Jump to content



  • Tweets

  • Posts

    • I cant remember the square meter price, we paid just under £800 total, the price included underlay and fitting.   1. The carpet is in the living room 2. The damage is in the areas with traffic, some areas are worse,      there is an area of damage running parallel with the skirting for about 1 mtr, this area has no traffic. 3. The deposit was bank transfer and the balance credit card.     Regards
    • Laptops sent to schools for pupils who don't have a computer may have malware on them, as some schools are finding.   https://www.theguardian.com/education/2021/jan/21/malware-reportedly-found-laptops-children-england   Jolyon Maugham is also investigating the price paid to Computacenter, owned by a Tory donor, which appears to be too high. Some of the laptops have arrived without the sound facility which means children can't participate properly.
    • https://ourworldindata.org/         https://ourworldindata.org/coronavirus-data-explorer?zoomToSelection=true&time=2020-03-01..latest&country=USA~GBR~ISR~DEU~ARE~ARG~FRA&region=World&vaccinationsMetric=true&interval=total&perCapita=true&smoothing=0&pickerMetric=total_vaccinations_per_hundred&pickerSort=desc  
    • I find it difficult to imagine that they actually want to "repossess" the property. Presumably there is nothing in the lease which says that service charge debts are automatically secured on the property. You haven't told us anything about the value of the property as opposed to the value of the service charge which is being sought. To a certain extent it's outside my experience – but it seems to me that this would fall under the heading of an ordinary debt. Of course if they obtained a County Court judgement, then they might eventually be able to enforce it against your assets – one of which would be the holiday home. So I think you ought to give us a bit more detail and also post up the claim form in PDF format please
    • Government officials are advising UK companies to set up shop in Europe to avoid problems with red tape and taxes. Unbelievable.   Was Brexit meant to create jobs in Europe?   https://www.theguardian.com/politics/2021/jan/23/brexit-hit-firms-advised-government-officials-set-up-shop-in-eu
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Credit AGREEMENT -or- APPLICATION?


Please note that this topic has not had any new posts for the last 3040 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I would say no.. it isn't a credit agreement, but there again I am currently going through the same thing with a couple of companies... someone will reply soon that is a bit better on these thigns than me, but I would say there are definately things missing there... APR, their signature, payment terms... there must be more missing... this is purely a torn off part of an application form.... as far as I can see that is.... sorry i cannot help more... :)

  • Haha 1
Link to post
Share on other sites
  • Replies 650
  • Created
  • Last Reply

Top Posters In This Topic

As pudster says there are key things missing namely interest rate, credit limit and repayments. It's not a compliant agreement.

 

My concern here is that they may have simply made a poor copy, they may have the full thing. In this instance I'd personally be inclined to write back asking them to try again.

 

Regards

 

Lantana

Link to post
Share on other sites
As pudster says there are key things missing namely interest rate, credit limit and repayments. It's not a compliant agreement.

 

My concern here is that they may have simply made a poor copy, they may have the full thing. In this instance I'd personally be inclined to write back asking them to try again.

 

Regards

 

Lantana

It does say 'Detach Here' 'Reply Card' so it may be all they have....

Link to post
Share on other sites

Hi

If this is all they sent you then under where it says this is a consumer credit agreement you should write.

"Oh no it isn't" and send it back.:)

 

Peter

  • Haha 1

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

HI Sorry my last posting was a bit inprecise.

The statement "I Have read the T and Cs etc" is not the correct form for a regulated agreement as all prescribed terms and conditions should be on the same page as the signature box and not interspersed with other material. So this document is not a correctly executed agreement even if the prescribed terms are elsewhere.

 

 

Regards

Peter

  • Haha 1

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

HI

 

Yes its on the agreement regulations S.I.1983/1553 i think or the 2004/1482 updated ones.

 

(e) under the heading “Key Information”—

(i) the information set out in paragraphs 20 to 24 of Schedule 1 to these

Regulations; and

(ii) the statements of protection and remedies set out in Schedule 2 to these

Regulations; and

(f) the signature box and, where applicable, the separate box required by paragraph

(7)(b) below;

and such information, statements of protection and remedies, signature and separate boxes shall be shown together as a whole and shall not be preceded by any information apart from trade names, logos or the reference number of the agreement or interspersed with any other information or wording apart from subtotals of total amounts and cross references to the

terms of the agreement.

This is the latter one although the 1983 one is simillar

 

Cheers

Peter

 

Peter

  • Haha 1

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites
Thankyou, that is a big help, will keep informed, regards,

rinkydinkydoo:D

 

Rinky

 

look at my Amex thread for background

 

Z

  • Haha 1

[sIGPIC][/sIGPIC]

Link to post
Share on other sites
Just going back to the original reason for this post , RBoS have still not sent me the standard, "we're missing your payment letter"!

 

Of course, i'll scan & post if they do, BUT... It's all gone quiet!!!

 

Update... They called today from... 01582 630 015 purporting to be, "Mint Customer Satisfaction Team". Presented the whole thing as being a survey. It was obvious they were "fishing", I threw into the conversation that i'ld contacted Tameside Trading Standards (at which point her keyboard went into meltdown)!

 

I wasn't going to argue this when they presented the copy of the application which started this thread, but it seems that it's fortunate that YBS accidently cancelled their payment (all this is viewable above!) when I asked them to cancel a different payment...

