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    • I think final version of WS now prepared with exhibits added.  All numbered properly. Of course it can still be tweaked if necessary. Laura will not need it on 25 June as that is just a Preliminary Hearing for her to represent her son. But as DCBL messed up and thought it was WS time why not prepare things calmly in advance. Defendant's WS - versione 3 + attachments.pdf
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    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
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CCA Agreements (Mark II) PLUS any other topic


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currently on hold to honours student loans who are insisting the application form they have sent me is a cca, even though it doesn't say cca anywhere on it.

 

and now they are threatening to default me although they are in default of the cca!

 

will keep you posted.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

 

Davey, an application form is not acceptable as a "true copy of the executed agreement".

 

From what I have seen with the stuff you have, you have a bunch of application forms. Except for the first one that you posted that seemed fairly comprehensive.

 

My advice is get to 12+30 and default them!!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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currently on hold to honours student loans who are insisting the application form they have sent me is a cca, even though it doesn't say cca anywhere on it.

 

and now they are threatening to default me although they are in default of the cca!

 

will keep you posted.

 

old style loans ARE CCA, new style are not.

 

some agreements are regulated by virtue of what type of agreement they are (i.e. D-C running account blah blah blah)

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old style loans ARE CCA, new style are not.

 

some agreements are regulated by virtue of what type of agreement they are (i.e. D-C running account blah blah blah)

 

Ah Davey!!! Look who's ears must have been burning!!! Sequenci, I have recommended that Davey contact you, perhaps Davey, you could pass Sequenci a link to your thread!

 

Sequenci, I hope you don't mind my intereference!!!:rolleyes:

 

Regards,

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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hey there Corn. No worries about not being around much. We all have busy lives and things to be getting on with, no probs :)

I am just about to upload the doc that Capital One sent in a mo on my thread:

 

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-5.html

:!: -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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That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

 

Hi

We have had conformation for some time that an application form is just that and can not be accepted as an agreement this has been confirmed by th DTI see my recent posting the oft on several occasions and basic comonsence.

 

Regards

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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That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

 

Prescribed Terms qualify the document, but the emboldened quote above is the key!

If this was the agreement, it wouldn't state 'if..successful...'

 

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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That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

HI

 

This in itself would be unacceptable even if on an aggrement as the OFT prohibits this kind of conditon how can you mak a decision to purchase when you do not know what it is you are purchasing. Not stating the APR and othe information about the product especially on a distance marketed product would benot be aceptable and not neet the requirements of the act.

 

Regards

Peter

 

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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Perseus, I'm with you on this. That's one of the arguements I'm using against Lowells..who insist that the copy application form they sent me is an agreement.

 

A couple of lines above where I signed to apply for a CC it states:

 

If my application is accepted......blah blah I can't read the rest!

 

The form also has a main header of : APPLICATION FORM

 

and also states:

 

Failure to complete all sections of this form may delay acceptance of your application.

 

I'm quoting all this in my reply to Lowells, also stating that the reference to be bound by CCA 74 in respect of the application is purely pre-contractual. It will be interesting to see their reply.

 

:)

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Just had a comment from Cornucopia that suggests this is a reconstructed form: http://i157.photobucket.com/albums/t42/davey77_2007/CapitalOneCCAApplication.jpg

 

Also Zimmie, that's very interesting your post. I will be interested to note what Lowells answer is?! :)

:!: -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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That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

HI

 

I think we really should accept that an application cannot be used as an agreement by now i will repost this again then i will not make any further coments on the matter.

DTI

RT Hon Ian McCartney MP

Minister for Trade Investment and Foreign Affairs

 

James Purnell MP

 

The Consttuency Office

Hyde Town Hall

Hyde

SK14 1AL

 

Dear James

 

“Thank you for your letter of 7th December on behalf of your constituent Mr Peter Bardsley of---------------------”

 

There follows some stuff about the section 77 requests not having to include a signature which is part of an ongoing dialogue we are having.

And continues

 

“Mr Bardsley describes a situation in which he was sent a copy of a company’s standard Terms and conditions when requesting a copy of a signed agreement form.

Just sending the terms and conditions is a breach of the ACT and the Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a true copy of the agreement.

 

If Mr Bardsley feels the rules are being flouted he should report the companies concerned to Trading Standards and the Office of fair trading. It is also a breach of the Act and the Regulations to send the application form rather that a true copy of the agreement.”

 

On the point that Mr Bardsley made on unscrupulous companies adjusting agreements……………………………………… ………………………………………………………………… ……..

 

 

 

Ian McCartney

Peter

user_online.gifreputation.gif vbrep_register("769622") report.gif

Regards

 

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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Guys

 

I need your help....

 

my son's deep in the brown stuff and I need your careful scan of his lease agreement to ensure all the prescribed terms are there...

 

find me something to query... please

 

http://www.knowledgecommunity.co.uk/cag/bmwlease1.jpg

 

http://www.knowledgecommunity.co.uk/cag/bmwlease2.jpg

 

thanks

 

Z

[sIGPIC][/sIGPIC]

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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That does clarify things a a long way as it says "to provide the debtor/hirer with a copy of the executed agreement".

 

Although i am still a bit confused as the whether an 'application form' is acceptable. CCA reply from Capital One today is an application form copy. Although it says "I have read the terms an conditions setting out the agreement with Capital One" and, "if my application is successful, I agree to be bound by these terms and conditions".

There is no mention of amounts, interest rates etc

 

In this case whether it's an agreement or application is irrelevant. If it doesn't have the prescribed terms in the signature document, it is completely unenforceable.

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I am rather surprised that it says that the lease agreement is non-cancelable at the top of the form, since this is in contravention of my understanding of the consumer credit act.

 

No it is correct in what it says....A NON cancellable agreement is valid in these sort of cases........otherwise youve got the car and then you could cancel the agreement !

 

 

ZUBO..... I'm looking at it , but at first glance it looks ok......Sorry, will check again though

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi

How can you tell if it is a reconstructed agreement,as I think my Cap One might be as lines are a bit zig zag in the boxes around the sig boxes.

 

Thats probably due to bad scanning or putting the paper in at a slight angle

 

Dave

  • Haha 1

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Still have to wonder why they want it though, either they have it or they don't. I sign every letter I send to them!! (Oh dear, what if they use them).

 

I have to admit i will never sign a letter or send a cheque, always a postal order. Sometimes creditors will send the letter back asking me sign it for security purposes but hey they have had my custom for years and have had my signature on plenty of occassions. I buggered im going to let them have it when sending a CCA request!

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Hi,

In my CCA request to CapQuest they responded with and I quote "Please provide us with a copy of your passport and driving liscence so that we may compare signatures."

I don't think so matey, I know how to cut copy and paste.

 

Seriously, joking aside absolutely DO NOT provide anything. This has all the hallmarks of reconstructive conjecture and is completely illegal. My suggestion would be to get your 3 year old niece/nephew/child of neighbour/random child in street (obviously with consent of parent:o). Hey, what the hell, I'll give you my nine year old's sig, why not test it and see what they do.

 

Blue Peter, anybody??????:D:D:D:D:D

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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