CCA's and Dave against the world !!!

[pt2537]

Hi Dave,

 

just checking in on your thread, is there any updates yet, its gone awfully quiet.

 

 

regards

paul

[paulcaley]

Hi Dave,

 

This thread is fantastic, I requested my CCA with MBNA back at the begining of the year and completely forgot about it, although the card is about 10 years old now.

 

I think I had better follow this up as they have been hassling me for the past few months etc.

 

I will be following this thread with interest to see how you get on with MBNA.

 

Good Luck

 

PC

[TANZARELLI]

Been very busy with work and some other stuff, so havent posted much recently. Just had to let you guys know though

 

SUCCESS........Monument PPI

 

has just conceded, cheque for £1200 arived fri 17th

 

Cheque now in the bank.....

 

Away for two weeks in greece, sailing......well earned hols and the money will come in very handy

 

back to the battle when I get back

 

rgds to all

 

Dave

 

Nice one dave and well deserved dude.

[davefirewalker]

Hi guys......

 

The FIREWALKER is back !!!

 

Apologies to all for not posting as much as I should have or following up with recent developments. Apologies also to those who pm'd me and never got a reply

 

To be honest, up till now Ive tended to let things slide a bit. I came back from holiday and got all depressed.

 

I have the original "ostritch syndrome" that always seems to eventually take over, and on top of that I tend to suffer from a lack of confidence and self respect....... and then at other times I'm right on top of it and raring to go get em.....go figure?

 

sounds like I'm a bit manic-depresive, but I'm sure its not that bad (yet)

 

I reckon I could keep a team of phsyco-anylists busy for years

 

While i'm on top again I thought I would let you all know about my latest adventures. Anyway some new developments are in the offing including more from Monument/ Barclaycard, MBNA, and Morgan Stanley/goldfish.

 

I'll post them shortly

 

rgds

 

Dave

[Edz11]

good - it's been interesting. Want to know what's happened.

[hellhasnofury]

Hello Dave,

 

Been wondering where you were, sorry you've not been so good, probably a touch of post-holiday blues and back to reality call. It truely is not easy.

 

I am so glad to see you back and hope you will return to your full glory soon. I can assure that your inspire confidence and much respect in us fellow caggers:D

 

Take care

[pt2537]

Hi Dave,

 

Glad to see your back with us, ive been waiting for an update for a while so dont keep us in suspense for too much longer:D

 

regards

paul

[the main man]

Hi Dave,

 

Sometimes it's good to take a step back and take stock, good to see you back though:)

 

Go give em hell !!

 

Regards

 

MM

[maybelline]

good to see you back Dave, ditto above!

[davefirewalker]

Thanks guys...I feel all warm and fuzy now

 

Just off to the courts to file against barclays......this is one of the big ones

 

i'm claiming that as the agreement is basically _crud_ (is that better) want all my money back....failing that I at least want all the interest back that I never agreed to them taking

 

hopefully if I get the claim it should be worth a minimum of £5k+ up to a maximum of £8k+ (depending on what interest rate I get) I am asking for the cash rate at 29.9% but may have to make do with the S69 @ 8%

 

will post fully later

 

Dave

[davefirewalker]

right then....

 

back into it, onward and upward

 

Morgan stanley have reneged on their promise of the charges back.......and have sold the debt onto HFO services. These cowboys dont know what they have taken on

 

I sent them this letter......

 

HFO Services

 

Dear sir,

I am writing to inform you that my “contract” with Morgan Stanley/goldfish has been unlawfully transferred to you. This alleged debt is subject to a dispute which involves the validity of the contract.

 

They (Morgan Stanley) have not complied with my legal request for a true executed copy of our agreement. As you know (or should do) if this request is not complied with they may not enforce the debt until it is. This includes adding interest, demanding payment, processing any data in relation to this debt or passing this debt onto third parties. They have been in default for several months.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO HFO SERVICES, and if you have indeed bought the legal title and responsibility for the debt then it appears we will have a court date VERY SHORTLY, in which I shall be asking for the return of charges unlawfully taken and all interest paid to the account. Morgan Stanley had already agreed the refund of the charges and the removal of the unlawfully applied default.

