Jump to content


  • Tweets

  • Posts

    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like
  • Recommended Topics

lowell/BW claimform - old monument card 'debt'


angel_1
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3284 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

monument-1-1.jpg - Image - Photobucket - Video and Image Hosting

 

PLS see above and i reckon ive only had the application and only what you can see but with current terms and conditions and nothing about terms and conditions at the time of the application

 

plus a letter just advising they have enclosed a copy of my credit agreement, which they are providing under their obligations section 78(1) of the Consumer Credit Act 1974 - requires that they provide me with a copy of my executed agreement.

 

perhaps by explaining to me about the "copy" of the executed agreement, - they now say the Copy for the purposes of the CCA does not refer to an exact copy of the agreement i signed. They are therefore not required by the CCA to provide me with a photocopy of the agreement showing my signature. Section 78 requires them to provide me with a copy of my agreement which looks like the one i signed but which has been updated to contain the terms and conditions which currently apply to my agreement (rather than those which applied a the time i signed the agreement) Important - the copy is not required to include my name or signature.

 

They rather hope im now satisfied with this dribble they have provided and i will continue to make payment on my account.

 

********

 

Whilst my interpretation now is that Yes i agree they have satisfied section 78 by supplying

 

me with an application form with a copy of the current T&C's - BUT it is not enforceable because it doesnt have the prescribed terms in the same document as the signature.

 

What do you guys now think??

 

many thanks ciao for now MAZ

Edited by maz1964

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

  • Replies 86
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

monument-1.jpg - Image - Photobucket - Video and Image Hosting

 

PLS see above and i reckon ive only had the application and only what you can see but with current terms and conditions and nothing about terms and conditions at the time of the application

 

plus a letter just advising they have enclosed a copy of my credit agreement, which they are providing under their obligations section 78(1) of the Consumer Credit Act 1974 - requires that they provide me with a copy of my executed agreement.

 

perhaps by explaining to me about the "copy" of the executed agreement, - they now say the Copy for the purposes of the CCA does not refer to an exact copy of the agreement i signed. They are therefore not required by the CCA to provide me with a photocopy of the agreement showing my signature. Section 78 requires them to provide me with a copy of my agreement which looks like the one i signed but which has been updated to contain the terms and conditions which currently apply to my agreement (rather than those which applied a the time i signed the agreement) Important - the copy is not required to include my name or signature.

 

They rather hope im now satisfied with this dribble they have provided and i will continue to make payment on my account.

 

********

 

Whilst my interpretation now is that Yes i agree they have satisfied section 78 by supplying

 

me with an application form with a copy of the current T&C's - BUT it is not enforceable because it doesnt have the prescribed terms in the same document as the signature.

 

What do you guys now think??

 

many thanks ciao for now MAZ

 

 

Your assumptions are correct.

 

Invite them into court, tell them you will not correspond on the matter any more!

 

JOgs

  • Haha 1
Link to post
Share on other sites

ohhhhhhhhhhhhhhhhhhh fab

 

hiya havinastella - im so happy you have just said that to me,,,,

 

im only going by my gut and after my visit to Trading Standards and what a fellow cagger had put on one of their threads - i was just hunting for the info,,,,,

 

i cant believe im actually beginning to understand this.....

 

thank you thank you

 

ciao for now maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hiya huggy

 

mine is actually from monument not been sent to any dca as yet,

 

i was rather wondering what my next step is,,,,,,, like a letter you have sent you reckon??

 

what happens on the credit file and such, ?? that s my next hurdle i want to get to understand

 

thanks for replying much appreciated ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Excellent - it's so nice when that happens:)

 

Hopefully getting it sorted will be as simple as working out what a pile of rubbish that 'agreement' is! Well you can dream:rolleyes:

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

Link to post
Share on other sites

bumping up any advice now from my post no 5

 

thanks everyone, i dont yet feel this is the end though

 

i believe monument were part of barclays at one time, they then sold or R Raphael and sons plc took the account over

 

i am awaiting on the sars from barclays will be interesting to see what i get back,,,,,

 

anyway, im starting to get the calls so next action is ???

