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Captain

 

Can you please post your point on the other threads where Zion's biased posts are so far unchallenged as this (mis?)information may harm other caggers?

 

Thanks

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Enforcement of Credit Agreements – Good news for lenders

 

Phillip McGuffick –v- The Royal Bank of Scotland Plc (High Court, October 2009)

 

The Facts

 

 

RBS could not find a copy of the loan agreement and so wrote to Mr McGuffick’s solicitors to say that it would not take enforcement action to recover the outstanding debt but that Mr McGuffick should continue to make repayments as the loan agreement was still in force. Further, RBS warned that, if Mr McGuffick failed to make his monthly repayments, RBS would report his continuing default to credit reference agencies.

 

Main Issues

 

The High Court was invited to provide guidance upon a number of issues that had arisen as a result of the dispute between RBS and Mr McGuffick. RBS eventually managed to produce a copy of the loan agreement between the parties and was therefore able to take enforcement action to recover the debt in the usual way. However, Mr McGuffick’s claim raised questions regarding the status of the loan agreement and the contractual rights and duties of the parties during the period in which RBS was unable to comply with Mr McGuffick’s statutory request.

 

The Decision

 

The Court held, amongst other things, that where a loan agreement is rendered unenforceable as a result of a lender’s failure to comply with a statutory request for a copy of the relevant loan agreement, the lender’s rights are not extinguished. The borrower’s contractual obligation to make the monthly repayments is not suspended; it continues to apply. .

 

Comment

 

Zion

 

I note RBS was not going to chase for payment before it found the agreement - I really don't think this was RBD being altruistic - just accepting they COULDN'T!

 

Also I note it said payments "should" continue - not "must". How could obligations which could not be proved still apply?

 

Enjoy your bonuses while you still can. Our day is coming!

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Hi BD how are you ? I'm a bit inept in handling technicalities such as that ! Please feel welcome to do this if you know how to - he's obviously here to undermine confidence of others as it is rather biased ! Has anyone challenged the interest rates successfully yet ?

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...and he's (Zion) trying to prove what exactly I wonder?

 

I had this quoted to me by a finance company trying to pull the wool over my eyes too..they try anything. The only thing about this is ' is it relevavnt to your own case?' If not, ignore it or tell the person trying to use it to naff off and go find more appropriate legislation. As mentioned in the article " At a time when borrowers are becoming ever more aware of their statutory rights and are increasingly willing to challenge the enforceability of loan agreements," ( the completion of that sentence about it being good news for lenders I fail to agree with other than it clarifies certain points in procedure) it just goes to show that lenders are beginning to realise that they cannot hide behind a raft of small print to intimidate the layman and woman into thinking they are always right.

 

It is my opinion that it shouldn't be left to consumers to have to analyse these agreements as is happeneing to a frightening degree on this forum alone only to be treated like parhiahs. We should not have to be challenging these companies in court, the officialese of the finance industry who are supposed to make sure we get a fair deal should step in with might and force to ensure these companies abide by the law, put their hands up and admit wrong doing and stop this massive pounding of innocent people by these companies frightened they might have to write-off a loan because they couldn't be bothered to employ the right legal people to set their agreements up within the legal framework they are obliged to abvide by.

 

We are but a drop in the ocean on CAG compared by all those people who have been stripped of their assets, ground through the emotional turmoil of financial ruin when these companies have absolutely NO right to do it and who have no access or time or inclination to find the support on here - THAT's what P**ses me off!

 

So Zion if you are a troll, I hope you learn something from other peoples situations on here and realise that most of us are mere laypeople trying, in the face of all adversity, to find the rights which many people died to get these to statute, and save what little left they have using the law which is supposed to protect them, but of which they know little about. The companies peddling this tripe have both the money and the legal teams to make sure they get it right and have ballsed-up and again expect the unsuspecting to cough up for their mistakes.

 

There, that's my Monday rant over.

 

SC

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Hi BD how are you ? I'm a bit inept in handling technicalities such as that ! Please feel welcome to do this if you know how to - he's obviously here to undermine confidence of others as it is rather biased ! Has anyone challenged the interest rates successfully yet ?