 

I would advise you not to compound this illegal act, by further demanding money. In fact I would advise that you take PROPER legal advice before you take any further action at all.

 

Do not ignore this as it won’t go away. I am prepared to take the necessary action if required.

 

Further, take notice that I require all further contact to be in writing. Any telephone calls, emails or personal callers will be seen as harassment and acted upon through the courts.

 

All calls will be recorded for future reference and any legal action that I may contemplate. No further warning will be given to the callers.

 

I hope that we can sort this out in an amicable way, without the need for legal action. I do suggest however though, that you return this unlawfully transferred debt back to Morgan Stanley/ goldfish.

 

Yours Sincerely

..................................

 

Life just seems to get ever complicated......no wonder I go off on one every so often

 

MBNA have not bothered replying to my letters and have also sold the debt on....hey ho. This has been sold to "equidebt".......(more cowboys)

 

I sent them this letter in a similar vein.......

 

Dear Sirs

 

Despite what you may think or have been told, the “alleged” debt to MBNA is in official dispute, and as such cannot be enforced until a resolution. They knew of this before they unlawfully sold this debt on.

 

I do not recognise your authority to collect this debt, and would ask you to refer it back to MBNA.

 

However if you wish to continue with your claim to this I must warn you that it is my intention to let a court decide the validity of the so called agreement, as I believe that it is flawed.

 

The agreement and related documents supplied under my CCA 1974 and DPA 1998 requests have shown a major flaw that may not only make the agreement unenforceable but void. Therefore any money paid to the account may well have to be returned.

Your call…….

 

Now that you have been warned, I should also tell you of my rights under the DPA 1998

It would be unlawful to process any data that is inaccurate, and I believe that further processing would cause me real and undue hardship and harm. You should discontinue any processing and not start any new processing of my data. I make this request under S.10 of the Data Protection Act. The penalties for unlawful processing of data are quite severe.

 

If it is your intention to continue with this despite being told of its unlawful nature, could you please start court proceedings at your earliest opportunity?

 

I enclose my last letter to them sent twice on 3/9/07 & 7/9/07 by first class mail

 

..........................................

 

Ive heard nothing from either of them for a while now......hmmmmmm

 

quiet before the storm

 

BRING IT ON.......

 

rgds

 

Dave

[shane5408]

Thanks guys...I feel all warm and fuzy now

 

Just off to the courts to file against barclays......this is one of the big ones

 

i'm claiming that as the agreement is basically crap want all my money back....failing that I at least want all the interest back that I never agreed to them taking

 

hopefully if I get the claim it should be worth a minimum of £5k+ up to a maximum of £8k+ (depending on what interest rate I get) I am asking for the cash rate at 29.9% but may have to make do with the S69 @ 8%

 

will post fully later

 

Dave

 

Hi Dave, good to see you back. With reference to the above are you claiming restitution of all monies ever paid to barclays? Would be interested to see POC's if you don't mind posting em

 

regards,

shane

[scousepie]

Hi Dave,

 

I sent Goldfish a CCA/SAR request back in August, they will not adhere to this request till My wife sends her ID they have closed the request, so we are in a catch 22, its funny that they seem fit communicate her private business

at our home address on a regular basis.

 

good luck with your quest and don't let them get you down mate.

 

Cheers

SP.

[davefirewalker]

Hey guys.....guess what?

 

post #385 just got cagbotted...

 

seems i can't use the word (edit) Why ???? in future i will have to use words like crop, cryp, crip, crep, or even (edit) or (edit) or crat...etc

 

(edit)

the world has gone mad

 

words like the aforementioned edited word are in comon usage and are generally not considered over the top. this is the sort of madness that permeates our society and bans such things as Baa Baa Black sheep.

 

I wonder if (edit) which is NOT a word will get edited.

