CCA's and Dave against the world !!!

[Help48xxx]

Well...nice to see you back with loins suitably girded Dave!

 

God help Morgan Stanley/Goldfish I say!

 

Hope you and yours had a lovely festive season.

 

xx

[davefirewalker]

Thanks to all, and to all "all the best for this new year"

 

watch this space

 

I'll do my best not to dissapoint

 

Dave

[patrickq1]

hi dave happy new year same as me ive started on the MORGAN STANLEY /GOLDFISH again lol

but follow PT thread as you know none of us have had any joy with regards to seeing any contract of agreement and we all know their is'nt one cept to say be it an application form only especially for goldcards in there greed they forgot to issue and receive signed agreements lol tuff luck on them but ive now started to use PT's reulles of the CPR look here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

multiple agreements ?

good luck mat an happy new year

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

sorry wrong thread dave this is the one well not wrong because it is also another track concerning PPI along with the trhread posted above i know you will find this very interesting dave

good luck mate

[davefirewalker]

Hi guys.......

 

new year new resolve...................

 

just sent this to my old friends at barclayshark

 

URGENT RESPONSE REQUIRED

 

Letter before Action

 

By Fax, Email and Royal Mail

 

ref. nnnnnnn

 

Dear Mr Barclayshark

 

It has been some time since I last wrote, and again I have to admit to letting things slip a little.......

 

However with a new year comes a new resolve. I have decided to tidy up some loose ends and put to bed some outstanding issues.

 

Let me reiterate

 

Your company (Barclays) has been chasing me for an alleged outstanding debt to Barclaycard (ex Monument), but strangely enough for the moment this seems to have abated?

 

During an earlier case (regarding charges) I had asked to see my agreement. The “agreement” sent did not in any way shape or form comply to the standards set out in the Consumer Credit Act 1974.

 

(please see enclosed copy agreement)

 

After studying it and taking advice I have decided to query its legitimacy.

 

As you can see from the enclosed agreement the prescribed terms are totally absent, in fact many of the required terms are also absent.

 

It is my contention that 1 the agreement is improperly executed

2 the agreement is unenforceable via s127(3)

 

This being so, it would also be evident that this has been the case from day1. As the two above facts are irrefutable any terms and conditions would not have had ANY effect. Your company ( Barclays ) has therefore been unlawfully charging me interest.

 

I therefore claim the return of interest unlawfully taken and a realistic compensatory amount based on the time value of the money while it has been in your possession. I feel that the same interest rate that your company used would be fair.

 

It would appear that the most common rate applied to my account was 1.527% per month

 

I have used this rate calculated daily, and compounded it.

 

The calculation used was charge =((1+rate)x days)x amount, If you know of a better way I would appreciate some insight. I believe the amount calculated is less rather than more, but is sufficiently accurate for my purposes.

 

Please see attached schedule

 

The amount of interest wrongly charged is £4040.69 and calculating compound interest on that amount = £10,623.69 giving a claim of £14,664.38

 

As this dispute has gone on for some time and you have already had plenty of warning and know of the case history and my intentions I would like a response to this within 10 days of receipt or I will start the litigation process. Please consider this a final letter before action.

 

I hope to hear from you as soon a possible and at least within the above time-scale.

 

Yours Sincerely

 

davefirewalker

 

 

For expediency you may reply by fax or email or otherwise by royal mail to the address above

 

 

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

 

rgds to all

 

dave

[davefirewalker]

OK.....in for a penny in for a pound

 

Amex was third on my list of things to do.........

 

just sent them this

 

Dear Sir,

 

I have been somewhat lax in my affairs of late and have let a few things slip by.......

 

However with a new year comes a new resolve and it is my intention to tie up some loose ends and put to bed some issues.

 

I have re-looked at our various communications and correspondences, and have decided to try to resolve my outstanding issues with your company.

 

In looking at the agreement sent in response to my requests, it is obvious that it does not comply with the standards set out in the Consumer Credit Act.

 

There are NO prescribed terms evident and NO reference to any terms and conditions elsewhere!