 

Captain

 

Sorry - all i know how to do is to click on Zion and get a list of the 6 identical posts - sne t by them just a few minutes before their bank opened this morning. I don't know how to copy or refer to your excellent post in othe hreeads.

 

Can anyone else help?

 

BD

 

PS - If you do look at Zion's info you will he/she/it has no friends! Result!

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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...which many people died to get these to statute...

 

Blimey that's a bit strong :-)

 

One does wonder what the real reason for OFT, Trading Standards and Consumer Direct et el are for. Jobs for the boys? Managers trying to keep/increase their budgets/justify their existence? Time fior a revolution - off with their heads!

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

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Captain

 

Sorry - all i know how to do is to click on Zion and get a list of the 6 identical posts - sne t by them just a few minutes before their bank opened this morning. I don't know how to copy or refer to your excellent post in othe hreeads.

 

Can anyone else help?

 

BD

 

PS - If you do look at Zion's info you will he/she/it has no friends! Result!

 

There's a permalink on the top right of each post. Copy this to clipboard and then reply to posting and insert link (on toolbar, pic of world with chain link) and paste the permalink in. Hope that makes sense... :-)

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

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Blimey that's a bit strong :-)

 

One does wonder what the real reason for OFT, Trading Standards and Consumer Direct et el are for. Jobs for the boys? Managers trying to keep/increase their budgets/justify their existence? Time fior a revolution - off with their heads!

 

 

My apologies to a degree, maybe it is a bit strong, but I was looking at my grandfathers tag over the weekend and he died in the trenches at 34 yrs of age fighting for our country...when I watch these politicians giving away most of what he was fighting for and these laws which are there in parliament being ignored by the judiciary and the companies too..it kinda gets the writing joined-up. That's why these so called official watchdogs need to get their acts together and make themselves felt where it hurts, just like some stupid camera stuck up a pole can make us feel for rolling our cars over a couple of yellow lines and sending us a massive fine for doing so. That works quick enough and woe betide us if we don't cough up on time.These companies take months to repsond if they respond at all..it's all a nonsense.

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Captain

 

Sorry - all i know how to do is to click on Zion and get a list of the 6 identical posts - sne t by them just a few minutes before their bank opened this morning. I don't know how to copy or refer to your excellent post in othe hreeads.

 

Can anyone else help?

 

BD

 

PS - If you do look at Zion's info you will he/she/it has no friends! Result!

 

 

 

done....

** 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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Littlewoods are not pursuing my Mums account as they cannot find the agreement (Thanks to CAG!:)).

 

Does this mean they admit she should not have paid anything to them, and if so, can I claim back all payments plus 8% interest?

 

Thanks.

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done....

 

Thanks Dave

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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What a lot of twaddle by yet another a DCA troll who as per usual was selective in his response. What the McGuffick judgement ACTUALLY means is that reporting someone to a CRA without having the agreement is NOT enforcement which of course is not permitted without the paperwork

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Littlewoods are not pursuing my Mums account as they cannot find the agreement (Thanks to CAG!:)).

 

Does this mean they admit she should not have paid anything to them, and if so, can I claim back all payments plus 8% interest?

 

I recall reading on one thread that someone had a lawyer looking into this - but on other threads I recall seeing that by having paid them you are acknowledging the debt which still exists - it's just they can't enfoce the bit not yet paid back - but it will still sit on your credit file as unpaid. I think that if they can't find the agreement within 6 years of the last payment then it will become Statute Barred.

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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...by having paid them you are acknowledging the debt which still exists - it's just they can't enfoce the bit not yet paid back - but it will still sit on your credit file as unpaid. I think that if they can't find the agreement within 6 years of the last payment then it will become Statute Barred.
That is absolutely correct Bd. ;)

 

If they don't have an enforceable Credit Agreement, any monies thereafter paid to them once they have defaulted on producing it, are just prolonging the 6yr period in which they could later find it + go on to enforce repayment, plus the interest during the time that payments were suspended during their non-compliance period.