 

has cagbot never watched the simpsons which is aimed at children, that word pops up so many times......

 

ah well rant over

 

rgds to all

 

Dave

[sequenci]

Hi Dave, good to see you back. With reference to the above are you claiming restitution of all monies ever paid to barclays? Would be interested to see POC's if you don't mind posting em

 

regards,

shane

 

+1

[pt2537]

+1

Make that +2:D

[MikeSplicer]

+3

[davefirewalker]

Make that +2:D

 

Ok guys.......settle down

 

i'll get them posted.......just made some last minute changes so didnt get to the courts as i had hoped..

 

I tend to believe in simplicity when it comes to the courts, I think great long POC's can get tooo complicated. So mine tend to be rather shorter than some but still with the main points for the judge to see and make his decisions.

 

Anyways i will post what i have, and if I have something GLARINGLY wrong I hope someone will tell me.

 

As a further point, it seems as if they have changed the rules for fee remission / exemption.

 

i am am working tax credit and family tax credit...it seems as though i am not automatically entitled anymore. I have to fill out a "means test" type of form.

 

ah well

 

I'll be posting them a bit later

 

 

rgds to all

 

Dave

[ncf355]

Baited breath on this, look forward to giving a constructive viewing Dave

 

[davefirewalker]

right then here we go

 

its not technical but it highlights the fact that the agreement is improperly executed and unenforceable and should also be declared void due to NO prescribed terms.

 

secondly it higlights the fact that as the agreement is/was improperly executed then any payments made were in MISTAKE....(google payments by mistake)

 

this leads to a claim for restitution......

 

Particulars of claim

 

edited for brevity....see post 485

.

 

I believe the contents of these particulars of claim to be true

 

Anyone.....?

 

rgds

 

Dave

[shane5408]

Hi Dave,

 

can you upload a copy of the alleged agreement barclays supplied you with regard the above POC's

 

cheers,

shane

[davefirewalker]

hi Shane its on page 2 of this thread and its a Monument agreement (originally Providian)

 

Dave

[shane5408]

interesting, not even a rubber stamp to sign on behalf of barclays.

 

its not technical but it highlights the fact that the agreement is improperly executed and unenforceable and should also be declared void due to NO prescribed terms.

 

Hi Dave,

 

I think you also need to look at s 59(1) of the act:

 

An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement.

 

and the following definitions under s 189:

 

“executed agreement ” means a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement, or such of them as have been reduced to writing;

 

“unexecuted agreement ” means a document embodying the terms of a prospective regulated agreement, or such of them as it is intended to reduce to writing;

 

The agreement was signed by you first meaning it only becomes executed on the creditors signature (or rubber stamp etc etc). If it was never signed by the creditor it remains unexecuted and by definition a prospective agreement, in which case it purports to enter you into an agreement for future credit and as such is void by virtue of s59(1)

 

kind regards,

shane

 

 

[davefirewalker]

Ok then hows this ????

 

 

edited for brevity....see post 485

 

.

 

I believe the contents of these particulars of claim to be true

 

 

rgds

 

Dave

[arbs]

interesting, not even a rubber stamp to sign on behalf of barclays.

 

 

 

Hi Dave,

 

I think you also need to look at s 59(1) of the act:

 

An agreement is void if, and to the extent that, it purports to bind a person to enter as debtor or hirer into a prospective regulated agreement.

 

and the following definitions under s 189:

 

“executed agreement ” means a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement, or such of them as have been reduced to writing;

 

“unexecuted agreement ” means a document embodying the terms of a prospective regulated agreement, or such of them as it is intended to reduce to writing;

 

The agreement was signed by you first meaning it only becomes executed on the creditors signature (or rubber stamp etc etc). If it was never signed by the creditor it remains unexecuted and by definition a prospective agreement, in which case it purports to enter you into an agreement for future credit and as such is void by virtue of s59(1)

 

kind regards,

shane

 

 

 

excellent post, scales clicked:D