Is My Agreement Enforceable - Useful

[diddydicky]

hmm, spill chucker not working then DD:lol:

 

one of my failings im afraid my fingers go faster than my brain (lol)

[diddydicky]

nothing wrong with my grandma!

[diddydicky]

anyway i heard that 2/3rd of caggers on here cant do simple maths and the other half struggle with algebra!

[diddydicky]

its a pretty safe bet that a document in which you REQUEST is an application

 

in any event the fail to comply with the s78 request if the documents sent are not "easily legible"

 

note that barely legible, some parts are legible, almost legible.you can see with a magnifying glass etc are all UNACCEPTABLE

 

the documents MUST be easily legible they remain in default until they provide easily legible documents

 

They cannot issue a statutory demand if they hold security for their debt

 

they could apply for an order to sell the property

[diddydicky]

he procedure to get a statutory demand set aside.

After the period of 21 day from the statutory demand being served the person issuing the statutory demand may begin the process that petitions the person’s bankruptcy.

One method of avoiding bankruptcy is to get the statutory demand set aside.

To successfully get a statutory demand set aside one or more of the following must be satisfied:-

The amount stated on the statutory demand is disputed.

The person issuing the statutory demand also owes money. This is called a counterclaim.

The person issuing the statutory demand is holding security that equals or exceeds the amount owing.

The demand was issued in error.

The amount owing is less than £750

Execution has been stayed on a judgement debt.

The debtor is complying with an instalment order. This would mean the debt is not actually owed as it is being paid back.

The creditor failed to comply with the rules and prejudiced the debtor in the process.

[diddydicky]

sorry just trying to find the thread it should have gone on

[diddydicky]

sorry it was in response to post 680 - it showed as the most recent post so i answered it not realising that there was another page of post

 

my humble apologies (and another one!)

[diddydicky]

Hmm dont believe a word of that ;-)

 

Why not just click on the edit button of 688 which was your original response and add the quote there

 

I prefer content to quantity anyways....

 

S.

 

i think you will find that i made a reply to the post, then i looked on my bookmarks for a saved file re sd's and posted it up to confirm the stament i had made in the post that they cannot run a SD if they hold security

 

 

i don't give a flying F**k about how many posts i have

 

i am not in some sort of race or competition as to how many posts i have on here like some saddo's

 

if it makes you feel better you have my full permission to ask the site team to set the counter to zero every week

[diddydicky]

i apologise re the smiley if that was humour then i missed it

 

your third sentence though was a dig at me i think!

 

there see what you have done- another post!!

 

(i cant make the bloody smileys work)

[diddydicky]

thank you -

[diddydicky]

they are in default after the 12+2 whether you tell them so or not- so just keep a note of the dates

[diddydicky]

The statutory fee is complete fraud. I will not pay it. Admiralty law does not require you to pay it at all and that is what I go by.

 

When sending letter send it recorded delivery and copy letters as proof.

 

you havn't been listening to "nuke em" by any chance have you?

[diddydicky]

Sorry i think i have missed summing.

 

Now the Navy are involved with CCAs that is unless i have read summing wrong.

 

Pt do u have any idea what this guy is on about?

 

i think he missed the words LAMB and RUM out of the original quote

 

does that to you after the seventh one!!

[diddydicky]

Why would one pay even one more dime just to fill their coffin some more. Even if you send them the pound whose to say they won't come up with another story. Also don't assume anything of another person unless you have complete facts about them. I'm just putting my two cents in is all. Sure somethings I need to read about more to understand but it's all a work in progress. I refuse to pay the pound fee. Show me copy of contract no if's, ands or buts!!!

 

It is their obligation to prove to you!

 

meanwhile...........back in the real world..........you have no right to demand copies of documents that you (should) have already been given a copy of and expect them to make and post copies to you for free.

 

where in the alternative argument does it say you are entitled to write anytime to anyone you do business with and demand- without cost to you that they do work over and above that contained in the contract?? how many times a week can you demand this?

 

the one pound is fixed as a contribution to assist those who might not be able to afford the true cost )probably nearer to 4 or 5 pounds) of providing this information

Edited August 5, 2009 by diddydicky

[diddydicky]

ah! soul

[diddydicky]

i think andrew, what everyone is getting at is that if you want the folk on the forum to help you, you will need to accept that the only way you are going to get anywhere with the creditors or dca's is to play by the rules that exist in the real world and not some doctrine of chairman Nuke em or whoever is filling your head with the details of the revolution that will never happen (well not before you have sorted your cca's out anyway)

[diddydicky]

well all gov'ts look at Admiralty Law as it is the basis from what I understand. I still refuse to pay the 1Pound charge as I have never heard of it and if so it should be mentioned. On top of that a contract is legally binding when two people sign it not just one. A corporation cannot sign contracts and if in dispute it is up to them to prove to you that they are in the right. To demand a pound is absurd. Banks are fraudulent. I do need to read some more yes but also people need to read further and think about what it is you are doing. Falling into their game or standing ground and fighting which includes not paying the so called 1GBP charge. People have been helpful to s certain degree in both ways both disrespecting and respecting.