 

Which, to a certain extent, happened in the McGuffick case. :(

The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Sorry guys your assumptions are wrong on two fronts.

Firstly Zion is a girl and secondly I am in the same position as most folks on this site. It just so happens that the first time I post in order to get feed back, it did not quite work out.

I have three outstanding cases on CCA agreements.

1.MBNA - £9364.24

2.Barclays - £4588.45

3.Sony style - £3725.79

 

On saturday I received a letter in the post from MBNA paraphrasing the excerpt that I posted this morning. I have been sending letters back and forth to these companies since March this year and they all seem to send the same reply. However, in September they sent holding letters saying they were looking into my complaint. I now realise they were waiting for the outcome of the McGuffick v RBS case.

There are no sinister motives here on my part! I will copy and scan the letter shortly.

Thank you and apologies for the confusion.

Zion

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Hi there - the posts since yours appear to already deal with your queries - an agreement is either enforceable or it isn't regarding anything pre March 07. If they've shredded or lost it they've got no chance and if they can find it but terms are illegible, unsigned or prescribed terms missing court cant enforce it either - apparently MBNA have just withdrawn from what were intended to be test cases this last week. A judgement on the other test cases is anticipated first week in January.

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Sorry guys your assumptions are wrong on two fronts.

Firstly Zion is a girl and secondly I am in the same position as most folks on this site. It just so happens that the first time I post in order to get feed back, it did not quite work out.

I have three outstanding cases on CCA agreements.

1.MBNA - £9364.24

2.Barclays - £4588.45

3.Sony style - £3725.79

 

On saturday I received a letter in the post from MBNA paraphrasing the excerpt that I posted this morning. I have been sending letters back and forth to these companies since March this year and they all seem to send the same reply. However, in September they sent holding letters saying they were looking into my complaint. I now realise they were waiting for the outcome of the McGuffick v RBS case.

There are no sinister motives here on my part! I will copy and scan the letter shortly.

Thank you and apologies for the confusion.

Zion

 

Zion

 

Sorry for doubting your motives! BTW I suggest you don't put the EXACT amounts owed to creditors - as it could identify you exactly - just put "about £9.4k, £4.6k and £3.7k. .

 

Good luck with the good fight!

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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Thank you Captain2.

So basically, I should just keep writing my standard letters which are :-

 

This is what I wrote to the debt collection company Experto Credite Limited

Dear Sirs

Thank you for your letter 17th September 2009, the contents have been noted.

It would seem that you are of the belief that you/MBNA have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

 

You have provided me a copy of an application form not a properly executed agreement form.

 

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

 

These regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: -

A term stating the credit limit or the manner in which it will be determined or that there is no credit limit,

A term stating the rate of any interest on the credit to be provided under the agreement and

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;

(b)Amount of repayments;

©Frequency and timing of repayments;

(d)Dates of repayments;

(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

Nowhere on the application form that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect. They must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document.

 

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regulations under s60 Consumer Credit Act 1974.

 

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

 

I respectfully request a reply within 14 days of the date of this letter.

 

Kind regards

 

THis is what I wrote to MBNA

 

Dear Ms XXXXX

I write to express my disappointment in your illegal appointment of Experto Credite Limited to pursue payment on the above account.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law, as shown below.

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. I have not written them here for you as I’m sure you are well aware of them.

 

Regulation 2 states:

2 Legibility of notices and copy documents and wording of prescribed Forms

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a color which is readily distinguishable from the background medium upon which the information is displayed.

 

As you have failed to fully respond to my legal request, this alone is sufficient for this account to remain in dispute.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. The resolution of this situation is within your hands. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies:

• You may not demand any payment on the account, nor am I obliged to offer any payment to you.

• You may not add further or any charges to the account.

• You may not pass the account to a third party.

• You may not register any information in respect of the account with any credit reference agency.

• You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities that I have an on going complaint with. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter.

Kind regards

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That's OK Bigdebtor. Thanks for the tip.

