Jump to content



  • Tweets

  • Recommended Topics

  • Posts

    • Hello   Thank you for the help you are providing on this forum. I have read around the various threads for Hermes and have found the advise very useful.   I have a case against Hermes for a lost Item where they have offered the standard £20 plus postage refund.   13th January - I sent my Car's original ECU to a technician for repair via MyHermes.  22nd January - As consignor, opened a case for a parcel that had stalled on Hermes tracking. 25th January -  I chased the delivery via telephone and was advised the item had been lost. On the same day, I sent my first letter through their automated system where I offered an reasonable settlement for loss of property.  26th Feb - I received the below response from MyHermes   Hi ****, Thank you for your recent email/correspondence about your claim. We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number do become damaged or lost within our network. If this happens, we will seek to remedy this and we are happy to pay up to the level of cover selected by the customer, for included items. I have investigated your claim and I'm pleased to confirm, due to the level of cover you chose within our standard compensation, we will be processing a payment for the maximum value of £20, plus postage costs, back to you. So that we can process this as quickly as possible for you, we kindly request that you send us some details: - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card We thank you for your patience on this matter and ask that you allow up to 14 working days for the payment to reach you. If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help. Kind regards,   ****   Thanks to the information on this forum, I'm sure they are 'Pleased' to confirm and 'Happy' to pay this low amount for their breach of contract. In addition I am also aware that there is no need to insure against their negligence for loss. I'm now at the point where I need to decide whether to accept their offer and walk away or push this further and take them on.   If I choose to pursue this matter, I understand that 1) I need to send a letter of claim and give MyHermes 14 days to respond. 2) Register on the Money Claim website and complete particulars of claim The particulars I should file would be: The claimant paid the defendant £6.29 pounds on 13th January to carry out the delivery of the claimant's Car's original ECU to a UK address.  On 25th January, the defendants admitted to losing the Item. Despite this, the defendants have refused to reimburse the claimant for the value of a replacement ECU and recoding.   The claimant seeks £170 being the value of replacing the lost item. Plus £6.29 delivery cost and legal fees.   Total £176.29 plus Legal Fees   Firstly, Have I understood this correctly?   Secondly, I was able to rectify the situation of my non-function Car because I had a spare ECU and taught myself the skills to get it up and running. Therefore, the only evidence I have of the replacement value is from prices published online at resellers. i.e. I don't have receipt for replacing the lost item. Would this go against me?     Many Thanks       first letter.docx
    • Morning all,  hope you are all keeping well and safe, thoughts please, a company called “capquest” sent me a text message on Sunday advising that I need to speak to them “about my debt”    i briefly looked online and it appears as they are a debt collecting agency which is very odd  - I am lucky that aside from my mortgage I have no other open/rolling debt.  I have paid off years ago the loan I had for the house refurbishment. No balances on credit card,  no defaults, no CCJs. Also  I have never dealt with Capquest.    are they scammers?    Have they just bought mobile numbers and they are changing it by sending text messages?   should this be reported?    Cheers    Red11    
    • Morning.   Had no response to any info request at all, other than a letter saying information had been requested as it wasn’t currently held. Given that 28 days have passed, next step is to approach the court, I believe? Or should I be allowing some extra time for any post to arrive, given COVID?   MCOL still shows we are at the defence stage in the recent transactions box.   Thank you for your advice.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 33 replies

CCA's and Dave against the world !!!


Please note that this topic has not had any new posts for the last 3372 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

Hi everyone

 

I thought I'd start my own thread, as I seem to be piggybacking on everone elses.

 

The title says it all...it seems as if the whole world is against me at the moment.....but with the confidence Ive gained from reading this site, and the wonderfull help provided by the good people here, i'm fighting back

 

 

my problems are many and varied, mainly aimed at getting my life back on track after some bad decisions and even worse luck........

 

my current attacks are

RBOS...................... missold PPI

MBNA...................... loan

Morgan Stanley......... CC

Monument................ CC

Littlewoods............... catalogue

Choice..................... catalogue

SKY TV.................... subscription

 

Just added American express 27/04/07

Also added onetel comms 29/04/07

 

.... AMEX ....although I have had my charges back, I would like to see the agreement...because i dont actually remember getting one. it was one of those service station "hold ups" where you couldnt get away without signing the application.

