Jump to content



  • Tweets

  • Posts

    • The gaming giant is offloading the Venetian in a $6.25bn deal to invest in Singapore and Macao. View the full article
    • ok best shot..   you need to reply to that letter of claim.   for debt covered by the consumer credit act:   send a cca request along with the completed form:   NOTE ONLY USE THE ATTACHED FORM below DO NOT USE THE FORM SUPPLIED BY THE DCA IN THEIR PAP LETTER!! DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER. USE ROYAL MAIL 1st class - get free proof of posting from any PO counter   box D tick   I dispute this debt because ..i refer you to our previous communications and my previous respond to your previous Letter of Claim. i am over 50yrs and have deferred as required to meet the age write off.    box I tick   I also require you to supply the following..   All signed agreements Copies All my deferment sent to either yourselves, the SLC or the SAAS to date. Copies of all communications bothways in whatever format to/from Erudio, Capquest, yourselves and Me A copy of the any Default Notices A copy of the Notice of Assignment A complete set of statements detailing exactly how the sum you allege is owed has accrued detailing: All Transactions. Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA. Details of all contractual interest added by whom and on what date. List of ALL Payments made toward the Agreement   no need to do the financial statement etc anything else or send anything else bar the above do NOT give them your phone nor email PRINT your name never sign the form   staple the £1  PO to the CCA request and send it to the debt purchaser return the completed PAP form below to the solicitors that sent it to you attain free proof of posting for BOTH at any PO counter 1st class mail will do. recorded is a waste of money   reply form PAP.pdf
    • There's more support for many in the Budget, but for some it still falls short. View the full article
    • no you are kidding me...   they can't be that thick surely... could be game over if they've faked it.   can you attach it to a private msg to me please.  
    • The original pdf did bring up txt boxes where my details were, it wasn't as if it was a photocopied document with my details embedded and I do find it awfully convenient it appeared the very next day after the case meeting.   The address was the same as it should have been, but ive only recently moved, this case was already in motion during my move.   Can I then just argue the authenticity of the CCA  at the next meeting? Explain that when put into a editor my personal details and only them pop up as carefully placed text boxes whereas the rest of the form looks photocopied??
  • 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 3375 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 i am new to these sites my name is booboo39 and i dont know if i am posting ere corectly ?? if not then i am sorry to all ere . I am looking for advice on cca's and true copies of cca's i requested 2 cca's and recieved the following in the link attached if someone would please help me establish their validility ?? a set of t&c's were sent along with an agreement and statements . The agrrements (so called true copies ) have a signature on behalf of the company the name address and account no of myself but no signature of mine . Also there is a paragraph about missing payments on the agreements and after further research i am led to believe the agreement is not a true copy due to the missing payments paragraph . If anybody would be willing to look at them for me i would be soo grateful as i dont know where to turn , i have always worked things out and fought my own corner but i need a bit of guidance and a good bit of advice it seems now:confused:. Once again sorry if i have intruded here and the following link is a link to the cca and t&c's i need help with . Also well done Dave against the world :)consumer credit agreements pictures by betty240370 - Photobucket Thankyou all and hope someone can take the time to look advise me please :-|

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

Top Posters In This Topic

Hi i am new to these sites my name is booboo39 and i dont know if i am posting ere corectly ?? if not then i am sorry to all ere . I am looking for advice on cca's and true copies of cca's i requested 2 cca's and recieved the following in the link attached if someone would please help me establish their validility ?? a set of t&c's were sent along with an agreement and statements . The agrrements (so called true copies ) have a signature on behalf of the company the name address and account no of myself but no signature of mine . Also there is a paragraph about missing payments on the agreements and after further research i am led to believe the agreement is not a true copy due to the missing payments paragraph . If anybody would be willing to look at them for me i would be soo grateful as i dont know where to turn , i have always worked things out and fought my own corner but i need a bit of guidance and a good bit of advice it seems now:confused:. Once again sorry if i have intruded here and the following link is a link to the cca and t&c's i need help with . Also well done Dave against the world :)consumer credit agreements pictures by betty240370 - Photobucket Thankyou all and hope someone can take the time to look advise me please :-|

 

best to start your own thread.....

 

but looking at the cca's supplied....if it hasnt got your signature they havent a hope of enforcing it (probably)...but ive seen some pretty bad judgements recently.

 

start your own thread and someone will be along shortly

 

rgds

 

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
  • 2 months later...

Hi guys I'm back again...... (never really been away....just lurking)

 

decided to finally get to grips with things after all the pratting about.

 

Sent Barclaycard a demand for unlawful charges + contractual interest totalling £581 + £1200 in interest (compounded)

 

This must have woken them up and they credited my bank account with £621 with no ties (this was always the stumbling point) they had previously always wanted to tie me into a confidentiality agreement and agreement never to sue them again........I wasnt having that

 

£627........?????? it works out that this is the £581 + 8% on the whole.

 

This was not what I had asked for......nowhere near...they had originally agreed to £750 and then £800...... Even at 8% from the date of each charge this now comes to about £831 so why would I accept £627 ?

