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davey77

Debt written off due to Carers Allowance?

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Thanks Patrickq! I appreciate the supportive words! :)

 

Yes gill5.. totally agree.. and thanks!

MBNA are one of the worst out there too in my opinion. My letter could have been even longer and i could have mentioned 13 phone calls a day (half from MBNA) before i changed my number and many other points but i would have ended up printing it in hardback otherwise! :D

ah yes, I'll let Peterbard know about my letter for sure.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Can anyone with previous understanding of these things point me in the right direction for filling in the N1 court form? (Assuming thats the right form.) I understand the general layout of it but if it's going to be for CCA non-compliance what do i put in the box under amount? Also are there fees involved and at what stage do i pay those and how much are they?? Many thanks! D
You can find the official guidance for completing a N1 form here. In particular it says
If you are not able to put a value on your claim,

write ‘I cannot say how much I expect to recover’.

I have just read your thread for the first time - fascinating! The change in your letters etc from tentative to authoritative and assertive is truly inspiring.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

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

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

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

 

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

 

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Thanks mate..appreciate the help! That's funny as i was reading through my thread tonite and noticed that same change in tone as well!

 

Also been reading your thread on stolen benefits and wish you the best of luck with that!

I recall my benefits letters stating something like "this is the amount of money the law says you need to live on". That's an interesting legal point isn't it (somehow) as, if that is the minimum amount the law says you need, then i would ask what law over-rides that to allow someones benefits to be taken from them!

Will watch your thread with interest though!


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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From Buchanan Clark Wells today (Cahoot).

 

Dear Sir/Madam,

 

A review has been undertaken on your account and you have been selected to take advantage of a 25% reduction.

 

Your current balance is £5,100.40 and your settlement has been calculated at £3,825.30. Taking advantage of this opportunity will help restore your credit rating, as this account will be shown as settled by voluntary arrangement.

 

To benefit from this great reduction call our specialist team today on the number shown below to arrange payment by your prefered method.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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It beggars belief doesn't it. I suppose they must just have a totally inadequate filing system - that's the only explanation. (unless they are jsut being bloody-minded and that can't possibly be true :rolleyes:)

 

Keep at them davey - you remind me of the hero in all the best action movies, fighting off a dozen adversaries at once!


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

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

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

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

 

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

 

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I don't think creditors realised that one day everyman and his dog would be asking for a copy of their agreements. Bet they wish now they had acted more professionally though!

 

Ah, why thank you.. I guess then thats a good omen as in the films the Hero always wins! ;)


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi davey

 

I too have just read right through your thread and have found it very informative and being in the same position with Capital One hope you won't mind if I use some of your letters in the future, I am sure I will need them.

 

With regard to the supposed authorities (TS, OFT, FOS, etc) I agree that they are toothless wonders. In my case the TS have made things worse for me by telling Capital One that their copy of my short application form is sufficient to send under the act, and advising me that Capital One have promised to only call once a week if I answer their calls. :o Are they really that naive?

 

As well as yourself I have been inundated with harassment calls all day and my answer machine is now on permanently. Your fight is inspirational and I will not give in either. Their bullying ways and complete disregard of the law have left me completely determined to beat them.

 

Good luck my friend and please keep up the good work. We are with you all the way.

 

maggiebroom. :D

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Hi Maggiebroom!

Just spent some time reading your thread on crap1 and found it very heartening to see someone who hasn't given up and is still fighting the good fight!

Yes, feel free to take anything from my thread you find useful for sure!

I loved the fact that you got the MP involved but what a disappointment in TS's reaction! I total cowardly cop-out by them!

A good idea about informing the Watchdog program and i have threatened that myself but haven't seen it through (yet). And, I would also say that if you don't get satisfaction from your MP on this now then go a straight to a national newspaper!! They love these kinds of stories and the bad publicity is usually all that's enough to have big organisations begging for forgiveness!

I've subscribed to your thread and will watch with interest!!