I am just learning and it has been an uphill struggle.

I am determined to keep going but when you receive bits in the post that sound so legalistic it sends the shivers through me.

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Afternoon Captain

 

Do you know why MBNA have withdrawn from the test case?

 

Perhaps they were worried about which way it would go and then the flood gates for them would truely open wide and drown them all lol

 

Thanks

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

Scrapper vs MBNA Partial Settlement Success. Saved £13,000 :lol:

Scrapper vs Barclays Bank Plc PPI Reclaim Success £5,500 :lol:

Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

Scrapper vs Egg (Barclaycard) Awaiting FOS

 

Scrapper vs Barclays Bank Plc Offered made & Refused. This means war :-x

Scrapper vs Barclaycard (Cabot) Waiting 4 years for CCA. Cabot advised irresolvable :lol:

 

Scrapper vs Intelligent Finance. Success

 

Scrapper vs Picture (Webb Resolutions) Success

 

 

Beginner's guide

 

Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Hi Scrapper - I have got this info from a chat today with a no fees claim handler/auditor I am using - I was aware that these cases were coming up from somewhere or someone on this web site - and when I mentioned it to the claims co. they confirmed MBNA had withdrawn and in doing so had annoyed the court as a test case that had been expected was suddenly not going ahead. It seems the reason was - 'yes it could open the floodgates' ! This is all hearsay and third party but the circumstances in which it was explained to me were genuine and gave me no reason to disbelieve them - the judgement of the others which did go ahead is expected first week in Jan. You may also have seen that the OFT are looking at or are even going to force creditors to reveal whether they have any agreement or an enforceable agreement as part of some sort of new found honesty like a truth and reconciliation process in nations ! Sounds good !

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Zion it is my understanding that the recent Mcguffic ruling has re inforced the cccs freedom to still report your status to the CRA. This is not considered by the court to be "enforcement" as stupid as that sounds.

G

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Hi Scrapper - I have got this info from a chat today with a no fees claim handler/auditor I am using - I was aware that these cases were coming up from somewhere or someone on this web site - and when I mentioned it to the claims co. they confirmed MBNA had withdrawn and in doing so had annoyed the court as a test case that had been expected was suddenly not going ahead. It seems the reason was - 'yes it could open the floodgates' ! This is all hearsay and third party but the circumstances in which it was explained to me were genuine and gave me no reason to disbelieve them - the judgement of the others which did go ahead is expected first week in Jan. You may also have seen that the OFT are looking at or are even going to force creditors to reveal whether they have any agreement or an enforceable agreement as part of some sort of new found honesty like a truth and reconciliation process in nations ! Sounds good !

 

Hi Captain 2

 

This is a very interesting development in that banks should tell the customer if there is either (1) no CCA record in existence or (2) if there is a CCA, it is unenforceable.

 

Take MBNA, as discussed in the last few posts. I had a credit card from Abbey, then it became MBNA. When I defaulted it eventually went to Lowell's. I won against them-see my threads elsewhere, because after several years of them writing to me asking for payments, I learned that there was such as thing as a CCA and when i asked for it, after several stalling attempts, they wrote to say that there was no copy on record and they closed the account. Had I not asked for a copy of the CCA, I would be still paying to this day, rather than enjoying, as of now, the fact that i have written off 10500 pounds.

 

What is wrong with the system is that it was me that had to learn how to ask for the CCA and thereby find out by accident that it didn't exist, rather than that the onus being on Abbey/MBNA to disclose that they did not have a copy of the original CCA.

 

Furthermore, Egg have failed to supply me with a copy of my credit card CCA since May of this year! Despite numerous letters, they obviously don'y want me to see it. It is an agreement going way back to 1999 or so, which is when nearly all of their credit card CCAs were incorrectly drawn up. OK, the account is in dispute but that has not stopped them getting two different DCAs to write to me. Obviously on each occasion I have sent them a "dispute with OC template letter which tells them to sod off. But why should I have to do it?

 

The legislation that you refer to, if it does come to fruition, would stop all of this nonsense.

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