Angelsoxx's UE diary

[angelsoxx]

Re: Angelsoxx's UE diary

Hellooooo

Can anyone tell me if the prescribed terms are overleaf from a signature, is that properly executed? Or do the prescribed terms require a signature on the same side of the page as them to be properly executed?
Some things i've read make it sound like terms on the opposite side of the same sheet as an agreement are enforceable, others that unless the signature is on the same sheet/side, it's UE.

[SXGuy]

Re: Angelsoxx's UE diary

I think if there is a linkage between the agreement and the page holding the presrcibed terms its enforceable.

However, i think the argument for that is not as water tight as some like to make out. You would have to prove you never had the terms in the first place, which would be the killer.

[angelsoxx]

Re: Angelsoxx's UE diary

I think if there is a linkage between the agreement and the page holding the presrcibed terms its enforceable.

However, i think the argument for that is not as water tight as some like to make out. You would have to prove you never had the terms in the first place, which would be the killer.

It does say in ickle writing above the signature box:
i apply for this basset/gold asset/blah blah card or any other card type that you may issue, on the terms overleaf and the full conditions in the customer copy.

I have been sent two rough looking copies (copies of copies?)of terms and conditions, one clearly says at the top "bank copy". The other- which I am to presume is the customer copy, ie, the reverse of the application, is identical, but this is where it gets interesting..

1)the very top line on the "customer copy" where is presumably should say "customer copy" has been copied at a slight angle.. so it doesn't say customer copy, it doesn't say bank copy, it says nothing- as it's been cropped off when copied.

2)There are marks along the bottom of the application copy which follow through on the "customer" and bank copies in the exact same place. Now, if the "customer" copy was really the reverse on the application, surely the marks would be MIRRORING the ones on the ones on the application, not appearing in the exact same place..

3) finally, there are marks all over the bank copy which are also all over the "customer" copy in the same places.

In conclusion, I believe they do not have the original cca, and are trying to fob me off with a copy of the bank t&c's as the reverse of the application which they didn't actually copy from the original.

What do we think? Are they trying to fob me off here??

[angelsoxx]

Re: Angelsoxx's UE diary

Halifax/CL finance

Date commenced 2001/2004 -NO DATE SHOWN ON CREDIT FILE

Approx balance £8803

Date last paid full amount 2006

Default Date 02/08/2006

Was on plan with cccs, plan stopped, no longer paying.

CL finance handling account



March 5th cca sent

March statement received stating £3167.74 owed, Account number does not correspond to any debt i have.

as none of the details in the reply i received match either of my accounts with CL finance, I have no idea which cca the reply was for, so have included it for both.

have emailed Niddy the strange letter

[COLOR="rgb(255, 140, 0)"]This is also listed on my report as a "hire purchase". This debt was originally with halifax, but they are not longer listed anywhere on my report.[/COLOR]

19/04/12statement of account recieved, balance stated as £8801.14 (they've taken off the £1 cheques i sent them with my cca requests for both debts with CL finance. Still no CCA and the balance of account is VERY different to the statement they sent me in march.

[angelsoxx]

Re: Angelsoxx's UE diary

Halifax/CL finance

Date commenced 2001/2004 -NO DATE SHOWN ON CREDIT FILE

Approx balance £8803

Date last paid full amount 2006

Default Date 02/08/2006

Was on plan with cccs, plan stopped, no longer paying.

CL finance handling account



March 5th cca sent

March statement received stating £3167.74 owed, Account number does not correspond to any debt i have.

as none of the details in the reply i received match either of my accounts with CL finance, I have no idea which cca the reply was for, so have included it for both.

have emailed Niddy the strange letter

[COLOR="rgb(255, 140, 0)"]This is also listed on my report as a "hire purchase". This debt was originally with halifax, but they are not longer listed anywhere on my report.[/COLOR]

19/04/12statement of account recieved, balance stated as £8801.14 (they've taken off the £1 cheques i sent them with my cca requests for both debts with CL finance. Still no CCA and the balance of account is VERY different to the statement they sent me in march.

[angelsoxx]

Re: Angelsoxx's UE diary

lloyds credit card

Date commenced 2001/2004

Approx balance £1500

Date last paid full amount 2006

Was on plan, no longer paying

AIC handling account.

Feb 2012 cca sent

feb 2012 letter saying they had no cca, were requesting from lloyds

march default letter sent

march letter recieved apologising that I was unhappy with their service. No mention of CCA

[COLOR="DarkOrange"]Can't actually find anything which appears to link with this on my credit report ??![/COLOR

10th april CCA recieved, sent to Niddy

16th April big pile of statements from 2005 to date arrived. Noticed interest was stopped when payment plan started, but between Dec 2009 and Feb 2001 £271 interest added, then it stopped again.

Niddy says and to send missing prescribed terms and blag it.

