Credit AGREEMENT -or- APPLICATION? RBS Advantage Card

[davefirewalker]

Hi louis

 

looks like theres no getting out of that one ...sorry

 

Dave

[Guest louis wu]

Could you here me clutching at straws lol

 

Still can't win them all

 

Louis

[redsue]

thanks for the click louis wu - bad luck with your agreement - there are so many slight variations I think it's always a good idea to gain opinions from our resident experts here!

[rinkydinkydoo]

Yes bad luck, it must be gut wrenching, at least you tried. I have had a lovely letter off Aktiv Kapital after Intrum jsutitia told me they didnt have it and would pass it back to Aktiv even though it is in dispute,

here goes, this is the scare tactic letter they sent me,

They are saying they have requested a copy of the origional cca under the consumer credit act 1974 section 77/78, but they were unable to retrieve it as it is an aged debt.

 

This is the good bit, lol,

As you have made payments towards discharging the balance there can be no dispute of the balance, (PROVE IT I SAY TO MYSELF, THE CHEEK OF THEM) hence we do not see the relevence of the copy application form, (and the rest they should send) with respect you should have kept your own copy. The b....y cheek of them.

They have got me so wound up, I,ll not back down, lol.

I have had some help in composing a letter, I,m off to the post right now,

[redsue]

hence we do not see the relevence of the copy application form

so why send it? Idiots!

with respect you should have kept your own copy

yes, and with respect, you should have kept yours - you planks!

 

 

seems like you have them on the the ropes

[rinkydinkydoo]

Yeah, great isnt it?

[Guest louis wu]

Yes bad luck, it must be gut wrenching, at least you tried.

 

 

Your right, it is a bit, but the satisfaction of seeing so many others giving them a bloody nose is VERY SATISFYING lol (still may have a little ace up my sleeve though;) )

 

 

Good luck to all of you, don't let the bxxxxxxs get away with it.

 

Louis

[davefirewalker]

If they dont see the relevance I would point them at the consumer credit act.

without the original documentation they have no legal right to pursue the debt. The fact that you have been making payments is in itself irrelevant. you could have been under the impression that you actually owed this. They need the docs to get a court to enforce, and without the docs they couldnt issue a default either.

[rinkydinkydoo]

Thats the attitude we want, dont give up too easily, all they do is sit in front of a screen and dish out standard letter most of the time, first class idiots most of them seem, it shows when they send out letters full of trash.

Keep up the fight louis wu;)

[joneshousehold]

Your right, it is a bit, but the satisfaction of seeing so many others giving them a bloody nose is VERY SATISFYING lol (still may have a little ace up my sleeve though;) )

 

 

Good luck to all of you, don't let the bxxxxxxs get away with it.

 

Louis

 

I would still challenge them on the grounds of illegibility. If the copy isn't legible then how can you be sure the original was any more legible.

 

Have you checked the whole thing against the OFt guidelines?

 

Also if you can't remember getting any notice about cancellation ask them to prove they sent it. If there is no proof they sent such a notice then the agreement is doomed!

[Guest louis wu]

Also if you can't remember getting any notice about cancellation ask them to prove they sent it. If there is no proof they sent such a notice then the agreement is doomed!

 

Thanks JonesHH

 

I have sent a SAR's request to the original lender (now in the hands of DCA), plus a couple of other 'spanners' to throw in the works. I havn't rolled over yet lol:-)

 

I am a bit like a terrier with a sniff of a bone, I won't give up lightly. I would like to add, this is not about 'winning' or 'getting rid of the debt', the DCA (as with all of them) came on the scene with all guns blazing, making threats on the first phone call. They didn't realise I had more than an inkling about my rights, even if the CCA was not a strong point, I knew about their bullying tactics. Needless to say, they don't phone anymore, but they need to be made aware that we (the general public...or at least CAGers) will NOT put up with it anymore.

 

So, we will run with this, and even if it doesn't go in my favour, I will be just one of many (hopefully) who will make life hell for them, and check that they cross every t and dot every i, because one mistake by them and I will spot it and cause them problems.

 

Louis

[joneshousehold]

Way to go, Louis!

[Laiste]

Hi everyone!

 

Superb thread, which will be beneficial to anyone who wants to take the fight to the next level and ratchet up the pressure on the banks and credit card companies!

 

As some of you will be aware I am set to go to trial against HFC next month. They are seeking to enforce an agreement with an 85% illegible application form, that contains no prescribed terms whatsoever! Oh and they sent along with the illegible application,.....you guessed it, illegible T&C's! I think they just fancy a day out and Court can certainly be entertaining! It will be next month, that's for sure! Who am I to deny them the opportunity to make complete idiots of themselves? I am more than happy to oblige them!

 

I think their solicitor is well and truly out of her depth, I don't think she has anything more than a passing acquaintance with the CCA 1974 and Regulations made under the Act! According to her the fact that payments have been made is evidence of the agreement, comical I know! I think she's confusing consumer credit law with the ordinary principles of contract law, time for her to go back to law school me thinks!