 

What I find strange about this whole thing is, when I cancelled the payment to LTSB/BLS because they actually admitted straight off that they couldn't supply any agreements, they were on my case straight away. Now with this, RBoS (Mint), haven't had a single moan about the first missed payment (and it'll be the second tommorow), just a 'phone call fishing for information... What have they got to hide...???

 

Do I need to scan & post a copy of the letter to Mint that started all this?? I've just re-read the original letter from me and there was a charges refund request in there to...

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Link to post
Share on other sites
Guest willowb

What do you think they are fishing for? let's see the letter?

thanks for the click btw:)

 

HI Sorry my last posting was a bit inprecise.

Yes, but very funny:D

 

Wxxx

Link to post
Share on other sites
Hi , I Hope I,m Not Hijacking, I Am So Confused, The More I Read The More Confused I Get, Is This A Copy OF A CCA

MONUMENTEE.jpg?t=1174987630 Of A Credit Agreement, :confused:

 

Hi

 

The document you have posted up is IMO 100% an application only and definitely not one of those 'grey area' application/credit agreements that are causing problems.

 

There are no prescribed terms whatsoever!!

 

Because I have a wicked streak, I would write and ask them to send a copy of your actual agreement and advise them that if they are unsure which document they should be looking for, that it is the one that has all the prescribed terms, other required terms and statutory statements and is signed by both lender and borrower! :D:D:D

 

It is tempting to accept this piece of cr@p as all that they possess but it's wise to give them another chance, just in case they do have a proper agreement and might produce it at a later date!

 

Regards, Pam

  • Haha 1

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

Link to post
Share on other sites
What do you think they are fishing for? let's see the letter?

thanks for the click btw:)

 

 

Yes, but very funny:D

 

Wxxx

 

Here's the original letter that started all this off!

 

SWScan00032.jpg

 

 

I can post their reply if need be?!

 

Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

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

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

Link to post
Share on other sites
Oh yes that thread... the one that proves the more you know the less you know paradox :p

 

That's the thread :D

 

Oh and its 250 + pages now Pam :roll:

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

hi all

some of you may have seen me before, so i'm sorry if i've reapeted anything

 

i was made redundant early jan this year and all the creditors seemed to pounce, only cap one (which i didnt expect) had the good grace to allow six months payments of £1 and no charges or interest added, the rest started getting dirty, monument (formally providian), have now gone to mercers, and its these which are giving me the most grief, i asked for my agreement and this is what they sent me, its similar to rinky's, but its on monument paper and monument T&C's but i opened account with providian, and never received new agreement with card when it changed in 2002, or new agreement in 2005 when they sent me a new card, mercers have told me they will be taking me to court soon, i told them that i was getting help from DAWN Advice Ltd, and they would be dealing with monument, but they had a 5-6 week back log, mercers said i'd better tell them to hurry up, cos i would be in court before then...

i've highlighted some area's

 

mrxxxmas

Doc2.doc

Link to post
Share on other sites

thanx seahorse

i've been told, that as long as i keep paying £1 per month and sending currant income/expenditure sheet, no judge would force me to pay more, is this correct, they also said that monument would proberbly sell account before it go's to court, if this isnt agreement, and they dont have anything else, what about my right to Data Protection, no agreement, no signiture, cant give my details to third party, or sell it? is this right? what about defaults being removed?

 

mrxxxmas

Link to post
Share on other sites

First of all, write them a letter stating that you didn't ask to see a copy of the application form, you want to see a copy of the agreement, as stated in your original s77/8 request under the CCA. You do not accept this as an agreement and that they haven't complied with your request. Tell them that you will be suspending payments until such a time as they can provide you with a correctly executed agreement. State that until that time this account is in dispute and therefore cannot be sold.

 

Give them some harsh words back, but stay this side of the line. Just make sure you mention 'until they comply' a couple of times so that a judge will see you're being reasonable.

 

The default issue will require more work, but if they are not forthcoming with the agreement thing you can issue (erm, the quote escapes me) to stop them processing your data.

 

Go for it Santa!

Link to post
Share on other sites

Ooohhhh, it's a minefield, but do-able. Depends whether you want a quiet life, or want to poke a stick into the hornet's nest and shake it about.

 

If Monument DID sell it on, it would probably end up with Cabot. And as you already have a copy of what they laughingly call a properly executed agreement, your first letter to that shower should really be, Prove it!

 

If Monument won't accept that this is all you can pay, and think they stand a chance in court with this, I'd say you have nothing to worry about. And as they will be well aware that they stand no chance then, yes. They probably will try to get best price for it and lumber some other sucker with it.

 

Are you reading this Mr Maynard? I'd steer clear of this one if I was you. Oh, wait. You just buy a huge portfolio of accounts with no idea of what's in there. Must be Christmas every day in your office, eh Ken? ;)

  • Haha 1
Link to post
Share on other sites

thank you both seahorse and m

 

i dont mind shaking a stick anywhere, and its all come about from being made redundant, so its a bit ironic really, i wouldnt have found this site had it not been for these vultures, and of course plenty of time to kill....

 

mrxxxmas

Link to post
Share on other sites
Good luck Mrxxxmas. I think a stick in a hornets nest can be very productive and might even be financially rewarding

Not to mention thoroughly satisfying!

  • Haha 2
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...