liandconsmum's UE Diary

[liandconsmum]

Re: liandconsmum's UE Diary

Truly truly odd piece of correspondence from Tesco. Saying that they are in receipt of our letter requesting CCA and we need to send the £1 fee and DH's signature. Quite literally, I am sitting here thinking "huh?"

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Ahh Waksman - my bestest mate - naaaat!!!

[PlanB]

Re: liandconsmum's UE Diary

Uh? Where did I say that junk was enforceable? I never!!

You're quite right you never did say that. Some stupid DJ (or High Court Fool) in the Carey case did or so some creditors seem to think. They would say that wouldn't they? My apologies.

Blimey this is my day for saying sorry to everyone.

[Never-In-Doubt]

Re: liandconsmum's UE Diary

Oh dear. I've got one exactly the same piece of shyte from HSBC as the one in your example. Does this mean my shyte CCA is enforceable too?

Uh? Where did I say that junk was enforceable? I never!!

[Paul.]

Re: liandconsmum's UE Diary

the formatting went wrong there

[PlanB]

Re: liandconsmum's UE Diary

Ok... so now that my thread is utterly hijacked....sigh

Can we return to my questions please?

I'm really sorry. I just got caught up in the moment. You triggered something useful in your thread. I'm not usually that selfish. I promise I won't do it again.

Plan B x

[liandconsmum]

Re: liandconsmum's UE Diary

Ok... so now that my thread is utterly hijacked....sigh

Can we return to my questions please?

Sorry, but I'm about 3 steps short of losing my mind over this and other things right now, and cannot wade through the legal arguments to see if they are answering me or having some legal argument...

[Paul.]

Re: liandconsmum's UE Diary

Thank you. I suppose it's only one word against the other as to whether the booklet was genuinely in the same envelope. I hope this means that if the Ts & Cs are sent later then they're definitely not 'linked'. You fill in an application form and back comes a card with the Ts & Cs' booklet a week later. I have letters which say "here's your card and here's your Ts & Cs".

that would be a clear breach of s61(1)(a) in my opinion,

[PlanB]

Re: liandconsmum's UE Diary

There doesnt need to be a physical connection between the documents, it would be contained within for the purpose of S61(1)(a) if the terms were present in the envelope along with the application form

but people often pay too much attention to Carey and dont pay attention to their own cases, the devil is in the detail

Thank you. I suppose it's only one word against the other as to whether the booklet was genuinely in the same envelope. I hope this means that if the Ts & Cs are sent later then they're definitely not 'linked'. You fill in an application form and back comes a card with the Ts & Cs' booklet a week later. I have letters which say "here's your card and here's your Ts & Cs".

[Paul.]

Re: liandconsmum's UE Diary

I'm going to let you say all of those things! Mine was for a Midland account too - in fact exactly the same scenario as you have just described. Maybe this is why HSBC haven't (yet) chased me even though they've not had a dime from me for over a year. Are we allowed to know more about your recent case which HSBC did not win? It would really help. NO sorry, but you dont need that info, what you need is the knowledge on where to find the faults!!!!

My biggest question exactly how should Ts & Cs be linked? Some creditors have sent me photcopied application forms (or blank pieces of paper with my name on) and then 10-12 pages of Ts & Cs which they say "would have been on the reverse". They're kidding aren't they? A 12 page booklet enscribed on the back of a piece of A4. Yeah right. But seriously can a seperate booklet sent in the same envelope as the application form (or whatever) be considered "linked". Should there be a staple involved perhaps?

There doesnt need to be a physical connection between the documents, it would be contained within for the purpose of S61(1)(a) if the terms were present in the envelope along with the application form

but people often pay too much attention to Carey and dont pay attention to their own cases, the devil is in the detail

[PlanB]

Re: liandconsmum's UE Diary

Bullshit

Utter Bullshit

Firstly thats a s78 reply, not a copy of the "original"

Secondly, we must not accept that the banks word is gospel, it is not

I had a case recently where that little note pad copy was disclosed, along with some terms and conditions,

Lets just say HSBC didnt win, and lets just say that on first glance the terms looked ok but when we looked they were HSBC terms when the clients agremeent was with midland bank

and lets also say they couldnt get the interest rates right

and lets just say you need to be like Columbo with these things, you will most likely find an error you just need to know what your looking for

I'm going to let you say all of those things! Mine was for a Midland account too - in fact exactly the same scenario as you have just described. Maybe this is why HSBC haven't (yet) chased me even though they've not had a dime from me for over a year. Are we allowed to know more about your recent case which HSBC did not win? It would really help.

My biggest question exactly how should Ts & Cs be linked? Some creditors have sent me photcopied application forms (or blank pieces of paper with my name on) and then 10-12 pages of Ts & Cs which they say "would have been on the reverse". They're kidding aren't they? A 12 page booklet enscribed on the back of a piece of A4. Yeah right. But seriously can a seperate booklet sent in the same envelope as the application form (or whatever) be considered "linked". Should there be a staple involved perhaps?

[Paul.]

Re: liandconsmum's UE Diary

Bullshit

Utter Bullshit

Firstly thats a s78 reply, not a copy of the "original"

Secondly, we must not accept that the banks word is gospel, it is not

I had a case recently where that little note pad copy was disclosed, along with some terms and conditions,

Lets just say HSBC didnt win, and lets just say that on first glance the terms looked ok but when we looked they were HSBC terms when the clients agremeent was with midland bank

and lets also say they couldnt get the interest rates right

and lets just say you need to be like Columbo with these things, you will most likely find an error you just need to know what your looking for

[PlanB]

Re: liandconsmum's UE Diary

Wanna see a prime example? The bank (HSBC) have conjoured up this shyte and say it is a copy of an original - Carey would suggest this would stand up ()..... ---> allaboutFORUMS - View Single Post - Keep-Trying UE Diary

See my point...?

Oh dear. I've got one exactly the same piece of shyte from HSBC as the one in your example. Does this mean my shyte CCA is enforceable too?

[Never-In-Doubt]

Re: liandconsmum's UE Diary

I don't know whether it's just me or are more creditors now becoming more aware of their rights under a S78 request and bringing the fight back a bit again?

I think most still quote Carey but really that needs appealing, well not appealing as such but needs someone to fight the principles behind it, I know paul says it is a good result as it provided clarity on a lot of points, that I agree, however the fact they can conjour up any old shyte and pass it off as being an original is a joke, even in the wildest sections of Borneo they don't have such prehistoric views that one person says this happened which is then passed in court - ermm, yep - ok!

Wanna see a prime example? The bank (HSBC) have conjoured up this shyte and say it is a copy of an original - Carey would suggest this would stand up ()..... ---> allaboutFORUMS - View Single Post - Keep-Trying UE Diary

See my point...?

[caspar]

Re: liandconsmum's UE Diary

Useful thank you. It would appear that many creditors side with you on that, and quite a few stop enforcement altogether.

I don't know whether it's just me or are more creditors now becoming more aware of their rights under a S78 request and bringing the fight back a bit again?