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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

HBOS Help Needed

gchads
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gchads

gchads

Posted
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Hi all,

recieved a reply from HBOS regarding ouyr SAR and CCA request. They state that they want our signatures. So my wife and i have returned with printed names. i know HBOS can be funny with printed names as well. posted below for you to see

 

 

[ATTACH=CONFIG]41052[/ATTACH]

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Why this is a lawful request for personal data made under an Act of Parliament there is NO point in not signing for it.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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gchads

gchads

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Hi Brigadier,

I know its a time wasting excercise from what i have read about. I was kicking myself cause i read up another thread. And i should of sent one of your letters you had written up for another memeber. Ahh well its done now.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Hi Brigadier,

I know its a time wasting excercise from what i have read about. I was kicking myself cause i read up another thread. And i should of sent one of your letters you had written up for another memeber. Ahh well its done now.

 

Hi this is one of the very old myths that just wont go away, with holding a sig. just delays the production of the data you probably need quite urgently.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Let Them Knock

Let Them Knock

Posted
Posted
Hi Brigadier,

I know its a time wasting excercise from what i have read about. I was kicking myself cause i read up another thread. And i should of sent one of your letters you had written up for another memeber. Ahh well its done now.

 

Some people have a genuine fear of providing a signature because they are worried it will be lifted and used elsewhere. As Brig says, this is a bit of a myth where banks are concerned. However, you could always sign and then make a slight alteration to your signature. Enough so that you would spot any attempt at forgery but not so much that anyone else would notice it.

 

 

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gchads

gchads

Posted
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Posted

Hi LTK,

yes i know it worries me when i heard about it. Better safe than sorry though. Got a feeling they will bounce the returned signatures as they are totally different to our originals.But will wait and see

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Let Them Knock

Let Them Knock

Posted
Posted

My personal opinion is that many lenders have a number of 'hoops' they will make you jump through. These hoops get progressively smaller as you get nearer to your target.

 

There are thousands, if not millions, of people out there who are making payments on non-existent or unenforceable agreements. If all these people were clued-up it would cost the banks billions. We know it and the banks know it.

 

Lenders who have kept their houses in order should have no problem providing copies of agreements and would happily do so at the first request - because they have nothing to fear. They can say, "Here it is, we have done it right, pay us the money". Such lenders are few and far between.

 

The vast majority have NOT kept their houses in order. They have used unlawful agreements, lost (misfiled) agreements, and generally paid too much attention to grabbing the profits without doing things properly.

 

These lenders build-in 'processes' to make it difficult for us to get to the truth. They employ well paid legal experts to make things as difficult as possible for debtors to get to the facts whilst staying within the letter of the law. They find new delaying tactics continually and the demand for a 'check-able' signature is just one of them. They site 'data protection' as being the reason for it BUT strangely enough, don't apply such rules to the issuing of other paperwork which is also sensitive. I have never heard of a lender writing to a debtor and saying, "Just send us confirmation of your signature so we can set a debt collector on you".

 

So, the signature trick is just an early 'hoop'. Once we get our heads around how they work we can counter it. These tricks and tactics only work with the people who give up. Ultimately, the law is on our side. If it wasn't there would be no need for such tactics.

 

Thanks for reading my rant and good luck.

 

 

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  • 2 weeks later...
gchads

gchads

Posted
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Hi Everyone,

Finally recieved my CCa from HBOS. They have sent me a reconstituted version without a signature. They were keen to point out that this reconstitued one is regulation 3(2)(b) "providedes that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy wqith your signature on it." Also that they have requested a copy of the original from the relevant department to comply with your section 60/61 request. Could someone please have a read of letter they wrote and give me there opinion.

 

gchads

 

[ATTACH=CONFIG]41357[/ATTACH][ATTACH=CONFIG]41358[/ATTACH]

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Let Them Knock

Let Them Knock

Posted
Posted

OK. The have sent you a reconstituted copy of the agreement that they say complies with S.78 so this must be a credit card. It seems that they are going to send you a copy of the original as well - very good of them.

 

Let's wait and see what you end up with and then we can have a proper look.

 

How old is the debt?

When did you last make a payment on it?

Is it defaulted?

Is it on your Credit Reference Agency files?

 

If you want to post your agreement on here (anonymously of course) we can have a look at it. There are much cleverer people than me on here who can help.

 

Just a word to the wise on your last posted documents: It is important that you don't actually alter or block-out on the originals in case you need them as evidence later. Scan them and use Microsoft Paint to hide your personal info before you post them. Keep the original ones unmarked.

 

This nonsense about claims management companies is because they recognised your CCA request letter as a template. They don't like the idea of people getting clued-up on their rights. :wink: :wink:

 

 

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Why must this be a credit card because of a section 78 CCA '74 request????

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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gchads

gchads

Posted
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hi LTK,

The debt defaulted in 2006.

 

I joined Payplan and they took over the runnning of my debts.

have been paying them pro rota ever since.

