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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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CCA Agreements (Mark II) PLUS any other topic


InKogneeToh
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Hi all

 

This thread is for the general informal discussion of consumer credit agreement issues PLUS any other related or unrelated conversations and remarks on any topic. Any input from the several (formerly) regular contributors to the first CCA thread who have decided not to contribute to that thread at present will be most welcome here!!

 

 

 

N.B. Anyone who wishes to see only CCA agreement related posts in a thread should stick to the first one!

 

Regards, Pam

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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

 

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hey Ink - just subscribing, and thank you!!!

 

Perseus the perishable (lol) :-)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Ok, so maybe I could ask the first question on here???

(oh, its about a cca, is that alright? hehehe)

 

If Crap1 have sent a recent copy of their T&C's (post april 2006) in their response to my cca rqst of 12th March, and incomplete SAR details too (that I can handle), should I give them another attempt at providing the cca, as the account is closed, paid up by insurance on disability cover, and has a default registered with CRA's...

 

Any clean suggestions please?

 

P

:)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi Perseus and welcome to the thread! :D

 

I just hope this one is left alone because otherwise it's likely that many CAGers will not get the help of some of the wonderful and knowledgeable people who WERE helping out on the 1st CCA thread!

 

As to your question, the T&Cs supplied under the CCA request should be the ones applicable at the time the agreement was signed. I assume it was an 'agreement' and not just one of their 'application' forms?

 

You could try something like:

 

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on .... for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form and some recent terms and conditions.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

I would therefore be obliged if you would send me a true copy of these documents as soon as possible.

 

Yours

 

 

 

Regards, Pam

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.

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Thanks Ink,

 

They have literally provided a foolscap page 2 sided of current terms and conditions with some details of aprs and other prescribed terms. But - it looks like a generic info sheet, nothing specific regarding my other half, no address, name, account/agreement number, amount, signatures of either party, when or where agreed, nothing at all. Looks like something that would be included in a mailer (but not one - no space for a card etc).

It's not personal to my OH's account what-so-ever (or anyone for that matter!)

 

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Hi Pam in glorious Devon - & isn't it glorious today?I love it when the weather is nice at this time of the year. It's very glorious here, too and the sea is like a mill pond.

 

Did you have a good weekend?

 

OK, hands up, my tongue is in my cheek!!

 

I directed someone to the CCA thread yesterday where he has posted something that needs an answer - I shall re-direct him here!

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Hi Perseus and welcome to the thread! :D

 

I just hope this one is left alone because otherwise it's likely that many CAGers will not get the help of some of the wonderful and knowledgeable people who WERE helping out on the 1st CCA thread!

 

As to your question, the T&Cs supplied under the CCA request should be the ones applicable at the time the agreement was signed. I assume it was an 'agreement' and not just one of their 'application' forms?

 

You could try something like:

 

 

Thank you for the information you sent following my request under the CCA 1974.

 

However, I made a request to you on .... for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form and some recent terms and conditions.

 

A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. Any separate terms and conditions (which should have been referred to in the original agreement) should also be provided to me and must be those applicable at the time that the agreement was signed.

 

I would therefore be obliged if you would send me a true copy of these documents as soon as possible.

 

Yours

 

 

 

Regards, Pam

 

Hi

I totally dissagree what a load of rubbish.:D :D

 

Kidding

 

That the sort of thing you mean

 

and leave my spelling alone

 

Peter

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

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OK, hands up, my tongue is in my cheek!!

 

 

Hi LB

 

Glad to hear your tongue is behaving itself today and not in someone else's cheek!! :D:D

 

I've had a good weekend thanks, totally off topic and off my rocker! :eek::wink:

 

The weather here is bright but cooler than of late and I'm supposed to be out jet-washing my patio but as usual I'm glued to the PC!

 

Direct anyone here that you like - for as long as it lasts!

 

Term reckons this thread has a 'shelf life' of about 4 hours!

 

Any further bets? :rolleyes:

 

Regards, Pam

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.

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Hi

I totally dissagree what a load of rubbish.:D :D

 

Kidding

 

That the sort of thing you mean

 

and leave my spelling alone

 

Peter

 

Hi Peter

 

As a special introductory offer I shall make no remarks about your smelling (sorry - spelling mistake! :rolleyes:) for the first 10 pages of this thread - assuming it even gets to 1! (Howzat?!)

 

Good to see you here anyway! :)

 

Regards, Pam

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.

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hmm, well, the first time I'd tried to get to it I gave it all of nil minutes!!