Take care for now, D ;)


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi davey

 

I haven't yet had the results of my MP's enquiries, but you can be sure that as soon as I have I will post on my thread, be it good or bad. I think the result will be favourable, and you can be sure that I wait for the postman every day for a letter marked House Of Commons.

 

I am seriously thinking of sending a copy of your complaint letter re: the creditors and DCA's behaviour to our MP and try to persuade her to take this matter up as a serious debate for the House of Commons. I think she has a soft spot for my hubby ;), so that may not prove as difficult as it sounds. I am determined to push this as far as I can go, and my local TS when I have some definite answers will get a pointed letter telling them the error of their ways. They should go away and read the law before they advise.

 

 

 

Keep going my friend. I shall watch your thread with great interest.

 

maggiebroom :)

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I spoke to my MP about all this on Thursday last week. He was sympathetic too (and he is a junior minister in the treasury to boot) -keep the pressure on, maybe we can get a serious debate.


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

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

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

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

 

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

 

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Just a thought

 

Is there an election coming up soon? ;)

 

maggiebroom :p

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Remember the "Free the Weatherfield One!" campaigns that sprang up across the country resulting from a storyline in Coronation Street and Tony Blair even made comments on Deirdre's trial in the House of Commons!!??

 

Well, you would think our cases would be important enough to raise in parliament too as that wasn't even real!

 

Gordon Brown said he is going to give pregnant mothers £150 towards buying fruit... You bet there's an election on the way!

 

By the way, Maggiebroom, if you do pass my OFT letter to an MP then just pm me for my name and address to go with it too as it will add more substance and i would be happy to do that for sure! ;)


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi again Davey

 

I am still waiting to hear from my MP but when I do I will most definitely pass on your name and anyone else who wants to add their name to a sort of mini petition to go with the letter.

Anyone who wants just PM me your name and address and I will add it to a list at the bottom of the letter.

 

This could be a good way of getting this publicized. However remember she may not want to be involved with a letter like that, but she may advise as to how we go about it.

Whatever I will do my best to persuade her to go along with it.

 

maggiebnroom :)

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After 6 months since my first CCA request to Halifax, they have finally replied with a totally pathetic attempt! This is proof to me that they just don't have the agreement. I would love to take them to court but i just don't have the money at the moment so i am reporting this to the FOS instead for now:

 

Dear Mr x,

 

I refer to your recent communication (the LBA in other words) and enclose a list of charges between June 2006 and August 2007.

 

Yours sincerely,

 

Garry Crawford

Team Manager, Customer Services

 

http://i157.photobucket.com/albums/t42/davey77_2007/Halifax1copy.jpg

http://i157.photobucket.com/albums/t42/davey77_2007/Halifax2.jpg


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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My reply to Halifax:

 

Dear Sir/Madam,

Thank you for your recent communication dated 13 September 2007 in reference to my original request dated 21 March 2007 under the Consumer Credit Act 1974 (s77-79).

 

Unfortunately you seem to be completely unaware of what is required to be supplied regarding the above request as all I have received from Halifax in the six months since my request was included in your recent letter. Namely, a list of charges that have been applied to the alleged debt.

 

This is completely unacceptable as a suitable reply as laid down in the Consumer Credit Act 1974 and OFT guidelines as sections 77-79 of the Act requires the creditor/owner to provide the debtor/hirer with a copy of a properly executed agreement and a statement of account on request.

 

As you have been unable to supply an agreement and after having been given 6 months and numerous reminders in writing to allow you to produce an agreement I must therefore assume that no such agreement exists and therefore do not acknowledge any debt to Halifax plc or Blair, Oliver and Scott.

 

It was my intention to proceed to court regarding this matter as you will have been made aware of from my Letter Before Action to you of the 21 August 2007 but as my finances do not permit this action i am reverting the matter to the Financial Ombudsman Service with immediate effect.

 

Please be aware that a complaint has already been sent to Trading Standards and also the Office of Fair Trading regarding the failure by Halifax to supply an agreement and also other infringements of the Consumer Credit act 1974 and OFT guidelines.

