CCA's and Dave against the world !!!

[davefirewalker]

Thanks for all the good wishes guys.....Its not that bad ....yet, and i'm working on it. If I had Help48xxx's problems, I dont know what I'd be like.

 

onward and upward

 

Dave

[davefirewalker]

Just to keep me occupied, time now to turn the screws on Morgan stanley / goldfish......

 

its been a while since I refused their offer of £800 (for charges) they wanted me to sign a confidentiallity clause and not to be mean to them EVER again.

 

Well I wasnt having that, so I refused. I did say that I would accept the £800 if they sent it with no conditions attached, and as Dianna Ross sang " I'm Still waiting".

 

So I dont have too much to do tomorrow, might just get up to the courts and file.

 

I need to get this out of the way then I can badger them for the big one....the return of interest wrongly paid and compound on that

 

Dave

[Chalkitup]

Thanks for all the good wishes guys.....Its not that bad ....yet, and i'm working on it. If I had Help48xxx's problems, I dont know what I'd be like.

 

onward and upward

 

Dave

 

 

HANG ON ....... you have stolen my Onwards and Upwards !!!

Court Action may be taken unless you send me three billion quid by tomorrow

Legally Binding even if not read by you.

 

 

Onwards and Upwards

 

Chalkitup

[davefirewalker]

Sorry chalky....

 

but no copyright infringement exists....I used the phrase onward and upward......no plurals.

 

If however you you wish to try your luck could you please forward any copyright registrations and any patent registrations to me

 

 

Dave

[Chalkitup]

Sorry chalky....

 

but no copyright infringement exists....I used the phrase onward and upward......no plurals.

 

If however you you wish to try your luck could you please forward any copyright registrations and any patent registrations to me

 

 

Dave

 

Paperwork??? What is that???

I have assigned your debt of three billion quid to a nasty company. They will be in touch soon to harrass and threaten you with legal proceedings.

Failing that our local collector will call on you.

 

:lol:

 

Onwards and Upwards

 

Chalkitup

[davefirewalker]

in that case....i'll treat you with the same respect as I show all those that threaten me....batten down the hatches........whooooosh (s.a.m. being fired) followed by sh*tload of flak.

 

any callers Will be dealt with (severely) there are more guns per capita in merseyside than almost anywhere else !! (ouch...think I'll move)

 

Dave

[Guest dvdriley]

Goldfish have sent, in response to my cca request, the original application form and todays t & c's. How should I respond anyone??

[katie3105]

hi

 

i have sent for cca's on several of my accounts.....can anyone actually tell me if they have had a debt written off or if they have gone to court and won?

also has anyone had success with an egg card which was applied for over the internet and if so how they handled it.

 

many thanks

[davefirewalker]

Goldfish have sent, in response to my cca request, the original application form and todays t & c's. How should I respond anyone??

 

Does the "Application form" contain the prescribed terms ?

 

If not send them a letter and say that they havent complied with S78 in that the T&C supplied were not the original ones. Without the original ones they cannot say for certain if they had the right to vary them or to charge interest

 

They will write some BullS**t back saying they have complied and mention S7 of the copies of documents regulations. This is quite easy to counter.

 

you are on step 2 of about 12....... go through the motions, tell them they havent complied. in the meantime I'll look up some regs and a letter for you.

 

Dave

[davefirewalker]

hi

 

i have sent for cca's on several of my accounts.....can anyone actually tell me if they have had a debt written off or if they have gone to court and won?

also has anyone had success with an egg card which was applied for over the internet and if so how they handled it.

 

many thanks

 

If you read back a page or so........barclays have just offered to write off £3.5k which I of course refused

 

there are quite a few egg threads and I would suggest you try to find one, and ask your questions there, as egg tend to be a law unto themselves

 

try typing egg into the search box and see what comes up

 

 

Dave

[Guest dvdriley]

Thanks Dave, I have just looked on the reverse of the application form which has some terms and conditions but no signature.

[Guest dvdriley]

sorry forgot to add, no mention of any credit limit. Its basically a pre approved application, sign if you want to be bound by its terms

[katie3105]

thanks dave....i think what you are doing is fantastic and i have been in a real mess financially and not had any help from my creditors. I found this thread and its been inspirational to the point where i feel i may get a life again xxxx

 

If i have any questions i hope you dont mind me asking you....there is that much info on here its mind blowing lol

[katie3105]

hi again......just wanted to know when i get my stuff back i know what to look for and if it does not comply, is there a quick way to get them to settle that you now know of?

[davefirewalker]

thanks dave....i think what you are doing is fantastic and i have been in a real mess financially and not had any help from my creditors. I found this thread and its been inspirational to the point where i feel i may get a life again xxxx

 

If i have any questions i hope you dont mind me asking you....there is that much info on here its mind blowing lol

 

If I can Help I will ......