 

Yeh, maybe until later this evening. That Peter bloke got in quick didn't he - we can get the pins out again :D :D

 

But then he's just a bloke, he probably doesn't understand what I'm talking about, he might be in the shed with his tooth floss, oh no, sorry, plaque.

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Guest Battleaxe

Hah ha, Her we are again, didn't take long to wander over. I see the MODS have been busy again today with there little black censorship pens. I bet they are watching this thread with beady little eyes just waiting to pounce.

 

My life is complex enough without having to stop the frivolity which creeps in. Hell, just back from Kent having his brain scan to make sure there is no cancer there. His respiratary function test were distressing enough to witness and this is to see if he will be able to cope with one lung, if this cancer turns out to be operable. Helpiong others overcome their problems with the banks has been a fantastic diversion, but CAG is not the only forum as others have found out and their expertise has been lost to CAG, but I guess the powers that be don't care about that.

 

I hope Term is wrong with his prediction. Pam PM me and I will give my other email addy, there are other plans afoot.

 

I will not leave the this Forum unless I am thrown out.

 

I moderate a couple of groups and nothing like this has ever gone on.

 

Sometimes the best sites are the unmoderated sites. there is no flaming or ill will and freedom of speech so long as it is not defamatory or libellous is allowed. Janet-M told me there is no such right free speech on this site, we are given the priveldge to make contributions. Take from that what you will.if you are going to repeat me can you quote me correctly please . Janet

 

Any way let's set up house over here for a few hours and see what eventuates.

 

At least the Power of Three are together over here.

 

I feel really sorry for Tam.

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Guest The Terminator
hmm, well, the first time I'd tried to get to it I gave it all of nil minutes!!

 

Yeh, maybe until later this evening. That Peter bloke got in quick didn't he - we can get the pins out again :D :D

 

But then he's just a bloke, he probably doesn't understand what I'm talking about, he might be in the shed with his tooth floss, oh no, sorry, plaque.

 

Don't you mean Candy Floss:-D

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I feel really sorry for Tam.

 

Hi BA and welcome!

 

It's sooooo good to have you all here but I'm hoping it's just temporary.

 

I've PM'd tam and tried to explain the reasons why this thread has been started. I hope he won't be too cross and will join us here for as long as necessary (or as long as it lasts!:mad:)

 

I've been informed about the 'other' and will be signing up! :grin:

 

Regards, Pam

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.

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It's not personal to my OH's account what-so-ever (or anyone for that matter!)

 

 

Hi

 

The problem with credit card T&Cs is that they are largely universal at any given time for any particular provider and so 'one size fits all' - so to speak. BUT - the prescribed terms, i.e. credit limit (or how it is to be determined), interest rate and repayments MUST be on the signature document.

 

There is a debate about whether a 'signature document' is just one page or if it can be more then one. Personally, I think it can be more than one page BUT any T&Cs that are not on (and not required to be on) the first page MUST be referred to in that first page. IMO, the prescribed terms should be on the first or main page. This is obviously not what CapOne and other providers have been doing with their 'appligreements'!

 

Regards, Pam

 

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.

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Hi

 

Have any of you read the most recent post on the 'moved posts' thread?

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.

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just subscribing it wouldn't be the same without The Terminator.

 

Absolutely right! :grin:

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.

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Guest The Terminator
Hi Pam in glorious Devon - & isn't it glorious today?I love it when the weather is nice at this time of the year. It's very glorious here, too and the sea is like a mill pond.

 

Did you have a good weekend?

 

OK, hands up, my tongue is in my cheek!!

 

I directed someone to the CCA thread yesterday where he has posted something that needs an answer - I shall re-direct him here!

 

Hi LB

 

Fancy a beer after work:wink:

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yes I have Pam. I have to say my dignity was not at all offended, I just found the whole episode rather petty-minded on the part of those who seek to censor inoffensive messages.

I was more annoyed about the momentum of the thread being policed in such a small-minded and despotic manner.

Give someone a little power, and most likely, they will abuse it.

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Guest Mincemeat

Hello

 

I'm a newcomer to all of this ;). I've been reading about the CCA stuff for a few weeks now and am waiting for a CCA request to be fulfilled from MBNA. I hope it is as good as some of the ones I've seen on here

 

PS That's two pages then!

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Guest The Terminator
Hello

 

I'm a newcomer to all of this ;). I've been reading about the CCA stuff for a few weeks now and am waiting for a CCA request to be fulfilled from MBNA. I hope it is as good as some of the ones I've seen on here

 

PS That's two pages then!

 

Welcome Mincemeat.You will be lucky to find a muppet within MBUSA who knows what a cca request is :-D but as soon as you receive it post it on here and we will help and advise you.In the meantime please feel free to join in the discussion.

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