 

A separate complaint has also been sent regarding the behaviour of Blair, Oliver and Scott in their failure to produce an agreement, refusal to communicate and misleading and immoral tactics regarding their methods of communication and complete disregard for the Consumer Credit Act 1974 and OFT guidelines.

 

Also, the conduct of Blair, Oliver and Scott will be brought to the attention of a local MP by a colleague.

 

You should note that according to OFT guidelines:

 

“Creditor responsibility for third parties

1.9 If consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question. Our aim is to ensure that creditors do not ignore the unfair practices of debt collectors, whether in-house or external, acting on their behalf.”

 

Should this matter be escalated to the County Court I shall be bringing these and other offences to the attention of the judge and understand that the criminal offence committed in failing to supply an agreement within the statutory timeframe on 2 separate occasions (Halifax plc 21 March 2007 and Blair, Oliver and Scott 28 June 2007) is punishable by a fine for each offence to the amount of £2500 (£5000 in total.)

 

Please be advised that the above account is clearly in dispute and as such i suggest you adhere to OFT guidelines and the Consumer Credit Act 1974, specifically the following:

 

“h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment”

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.”

 

I hope this permanently clarifies the situation for you on how i regard the above alleged debt, your responsibilities as a legally abiding Creditor and your obligations towards consumers. I also trust that in the meantime you dissuade from inappropriate and unlawful requests for payment directly, or indirectly via Blair, Oliver and Scott, allowing the FOS to proceed with their investigation at their own discretion and protocol.

 

Any further communication that, in it’s content, infringes my rights under the above Act will be brought individually to the attention of the OFT and Trading Standards.

 

No further communication will be entered into unless suggested by the Financial Ombudsman Service.

 

 

Yours Sincerely,


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi davey

 

I have a couple of comments:

Please be advised that the above account is clearly in dispute and as such I require that you do not contravene the OFT guidelines and the Consumer Credit Act 1974, specifically by:

 

“h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment”

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.”

 

I hope this permanently clarifies the situation for you on how i regard the above alleged debt, your responsibilities as a legally abiding Creditor and your obligations towards consumers. I also require that in the meantime you desist from inappropriate and unlawful requests for payment directly, or indirectly via Blair, Oliver and Scott, allowing the FOS to proceed with their investigation at their own discretion and protocol.

Any further communication that, in it’s content, infringes my rights under the above Act will be brought individually to the attention of the OFT and Trading Standards and may be the subject of a prosecution under the Protection from Harrassment Act 1997.

 

No further communication will be entered into unless suggested by the Financial Ombudsman Service.

Otherwise, a great letter.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

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

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

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

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

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

 

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

 

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My reply to Halifax:

 

Dear Sir/Madam,

Thank you for your recent communication dated 13 September 2007 in reference to my original request dated 21 March 2007 under the Consumer Credit Act 1974 (s77-79).

 

Unfortunately you seem to be completely unaware of what is required to be supplied regarding the above request as all I have received from Halifax in the six months since my request was included in your recent letter. Namely, a list of charges that have been applied to the alleged debt.

 

This is completely unacceptable as a suitable reply as laid down in the Consumer Credit Act 1974 and OFT guidelines as sections 77-79 of the Act requires the creditor/owner to provide the debtor/hirer with a copy of a properly executed agreement and a statement of account on request.

 

As you have been unable to supply an agreement and after having been given 6 months and numerous reminders in writing to allow you to produce an agreement I must therefore assume that no such agreement exists and therefore do not acknowledge any debt to Halifax plc or Blair, Oliver and Scott.

 

It was my intention to proceed to court regarding this matter as you will have been made aware of from my Letter Before Action to you of the 21 August 2007 but as my finances do not permit this action i am reverting the matter to the Financial Ombudsman Service with immediate effect.

 

Please be aware that a complaint has already been sent to Trading Standards and also the Office of Fair Trading regarding the failure by Halifax to supply an agreement and also other infringements of the Consumer Credit act 1974 and OFT guidelines.

