carol01 UE Diary

[Never-In-Doubt]

Re: carol01 UE Diary

thanks for putting it into perspective
i looked at my application several times looking for the link and could not find one feel more stupid for looking now lol ;Red letter now filed and forgot about!!! as advised thanks n-i-d for your help.

Its fine, let us know where you hear anything else ok....?

Niddy 2

[carol01]

Re: carol01 UE Diary

they also go on to say they see no reason to enter into any futher correspondence
and they don't agree this account is indispute and i should seek legal advice
can i ask the prescribed terms how are they attached ie by some where on my application saying also page 2 as i am a little confused in exactly what i am looking for forgive my thickness ;Red thanks n-i-d inadvance

Just ignore this, it is a bog-standard final response. That's it, finished! Forget it.

Regards to your question, I cannot link you to the prescribed terms cos they were not on your application thus it became unenforceable - don't worry about what the bank tell you, lol, they'll tell you the sky is green and the grass blue if they think you'd believe them! ;LOL ;LOL

hiya
thanks for putting it into perspective
i looked at my application several times looking for the link and could not find one feel more stupid for looking now lol ;Red letter now filed and forgot about!!! as advised thanks n-i-d for your help.

[Never-In-Doubt]

Re: carol01 UE Diary

they also go on to say they see no reason to enter into any futher correspondence
and they don't agree this account is indispute and i should seek legal advice
can i ask the prescribed terms how are they attached ie by some where on my application saying also page 2 as i am a little confused in exactly what i am looking for forgive my thickness ;Red thanks n-i-d inadvance

Just ignore this, it is a bog-standard final response. That's it, finished! Forget it.

Regards to your question, I cannot link you to the prescribed terms cos they were not on your application thus it became unenforceable - don't worry about what the bank tell you, lol, they'll tell you the sky is green and the grass blue if they think you'd believe them! ;LOL ;LOL

[carol01]

Re: carol01 UE Diary

hi n-i-d
i have emailed you my natwest cca i recieved off them. i also recieved with my cca application a photo copy of some sort of pamphlet which they say they sent to me it might have been with credit card when i recieved it can't remember, credit agreement regulated by the consumer credit act 1974 about my rights to cancel and also the rates of interest and equivalent APRs table but there is no date on the letter do you need to see them? account now defaulted and trition have been put on the case but it is still with natwest thanks n-i-d

Hiya Natwest is :UE

Basically there are NO prescribed terms attached, there is also no separate agreement for the PPi (in line with s.18 CCA1974) nor is there any link to cancellation rights. Put simply it is a blass-up of an application that holds no legal weight in court!

If for any reason they went to court and did win *gasp in horror* then i'd be saying reclaim all PPi and charges which would knock 50% + off the debt anyways!

Respond with this: ---> viewtopic.php?p=1629#p1629

hiya n-i-d
i have recieved a letter from natwest regarding the above account
they say thankyou for my letter dated 06/10/10
regarding you recent letter concerning the banks alleged breach of the cca. i would advise you of the following.
any request for a copy of an executed agreement under s78 (1) states that th company must meet its statutory requirements by providing a 'true copy' of the agreement relevant to the card product at the date the card agreement was made,plus a copy of the terms of the card product. these copies should be accompanied by the statement of financial information relating to the account.
when responding to requests under s78 we are compliant if we provide a 'true copy' of the agreement in accordance with regulations 3(2) and 7 (1) b of the comsumer credit (cancellation notices and copies of documents) regulations 1983. this means that there is no obligation for us to provide a copy of the original agreement bearing signatures.
additionally under regulations 3 (2) a 'true copy' does not need to contain all personal information relating to the borrower, nor does it need to inclued a signature box or dates of signatures.
we have supplied a copy of the credit agreement that you agreed to after which you then recieved your credit card. we have supplied a copy of the original and current terms and conditions of that card product with the prescribed terms and a statement showing the outstanding balance. we have advised you who you need to contact to discuss amount due and owing and future payments must be made. we have therefore met our obligations under s78.
they also go on to say they see no reason to enter into any futher correspondence
and they don't agree this account is indispute and i should seek legal advice
can i ask the prescribed terms how are they attached ie by some where on my application saying also page 2 as i am a little confused in exactly what i am looking for forgive my thickness ;Red thanks n-i-d inadvance

[Never-In-Doubt]

Re: carol01 UE Diary

Hiya

Ok lets see what they try next then....... good luck, just sit tight.... 2

[carol01]

Re: Letter to send Bryan Carter

Hiya

Ok respond to Bryan Carter Solicitors with the following and a copy of the letter sent by Frederickson confirming they cannot locate an agreement. See what happens ;Hmm

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  I write with reference to the above numbered account and note, with regret, that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account; without the need for legal action. Do you need me to point out that this account is formally in dispute with Fredrickson International and has been since they, and Argos failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.78 of the Consumer Credit Act 1974 (CCA1974).
  
  Attached with this letter is confirmation from Fredrickson International confirming that they cannot locate an agreement, which troubles me somewhat being I feel I was charged incorrect interest on this account, and was not made aware of any of the terms or account facilities. As a result, coupled with the confirmation no agreement exists, I am confident that this account is hereby irredeemably unenforceable and I welcome any court action you decide to take, however you should pay attention to the fact that it will be me making the claim against you, for all costs borne as I am formally notifying you with this letter that you have no formal right to commence any proceedings against an unenforceable disputed account with clear proof that no agreement exists.
  
  As you're no doubt aware, your continual harassment and pursual of this unenforceable account not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.
  