 

Anyway, the main reason I am posting this message is to say that next week I am purchasing the bible on the CCA 1974. It costs over £900 but it is a worthwhile investment as it covers every area of consumer credit and will hopefully clarify some of the areas of difficulty and contradiction that exist in this far from straightforward Act. It is updated 3 times a year, so changes and developments will be covered which will be helpful, particularly as the 2006 Act will change key provisions. I don't know if I can post up the details of it, so I will wait to be given permission, like a good girl! It may be something that some of you will be interested in purchasing, which is why I thought it best to mention the price, because it is quite steep. That said, it goes without saying that whatever useful info I find in it that will benefit people, I will post up here.

 

Knowledge is without a doubt, POWER! Keep up the great work everyone!

 

Regards to all,

 

Laiste.

[Cornucopia]

Hello everybody, may I post the story of my "agreement" on here, it's quite interesting (well I think so!), please bear with me all of you who are familiar with my MBNA thread and know this already!

 

I received from MBNA :

 

A copy of the application form (with barcode stuck over some handwriting) which I know is recently added as they had already sent me a copy of this form, without the barcode.

 

The top of a credit card mailer that has Mr Corn's name, address and credit limit (except this is our current address, not the address when the card was taken out and the credit limit at the time the account was sold, nowhere near the credit limit when it was taken out). This has also been covered with stickers or post it's to blank out info prior to photocopying, this is clearly evident.

 

Below that, is the CCA Agreement, this has clearly been cut out and stuck on.

 

The following page is a continuation of the CCA Agreement but the signature boxes have again been covered up with stickers or whatever prior to photocopying. This page also has a set of apr's.

 

The next is half a page of photocopied T&C's, this has a completely different set of apr's.

 

I think we can conclude if that was produced in Court, the Judge would want to see what the original document comprised of. Which they obviously haven't got.

 

In my personal opinion, this frankenstein agreement is nothing short of fraudulent.

 

Any comments?

 

Regards,

 

Corn x:)

[Guest louis wu]

I wish mine was like yours lol

[Cornucopia]

I wish mine was like yours lol

 

Oh bless you Louis, so do I! I just read your posts!

 

Still maybe you should do an MBNA and ask your five year old to make up a "true agreement", send it back to them and tell them that this is how it should be done!

 

Do unto them as they do to you is how I see it!!! LOL!

[zubo]

Hey Corn,

 

you are lucky. Twice I have read posts of the magical trick they perform. this week it was my turn: As requested we have enclosed details of your statement information....

 

err nothing

 

this time we have rturned your cheque and provided this free of charge as we have not treated your request as a formal data subject access request. Should you wish to make a full data SAR send £10 and complete the attached non existant form..... + photo-id + inside leg +... absolute b######ocks.

 

Letter forming in my brain and complaint to ICO and TSO

 

Z

[ladybird17]

beggars belief doesn't it?

Hey - I thought Mrs. Zubo had you under wraps for the Easter weekend?

 

Off the hook then;)

[zubo]

beggars belief doesn't it?

Hey - I thought Mrs. Zubo had you under wraps for the Easter weekend?

 

Off the hook then;)

 

She has had me slaving over the chores - just managed to cut the lawns and do a little bit of cutting back the jungle in my borders.... bugger I am knackered.... but this evening she got distracted so I sneaked into my office..

but she will be shouting at me soon...

 

Z

[ladybird17]

aah, but she loves you really!

[zubo]

aah, but she loves you really!

 

 

she is pretty sure she does not!!

 

but she does enjoy abusing me... so that is almost the same.... isnt it??

[Cornucopia]

aah, but she loves you really!

 

Yeah and if she doesn't you'll be straight in there with sea bass and wilted spinach and Mrs Zubo won't know what hit her...........i've got your number you bleedin' harlot!!

 

Anyway Zubo, back to the issue in hand. Have you not got an MBNA thread? I don't recall seeing you over there! This is common tactics with them, we have all been advising the newbies to include ID with their SAR's to avoid such situations.

 

Tell them to bog off.

 

I did that, got a very polite letter back telling me they will comply a.s.a.p. I think this is because I threatened CC for non-compliance. We are nearly at 80 days, I have filed at CC and still nothing. Also, and the hilarity kills me, they have started filing defences for non-compliance! What?! "M'Lud, we haven't complied because the dustmen came". LOL!

 

As I said on my thread, they are going through the contents of the shredder and giving it large with a pritt stick (I said PRITT Bird!!!!).

 

Bankers!!!

[Cornucopia]

She has had me slaving over the chores - just managed to cut the lawns and do a little bit of cutting back the jungle in my borders.... bugger I am knackered.... but this evening she got distracted so I sneaked into my office..

but she will be shouting at me soon...

 

Z

 

Hmm, can you come round to mine????

 

I've got some borders that need de-jungling.

 

Bird.............shut up.

 

:D:D:D:D

[InKogneeToh]

Hi all

 

Can anyone help this member upload a viewable copy of a credit agreement please.

 

Cheers, Pam

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/64833-what-should-i-do-4.html#post711157

[InKogneeToh]

I wish mine was like yours lol

 

Hi, my inbox now awaits