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CCA's and Dave against the world !!!


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I've been having a little discussion with CitizenB about statements not going back to the 1st statement on your account.

 

What they were told by the tax man was that they needed to keep essential documents (which I would guess for most of us would be the agreement and terms) for 6 years after the relationship has ended.

 

Going on from this, we move onto statements. How, if they don't have all the statements from the beginning of the account, can they prove the balance showing is correct, or that the brought forward balance on the first statement they send you is right? This was the question put forward by the tax man that CitizenB spoke to.

 

I've just sent a non-compliance letter to MBNA and Halifax about this, asking them to either send them or else detail every payment, interest charge, fee etc from their details. If they can't do this I've asked them to prove that the brought forward amount, and therefore the current balance, are correct.

 

I doubt I'll get anywhere with it, but I do think it's a valid point.

Time flies like an arrow...

Fruit flies like a banana.

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How, if they don't have all the statements from the beginning of the account, can they prove the balance showing is correct, or that the brought forward balance on the first statement they send you is right? This was the question put forward by the tax man that CitizenB spoke to.

 

I doubt I'll get anywhere with it, but I do think it's a valid point.

 

I think it's a valid point too lexis & I've noted CB's posts before. However I think the response of the OC to queries re. b/f balances would be 'if you thought it was incorrect, why didn't you query it when we sent you the original statments, why wait 6 years+?' and to be fair, I think that statement would have be a valid point too.

 

Moral: keep your paperwork :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Fair point, but I could be a complete numpty who doesn't know one end of a spoon from another. From a legal standpoint, if I feigned complete ignorance (not hard really:D) surely they would have to prove they were right, they can't just say 'you would have known'?

 

It's not a problem for me though as obviously they are both going to say 'no problem, here's the statements you wanted, oh and by the way, we can't find a decent agreement so have your interest payments back as we shouldn't have them in the first place'

 

Or something like that:lol:

Time flies like an arrow...

Fruit flies like a banana.

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It's not a problem for me though as obviously they are both going to say 'no problem, here's the statements you wanted, oh and by the way, we can't find a decent agreement so have your interest payments back as we shouldn't have them in the first place'

 

Or something like that:lol:

 

On this planet?! :-D:-D

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Very impressed Dave,

I am currently looking into some problems my brother is having with oweing money he can only afford the interest and has paid loads over the years (and got no where) but the banks wont give him a better rate so he will be able to pay some of the balance off. I am looking into the uninforcable Credit Agreementas the loan and credit card was taken out before April 2007 and its worth exploring but dont really know to much about it so have just joined the site.

Any way good luck

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rosina if u make ur own threads then we can help u more than we could on daves thread.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Great thread Dave - I look forward to hearing your outcome. Good luck :)

Claimed bank charges back from First Direct - 2007

Claim pending for bank charges with Alliance & Leicester - 2008

Looking into enforceability of CCA's with MBNA (x2) and Next Directory - 2009

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Great post.

I have 2 threads going at the moment and would appreciate some help if anyone is able to?

 

http://www.consumeractiongroup.co.uk/forum/alliance-leicester/173189-l-default.html

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/156350-next-littlewoods-defaults.html

 

I hope those links worked ok, not sure I've done it correctly!

 

Many thanks everyone - keep up the good work

:p

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  • 2 weeks later...
Yes..........weve had this particular discussion before, the important bit is halfway through line 3 of reg 3(2) "which is not required by the Agreements Regulations"

 

ie they may leave out anything not required by the 1983 agreements regs...which leaves them little room to manoeuvre as the 1983 regs require a LOT of stuff to be included.

 

Dave

 

 

Hi I am desperately looking for the pdf of this OFT doc.

 

http://www.oft.gov.uk/shared_oft/rep...it/OFT786a.pdf ut this link shows as error now on OFT site.:sad: Have you by any chance the pdf?

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Is it the Regs you want MMM?

 

There is a CAG link here:http://www.consumerforums.com/resources/templates-library/57-statutes/176-consumer-credit-act-1974-and-related-regulations-

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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can u tell use what the link should give u please

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Is it the Regs you want MMM?

 

There is a CAG link here:http://www.consumerforums.com/resources/templates-library/57-statutes/176-consumer-credit-act-1974-and-related-regulations-

 

 

Hiya FG!

 

I am after a booklet published by the OFT that explains all about the prescribed terms. The link at the OFT has been deleted by them. All I know is the booklet is referenced OFT786a.

 

milly XX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Hiya FG!

 

I am after a booklet published by the OFT that explains all about the prescribed terms. The link at the OFT has been deleted by them. All I know is the booklet is referenced OFT786a.

 

milly XX

 

Milly, i uploaded this for you on the other thread also ...

 

MEGAUPLOAD - The leading online storage and file delivery service

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Milly, i uploaded this for you on the other thread also ...

 

MEGAUPLOAD - The leading online storage and file delivery service

 

 

Hiya Tifo!

 

Yes thankyou you wonderful person:D I have repped you.

 

Milly XXX

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Sorry to butt in but how do you access that booklet Tifo? I cant seem to download it but would be interested in a copy.

 

When you go to the site Jonesey, you first have to type in the 3 letter Captcha code (eg ABC or whatever) and then press the download button.

 

 

It will then come up with a screen with two options...premium (which you have to pay for) or the free option which has a 45second wait time. Once this has fully counted down the button changes to 'free download'. Hope this helps.

 

If Tifo does come back....I notice the document says 'Draft.' Do you happen to know if it was ever finanalised??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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If Tifo does come back....I notice the document says 'Draft.' Do you happen to know if it was ever finanalised??

 

No, i don't know. This is the only copy i have, can't seem to find a finalised one on my PC. I think it should be OK though.

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No, i don't know. This is the only copy i have, can't seem to find a finalised one on my PC. I think it should be OK though.

 

Thanks Tifo...searched around a bit more and it only seems to have ever been a draft.....I wonder why??!!!

 

Also curious to know whay OFT removed it from their site......me thinks it's all a big conspiracy!! :shock:

 

EDIT - Glad you got it Jonesey!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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noomill060

 

can i please have the bb codes for that picture.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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