 

in fact this thread is visited by quite a few knowledgeable people.....I'm sure we can all help each other.

 

Best to start your own thread and leave a link here or on the other "large" cca thread, we'll pop along and see what we can do

 

Dave

[davefirewalker]

hi again......just wanted to know when i get my stuff back i know what to look for and if it does not comply, is there a quick way to get them to settle that you now know of?

 

Hahahahahah........(sorry)

 

Nope...they tend to take it to the wire.......some even turn up at court.

 

Its not really a problem if you know that you will win in the end.......its just a bit lengthy and a right pain in the a**

 

Dave

[katie3105]

thought it would not be that easy but willing to try anything now lol

[davefirewalker]

sorry forgot to add, no mention of any credit limit. Its basically a pre approved application, sign if you want to be bound by its terms

 

To be able to pass any sort of judgement I'd need to see it.

 

Best thing....start your own thread.....upload the images to "Photobucket" or similar and then put a link here and I'll pop over and have a look

 

There are certain decisions that can ONLY be made after "seeing" the docs

 

Dave

[Guest dvdriley]

ok, but i started my own thread and got no replies!!!!!

[davefirewalker]

ok, but i started my own thread and got no replies!!!!!

 

Post a link here then......and on the main cca discussion. If I dont know where it is I cant pass any comments.....

 

I'll have a look now to see if I can find it

 

Dave

[katie3105]

hi dave...just wanted a bit of help ...i dont seem to be able to start a new thread, i have no icon on my screen saying new thread. can you assist?

[Chalkitup]

hi dave...just wanted a bit of help ...i dont seem to be able to start a new thread, i have no icon on my screen saying new thread. can you assist?

 

Hello katie3105,

 

I think Dave is having a snooze:lol:

 

Try this link .... then left hand side near top is new thread icon.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/

 

 

Onwards and Upwards

 

Chalkitup

[davefirewalker]

Hello katie3105,

 

I think Dave is having a snooze:lol:

 

Try this link .... then left hand side near top is new thread icon.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/

 

 

Onwards and Upwards

 

Chalkitup

 

Yawnnnn...hmmm whats happening

 

just had a bit of running around to do...then someone gave me a bottle of Merlot as payment for a favour........ yes I succumbed...

 

anyway it seems as though chalky has sorted you (cheers buddy)

 

Dave

[davefirewalker]

Morning Dave.... r u up yet

 

course I am....

 

cant stop though....got some work to do

 

catch you later

 

Dave

[miss muppet]

Hi dvd, same as my OH got so try this:-

Thank you for your letter dated xxxx

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

You have provided me with a copy of an application form and I feel it is my duty to draw your attention to some serious flaws in your comments.

Firstly to comply with section 61 of the Consumer Credit Act 1974 which by the way refers to the signing of an agreement (not an application) a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed.

The regulations I refer to are the Copnsumer Credit (Agreements)Regulations 1983 (S1 1983/1553) These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the S1 1983/1553; without the prescribed terms the agreement does not conform to section 60(1)1974 and therefore cannot be properly exuted as described in section 61(1) Consumer Credit Act 1974.

For your information in case you are unsure the prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements)Regulations 1983/15532 are inter inter alia:- A term stating the rate of any interest on the credit to be provided under the agreement and A term staing how the debtor is to discharge his obligations under the agreement to make the repayments which may be expressed by reference to a combination of any of the following:-

(a) Number of repayments

(b) Amount of repayments

© Frequency and timing of repayments

(d) Dates of repyaments

(e) The manner in which any of the above may be determined or in any other way and any power of the creditor to vary what is payable.

Now, nowhere on the application form that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect.

Since the document you have supplied is a clear mailer application form, I cannot believe for one moment that these very important terms would be contained on the opposite side of the form unless they are there for the postman to read whilst he delivers the mail. Therefore they must have been contained in a separate doccument which is prohibited by the S1 1983/1553 as there is no clear link to them within the signature document.

Therefore you have failed to supply an enforceable document which is correctly executed as to be so, it must conform to the Regulations under s60 Consumer Credit Act 1974.

I am of the opinion that a court is precluded from enforcing this agreement by s127(3) Consumer Credit Act 1974 as it is improperly exuted under s61 CCA 74 the consequences of improper execution are set out in section 65 of the Consumer Credit Act 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications on of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127(3) CCA 1974 strictly prevents the court from enforcing this agreement.

If you cannot supply me with a document which complies with the CCA 1974 and ALL of the Regulations made under the Act, I shall be forced to make a complaint to TS and I will also draw this to the attention of the OFT.

I respectfully request you review this matter in light of my comments above and I request that you supply me with the required information or alternatively confirm the account is closed and the debt written off with a zero.

I respectfully request a reply within 14 days of the date of this letter.

Obviously put paragraphs in and where I have abbreviated put the full thing. Good Luck:-)