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  • #16
    Re: Buchanan Clark and Wells

    An update.
    They have sent me a ''Final Response'' letter where they state that they have asked their client (Aktiv Kapital) for the documentation requested by me (a CCA).
    They have provided a copy of a ''Priority Request Form'' signed by me, which purports to be the CCA, some terms and conditions which are not from the original time of the request (late payment penalties give it away) and a large bundle of statements. They state that this means I ''have entered into a contractual Credit Agreement with the creditor''.
    They go on to ask me to contact the office to discuss repayment options.....yeah, sure I will.
    I also have 6 months to contact the Financial Ombudsman if I wish to take it further.
    Should my next step be to upload the ''CCA'' for the opinion of Niddy and co?

    S.

    Comment

    • #17
      Re: Buchanan Clark and Wells

      send it to niddy at agreements@all-about-debt.co.uk and put your screen name in the subject line so he knows who you are.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #18
        Re: Buchanan Clark and Wells

        You got in there while I was looking for the email address
        Let your smile change the world but don't let the world change your smile

        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

        • #19
          Re: Buchanan Clark and Wells

          Thankyou both!

          Comment

          • #20
            Re: Buchanan Clark and Wells

            2 emails sent to Niddy (2 parts of agreement)...... there are also multiple pages of T&Cs but I'll hold off on those for the moment.

            S

            Comment

            • #21
              Re: Buchanan Clark and Wells

              I doubt Niddy would need to see the T&Cs. If he does he'll ask.
              Let your smile change the world but don't let the world change your smile

              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #22
                Re: Buchanan Clark and Wells

                A response from Niddy......... its Unenforceable due to missing terms.

                Thanks Niddy!

                S.

                Comment

                • #23
                  Re: Buchanan Clark and Wells

                  I've been doing a bit of ''swotting'' on missing prescribed terms and unenforceability and have found instances where people have said that these can still be enforced by the court. Is this true as I was wondering if there was still a chance they would still go to court, or is there no leeway for the courts if terms are missing?

                  S.

                  Comment

                  • #24
                    Re: Buchanan Clark and Wells

                    I think you need to stop worrying and read the diaries, each case to their own merit - if the terms you have been issued were never the ones supplied at the time of inception then you wouldn't have anything to worry about.

                    however we cannot answer such generalised questions as a lot depends on what a lender does do, on what paperwork actually exists for the account in question.
                    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

                    • #25
                      Re: Buchanan Clark and Wells

                      Originally posted by Seamus View Post
                      I've been doing a bit of ''swotting'' on missing prescribed terms and unenforceability and have found instances where people have said that these can still be enforced by the court. Is this true as I was wondering if there was still a chance they would still go to court, or is there no leeway for the courts if terms are missing?

                      S.
                      Seamus there is always a chance they will press on and take their chances by going to court even when the documentation is considered unenforceable, But I wouldn't be worrying unduly at this point in time, if they do decide to push for court proceedings niddy will have Andrew the forums solicitor to take a look at your case and be in a position to advise you on the best way forward.

                      EDIT: sorry niddy you replied to Seamus while I was busy typing...

                      Comment

                      • #26
                        Re: Buchanan Clark and Wells

                        Thanks guys, will do as you say, reading the diaries section right now.

                        S

                        Comment

                        • #27
                          Re: Buchanan Clark and Wells

                          Originally posted by Seamus View Post
                          will do as you say, reading the diaries section right now
                          And then read this thread where an AAD member won their court case because it was proved that the creditor didn't provide the Ts & Cs at the time they signed the contract. The judgement is in the link

                          http://forums.all-about-debt.co.uk/s...l=1#post163625

                          As Niddy has said no two cases are alike but you should get some comfort in the thought that you have a similar (albeit not exact) situation for now - but be aware that the creditor may find the missing Ts & Cs eventually.


                          Originally posted by Never-In-Doubt View Post
                          each case to their own merit - if the terms you have been issued were never the ones supplied at the time of inception then you wouldn't have anything to worry about.

                          however we cannot answer such generalised questions as a lot depends on what a lender does do, on what paperwork actually exists for the account in question.

                          Comment

                          • #28
                            Re: Buchanan Clark and Wells

                            Tks PlanB will read that now

                            Comment

                            • #29
                              Re: Buchanan Clark and Wells

                              If that section is locked and you cannot read it, reply here and I'll ask a mod to authorise access to the legal section as you're no stranger to us here so can be trusted
                              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

                              • #30
                                Re: Buchanan Clark and Wells

                                Thanks Niddy, no problem I can see it.

                                S

                                Comment

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