 

The bottom part of the agreement is missing, and the terms and conditions supplied on many sheets of A4 appear to be set out in a later format and style. I do not believe that they are from the same document.

 

However I would point out the Civil Procedure rules regarding pre action protocols especially CPR 31.16 which gives me the right to view any documents relied upon and especially practice direction 16 para 7.3

 

Quote “7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing”

 

 

It is my belief that the agreement is improperly executed and is also unenforceable via s127(3) of the CCA1974, this being the case it has been like this from day1. Therefore any terms and conditions that you have or may have tried to impose would not have legal effect. You did not have the legal right to add interest to the account!

 

I am making this claim for the return of interest wrongly and unlawfully taken. This adds up to £720.nn, I have decided to ask for a compensatory award of interest at your commercially compounded rates to go some way towards compensating me for the time value of the money while it was in your possession.

 

I have used the rates that were in force during the period the “agreement” ran, these are 1.45% 1.4% and 1.2% per month.

 

This adds up to a total interest of £2,000.nn giving a total claim of £2,720.nn please see attached schedule for details

 

As this dispute has been ongoing for some time and you have had plenty of time to study the evidence and prepare to defend yourselves, I would expect a reply from your company within 10 days of receipt or I will start litigation without further notice.

 

I hope to hear from you at your earliest opportunity

 

 

 

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

 

rgds to all

 

Dave

Yours sincerely

[patrickq1]

much much better dave more professional lol now you should get proper answers good luck mate

patrickq1

[patrickq1]

I have used the rates that were in force during the period the “agreement” ran, these are 1.45% 1.4% and 1.2% per month.

carefull with that you may like to consider ANY AGREEMENTS THAT MAY POSSIBLY EXIST

[davefirewalker]

I have used the rates that were in force during the period the “agreement” ran, these are 1.45% 1.4% and 1.2% per month.

carefull with that you may like to consider ANY AGREEMENTS THAT MAY POSSIBLY EXIST

 

Hi Patrick

 

the agreement referred to had three different rates throughout its lifetime. in the schedule of charges I have made it clear when the rates change and by how much. I think it will be ok !

 

thanks for your input though.......

 

best rgds

 

Dave

[Goldlady]

'purported agreement'? 'alleged agreement'?

[davefirewalker]

Well thats a hard one...........thats why I put it in quotes.

 

I accept that I had the money AND repaid it (all)....so an agreement of sorts must have been in effect.

 

However in hindsight the agreement seems to have been invalid.......????

 

It was improperly executed and unenforceable due to lack of prescribed terms

 

in fact due to lack of MOST terms....it didnt even have a heading or their name on it

 

rgds

 

Dave

[Goldlady]

 

It was improperly executed and unenforceable due to lack of prescribed terms

 

in fact due to lack of MOST terms....it didnt even have a heading or their name on it

 

rgds

 

Dave

 

:lol: - priceless

 

You could of course use the word 'paperwork' rather than agreement.

[lexis200]

You could of course use the word 'paperwork' rather than agreement.

 

I love that one Goldlady - I may have to start using it in my letters:D

[davefirewalker]

Well thats a hard one...........thats why I put it in quotes.

 

I accept that I had the money AND repaid it (all)....so an agreement of sorts must have been in effect.

 

However in hindsight the agreement seems to have been invalid.......????

 

It was improperly executed and unenforceable due to lack of prescribed terms

 

in fact due to lack of MOST terms....it didnt even have a heading or their name on it

 

rgds

 

Dave

 

for everyones delictation..... are they in trouble ???

 

rgds

 

Dave

 

[lexis200]

Is that really all they had? You get asked for more info when you set up a direct debit!!

 

And who exactly is it giving the card?? There doesn't seem to be any company name on it?

 

I'd pay good money to get sent stuff like that from my banks. Actually I'd have to pay in cakes and chocolate as I don't have any money, but you get the gist:D

[davefirewalker]

Is that really all they had? You get asked for more info when you set up a direct debit!!

 

And who exactly is it giving the card?? There doesn't seem to be any company name on it?