Thought I was on to something with the dodgy customer copy of t&c's, but Niddy says those are really easy for them to recon so no go

[angelsoxx]

Re: Angelsoxx's UE diary

Letter from CL finance, outstanding debt £8801

23 march Letter stating "We acknowledge receipt of your letter dated 6th march in which you requested a copy of your credit agreement (blah blah..) Please note that we do not currently hold a copy of the required document on site, Therefore, we are in the process of retrieving a copy for you. We confirm that while your request remains outstanding enforcement action will not be taken against you. then the usual waffle about how i still owe the money and must continue to make payments WOOP!!!

[MrsD]

Re: Angelsoxx's UE diary

just await the rubbish then, have a coffee and relax, it may take sometime............

[angelsoxx]

Re: Angelsoxx's UE diary

just await the rubbish then, have a coffee and relax, it may take sometime............

What will they say? Give us money or... We'll default ya! Oh, done that, er, we'll be very annoyed? Er, we'll be sad? I know, the kitten gets it!!!

[angelsoxx]

Re: Angelsoxx's UE diary

Hello all, it's been really quiet the last couple of weeks, but today I got a letter from CL finance, they've noticed i haven't been paying them and are telling me to make immediate payment or else they'll instruct solicitors/debt collectors to take action against me.

They haven't sent a CCA or acknowledge my request- other than to cash my £1 cheque!

Should I ignore, or is there a letter i should send in response?

Ta

[Deepie]

Re: Angelsoxx's UE diary

Hello all, it's been really quiet the last couple of weeks, but today I got a letter from CL finance, they've noticed i haven't been paying them and are telling me to make immediate payment or else they'll instruct solicitors/debt collectors to take action against me.

They haven't sent a CCA or acknowledge my request- other than to cash my £1 cheque!

Should I ignore, or is there a letter i should send in response?

Ta

I Would send this----->CCA Reminder - Unenforceability Threat

[angelsoxx]

Re: Angelsoxx's UE diary

I Would send this----->CCA Reminder - Unenforceability Threat

Cor, that was superfast! Ta very much, I will get on that and keep with the updates

[angelsoxx]

Re: Angelsoxx's UE diary

All quiet here... Phone msg from DLC, nothing to report :-)

[angelsoxx]

Re: Angelsoxx's UE diary

CL finance

Date commenced 2001/2004 --NO DATE SHOWN ON CREDIT FILE??!

Approx balance £699

Date last paid full amount 2006

Default Date 08/08/2006

Was on plan with cccs, plan stopped, no longer paying.

CL finance handling account

March 5th cca sent

March statement received stating £3167.74 owed, Account number does not correspond to any debt i have.


This debt was originally with first direct, but no mention of them on my credit report.

19/04/12statement of account recieved, balance stated as £8801.14 (they've taken off the £1 cheques i sent them with my cca requests for both debts with CL finance. Still no CCA and still the amounts and account numbers make no sense whatsoever.

8th may letter recieved noting i have failed to make agreed payments towards account, I must make an immediate payment or they will instruct their solicitors or a debt recovery agent to take further action against me. Should I reply? they haven't sent me a CCA or acknowledged my request (other than to cash my cheque) for this account.

8th may CCA Reminder - Unenforceability Threat
sent.

8th June letter dated 31st mayNOTICE OF PENDING LEGAL ACTION
sent from Howard Cohen &co solicitors. We've been instructed to issue COURT PAPERS for issue against you for non-payment of the aboce debt.
We will rely on your reply to this letter (or lack of any reply) in decidingwhat further action we take.

Then they tell me how much currently owe- £704.08 apparently, and how much it could be with potential court costs.
Then all the threats about baliffs etc, tells me how i can stop this now by calling and paying in full NOW.

Then they've put Claiment's details and factual background to this matterThe claiment in this case will be CL finance.
YOur account was assigned to CL finance in sept 2007, and a notice of assignment has previously been sent to you.

Documents relied upon
We intend to rely upon the notice of assignement of debt and any other relevant correspondence. We reserve the right to adduce additional evidence if required.


They still haven't acknowledged my CCA request (other than cashing the cheque) and haven't responded to my ]CCA Reminder - Unenforceability Threat either.

What's my next move here chaps??

[Deepie]

Re: Angelsoxx's UE diary

8th may CCA Reminder - Unenforceability Threat
sent.

8th June letter dated 31st may NOTICE OF PENDING LEGAL ACTION
sent from Howard Cohen &co solicitors. We've been instructed to issue COURT PAPERS for issue against you for non-payment of the aboce debt.
We will rely on your reply to this letter (or lack of any reply) in decidingwhat further action we take.

Then they tell me how much currently owe- £704.08 apparently, and how much it could be with potential court costs.
Then all the threats about baliffs etc, tells me how i can stop this now by calling and paying in full NOW.

Then they've put Claiment's details and factual background to this matterThe claiment in this case will be CL finance.
YOur account was assigned to CL finance in sept 2007, and a notice of assignment has previously been sent to you.

Documents relied upon
We intend to rely upon the notice of assignement of debt and any other relevant correspondence. We reserve the right to adduce additional evidence if required.


They still haven't acknowledged my CCA request (other than cashing the cheque) and haven't responded to my ]CCA Reminder - Unenforceability Threat either.

What's my next move here chaps??

I Would send this If it was me--------> Threat by Creditor - To Commence Litigation