 

thanks much appreciated ciao for now MAZ

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Well, it is definitely an application form.. it says "I am applying for a Visa Credit card, cheques and pin number".

 

It does that you have read and agree to be bound by the enclosed t&cs. However, nowhere do there appear to be any prescribed terms... and that is what is most important :D

 

What they send you in response to a CCA request is one thing, however it is my understanding that if you request sight of the PROPER, FOR REAL signed copy within the SAR then they must supply you. So if you are going to SAR them, then it wil be interesting to see if you receive anything different. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

hello CB

 

thanks for your reply, yes i noticed that earlier about being bound by the tc's and yes no prescribed terms which could be on the back, which ive not had copy or sight of, only the very upto date terms and conditions.

 

i will await on barclays to respond on the S.A.R - (Subject Access Request), as ive definately req -

 

"A true copy of the original signed, executed consumer credit agreement and copy of the original Terms and Conditiosn, that were in force at the time of the account was opened, and any subsequent amendments to those terms and conditions"

 

in the meantime, my dilemma, should i write to monument and put in a dispute account letter and advise they have not fully supplied all the information and stop paying them this month from now on.?

 

Could i say - ""what you have sent is a copy of the application form with a copy of the current terms and conditions which does satisfy section s78 but this is not enforceable by you as doesnt contain the prescribed terms in ths same document as the signature.""

 

 

Wilson v First County Trust

Ltd [2003] UKHL 40, [2003] 4 All ER 97. - i found interesting,

 

 

a quote i found but am looking for the source at the moment i recall was like - if a creditor company cannot be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that a court should not have power to relieve the creditor from this penalty.

 

 

and see what i get back?

;)

Edited by maz1964

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hi again MAz,

 

You will get the same old rubbish back!!

 

You have to decide what you want from the request now. They do NOT have an enforceable copy, so If you stop paying you'll get 6 years of being passed from DCA to DCA, all throwing defaults against your credit rating and making it more or less impossible to get credit in future.

 

Some on CAG are trying various ways to get these defaults removed, but are finding it more or less impossible.

 

You can reclaim any late payment/unfair charges against the account (if there are any) reducing the amount and then ask for a full and final settlement, reminding them they have no enforceable agreement so you get a good deal.

 

The ball has dropped firmly in your court.

 

Best of luck

 

JOgs

Link to post
Share on other sites

hello havinastella

 

its what you have wrote that i guess i need to finally think about seriously,

 

so even if they do not have an enforceable copy which i also believe, i can still ask for the charges back? then ask for a full and final

 

i dont think it can get any better than this - otherwise like you say it will get passed around and around i want to get rid of in the best way possible as affecting my credit file is what im trying to avoid

 

so thank you, its like everyone says you have to get the best deal possible

 

i have about 150.00 but also awaiting on the SARS to get correct amounts,

 

i will seriously think about your comments and appreciate fully the concept of the full and final which is my ultimate goal -

 

will be back laters ciao for now maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hello CB

 

thanks for your reply, yes i noticed that earlier about being bound by the tc's and yes no prescribed terms which could be on the back, which ive not had copy or sight of, only the very upto date terms and conditions.

 

i will await on barclays to respond on the S.A.R - (Subject Access Request), as ive definately req -

 

"A true copy of the original signed, executed consumer credit agreement and copy of the original Terms and Conditiosn, that were in force at the time of the account was opened, and any subsequent amendments to those terms and conditions"

 

in the meantime, my dilemma, should i write to monument and put in a dispute account letter and advise they have not fully supplied all the information and stop paying them this month from now on.?

 

Could i say - ""what you have sent is a copy of the application form with a copy of the current terms and conditions which does satisfy section s78 but this is not enforceable by you as doesnt contain the prescribed terms in ths same document as the signature.""

 

 

Wilson v First County Trust

Ltd [2003] UKHL 40, [2003] 4 All ER 97. - i found interesting,

 

 

a quote i found but am looking for the source at the moment i recall was like - if a creditor company cannot be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that a court should not have power to relieve the creditor from this penalty.

 

 

and see what i get back?

;)

 

 

Hi Maz, that is a nice quote, but one I think best kept for a defence should it ever come to that :-D

 

The idea is to let them know that you are aware that what they have sent doesnt really cut the mustard.. however dont do their job for them. They know full well what they should send you.