 

A separate complaint has also been sent regarding the behaviour of Blair, Oliver and Scott in their failure to produce an agreement, refusal to communicate and misleading and immoral tactics regarding their methods of communication and complete disregard for the Consumer Credit Act 1974 and OFT guidelines.

 

Also, the conduct of Blair, Oliver and Scott will be brought to the attention of a local MP by a colleague.

 

You should note that according to OFT guidelines:

 

“Creditor responsibility for third parties

1.9 If consumer credit licence holders choose to do business or continue to do business with third parties engaged in questionable fitness behaviour, then their own fitness will be called into question. Our aim is to ensure that creditors do not ignore the unfair practices of debt collectors, whether in-house or external, acting on their behalf.”

 

Should this matter be escalated to the County Court I shall be bringing these and other offences to the attention of the judge and understand that the criminal offence committed in failing to supply an agreement within the statutory timeframe on 2 separate occasions (Halifax plc 21 March 2007 and Blair, Oliver and Scott 28 June 2007) is punishable by a fine for each offence to the amount of £2500 (£5000 in total.)

 

Please be advised that the above account is clearly in dispute and as such i suggest you adhere to OFT guidelines and the Consumer Credit Act 1974, specifically the following:

 

“h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment”

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.”

 

I hope this permanently clarifies the situation for you on how i regard the above alleged debt, your responsibilities as a legally abiding Creditor and your obligations towards consumers. I also trust that in the meantime you dissuade from inappropriate and unlawful requests for payment directly, or indirectly via Blair, Oliver and Scott, allowing the FOS to proceed with their investigation at their own discretion and protocol.

 

Any further communication that, in it’s content, infringes my rights under the above Act will be brought individually to the attention of the OFT and Trading Standards.

 

No further communication will be entered into unless suggested by the Financial Ombudsman Service.

 

 

Yours Sincerely,

 

aNOTHER EXCELENT LETTER dAVY


If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Thanks HHNF! :):D


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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My complaint to the FOS re Halifax sent off yesterday:

 

DETAILS:

Wrote to Halifax 19th March 2007 (recorded delivery) asking for a copy of the credit agreement for the above account under the consumer credit act 1974 (77-79). I did not receive any reply.

On the 24 May 2007 received a letter stating that Blair, Oliver and Scott (Halifax in-house debt collection agency) had been passed the above account.

I wrote to Blair, Oliver and Scott 24 May 2007 explaining that Halifax were in default of the above request as of around the 6 April 2007 and that i did not acknowledge any debt to either Halifax or Blair, Oliver and Scott.

On 28th June i sent another CCA request to Blair, Oliver and Scott (recorded delivery) who have ignored that request.

The only reply vaguely relating to my original request was received 15 September 2007 consisting of a four line printout of charges. No properly executed agreement has been received by myself at any time.

Informed Trading Standards 30 May 2007 who have taken no action that i am aware of.

 

WHAT I WANT:

Supply a properly executed agreement, statements of account from application date to present, Terms and Conditions relevant to application date: in other words, fully compliant in every respect to the Consumer Credit Act 1974 or written acknowledgment that they are unable to do so within a short time frame.

 

OTHER INFORMATION:

I understand the Ombudsman prefers a final response from an organisation before a consumer complaint is made but in this instance I have found that impossible due to the complete lack of communication from Halifax. They ignore all correspondence and refuse to reply in a professional manner to any detail or requests made to them.

Likewise, Blair, Oliver and Scott refuse to acknowledge letters or correspond with me on this matter.

 

I have spent six months trying to illicit a response from Halifax and recently threatened court action but my finances do not permit that at the moment so am relying on the Ombudsman to resolve matters.

 

I enclose with this complaint copies of the correspondence since my original CCA request in March 2007 and as you will see I have been generous in allowing enough time for Halifax to comply even though they have committed a criminal offence in not supplying the relevant documentation within the statutory timeframe.


