ashling's unenforceability diary

[ashling]

Re: ashling's unenforceability diary

Hello everyone. Yes I am a bit worried that Bryan Carter are dealing with this now as I have seen they do follow up with court action. Unfortunately I did make that payment in June 2009 so another year before SB. I sent the paperwork I got from the Halifax over to you Niddy which was a signed application form which you said looked enforceable. This version that Bryan Carter have sent me is different only has my name typed in under parties to the agreement has no signature in the space for one and is actually from 2008 which is about 5 years after my account was opened. This is ongoing since May when they did sent what looked more like a letter before action which mentioned a date that they would send court papers if I did not reply. That is when I sent the CCA request which they have just replied to now.

[ashling]

Re: ashling's unenforceability diary

And no I have not sent this new version to Niddy should I do that?

[Still Waving]

Re: ashling's unenforceability diary

And no I have not sent this new version to Niddy should I do that?

I would - so that he has the full picture.

[ashling]

Re: ashling's unenforceability diary

Actually looking through all the paperwork again I can see that these terms and conditions are the same as the second set that the Halifax sent me so I think they usually send the ones that would have been in force at account opening time and then a set of current terms. Bryan Carter have sent me the second set that were in force in 2008 not the ones that would have been there in 2003. Let me know Niddy if you would need these ones please as there are a lot of pages. Thanks

[PlanB]

Re: ashling's unenforceability diary

I sent the paperwork I got from the Halifax over to you Niddy which was a signed application form which you said looked enforceable. This version that Bryan Carter have sent me is different only has my name typed in under parties to the agreement has no signature in the space for one and is actually from 2008 which is about 5 years after my account was opened.

If the Ts & Cs Bryan Carter sent you are Ts & Cs which were issued five years after the account was opened then they're not a recon, they're a con. Having said that they may be able to get hold of the right ones (from 2003) so don't get too complacent.

Did the Halifax send you the signed application form which Niddy said was enforceable before the account was sold to Lowells? If not Lowells (and therefore BC) may not be aware it even exists at this stage.

Send everything again to Niddy making it clear who sent you which documents and when.

[ashling]

Re: ashling's unenforceability diary

ok plan b i will send everything again later today or tomorrow. Halifax just sent the stuff in June so after Lowells had the account. will wait to hear what Niddy advises then.

[ashling]

Re: ashling's unenforceability diary

Ok I have now re-set the e-mail i sent in June to Niddy with what Halifax sent me in the Sar and what Bryan Carter have sent is the second set of terms and conditions from page 11 onwards. I have sent to the webmaster@allaboutdebt e-mail address please let me know if this address is incorrect and I will re-send. I will await Niddy's reply about what to do next. Thanks everyone.

[PlanB]

Re: ashling's unenforceability diary

I have now re-set the e-mail i sent in June to Niddy with what Halifax sent me in the Sar and what Bryan Carter have sent is the second set of terms and conditions from page 11 onwards. I have sent to the webmaster@allaboutdebt e-mail address please let me know if this address is incorrect and I will re-send.

Did you put the hyphens between each word so it reads webmaster@all-about-debt.co.uk

[ashling]

Re: ashling's unenforceability diary

Yes I did Plan B thanks just did not type it out properly before

[CleverClogs (RIP)]

Re: ashling's unenforceability diary

If the Ts & Cs Bryan Carter sent you are Ts & Cs which were issued five years after the account was opened then they're not a recon, they're a con.

Which is my main objection to Waksman's judgement - he created a Cheats' Charter!

Having said that they may be able to get hold of the right ones (from 2003) so don't get too complacent.

Would one expect that of a bunch of bullies like those at Bwyan Carter?

I believe that Bwyan Carter should be cauterised in public, preferably by means of a red hot poker.

Make up your own mind as to where it should be inserted.

[The Tech Clerk]

Re: ashling's unenforceability diary

Which is my main objection to Waksman's judgement - he created a Cheats' Charter!


Would one expect that of a bunch of bullies like those at Bwyan Carter?

I believe that Bwyan Carter should be cauterised in public, preferably by means of a red hot poker.

Make up your own mind as to where it should be inserted.

Ah!! Sooooooooooooooooooo!!!!!!!!!!!!!!!!!!! said the Japanese gentleman!

[ashling]

Re: ashling's unenforceability diary

Hi All,

Is advice to wait for a reply from Niddy as per the e-mail I sent him? or should I just send the letter that Deepie suggested? Would need to send something by Friday to make sure it gets there for the 20th. Advice please.

[Never-In-Doubt]

Re: ashling's unenforceability diary

Sorry I'll check later. Been a bit busy lately. Hold fire for now.

[ashling]

Re: ashling's unenforceability diary

Ok thanks Niddy will wait to hear from you. I sent the e-mail yesterday with my username in the title

[Never-In-Doubt]

Re: ashling's unenforceability diary

Hiya

Sadly it looks enforce able to me, everything tallies with the agreement and thus you'll have to either blag this or consider settling it but if they get heavy don't continue as it looks enforceable to me sadly....