 

I wrote to them (once the money was safely in the account) and thanked them for the deposit, and politely asked when I could expect the balance :)

 

They then wrote a rather short letter telling me to go forward and procreate, and that I could take the matter up with the FOS If I wanted.

 

I went one better and issued an N1 for the balance. they have until Nov 2 to acknowledge service.

 

The battle is joined. These are just the opening shots I have bigger plans for this motley crew.

 

rgds

 

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

Hurrah, glad to see you back Dave - & obviously fired up on all cylinders! :)

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.

 

Link to post
Share on other sites

thanks for the kind comments

 

I'll keep you updated

 

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

a star has returned

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Link to post
Share on other sites

got the Notice of Service through in this mornings post.....and they say they are going to defend......ho hum

 

quite honestly I cant see what they are going to defend, and I can't wait to see the defence.

 

I suppose my putting on compound contractual interest has rattled them. I really cant wait to see if this ACTUALLY gets into court.

 

rgds

 

Dave

  • Haha 1

** 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 guys

 

for further information......

 

This latest attack on barclaycard is for a CC originally issued by Morgan Stanley.

 

they were then taken over by Goldfish and then by BC.

 

At sometime while Goldfish had it, and while it was still in dispute they sold it (in my opinion unlawfully) to HFO services who have been extremely quiet since about 18 months ago when I told them to "go fish" :)

 

I have since written to hfo regarding the unfair charges and threatened them with court action and they replied that they would have to talk to their clients (BC).

 

So it seems as though it wasnt a full assignment and that the responsibility still lies with BC. So a few letters later and the paid me £627 as a "goodwill" gesture.

 

And thats where we're upto at the moment. I asked for the charges and compound contractual totalling nearly £1800 and the gave me £627...hmmm

 

game on

 

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 Dave,

 

What most of us are getting from Bcard in reply to our requests for our MSDW agreements is a cut and paste job and they are extremely reluctant to let any of us see Q4. I have asked repeatedly for a copy of the whole agreement over the past few months and there's no sign of it.

 

DD

Link to post
Share on other sites
Hi Dave,

 

What most of us are getting from Bcard in reply to our requests for our MSDW agreements is a cut and paste job and they are extremely reluctant to let any of us see Q4. I have asked repeatedly for a copy of the whole agreement over the past few months and there's no sign of it.

 

DD

 

Yeah, in common with a lot of other credit providers they only release the bare minimum, but barclays seem to be quite a problem (reading other posts). The only real way of getting a result would be the CPR route....

 

I was fortunate in that my agreement was supplied by Morgan stanley in 2007. and yes it is unenforceable without any prescribed terms anywhere near it, but that is for later.......:).

 

rgds

 

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 was fortunate in that my agreement was supplied by Morgan stanley in 2007. and yes it is unenforceable without any prescribed terms anywhere near it, but that is for later.......:).

 

rgds

 

Dave

 

Hmm someone with a full copy of there application, that could be useful ;-)

 

(licking his lips and wondering from what year :-D)

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites
Hmm someone with a full copy of there application, that could be useful ;-)

 

(licking his lips and wondering from what year :-D)

 

S.

 

Hi Shadow its about 1999-2000 from memory there should be an image on here somewhere (I think). I can post it up again if you want. there is also the original MSDW t&c's which look contemporary with it

 

rgds

 

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 Shadow its about 1999-2000 from memory there should be an image on here somewhere (I think). I can post it up again if you want. there is also the original MSDW t&c's which look contemporary with it

 

rgds

 

dave

 

haha No probs, thanks for the offer....mine was 1999 and if they ever get round to sending me a copy I'll know where to come :-)

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

Link to post
Share on other sites

good news.......

 

The new UBUNTU is out (Karmic Koala 9.10) So i will be re-installing.

 

For those of you that dont know what UBUNTU is its a totally FREE operating system and does most things that windows does.....but better!!!. all the applications are free as well office suite etc.

 

You can even choose to try before install......ie run it off the cd without installing (not as fast though)

 

I have chosen to re-install rather than upgrade because I want the new filesysytem on my nice new 250gb sata drive. I used to "dual boot" into XP but have long since deleted it as I found I didnt need it.

 

I need to make all sorts of backups first in case disaster befalls so may be otherwise occupied for the next N number of hours.........:)

 

sorry for the shameless ad ....but it is a non commercial concern fully committed to free software for everyone use and share, and worth a look at

 

rgds

 

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

WOW.......

 

you know when you are not really concentrating and something just jumps up and hits you

 

the agreement in post 1.....

 

MBNA

 

I have been working on a strategy to deal with this for a while and it was all rather up in the air

 

well I just looked at it again......and nowhere does it say that the ppi is optional

 

this means that it shouldbe classed as a charge for credit......totally screwing the whole agreement up

 

:) :) :)

 

 

mbnaresponse.jpg

 

what do you think

 

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

BTW the install went well........I'm a very happy bunny

 

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
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...