 

I have a £1.00 balance on this card so it is still current

 

also bailiffs for council tax....offers and payments made

 

cases won

 

RBOS.......................Charges £6200

American express.......Charges £ 350

Welcome finance........Wiped out loan £2300

Onetel......................Default gone

TV Licensing (capita)...restored tv licence to original date

 

ok then the one most pressing is MBNA

 

at the moment the agreement is looking shaky as it doesnt have the interest rate shown.

 

mbnaresponse.jpg

  • Haha 2

** 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

Link to post
Share on other sites
  • Replies 1.3k
  • Created
  • Last Reply

Top Posters In This Topic

Next one on my important list is Morgan Stanley CC

 

they have defaulted me

 

I have cca'd these and got back an application form a generic mailer card (uptodate) and some poorly photocopied t&c's

 

I wrote back to these saying this wasnt acceptable

 

Morgan Stanley Bank Intl. Ltd.

 

Dear Sirs

Ref account nnnnnnnnnnnnn

 

With regard to the documents that you sent me in relation to my request for information under the Consumer Credit Act 1974, I am still waiting for the signed executed agreement. You seem to have sent me an application form and a somewhat recent copy of your terms and conditions and a very recent copy of an agreement form unsigned by anyone. I’m sure this must be an oversight, so I will ask you again for the proper documents.

I draw your attention to section 61 of the consumer credit act 1974 (an excerpt enclosed for your perusal) in that

“(1) A regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.”

Be also advised that your statutory time period has elapsed and YOU are now in default and very shortly you will have committed a criminal offence. As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me.

This account is still in dispute and I still forbid the passing of any data to third parties, if any data has been processed illegally since my last request I shall take appropriate action.

Further if you cannot supply the proper documents and you have entered any defaults against my name I require that you remove them immediately.

I shall be carefully considering my options and next actions.

I await your response.

 

 

 

they replied saying that they were looking into it and sent me a list of charges added to my account. They then went on to say that they would refund me £182 being the difference from what they charged against what they are now charging !!! (bloody cheek)

 

I wrote back.......

 

 

Morgan Stanley Bank Intl.

Dear Sirs

Ref account nnnnnnnnnnn

 

I am in receipt of your letter / offer and don’t quite know where to begin! So I will reply in the order you have put your responses in.

Firstly the charges added to the account including the last 12 months up to close are £647.00

I require that you refund me the above amount. Just because you seem to think £12.00 is fair doesn’t make it so, and I will now give you the opportunity to explain it to me. Could you please detail how you make up your charges and how you get to the figure of £12.00, why not £11 or £13?

I am sure that you are aware of unfair terms of contract and the concept of liquidated losses and penalty charges. If no reasonable explanation is forthcoming please refund the full amount.

Notwithstanding the £647, You say that you will refund me £182.00 yet you have DEFAULTED me for £156………Something doesn’t seem right here! If you owed me £182 how can you default me for £156?

REMOVE the default!

Further, you have NOT fully complied with my request. I asked for any and all data that you hold on me. To date I have only received statements. If you do not hold any more data could you please indicate this in writing, otherwise please forward it on with all due haste.

I had also requested a copy of my agreement and related documents. These such as they are have been received under a separate cover, and are under dispute.

Could you please liaise with whoever is dealing with that part so we are all reading from the same hymn sheet. It becomes confusing dealing with separate departments.

This account is still most definitely in dispute, and as such you cannot take any further action on the account until the dispute is settled. As in my previous letter I revoke my agreement for you pass my data onto third parties without my new explicit consent. As any data that you pass may be inaccurate and cause me real harm, In which case I will proceed through the legal system.

I await your response

 

 

 

I'm still waiting the CCA is very near offence level now. :-)

** 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

Link to post
Share on other sites

Next......Monument

 

I had thought I had cca'd and sar'd these people but it turn out that I only sar'd them for some reason...:-(

 

However the sar turned up some interesting points and gave me the opportunity to queery them. These people had been adding a "payment break" option to the account (PPI) which I dont remember ticking.

 

anyway I replied to the information given in the sar and sent this reply back.......

 

re. Account nnnnnnnnnnnnnnnnnnnnnn

 

Thank you for your response dated 10 April to my DPA request

You have not complied with my official requests. Please read the letter again. I still expect your FULL compliance within the timescale. I had enclosed a cheque for the fee which has not been returned, so I expect will still be current. I expect nothing short of full compliance, in that any and all data that you hold about me that is relevant under the data protection act 1998. (please do not use the microfiche excuse as this will not work). The longer you prevaricate the closer you get to an official complaint!

At no time did I envisage that your terms and conditions would be unlawful and was frankly shocked when I found out that charges were being added to my account in such a cavalier fashion.