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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In the post today:

 

From Blair, Oliver and Scott (exactly the same letter as of the 4th Sep (post 194 of this thread!). Guess they have run out of letters?! :)

 

From Mint:

 

Dear Mr x,

 

Further to our letter dated 31 August 2007, your concern had been passed to me for attention. I am sorry you are dissatisfied with our reply and the information sent.

 

My further review of this matter is taking longer to complete than i anticipated and i hope to be able to send you a full reply in the next 10 days, sooner if i can.

 

Your patience is appreciated at this time. My telephone number is above if you need to speak to me in the meantime.

 

Yours sincerely,

 

Heather Compton-Edwards

 

... and from Crap1:

 

Dear Mr x,

 

I am writing in response to a letter recently received from the Financial Ombudsman Service about your complaint.

 

I understand your complaint is about the fact that you don't believe we have sent you a true copy of your credit card agreement, as requested under the consumer credit act 1974. The FOS has asked me to send you what we call a final response to your complaint, which is in line with our complaints procedure.

 

Once again, I enclose a copy of your signed credit card agreement. This is supplied in accordance with the consumer credit act 1974, Section 78 (1). You have stated that we have not supplied you with a true copy of your agreement. The copy agreement enclosed clearly shows both the signature of yourself and that of the athorised signature of Capital One. Under the consumer credit (Cancellation Notices etc) Regulations 1974, reg 2, it states there may be excluded from a copy agreement, the signature and date of signature. We believe therefore, that we have complied with your request appropriately.

 

I hope I've explained things clearly and we can now end this matter. Financial regulations require me to advise you that this is our final response to your complaint and if you are still unhappy with our response, you now have the option of contacting the FOS witin the next six months. Their address is in the leaflet I've included with this letter.

 

Yours sincerely,

 

Ellie Renshaw

Executive office Manager

 

There wasn't a leaflet in the envelope!! ;) But there was (again) the application form and she has highlighted in yellow the signatures and the credit agreement wording at the top.

 

http://i157.photobucket.com/albums/t42/davey77_2007/CapitalOneCCAApplication.jpg


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Hi again davey

 

I have four little bits of paper from Crap 1 that look just like that, and they claim they too are properly executed agreements.

 

Paper the loo with them like I am doing :D

 

maggiebroom :D

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It is quite clearly an application form - it says so in big letters at the top. This is a pre-contact document and proves nothing. To be enforceable it must have your signature and all the T&Cs on the same page - this will not do.


Steven

 

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Totally agree with you there. And thats what i have been telling these dummies for months but they refuse to agree with with me (surprisingly). It has none of the prescribed terms and conditions, is pre-contractual etc. I spent last weekend going through OFT guidelines on agreements and there is no exemption to this rule.

 

Not sure how the FOS work now though. I imagine they will write to me to ask whether i agree with Crap 1's response or not?


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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Its totally unenforceable as no prescribed terms. It does not include any of the prescribed terms and therefore is unenforceable as S.127(3) of the Act bars the court from making an enforcement order under section 65(1) in a case where there is no document containing all the prescribed terms that has been signed by the debtor.

Wilson v First County Trust Ltd [2003] UKHL 40 states that:

‘….the effect of the failure to comply with the requirements of the Consumer Credit (Agreements) Regulations 1983 was that the entire agreement ………….. was unenforceable. The statutory bar on its enforcement extended to FCT's right to recover the total sum payable on redemption, which included the principal as well as interest.’

And further that :

“The message to be gleaned from sections 65, 106, 113 and 127 of the Consumer Credit Act is that where a court dismisses an application for an enforcement order under section 65 the lender is intended by Parliament to be left without recourse against the borrower in respect of the loan.”

 

If FOS says differently ask them to show you where the prescribed terms are on the agreement and quote you the case law that supercedes the House of Lords ruling in Wilson

  • Haha 1

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Hey maggiebroom.. I shall do as you suggest and hang those bits of paper up in the loo for the right occasion! Just hope the ink doesn't come off!

Mind you, the recent romance is at an end now thanks to a text message received yesterday and as nobody is going to see my bottom these days i guess it won't matter much! :rolleyes:


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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