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UTCC in conjunction with CCA's, is it possible?


adarling2006
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same here i would like to know i have gone through the cases and with this one it seems like the right track i am trying to remove about 18 defaults most of them through blenheim finance and morgan stanley who incedently defaulted me during a ppi insurance payout so i am trying to find the right terms where i can mount a defense by using the reality of consent in conjunction with the mis representation act they are linked to this uutc1999 and i think its now a matter of putting it all together now...even though i cannot begin any prosecutions just yet my illness stops me as stress can cause my heart to fail so when i have my bye passes on my heart and stomach i will come out fightin,that means trouble cause im so bullheaded when i have a point to make..but my bigest bugbear at the mo is REALITY OF CONSENT and the t and c of sharing data i want to see an end to this unfair contract

 

Don't let them stress you out, especially with your condition man! We are definitely thinking along the same lines here, reality of consent coupled with the misrepresentation act seems a very good idea, one i have been pondering for a while now.

 

I think the problem you will have is the level of defiance the banks will put up against this, from their point of view it is an extremely dangerous precedent to be set if you were to successfully argue this case in court and win, for that reason alone i would think they would settle out of court and give in to all your demands.

 

Out of interest, on all these accounts they have defaulted you on have you claimed back the charges? i only ask because in my opinion the easiest way to get defaults removed is to attach them to your POC's when you file your claim for charges, when the banks settle insist you will not accept unless the default and adverse credit data is removed, they cave every time!

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i have nt gone to court yet made a couple of sar requests but the barclays one i made they just sent gobbledy gook dont really understand it too much but this was an ordinary bank account that went into unauthoriased overdraft no contract as such well no contract period and morgan stanley who only sent statements and this is when i noticed the defaults whilst the insurance was in operation so how they defaulted me was down to the insurance company being slow in paying out as for blenheim finance i am awaiting my ops then **** will hit the fan cause i do not want money from them i want their licence to trade because of the underhand way they went about things ie debt collectors and debt collectors persistantly i even had the claim struck out yet within 1 month they had it reinstated and won,,all this was before the this site came on line i was one of the origional members of the BANK ACTION GROUP back in 1992/3 then it fell apart cuase not enough people were interested then and the internet was a bit iffy then so as you can imagine i have a big one against the nat west which will also be brought up that one they have an deed against my prpoerty so i am determined to get that sorted also i have things here that the nat west sent me by fax such as skeletons siting next to a computor with a guy with a breifcase saying bank manager the skeleton had a spiders web attached to it and all over the comp as if to say your dead and buried so you can imagine well u cant really i hit the roof as i was in italy at the time my office accountant got the fax,nedles to say the manager was moved to another branch and assistant manager demoted,but they have admited it came from their management team (libelous)they admitted to a local newspaper that they had apoligised to date i have nt seen any apoligy...so in feb 1993 i gave them ten days notice to prosecute otherwise i deemed the contract to be null and void...have nt heard from them since and i have nt raised the isue and last i heard was they were charging 4.99 a day intrest till account paid up,,,also i was forced into a bankrupt position because of it all...but i will get their one day be like a ton of bricks coming of my shoulders

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bloody hell, you really have been in the trenches then! Your health comes first though, have all your opps, get better then give em hell to pay for what they have done to you. Let me know when you start proceedings, email me your threads etc will be glad to lend a hand and support!

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subscribing:)

 

 

hi maybelline,

 

you've been busy! first posting on the credit agreements thread, then daves thread and now here, not stalking me i hope!! lol

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I know - but dont tell Peter

 

 

 

lol, lips are sealed! ;)

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just to update this thread, i have registered a complaint about the HBOS actions on the account tp the FOS so as that is in progress i won't be issuing court action til that is finished. I've recieved nothing back from the HBOS and they closed the account. Once that is done i will need help to draft up a suitable POC challenging the HBOS terms and conditions which are unfair. This is what the OFT seem to be doing in the High court as well.

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i think shawn can answer this dont forget your the t and cs sharing data and also include you want a true breakdown as to how they arrive at their figures and how the calculate these figures lol that ll set the cat amongst the pigeons you will get paid out no doubt good luck

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