ticked box instead of a signature. A screen printout of the form showing the ticked box is a copy of an exeecutable agreement.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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AC

 

THe 2004 regs which came into force at the end of Decemenber 2004 allow an online application to use a ticked box instead of a signature. A screen printout of the form showing the ticked box is a copy of an exeecutable agreement.

 

Thank You!

 

I thought that is what you meant, just needed clarification on the issue.

 

AC

x

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Thank You!

 

I thought that is what you meant, just needed clarification on the issue.

 

AC

x

 

 

I think you will find that the CCR's came into force on the 31st May 2005...it's implementation was delayed untill that date.

 

 

 

2004 No. 1482

 

CONSUMER CREDIT

 

The Consumer Credit (Agreements) (Amendment) Regulations 2004

Made5th June 2004 Laid before Parliament9th June 2004 Coming into force31st May 2005

 

 

sparkie

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I have a NatWest credit card that was taken out in 2001 and the copy CCA NatWest sent me does not contain a signature - is this enforceable? If not, how do I respond to NatWest who are stating that they will pursue me for the debt as they consider the debt to be enforceable?

 

Thanks

 

Missy Allen

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Did you request it under s.78 CCA or under s.7(1) DPA?

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Send a Subject access request because what they have sent you is all they have to under s.78.

 

 

Subject Access Request under the Data Protection Act 1998.

 

 

 

I require all information you hold on me including the following:

 

1. a complete list of transactions and charges relating to my credit card history with xxxxxx . Alternatively, a complete set of statements that include all transactions, late payment fees, over limit fees, all interest & charges for that period will be acceptable.

 

2. a copy of my original signed consumer credit agreement and copies of any default notices issued in this period & any other documentation or information pertaining to me that you hold in your records.

 

3. Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with your company.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

 

4. If this account has been sold or otherwise transferred to another organisation for administration or recovery please supply details of the sums notified by xxxx to any such organisation & a signed true copy of the Notice of Assignment. Please state whether this was absolute or equitable.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

Yours Faithfully

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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I have a NatWest credit card that was taken out in 2001 and the copy CCA NatWest sent me does not contain a signature - is this enforceable? If not, how do I respond to NatWest who are stating that they will pursue me for the debt as they consider the debt to be enforceable?

 

Thanks

 

Missy Allen

 

Missy Allen, whose signature is missing.. yours or theirs ? If it is your signature missing then it wouldnt be enforceable.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Natwest seem to be very fond of supplying just T&Cs and the latest statement on the account when replying to a s78 request. They send out rude, dismissive letters if you dare to query their response and refuse point blank to discuss the matter further with you.:mad:

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Hi all,

 

I asked for my credit agreement from Vanquis, it took 2 months before I heard from them and they sent a letter saying that I applied on-line and that acts as a digital signature so they don't have a hard copy of a Credit agreement.

 

I was under the impression that they had to have paperwork with my signature on to make the agreement enforceable. I was hoping someone could point me in the right direction and if a digital signature is a substitute for a written signature.

 

Many Thanks

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Look at the Consumer Credit Agreement link in my signature - it is all expained there

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I think they can - the 2004 order allows that option

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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They are supposed to keep details of IP addresses, etc to 'prove' it was you

 

Personaly, I think that is nonesense, but that is what the order allows The Consumer Credit Act 1974 (Electronic Communications) Order 2004

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Could anyone not have put my details on-line then, ticking a box surely cant prove that is was me can it

 

The onus would be on you to contact them regarding Fraud if that is the case. The fact you've used the credit and made repayments would probably suffice as evidence of the agreement existing to your knowledge?

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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  • dx100uk changed the title to Cap1 & CCA return

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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