 

The defaults have dropped off my CRA file due to 6 years rule.

 

The orginals are all intact i only scan and then paint them afterwards like you suggested.

 

The debt is credit card around £15k.

 

have posted the agreement they have sent me below:

 

[ATTACH=CONFIG]41377[/ATTACH]

 

[ATTACH=CONFIG]41378[/ATTACH]

 

[ATTACH=CONFIG]41379[/ATTACH]

 

[ATTACH=CONFIG]41380[/ATTACH]

 

[ATTACH=CONFIG]41381[/ATTACH]

 

gchads

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Let Them Knock

Let Them Knock

Posted
Posted
hi LTK,

The debt defaulted in 2006. I joined Payplan and they took over the runnning of my debts. have been paying them pro rota ever since. The defaults have dropped off my CRA file due to 6 years rule. The orginals are all intact i only scan and then paint them afterwards like you suggested. The debt is credit card around £15k. have posted the agreement they have sent me below:

 

[ATTACH=CONFIG]41377[/ATTACH][ATTACH=CONFIG]41378[/ATTACH][ATTACH=CONFIG]41379[/ATTACH][ATTACH=CONFIG]41380[/ATTACH][ATTACH=CONFIG]41381[/ATTACH]

 

gchads

 

Right, received some and lots more still to come.

 

Presumably you had a plan when you sent these requests so what are you hoping to achieve?

 

 

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gchads

gchads

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Hi there,

recieved my SAR request returned because i would not sign it. I have printed my name. They are citing DPA 1998 Section 7.1sub section (2), (1), (3). They are asking me to write in confirming a local branch where i confirm my identity and collect SAR. What should i do?? I have posted letter below.

 

gchads

 

[ATTACH=CONFIG]41406[/ATTACH]

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Let Them Knock

Let Them Knock

Posted
Posted
Hi there,

recieved my SAR request returned because i would not sign it. I have printed my name. They are citing DPA 1998 Section 7.1sub section (2), (1), (3). They are asking me to write in confirming a local branch where i confirm my identity and collect SAR. What should i do?? I have posted letter below.

 

gchads

 

[ATTACH=CONFIG]41406[/ATTACH]

 

I think you will find my answer to that in post number 5 (above)

 

 

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Let Them Knock

Let Them Knock

Posted
Posted

No danger at all in my opinion. You are just collecting information as is your right under statute. If they ask for as signature at the branch, in your place, I would sign. If you still don't feel comfortable with this, do a slightly different signature to your normal one.

 

 

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

What is all this about ''Danger'' you are making a lawful request for information under an Act of Parliament, sign the SAR if you want the information or go to the branch and collect it.

 

In all my year dealing with SARs and CCAs I have NEVER seen any proof of ''lifting of signatures'' carrying on this way is wasting yours and everyone elses time.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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gchads

gchads

Posted
  • Author
Posted

Hi there,

i understand what you mean Brigadier. I have sent letter back stating i will pick SAR up at local branch. as to the reconsituted CCA they have sent me, what is my next course of action? shall i stop the pro rota payment to them?

 

gchads

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  • 2 weeks later...
gchads

gchads

Posted
  • Author
Posted

Hi Everyone,

We have received 3 replies to CCA requests from HBOS so far. They are stating they have sent copies of original documents not originals. Couple of things that stand out, one signature is totally different to mine. Also there are no dates signed on the agreement, dont know if that will make a difference. On the back of agreement they have photocopied 1 side of the T&C. Seems a bit small and out of keeping with the other side. Dont know whether this is a doctored copy of CCA or original. I have scanned and posted below for everyone too see and make up their own minds. Your advice is really appreciated.

 

gchads

 

[ATTACH=CONFIG]41824[/ATTACH]

[ATTACH=CONFIG]41825[/ATTACH]

[ATTACH=CONFIG]41826[/ATTACH]

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted
Hi Everyone,

We have received 3 replies to CCA requests from HBOS so far. They are stating they have sent copies of original documents not originals. Couple of things that stand out, one signature is totally different to mine. Also there are no dates signed on the agreement, dont know if that will make a difference. On the back of agreement they have photocopied 1 side of the T&C. Seems a bit small and out of keeping with the other side. Dont know whether this is a doctored copy of CCA or original. I have scanned and posted below for everyone too see and make up their own minds. Your advice is really appreciated.

 

gchads

 

[ATTACH=CONFIG]41824[/ATTACH]

[ATTACH=CONFIG]41825[/ATTACH]

[ATTACH=CONFIG]41826[/ATTACH]

 

Are Ts & Cs supplied with the documents complete and easily readable, the creditor is NOT going to send you any original documents btw.

 

This looks like an attempt to produce a reconstituted agreement, and not agood one if the Ts & Cs are not complete and the signature is not easily recognised as yours then this fails to meet section 77/78 CCA '74 requirements.

 

Would you like me to draft a lettee for you to rebut the banks claim??

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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