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Cap1 & CCA return


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I would love to have a copy Paul

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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good news meanend,lets hope that is the end of your problems

patrick

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 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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'What % of agreements
haven't
been Varied? I'd say 95%, Credit Card companies have been gorging themselves by increasing interest
link3.gif
rates.'

 

Guys the above should read:-

 

'What % of agreements have been Varied? I'd say 95%, Credit Card companies have been gorging themselves by increasing
interest
link3.gif
rates.'

 

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Would appreciate a copy by email and will happily pm out to others on request

 

Cheers

gh

 

Would you pm me a copy please.

 

I would love to have a copy Paul

 

Mike

 

PT stated that he no longer had a PM facility either way so don't know how we can get this information.

 

Unless you use another site maybe?

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Thanks for that means!

The situation as it stands for me now, is that I have not yet been defaulted, and am only approx 1 month behind. The ccc has so far been excellent with me and are ready to help me. I have had a masssive change in lifestyle due to lots of things and can see things going array big style where the cc's are concerned, so I am worried and just want to be prepared for what might come my way.

I really need every bit of help I can.

The credit card in question was one where THEY increased the credit limit over the years...and now it has gotten a tad 'out of control'. From all i have read on this board I do think that the CCC should take some of the responsibility for this (re:increasing the cc limit without me asking).

Thoughts anyone?

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Yes, it can be reconstructed,

 

Waksman made it clear, when he approved HHJ Langans judgment in Lloyds v Mitchell, that the original may well have been lost, so the bank can still bring an action.

 

This delves deep into the law of evidence, and really, each case must be tried on its own facts, it depends on what the client says, has in their possession, their memories, etc as to how strong the case is.

 

 

But the lenders can, bring to the court, a poor copy of the original, and then produce a true copy of it, and give evidence to its contents etc, and enforce that way

 

In my dispute the OC has provided an illegible copy of an application form and presented a "true copy" which isn't an actual copy of the original application form but some other mail shot sent out about the same time. They have also put this "true copy" in a bundle and presented it to court ( in a claim for release of information under DPA).

 

 

If, in future, they decide to take me to court using the correct "true copy" - can I in anyway get this rejected as inadmissable as it wasn't included in the DPA court bundle?

 

So far this is doing the rounds of the DCA's and I get a letter or 2 every 3 months from a new DCA

 

Cheers Wils

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This really needs clearing up. All the summaries I've read state 'original', I think thats mentioned in the Summary at the bottom of his Judgement.

 

Unless i have misread waksman- although it states that where an agreement has been varied- then the original (enabling) agreement must be provided- i am not aware that he said that this must only be the original agreement- and as i understand it- this "original" can still be a re constructed document

 

someone correct me if i got that wrong

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This really needs clearing up. All the summaries I've read state 'original', I think thats mentioned in the Summary at the bottom of his Judgement.

 

The authorized transcript says "Original" but again its down to a judge to interpret

 

Carey vs HSBC (Bailli website)

 

(4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

 

 

I fail to see how an "original" document can be a re-construction

 

S.

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

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