Jump to content


  • Tweets

  • Posts

    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
    • urm......exactly what you filed .....read it carefully... it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue. you need to get readingthose threads i posted so you understand. then you'll know whats maybe next how to react or not and whats after that. 5-10 threads a day INHO. dont ever do anything without checking here 1st.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Is My Agreement Enforceable - Useful


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4817 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

If they have microfiched it it is part of a relevant filing system (IIRC Barclaycard tried that one on and got their botty smacked for it) - If it is electronically stored it is part of a relevant filing system and if it is paper-based it is part of a relevant filing system. Stored as components of a Photoshop file probably wouldn't count as part of a relevant filing system! ;)

Link to post
Share on other sites

  • Replies 1.2k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Jay jay11

 

the page cant be displayed

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!!'.

Link to post
Share on other sites

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

jayjay, that link just takes you to the photobucket home page. What you need to do is go to the document you uploaded, click on it, then you will get 4 options as "links"... I think you need to highlight, copy then come back here and paste the 3rd or 4th option.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

that link just takes to to CAG front page.

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!!'.

Link to post
Share on other sites

that link just takes to to CAG front page.

 

 

Phew, I thought it was just me.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • 2 weeks later...

Could someone please take a look at the documents in the followingl link and offer an opinion. Many thanks.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159662-gazza112-halifax-credit-card.html#post1801614

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I have recently been contacted by a debt agency who are making claim to an aged debt from a bank (2003 - when taken out). The original amount borrowed was approx £18k for consolodation purposes.

 

I am seeking some guidance as to how I should proceed.

 

I have requested the CCA as per another Google search before I stumbled on this site. This was carried out on the 23 September 2008. No futher communication was sent.

 

I have since received a copy of the CCA, received yesterday, which by my reckoning is some 6 weeks after my request and well ove the 30+2 days.

 

The CCA does have my signature, but is in the following format:

 

1st page: Limited T&C's - my signature / their signatory

2nd and 3rd pages: Other T&C's.

 

The amount claimed by the debt company is approx £29k. I am shocked at the amount as I had made a number of payments to the bank of the agreed amount and then due to circumstances at the time, reduced the amount to £100 per month with frozen interest.

 

Additionally, I have joined credit expert (otherwise have an impecabble record) and I can see the entry of default against me for £14k ??????

 

Question is, how can they be pursuing me for double the amount of the entry?

 

Also, what should my next move be considering the CCA request and late receiving of said CCA and the fact the amount does not reconcile with the entry on my credit file??

 

I should add I have not admitted any liability or acceptance of this debt to date. My account with the debt agency is on hold for 14 days.

 

Any ideas??? I am willing to clear the amount, but not to the tune of double the amount. I have requested an account statement, instead I was sent utter dribble. confused-smiley-013.gif

 

Any guidance would be appreciated.

Link to post
Share on other sites

Help needed urgently!! Hi - can anyone tell me if this a credit agreement or an application form? GE Capital Bank? Thanks

Cleo

sorry can't attach it - can anyone tell me how to do this - I have got it scanned

Edited by cleo4patra
can't attch file
Link to post
Share on other sites

Hi Cleo

 

Use photobucket or similar to upload. You have to open an account but it's free & the instructions are simple:

 

Image hosting, free photo sharing & video sharing at Photobucket

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

I have recently been contacted by a debt agency who are making claim to an aged debt from a bank (2003 - when taken out). The original amount borrowed was approx £18k for consolodation purposes.

 

I am seeking some guidance as to how I should proceed.

 

I have requested the CCA as per another Google search before I stumbled on this site. This was carried out on the 23 September 2008. No futher communication was sent.

 

I have since received a copy of the CCA, received yesterday, which by my reckoning is some 6 weeks after my request and well ove the 30+2 days.

 

The CCA does have my signature, but is in the following format:

 

1st page: Limited T&C's - my signature / their signatory

2nd and 3rd pages: Other T&C's.

 

The amount claimed by the debt company is approx £29k. I am shocked at the amount as I had made a number of payments to the bank of the agreed amount and then due to circumstances at the time, reduced the amount to £100 per month with frozen interest.

 

Additionally, I have joined credit expert (otherwise have an impecabble record) and I can see the entry of default against me for £14k ??????

 

Question is, how can they be pursuing me for double the amount of the entry?

 

Also, what should my next move be considering the CCA request and late receiving of said CCA and the fact the amount does not reconcile with the entry on my credit file??

 

I should add I have not admitted any liability or acceptance of this debt to date. My account with the debt agency is on hold for 14 days.

 

Any ideas??? I am willing to clear the amount, but not to the tune of double the amount. I have requested an account statement, instead I was sent utter dribble. confused-smiley-013.gif

 

Any guidance would be appreciated.

 

When the CCA came back what else came with it?

 

I would suggest you send a Subject Access Request to the bank/loan company and get a full breakdown of the account, statements etc to find out what is on it and how these figures add up and also to the DCA.

... And, the DCA, have they purchased the debt or just acting as an agent? If they purchased the debt, did they write and tell you, did the bank write and tell you?

 

You'll probably find that the dca has had this a long while and been wracking up interest on it at a grand rate of knots, plus a whole load of charges so you need full statements from both Original creditor and the DCA. If you are uncomfortable with the amount then I suggest you inform the dca that the account is now officially in dispute so they cannot go passing it around until the dispute is settled.

Link to post
Share on other sites

can't do it - but I have noticed on the "Application to open an account" there is a section titled "ACCount Cover" and in that secion it says"if you would like cover please sign the account cover section on the Credit Agreement application form."

 

Does this mean that the form is an application form? or a CREDIT AGREEMENT THANKS

Link to post
Share on other sites

Does this mean that the form is an application form?

 

Could very possibly be just that but without seeing the actual doc. it's impossible to say - sorry.

 

Can you try uploading again (minus your personal details) or say what exactly you're having trouble with & someone may be able to help?

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

I have a separate thread running in the Capital1 forum, but thought I'd post here as well.

 

Cap1 have replied to my CCA request saying they've complied, but only including a copy of their current t&c's. No signatures, and as its a 1990something card the fees are wrong at £12.

 

I'm guessing its unenforceable, but could it be construed that they have discharged their liability under the Act?

 

I don't want to reply saying they've not complied if they have; I'd rather remind them that I requested a signed copy and suggest that what they've sent me isn't enforceable if thats the case.

 

Thanks.

SB100 :)

Link to post
Share on other sites

Hello SB100

 

you will need to start your own thread within this forum so things do not get confused and people can help you with whatever questions you have. By posting here you may lose valuable information when people respond to your own individual questions.

 

It is easy just click the start new thread button at the bottom of the forum. Put in an appropriate title but do not use your own name for privacy reasons and submit your questions.

 

Help will be at hand but have patience;)

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

Link to post
Share on other sites

Regarding Groovychickmum's CCA on page one of this thread- is it clear that this is enforceable? I have just received exactly the same. Problem is the second page, as the creases shown on the first page do not match up on the second- they look "unconnected".

 

Without this second page, I take it the agreement would not be enforceable?

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

What is the FO?

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

This may sound silly, but iv just paid egg card 6k and closed account and mbna 4k and kept account open incase they offered me another 0%, they are the two cards I have had for 5 years plus and i guess most likely not to still have my signed agreements, is it too late now they are paid off?

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

Link to post
Share on other sites

You can't apply for a CCA skeggs once the account is terminated. If you just have nil balances on the accounts & they are still open, you can apply for the CCAs.

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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4817 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...