However your full compliance notwithstanding I still expect an immediate refund of the charges already taken which according to your “statement” is £102.00 this will only be an interim payment until I can fully check my account after your full compliance with my request. I will give you 14 days from receipt of this letter to refund my money, or I will start legal proceedings.

Further I have noticed a “Payment break charge” added to my monthly account. I do not remember signing for or authorising this and as a consequence I now require you send me a copy of my agreement and any related documents as required under The consumer credit act 1974 s)77 - 78.

If this has been added to my account without my consent or knowledge then I require ALL payments made to be refunded, and the account balance adjusted, to take into account the extra interest etc. I would also inform you that the OFT is now investigating misselling of payment insurance and if any wrongdoing is found you will be reported and I shall consider my next options very carefully..

 

I enclose the statutory fee of £1.00 and expect a reply in a timely manner.

I do now require full Statements for my DPA request so as to allow me to check when these “payment break” charges were applied.

Just in case you have “lost my cheque” I enclose another herein. This does not alter the timescale in any way, you have been previously paid whether you choose to bank the cheque immediately or later or even not at all is your business.

 

I now also class this account as “in dispute” and until the dispute is settled no further action can be taken on it by you or any third party, including but not limited to any data being processed and passed to any credit reference agencies. In fact I revoke my permission for you to process ANY data without my new express permission.

 

I will not accept any phone calls from you or your agents and want every communication documented in writing. If you do call and I choose to accept it I must warn you that all calls WILL be recorded for future reference and use if needed. No further warning will be given

Please read the current legislation before replying with a standard letter.

 

I await your response.

 

 

I'm still waiting times nearly up

 

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

Link to post
Share on other sites

Hi again...:-)

 

Sky TV are being a pain at the moment.........

 

Ive never really had any problems with this crew..until recently.

 

I took on sky talk £5 per month and all calls free............?

I had a couple of bounced DD's from them and didnt worry too much as they always represent.....next thing sky went off and i got a demand i the post for £196.

 

my sub is £36 + £5 = £41 ??????? that bill equates to nearly five missed payments.

 

I queeried it and got the last 12 months statements....

 

they had charged me skytalk bills of .....

 

According to the statement 22/11/06 (£3.82 ) 22/12/06 (£32.28 ) 22/01/07

(£64.39 ) 22/02/07 (£45.59 ) 22/03/07 (£9.38 )

 

 

thats 155.46 for a supposed £5 per month service

 

NO wonder my DD's were bouncing I was expecting £41/month

 

grrr i'm gonna get them

 

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

Link to post
Share on other sites

Further to my sky argument... I had remembered a piece in the mirror where someone had taken sky to court over dd's. Sky had raised the dd amount without informing people in an appropriate way (it was hidden inside the magazine) This is not a proper way to do it. I also put this in my letter

 

Account no. nnnnnnnnn

 

Dear Sirs,

As you are aware my sky subscription is currently suspended (or ended) due to returned payments.

After requesting my last twelve months statements, to fully understand what has happened, I have come across a few anomalies which I hope you can shed some light on.

 

The first and most important is that from 1 Sept 2006 the direct debit subscription seems to have gone up….

The rules governing Direct Debits require you to inform the subscriber of any such change. To this date I have received no such notification of change. To increase charges without informing the subscriber at least ten days (or any other agreed period) in advance is in direct contravention of the rules governing Direct debits.

If such a change was notified to me could you please send me a true certified copy of the Direct Debit notice of change for my perusal? If you cannot supply the said document I shall take this opportunity to inform the statutory bodies regulating this.

 

Secondly, I had taken out a sky talk subscription sometime in October/November which is a monthly fee of £5.00 for unlimited phone calls (within reason). Can you imagine my shock to find that on the statement requested from you, you have charged me a total £155.26 in 4 months. This seems a little OVER the £5.00 per month

According to the statement 22/11/06 (£3.82) 22/12/06 (£32.28) 22/01/07 (£64.39)

22/02/07 (£45.59) 22/03/07 (£9.38)

 

I would like you to explain why I am being charged so much for a supposed £5.00/month service, and why I was not getting informed of these charges. I would think that it would be obvious to anyone that this level of charges fall outside of the norm and should have set some alarm bells ringing somewhere. This smacks of negligence or maybe this is just another moneymaking scheme, that most people would not have noticed.

 

I now demand a full and total breakdown of these charges, numbers called, time online, reason for charge, etc.

