Scare tactics from Link Financial Ltd

[mummybird]

Thanks curlyben

Will scan and post tonight. Not a good photocopy. Hope it comes out alright. Have looked at the link " Is my agreement enforceable" and it seems unlikely.

[mummybird]

I'm a failure. I scanned and deleted personal bits, saved it on my computer and now despite "dummies guide" I can't attach it. Is there some way I can e-mail it. What a thicko

[mummybird]

Help please for my above post

[ODC]

Have you uploaded it to imageshack?

[mummybird]

OMG How do I do that? I went to Dummies and pressed the button that said I could upload an image, but nothing happens. i.e 5th from left on here - it says insert image. I have to tell you I'm a post-war baby with an 82 old mother and a disabled husband to care for and I just haven't had the time to teach myself computer skills, like the next generation has and its a slow,slow process. I'm dealing with my son's debts and bank charges for all my kids so...........................forgive me

[mrmarmite]

and you are doing a grand job i might add

[mummybird]

Thanks Marmite. I've just phoned one of my kids for help!

[mr.ton]

Hello everybody,

THey then said it had to be paid in a year at £230.26 per month, again I said he couldn't afford, so they suggested £100.00 per month. I said I would discuss this with my son and would they call me after the weekend and that once we had reached a satisfactory agreement, he would set up a direct debit. No said they, it must be paid with a debit card and then went ask for my debit card. I said no - was not paying it, but helping him to sort everything out. They then told me the debt was mine!!!

 

Who or what gives these muppets the right to dictate how much must be paid & when?

You are the boss in this situation - not them!

The way they were saying no to this & no to that, in your story above - if that had of been me i'd have told them to go take a run and jump & make do with £1 per month - like it or lump it

[mummybird]

Ok I think I can post the Credit card application now:

http//img162.imageshack.us/img162/6121/virgininfo3.jpeg

[mummybird]

Did it work??????????????

[postggj]

No Luck Ime Afraid

I Would Use Photo Bucket More Friendly

[shep_special]

Hello every one. I'm posting this link on behalf of mummybird. Please copy/paste the link directly in to your browsers address bar to view the image. Thanks!

[mummybird]

I see my bestest step-son has managed to post the Virgin application form for me - see post 62.Looking forward to your comments

[mummybird]

Please could someone look at the link on post 62 for me.Please Please

[mrmarmite]

apart from it being upside down lol

 

can see info you blocked out so remove image and re-do

 

anyway it application form and i cant see any prescribed terms on it

[robcag]

Hi mummybird

 

I'm not an expert, but until someone with more experience comes along that looks completely unenforceable to me.

 

Apart from being quite difficult to read (was that the quality of the document you received or was it due to your scanning?), I don't see any prescribed terms.

 

To me it looks just like what it says it is at the top, an application, and nothing more.

 

Good luck

Rob

[mrmarmite]

oooooo i see you opted for ppi aswell

[ODC]

Hi mummybird

 

I'm not an expert, but until someone with more experience comes along that looks completely unenforceable to me.

 

Apart from being quite difficult to read (was that the quality of the document you received or was it due to your scanning?), I don't see any prescribed terms.

 

To me it looks just like what it says it is at the top, an application, and nothing more.

 

Good luck

Rob

 

I agree with Rob on this one.

[mummybird]

, The photocopy Link sent me was very,very poor.Thanks everyone for checking it out. Should I now write to Link and/or send SAR to MBNA?

[mummybird]

Thanks Mrmarmite for telling me that you could still see personal details. My step son is going to remove it for me and post a fresh copy up. As for PPI maybe I can do something about that too!! Anyway look forward to hearing what I should do next.

[mrmarmite]

worry about the cca for now, ppi later.

 

as what to do now.......................... nothing sounds good to me. they know there nowt they can do

 

you have placed debt into dispute by requesting an EXECUTED agreement, legally they cant do anything.

 

if you fancy writing back ask them for an executed agreement of which you asked for in the first place not an application form as it obviously NOT an EXECUTED agreement:D

[ODC]

Curlyben has an excellent letter to send to the muppets in response to this feeble attempt at complying with you CCA

[Curlyben]

Oh well I see no ships, Ooops I meant prescribed terms.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

 

 

Now for the moment WAIT until they start demanding payment again, THEN we'll hit em

 

remember until they fully comply the clock is still ticking.

[mummybird]

Thanks everybody,

So shall I wait or write to them. I'm quite happy to write if you think that's best

Luve

Mummybird

[ODC]

Do nothing until they write to you again demanding money. They know the law and know that what they have supplied does NOT comply with your CCA request.