 

I will try and find a letter for you. x

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I just noticed you have said you had SAR'd Barclaycard, who exactly are Monument in the grand scheme of things. Are they a DCA, solicitor, collection agents ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hey CB,

 

Barclaycard brought Monument ;)

 

JOgs

 

 

Aha, thanks JOgs. :D I think I will go and develop a headache :grin::grin:

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

hiya all

 

thanks for your updates, yes bcard bought monument originally but now i think they have been bought by r raphael therefore, i still should get something from barclays re barclaycards cards ie monument.

 

going to await on that for the time being, but like havinastella has said, i dont think i will get anything else anything different, lets hope,,,,lol

 

thanks again ciao for now maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hi again MAz,

 

You will get the same old rubbish back!!

 

You have to decide what you want from the request now. They do NOT have an enforceable copy, so If you stop paying you'll get 6 years of being passed from DCA to DCA, all throwing defaults against your credit rating and making it more or less impossible to get credit in future.

 

Some on CAG are trying various ways to get these defaults removed, but are finding it more or less impossible.

 

You can reclaim any late payment/unfair charges against the account (if there are any) reducing the amount and then ask for a full and final settlement, reminding them they have no enforceable agreement so you get a good deal.

 

The ball has dropped firmly in your court.

 

Best of luck

 

JOgs

 

 

hiya havinastell

 

so in theory - say ive not paid them this month, not yet had any threats or phonecalls, i could

 

1. request my charges back, i m guessing about 150 which is only about 10% of the debt, get those back and then still not pay and then offer them a full and final settlement, of about £100.00 which is about 10% perhaps offered by a 3rd party and ask that all adverse credit info is removed also from my credit files??

 

Do you think it could work?

 

ta muchly would be happy :D

ciao maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

on my travels this morning, i have found a letter from the below thread

 

Re: Nationwide Credit Card Debt Unenforceable?

You could send them back:

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. An application form with no prescribed terms on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. An application form neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

I still require you to send me a true copy of the original credit agreement that you allege exists. 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.

You had until xx/xx.2008 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

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

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested.

 

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.

I expect you to write to me confimring that the account has been closed and no further action will be taken.

I look forward to your reply.

Yours faithfully

__________________

 

I wonder if i first sent this - what would the responce be, court action?

 

or at least it shows either they have to send me the executed agreement or im forcing their hand to admit they dont in writing back to me,

 

then im back i guess to the full and final settlement just to finalise stuff -

 

i know its my decision its just so scary on the first one isint it?

 

will be back laters ciao for now maz

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hi Maz,

I'm having the same dilemma as you - got a naff 'agreement' with no prescribed terms, but not sure of the best way to proceed. Do I stop paying or just make token payments of £1 per month? It's such a grey area, isn't it? Some say paying acknowledges the debt, but if you don't pay anything it accelerates the matter into court quicker. I beieve some creds are giving default notices and saying that the agreement is therefore terminated and you are not protected under the 1974 act!:confused:

 

Full and final offers are great if you have the funds - I don't at the moment, so that's one option out for me.

 

Will be following your thread with interest - best of luck:)

Link to post
Share on other sites

thank you underdog,

 

interesting point what you say on creditors giving default notices and then terminating agreement and thus not protected under the 1974 act -

 

anyone else can give further info on this pls

 

many thanks maz

Edited by maz1964

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

I beieve some creds are giving default notices and saying that the agreement is therefore terminated and you are not protected under the 1974 act!:confused:

 

 

 

 

I will ask this question on another thread, see if we can get some guidance on it. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

That's great, thanks CitizenB. I think it's the usual DCA smoke and mirrors, but it never hurts to have a rebuttal ready for their absurd claims;)

 

I have asked the question on the Consumer Credit agreement thread. It is visited by CAGers with more knowledge on this subject. I agree, it probably is another idea the DCAs have conjured up.. I also agree, it is wise to have the facts. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Underdog, the reply to your query is in the following link. It looks as though it could be the DCAs interpretation of the Rankine judgement.

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-659.html#post1820416

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...