No wonder my direct debits were failing. I knew that there should have been enough to cover it and was expecting charges around £41 not the amounts you were claiming.

 

If these charges have been wrongly applied, you should take notice that the knock on effect is that I will have been charged £38 for each DD failure and £28 for going over limit, and its not just yours but also other DD’s that have failed too because of you trying to take too much and the bank applying charges.

 

I shall be checking my bank statements carefully!

I expect you to respond to this complaint quickly and efficiently, with a real intent to solve this.

If not I shall consider my next options carefully, and may take legal advice.

 

 

Yours Sincerely

** 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

Link to post
Share on other sites

Dave way to go taking on the world! I totally agree with you and sypathise with your situation. Im sure you will reveal some intresting information and I will help any way I can.

 

Smoothy

-------------------------------------------------------------------------

Read throught the

FAQ's and when your ready, start a thread in your banks forum to keep us all updated!

If the information I have provided is useful, please click the scales!

Link to post
Share on other sites

thanks Jay...:-) :-) :-)

 

will recheck this and get back to you

 

you are a star !!!!!!

 

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

Link to post
Share on other sites

On your agreement you mentioned it doesn't show the interest rate, does the APR not count .. ?? As my brothers Sainsburys loan only shows APR. Also on my brothers didn't have the cancellation rights as yours does.

 

Well done by the way!

Help me to help others!

Link to post
Share on other sites

Hi RH

 

it only needs cancelation rights if it is a cancellable agreement. if you signed on trade premises, it would be classed as non cancellable. ie if you signed up at sainsburys. it would be non cancellable. if you signed at home and sent off by post. it would have to have cancellation rights.

 

as for APR and interest......I still dont fully understand the connotations, someone more experienced will have to tell you that one. I am studying the regs over and over until it sinks in. you need to go to the oft website and download whatever you can.

 

will post some links in a bit

 

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

Link to post
Share on other sites

Sky have just passed me onto Wescot...........grrrrrrr

 

idiots

 

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

Link to post
Share on other sites
Sky have just passed me onto Wescot...........grrrrrrr

 

idiots

 

Dave

Standby you phone it will soon be ringing with the dlightfulfolk from Westcot threatening all sorts of evil is going to befall you:-x

  • Haha 1

Link to post
Share on other sites

Robert you need to block out some of the personal information you are displaying I can see your phone number and bank details.

Link to post
Share on other sites

Ok.....

just had a reply to my morgan stanley argument

 

Standard bs

------------

 

18 April 2007

 

 

Dear Mr firewalker

 

Thank you for your letter dated 2 April 2007.

 

We note that you consider the documentation sent to you in our letter of 27 March 2007 not to satisfy section 78(1 )(a) of the Consumer Credit Act (“the Act”).

 

True Copy

 

Section 78(1) of the Act states that, amongst other things, the creditor shall give the debtor a copy of the executed agreement. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (“the Regulations”) provide that any copy of the agreement supplied to a debtor should be a ‘true’ copy. Regulation 3(2) provides that a copy may omit certain information, including the signature box, signature and date of signature.

 

The copy provided by us to you is a ‘true’ copy even if the signature box and/or signatures are not included.

 

An agreement which has been varied

 

As the terms of your Agreement have varied since you originally applied for a credit card, Regulation 7 of the Regulations allows us to provide you with a “true copy” which sets out the terms and conditions current at the time of provision of the copy.

 

As the copy of the agreement sent to you on 27 March 2007 represents the present terms of your agreement, we have provided you with a copy of the executed agreement as prescribed by section 78 of the Act.

 

Timescales

 

We provided you with a copy of the executed agreement on 27 March 2007. As we have fully complied with our obligations under the Act your agreement is now enforceable and you will be required to continue making your monthly payments, keep within your credit limit and comply with the other terms of your agreement.

 

I trust this satisfactorily explains matters for you. However should our explanation in any way not meet your expectations or you have additional information to add to our comments, please contact our Customer Liaison Team Manager.

 

Karla Kenny

Customer Liaison Team Manager

Morgan Stanley

Consumer Banking Group International

P 0 Box 3598

Glasgow

G68 9YW

 

Tel: 01236 797022

 

Thank you for taking the time to provide us with your comments. We do take customer feedback on board as an integral way to improve both our procedures and products. Yours sincerely

** 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

Link to post
Share on other sites
Standby you phone it will soon be ringing with the dlightfulfolk from Westcot threatening all sorts of evil is going to befall you:-x

 

:-)

 

 

wescot dont worry me........bring it on :-)

 

what is annoying though sky havent replied.......Time to get medieval with them

 

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

Link to post
Share on other sites

just added my TV license to the list......