 

 

 

 

By the way I've been sending recorded delivery letters asking for for 3 things one being the copy of contract. HSBC the party I started getting an understanding never asked for the 1pound but stated things. Now companies who lend may ask for it but it is not enforceable. You can choose to pay it or not. I choose to not as I am in dispute with them. They are the ones who lend money out so if they want the money they need to prove to you they have a contract with you. We have the upper hand as much as it seems they do. look at it that way. Look at it from a legal perspective whether there is one pound or not. What has to be proven is a contract exists between two parties. If there is no contract produced then case closed. They can't enforce it. More later but the help so far has been alright. Keep options open and look at all angles not just what supposedly right oh pay one pound for a copy of contract as it is a statute. Not law a statute.

 

boy, when one of them gets you to court you are going to be in for one hell of a (expensive) shock

 

i would be surprised if you do actually have any agreement to challenge and i suspect that you are just on here to promote the anti establishmente crusade

 

if i am wrong and you are genuinely challenging your debts then it's a fair bet you are going to have some pretty rude awakenings in court!

[diddydicky]

I just send a £1 Postal Order. You dont have to sign it and its as good as cash and sent by RD or Proof of postage, they cant deny receiving it

 

it would be wise to endorse the back

 

"payment for CCA s78 request"

 

otherwise they may simply say "ta very much" and pay it into you account as a payment towards your account!!

[diddydicky]

Hello Ive spoken to two of credit recovery agents in depth and they said the same it takes 2 months to get a copy agreement. Which most on here can tell you is wrong. It takes 12 days or less and within one month otherwise the card companies are in default themselves. So that should be the first sign these rogues are milking clients. A friend of mine is now on his 3rd claims company having wasted a lot in fees with 2 others. Ive printed off letters here and on other forum sites and given him copies and hes going to do it himself now. Then at least he will also know how its going. All of my agreements arrived quickly where there were any - except I asked my solicitor to do it for me (but not again after he failed to read the act and send the statutory £1 off with the request). So Ive now started again hoping where we have an agreement the card companies may try to alter it having already got one copy they may think I havent got it from my solicitor and atempt to alter it. I sign over my typed name to help defeat attempts to cut and paste or otherwise lift my signature. With MBNA and Capital One 'application' forms arrived in MBNA's case the financial conditions (they omitted 'terms') need a magnifying glass to read and they are not given equal prominence and thus according to the act none compliant in these respects. Then the APR was missed from purchases but exhaustively dealt with in cash advances - so not sure wheher an APR is needed but it is then its prob. not enforecable. Cap Ones was also an application form again I dont know for sure whether an application form can also be an agreement. But terms and conds. were to reverse but no copy provided so cant tell as yet whether its correct. I hope a distinction can be successfully argued over whether an application form can be an agreement as if so I have two that can be argued with in this respect.

 

I have a further 7 cards where I'm hoping to find unenforceable agreements - in the case of HSBC there isnt one, Alliance and Leicester none, Mint none, Monument a reply card whivh has no interest rte on it no terms and conditions but which annoyingly my solicitor thinks I will fail to convince the judge on in my favour ! So im looking at taking this over myself as he cant be right. Any others here won any court cases yet or got any pointers ?

 

with that many cards an d if you can afford it- get yourself a truecall- it will make life so much easier

[diddydicky]

I havent had time to read the whole thread (sorry) but if you are so close (3-4 months ) from the SB deadline i would just keep quiet and not have any contact at all- after January it doesn't matter if the agreement was or was not valid- a lot less hassle

[diddydicky]

well thats a tricky one- to which i dont know the answer- but i would have a pretty strong guess that if someone were to commence proceedings prior to the deadline and claim that the debt was owed that the clock would effectively be stopped

[diddydicky]

Hi

 

Sorry ,my finger appears to be suffering from dementia.

 

so long as there are no PRESCRIBED TERMS on it then it is no good

 

(also it will probably not have the creditors signature on it either if it is an application form)

[diddydicky]

the single premium is for protection against theft and fraud i think and NOT ppi but check

[diddydicky]

Hi an application becomes an agreement if the prescribed terms are included which for running agreements i.e. credit cards that really means TCC - total charge for credit and APR and payment terms. Credit limit is usually stated as we will determine this etc. There has to be a signature from both but seal or rubber stamp ok for card co. it has to be legible. So if as on my Capital One application/agreement form the interest is stated as 11.9% 'long term' 'one of the lowest rates in the UK' etc but has no terms showing how or if it can be altered then you could argue for a refund between this rate and the new rate (IF it is held to be an agreement ) if the current rate is far higher as all of them are now.

 

if it is the application form that is relied upon as the agreement then you MUST have sent it to them with your signature and they must then have signed and returned it to you- so you then have the original!

 

so how can they claim to have the original application form?

 

 

 

also did they send with it the terms and conditions? if so when? and did they allow the cancellation period- SAR will reveal this to be lies me thinks

 

 

i am not an expert but i think that all companies attempting to use the application form as an agreement are lying

[diddydicky]

Hi

 

The capital one application creditors signiture was pre-printed on the application form, i have seen the same signiture on another posters form, it is in a broad ink , as if you used a flat highlighter to write it if you get me ,not a thin line signiture.

 

opens up a whole new debate then

 

IMO since the creditor has to make a decision once the application has been completed and sent in by the customer- i would venture to suggest that it is impossible for them to pre sign the application form and allege it is an agreement since once the customer signed it it would become legally binding- even if the customer was not creditworthy (which would then open up yet another argument as to whether they were lending responsibly)

 

one for the legal bods but IMO that proposition is a total non starter