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  • theChippy & Morgan Stanley (Barclays)

    Some brief history.....

    Stopped paying this account about 2 years ago after CCA'ing them.

    The agreement looks like a c&p, which seems normal with msdw agreements of the 2004 / 2005 era.

    It went through the normal chain of in house and external dca's who always passed it on when they received the account in dispute letter.

    All went quiet when I sent Barclays a cputr letter where rightly or wrongly, I asked if they held a compliant and unadulterated agreement.

    They wrote back neither confirming or denying the same, just saying they had fulfilled their obligations.
    All quiet for months and now sold to Lowell.

    One thing that confirmed my thoughts of a c&p is a copy of the same agreement that a cagger posted up on cag.

    On the reverse, it shows the key financial data (pt's) with some more writing underneath. Now when I compared this to mine, there was a noticeable difference in the size of the gap from where the key financial data ends to where the next piece of writing starts? - I can see no other reason for this other than a poor c&p.

    Also, it's my belief that the rear of these agreements were only ever ad's. The key financial date was never there. The rear of these were c&p'd and the extra data added in.

    Anyway, with Lowell's now on the case, I'll send a copy of the agreement to Nids to cast his expert eye over before replying to Lowell's.

    In the meantime, I'm going to try and find a copy of that agreement that shows the difference on the rear.
    -----------------------------------------------

    Happiness, is screwing over a DCA.......

  • #2
    Re: Thechippy Vs MSDW / Barclaycard / Lowells

    Ok,

    Found the 2 differing rears of these agreements.

    Click image for larger version

Name:	rear aug 2003.jpg
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ID:	1387320Click image for larger version

Name:	rear may 2004.jpg
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Size:	208.4 KB
ID:	1387322
    -----------------------------------------------

    Happiness, is screwing over a DCA.......

    Comment


    • #3
      Re: Thechippy Vs MSDW / Barclaycard / Lowells

      ..About 3.5k
      -----------------------------------------------

      Happiness, is screwing over a DCA.......

      Comment


      • #4
        Re: Thechippy Vs MSDW / Barclaycard / Lowells

        Hi Chippy, you may wish to keep an eye on my issue, just a few threads below yours. In my case they at least made some form of crude attempt to hack together a CCA. In your case it seems they didn't bother!

        Has your a/c been sold to Lowell or are they collecting on behalf of Barclaycard?

        Comment


        • #5
          Re: Thechippy Vs MSDW / Barclaycard / Lowells

          Originally posted by rockwell View Post
          Hi Chippy, you may wish to keep an eye on my issue, just a few threads below yours. In my case they at least made some form of crude attempt to hack together a CCA. In your case it seems they didn't bother!

          Has your a/c been sold to Lowell or are they collecting on behalf of Barclaycard?
          Hello mate,

          Been keeping an eye on yours already.

          According to the NOA - sold to Lowell
          -----------------------------------------------

          Happiness, is screwing over a DCA.......

          Comment


          • #6
            Re: Thechippy Vs MSDW / Barclaycard / Lowells

            I'm totally lost with this now and await your confirmation. I have found 3 threads you're reporting this account to - which are you actually using as you can't expect me to follow 3 threads for one case mate, I really can't do it as I am too busy as it is

            I have replied here ---> It just gets more betterer! - Page 4 - allaboutFORUMS
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #7
              Re: Thechippy Vs MSDW / Barclaycard / Lowells

              Originally posted by thechippy View Post
              Ok,

              Found the 2 differing rears of these agreements.

              [ATTACH]4730[/ATTACH][ATTACH]4731[/ATTACH]
              Nothing wrong with either of these, they are different in their entirety based on the fact there is 8 months between them and things (APR/link usage etc) changed in that 8 months.

              Both, based on the reverse, would be enforceable as having the PT's.

              However, luckily for you you took out PPI (whether you wanted it or not) and thus as no mention or separate PT's for this additional borrowing, it becomes unenforceable around s.18 CCA1974.

              In essence they have not complied with your s.78 request and I would be sending back a missing PT's template.

              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #8
                Re: Thechippy Vs MSDW / Barclaycard / Lowells

                Originally posted by rockwell View Post
                Hi Chippy, you may wish to keep an eye on my issue
                No no no no - this is what causes the biggest of fuck-ups when people try and compare. Huuuuge error.

                Never do that, treat yours as yours, and his as his.

                Never ever copy or presume you're the same, you aren't - impossible. Totally impossible unless two of you have identical credit profiles, same age, same job, same wage, same address, same name, same finances and best of all, both applied on the same day at the same time input by the same advisor.

                Impossible, see.... thus never compare with other users.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Thechippy Vs MSDW / Barclaycard / Lowells

                  Originally posted by Never-In-Doubt View Post
                  I'm totally lost with this now and await your confirmation. I have found 3 threads you're reporting this account to - which are you actually using as you can't expect me to follow 3 threads for one case mate, I really can't do it as I am too busy as it is

                  I have replied here ---> It just gets more betterer! - Page 4 - allaboutFORUMS
                  Hi Mate,

                  Sorry if there is some confusion.

                  This thread is Barclays / msdw only.

                  The thread "it just gets more betterer" relates to Lloyds mastercard only. Maybe the name of the thread needs changing on that one to "thechippy Vs lloyds mastercard" ??
                  -----------------------------------------------

                  Happiness, is screwing over a DCA.......

                  Comment


                  • #10
                    Re: Thechippy Vs MSDW / Barclaycard / Lowells

                    Originally posted by Never-In-Doubt View Post
                    Nothing wrong with either of these, they are different in their entirety based on the fact there is 8 months between them and things (APR/link usage etc) changed in that 8 months.

                    Both, based on the reverse, would be enforceable as having the PT's.

                    However, luckily for you you took out PPI (whether you wanted it or not) and thus as no mention or separate PT's for this additional borrowing, it becomes unenforceable around s.18 CCA1974.

                    In essence they have not complied with your s.78 request and I would be sending back a missing PT's template.

                    Ok, we're now up to date with this yes?

                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: theChippy & Morgan Stanley (Barclays)

                      We are mate.

                      I'll get the letter off and keep you updated......
                      -----------------------------------------------

                      Happiness, is screwing over a DCA.......

                      Comment

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