 

now here lies a tale

 

I have a current TV license, but it was not concurrent with the last one. I think that they are trying to be like car tax. (must declare tv sorn)

 

had numerous letter about it and one recently telling me i am committing an offence if I watch tv after march.

 

I would like to see the legislation where it says that you MUST have a TV or you MUST watch it,..........:-)

 

going to renew at the end of this month and see what happens.

 

It also appears you cant get one from the post office anymore??? so it will be a trip to a paypoint or something similar. I bet they ask for my old license and try to adjust the dates......

 

we'll see

 

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

Link to post
Share on other sites
Ok.....

just had a reply to my morgan stanley argument

 

Standard bs

------------

 

18 April 2007

 

 

Dear Mr firewalker

 

Thank you for your letter dated 2 April 2007.

 

We note that you consider the documentation sent to you in our letter of 27 March 2007 not to satisfy section 78(1 )(a) of the Consumer Credit Act (“the Act”).

 

True Copy

 

Section 78(1) of the Act states that, amongst other things, the creditor shall give the debtor a copy of the executed agreement. The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (“the Regulations”) provide that any copy of the agreement supplied to a debtor should be a ‘true’ copy. Regulation 3(2) provides that a copy may omit certain information, including the signature box, signature and date of signature.

 

The copy provided by us to you is a ‘true’ copy even if the signature box and/or signatures are not included.

 

An agreement which has been varied

 

As the terms of your Agreement have varied since you originally applied for a credit card, Regulation 7 of the Regulations allows us to provide you with a “true copy” which sets out the terms and conditions current at the time of provision of the copy.

 

As the copy of the agreement sent to you on 27 March 2007 represents the present terms of your agreement, we have provided you with a copy of the executed agreement as prescribed by section 78 of the Act.

 

Timescales

 

We provided you with a copy of the executed agreement on 27 March 2007. As we have fully complied with our obligations under the Act your agreement is now enforceable and you will be required to continue making your monthly payments, keep within your credit limit and comply with the other terms of your agreement.

 

I trust this satisfactorily explains matters for you. However should our explanation in any way not meet your expectations or you have additional information to add to our comments, please contact our Customer Liaison Team Manager.

 

Karla Kenny

Customer Liaison Team Manager

Morgan Stanley

Consumer Banking Group International

P 0 Box 3598

Glasgow

G68 9YW

 

Tel: 01236 797022

 

Thank you for taking the time to provide us with your comments. We do take customer feedback on board as an integral way to improve both our procedures and products. Yours sincerely

 

 

As far as im aware, they have to provid the T&C's applicable at the time of signing the agreement. Because that is where you agreed to them altering T&C's over time. Without proof that you agreed to this term means they cannot tie you to current T&C's.

 

Thats my understanding.

 

78 Duty to give information to debtor under running-account credit agreement

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

As the agreement refers to the T&C's that are current at the time of the agreement, these are the ones they should provide.

 

Smoothy

-------------------------------------------------------------------------

Read throught the

FAQ's and when your ready, start a thread in your banks forum to keep us all updated!

If the information I have provided is useful, please click the scales!

Link to post
Share on other sites

thanks smoothy i'll give it a look

** 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

Link to post
Share on other sites

Ok....

 

guess what I got in the post this morning......Monument's pathetic attempt at a cca request...:-)

 

see below.

 

Also NO t&c, no creditor sig, no prescribed terms, and no box to tick for PPI...they said i agreed to it on the phone.....yeah right, ......and because I agreed on the phone they are denying me any repayment of PPI..... funny that it seems that a lot of the statements DONT have ppi on them (23 months worth).....then when monument took over from Providian, they started appearing again....hmmmm

 

ooooh theyre in trouble

 

Dave

mon1.jpg

** 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

Link to post
Share on other sites

Wow as you said, a complete absence of prescribed terms.

In which case, claim back every penny you've ever paid em!

-------------------------------------------------------------------------

Read throught the

FAQ's and when your ready, start a thread in your banks forum to keep us all updated!

If the information I have provided is useful, please click the scales!

Link to post
Share on other sites

softly softly......

first i'm claiming the charges and missold ppi.. i want it in a cheque not a contra...then the big guns come out.........:-)

 

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

Link to post
Share on other sites

I can beat this one m8, one CCP sent me the sig box on a piece of A4 (otherwise blank)

 

Nice!

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...