  Need I remind you of the law? In particular the remit of s.127 and s.65 of the CCA1974. Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, or at least a genuine "true copy"; ergo we're back at square one - all I ask is for you to provide me a copy of the original agreement instead of fobbing me off with excuses all the time. You will soon find out that judges have to listen to my argument when I quote the relevant acts of the CCA to them, also pointing out the recent McGuffick and Carey cases which confirmed that a lender should submit upon request a valid true copy of the original CCA. Yes, you are allowed to report the account "conduct" to the Credit Reference Agencies, but you may not enforce this agreement until you fully comply with the provisions set out within the Act, taking into account the recent Judgments and the history and case notes within said judgments.
  
  Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious and, as such, I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved, plus you're now fully aware that no agreement is in existence.
  
  If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.
  
  Yours faithfully
  
  
  Sign digitally

hiya n-i-d ;Hi
i have recieved a letter today from bryan cater solicitors in ref to letter you wrote for me last week
it says thankyou for your communication regarding this account.
we have referred the matter to our client and will revert to you as soon as we are in receipt of instructions.
in the mean time,we confirm that we have placed the account on hold.
great result thanks again for taking the time to write a niddy special for me

[carol01]

Re: carol01 UE Diary

Morning!

Just reply to debt managers with a copy of this: ---> viewtopic.php?p=2316#p2316

hiya
will do first thing tomorrow thanks n-i-d

[Never-In-Doubt]

Re: carol01 UE Diary

Morning!

Just reply to debt managers with a copy of this: ---> viewtopic.php?p=2316#p2316

[carol01]

Re: carol01 UE Diary

hiya n-i-d
i have recieved a letter from debt managers ltd ref my barclay card (notice of action)
recap they have sent an application form with no terms and cons linked
they are acting on behalf of barclays and that i have failed to respond to the formal demand issued by barclay card.
i will no longer recieve monthly statements and interest will be charged at 1% per month.
also im not to ignore this letter - immediate action is required .
thanks n-i-d

[Never-In-Doubt]

Re: carol01 UE Diary

Hiya

Yea, just ignore it for now - it is their final response, so fine! Doesn't change the fact that unless your application that they sent had the prescribed terms, it remains unenforceable....

[carol01]

Re: carol01 UE Diary

hiya n-i-d
recieved from barclay card final response basically they stated the banks position and confirm they believe the credit agreement to be properly executed and fully compliant with the act and any allegations that it is not will be opposed. and my references to section 127(3) of the act are therefore irrelevant.
whilst they are sorry that i remain dissatisfied , they have nothing further to add. they also enclosed a copy of the financial ombudsman service "explanatory leaflet".

also attached to this letter is a letter dated from the 4/08/10 stating where a photo copy of an application form has been provided to you for reference, this is not a copy of the complete document but only a copy of page 1. terms and conditions including the prescribed terms, would have been on the reverse of this page at the time signed. additionally, the document would have been easily legible at the time of signature.
is this a standard reply from barclay card n-i-d ? do you think
thanks inadvance

[Never-In-Doubt]

Re: carol01 UE Diary

You're welcome....

[carol01]

Re: carol01 UE Diary

thanks n-i-d will send off this morning
you are a star !!!!!!

[Never-In-Doubt]

Letter to send Bryan Carter

Hiya

Ok respond to Bryan Carter Solicitors with the following and a copy of the letter sent by Frederickson confirming they cannot locate an agreement. See what happens ;Hmm

• Dear Sirs,
  
  Account No: XXXXXXXX
  
  I write with reference to the above numbered account and note, with regret, that you have chosen not to deal with this matter despite my previous communication endeavouring to assist you in coming to a satisfactory arrangement to close this account; without the need for legal action. Do you need me to point out that this account is formally in dispute with Fredrickson International and has been since they, and Argos failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.78 of the Consumer Credit Act 1974 (CCA1974).
  
  Attached with this letter is confirmation from Fredrickson International confirming that they cannot locate an agreement, which troubles me somewhat being I feel I was charged incorrect interest on this account, and was not made aware of any of the terms or account facilities. As a result, coupled with the confirmation no agreement exists, I am confident that this account is hereby irredeemably unenforceable and I welcome any court action you decide to take, however you should pay attention to the fact that it will be me making the claim against you, for all costs borne as I am formally notifying you with this letter that you have no formal right to commence any proceedings against an unenforceable disputed account with clear proof that no agreement exists.
  
  As you're no doubt aware, your continual harassment and pursual of this unenforceable account not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.
  
  Need I remind you of the law? In particular the remit of s.127 and s.65 of the CCA1974. Section 127(1) of the Consumer Credit Act (CCA 1974) is subject to the restrictions imposed by sections 127(3) & (4). Those subsections set out the circumstances in which the court shall not make an enforcement order under section 65(1) of the Act. Put simply, a court cannot make a judgement on an unenforceable debt without the original agreement, or at least a genuine "true copy"; ergo we're back at square one - all I ask is for you to provide me a copy of the original agreement instead of fobbing me off with excuses all the time. You will soon find out that judges have to listen to my argument when I quote the relevant acts of the CCA to them, also pointing out the recent McGuffick and Carey cases which confirmed that a lender should submit upon request a valid true copy of the original CCA. Yes, you are allowed to report the account "conduct" to the Credit Reference Agencies, but you may not enforce this agreement until you fully comply with the provisions set out within the Act, taking into account the recent Judgments and the history and case notes within said judgments.
  
  Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious and, as such, I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice against you; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved, plus you're now fully aware that no agreement is in existence.
  
  If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action. I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.
  
  Yours faithfully
  
  
  Sign digitally

[carol01]

Re: carol01 UE Diary

Thanks I'll sort tmw morning for you. Nite.

ok thanks n-i-d