 

I'd pay good money to get sent stuff like that from my banks. Actually I'd have to pay in cakes and chocolate as I don't have any money, but you get the gist:D

 

You think that is bad.........have a look at the MOnument one on p2 of this thread..:)....or in fact for ease I have copied it here

 

 

Dave

Edited January 8, 2009 by davefirewalker

[lexis200]

Excellent:D I'm now wishing I'd had an account with them:D:D

[Goldlady]

I haven't CCA'd Monument yet as they have been happy with £1 a month for the last three years. Suspect I have just found out the reason why! Actually mine was Providian when I first obtained the card (and I may have completed some sort of paperwork at the time:D)

[davefirewalker]

I haven't CCA'd Monument yet as they have been happy with £1 a month for the last three years. Suspect I have just found out the reason why! Actually mine was Providian when I first obtained the card (and I may have completed some sort of paperwork at the time:D)

 

YES......mine was too!!!

go cca them

 

rgds

 

Dave

[davefirewalker]

Just got my first reply from Barclayshark.......

 

"I refer to my previous letters...blah blah blah go away dont bother me" to paraphrase

 

Not good enough

 

first shot across the bows coming up.............

 

Dear mr barclayshark

 

Thank you for your prompt reply, the contents of which have been noted.

 

Further to my letter of the 6th Jan 2009 and your reply received here on the 9th Jan, I was hoping to achieve a resolution without the need for court action, and in fact I have been very understanding of your position.

 

Like you I agree that this seems to be going round in circles and would ask you to reconsider your position one last time. I suspect though that my request will fall on deaf ears

 

However, in light of our recent comunications it seems as though litigation is the only way forward and to that end there is information that I need you to confirm, for me to asses the values and merit of the case.

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature and any other documents that you may rely upon in our intended litigation, including but not limited to the original terms and conditions that were in effect. I require this as I have reason to believe that there may be discrepancies within the agreement which may leave it improperly executed, and in fact unenforceable.

 

Obviously if the agreement is improperly executed I would be entitled to ask the court to consider the agreement and make a declaration of the rights of parties to the agreement.

 

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974, but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16) and therefore an unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

Please confirm if you still hold a copy of my signed agreement and that you will provide me with this document and any other documents that may be relevant.

 

I do not view this as an unreasonable request given that by supplying the documents which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides

 

I look forward to your reply and would ask for a response by no later than 4pm on 30th Jan 2009

 

This is not a path that I would choose to go down lightly, but it seems as though I have no other alternative, and every avenue has already been exhausted

 

However I honestly believe that the law is on my side and that I will prevail. I will wait until the end of the generous time period allowed and then file the N1.

 

Thank you for your indulgence

 

Yours Sincerely

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

 

Lets see what that brings

 

Dave

[lexis200]

Hi Dave

 

I hope that letter gets you somewhere - it reads very well to me at least:)

 

I just wanted to ask, if you make a request under the CPR rules, what happens if they don't comply? Are you bound into then starting court action, or is it simply a pre-curser for the possibility you may want to litigate?

 

Thanks

 

Lexis:)

[davefirewalker]

Hi Dave

 

I hope that letter gets you somewhere - it reads very well to me at least:)

 

I just wanted to ask, if you make a request under the CPR rules, what happens if they don't comply? Are you bound into then starting court action, or is it simply a pre-curser for the possibility you may want to litigate?

 

Thanks

 

Lexis:)

 

It is a precursor to litigation and they have to, or can be made to comply.

 

Try looking here for info, http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

............... and of course the HMCS website CPR rules

 

rgds

 

Dave

[lexis200]

Thanks, I'll trundle on over to that thread and have a look:)

[BlueSquirrel]

You think that is bad.........have a look at the MOnument one on p2 of this thread..:)....or in fact for ease I have copied it here

 

 

Dave

 

Yep I've got that one It is dated 2004. Nothing happened between 1999 and 2004 to affect things, did it?

[davefirewalker]

Yep I've got that one It is dated 2004. Nothing happened between 1999 and 2004 to affect things, did it?

 

Dont think so.....the 1983 regs were ammended 2004 but I think they only came into force in May 2005...

 

However nothing much altered as regards the prescribed terms etc.

 

Dave