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  • Paul.
    replied
    Re: carol01 UE Diary

    Originally posted by carol01 View Post
    hi hbos was completed by me, argos wasn't that was by the lady in argos, hbos was an advert in a magazine that i filled out myself the same with barclay card
    just one word of caution

    Niddy says the terms arent the right ones for your account. Only you can make that decision, as you are the only one who knows what *WAS* there when you signed the application.

    It is a point that often gets missed, and one that must be considered none the less.

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    Originally posted by Never-In-Doubt View Post
    Argos - just an application, no terms or anything purporting to be terms! Obviously that's

    Respond as follows ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

    HBOS - This was never completed by you was it? The handwriting is not the same as on the Argos application above, it's totally different plus there is no date - the signature has been copy/pasted onto that pre-filled form (i.e a Recon in line with Carey) however unluckily for them, it's still non compliant as the PT's attached only have the apr, not the full prescribed terms.



    As above, respond with ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

    Barclays - This is

    The terms don't apply to the account applied for plus they are the latest version, not those in force as at account inception. As above, send ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
    hi hbos was completed by me, argos wasn't that was by the lady in argos, hbos was an advert in a magazine that i filled out myself the same with barclay card

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: carol01 UE Diary

    Argos - just an application, no terms or anything purporting to be terms! Obviously that's

    Respond as follows ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

    HBOS - This was never completed by you was it? The handwriting is not the same as on the Argos application above, it's totally different plus there is no date - the signature has been copy/pasted onto that pre-filled form (i.e a Recon in line with Carey) however unluckily for them, it's still non compliant as the PT's attached only have the apr, not the full prescribed terms.



    As above, respond with ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

    Barclays - This is

    The terms don't apply to the account applied for plus they are the latest version, not those in force as at account inception. As above, send ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    Originally posted by Paul. View Post
    MKDP may well tell you they have complied, it depends what they have complied with.

    If they just sent generic terms which are not attributable to you then that may not be compliant

    also, if what they have sent is not the correct terms, that would not comply, say for example you had a gold card and they sent platinum terms that would not be right.

    I dont know what they have sent, nor more importantly i do not know what you signed (if anything) when the account was opened.
    Thanks Paul.


    Admin Edit:
    Way too much personal info there
    Last edited by Never-In-Doubt; 29 August 2012, 11:47. Reason: removed the personal information...

    Leave a comment:


  • Paul.
    replied
    Re: carol01 UE Diary

    Originally posted by carol01 View Post
    hi just to update
    cca request sent to 1st credit ref halifax account
    niddy i know you are busy but i wondered if you had, had a chance to look at the argos application i sent to you, and also the barclay card terms and cancelation rights that mkdp sent telling me they have now fulfilled my request
    thanks carol01
    MKDP may well tell you they have complied, it depends what they have complied with.

    If they just sent generic terms which are not attributable to you then that may not be compliant

    also, if what they have sent is not the correct terms, that would not comply, say for example you had a gold card and they sent platinum terms that would not be right.

    I dont know what they have sent, nor more importantly i do not know what you signed (if anything) when the account was opened.

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    hi just to update
    cca request sent to 1st credit ref halifax account
    niddy i know you are busy but i wondered if you had, had a chance to look at the argos application i sent to you, and also the barclay card terms and cancelation rights that mkdp sent telling me they have now fulfilled my request
    thanks carol01

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    ok i have now sent the agreement for you to look at thanks

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    Originally posted by Never-In-Doubt View Post
    have got an agreement etc? Please send me if so...
    having trouble sending you the agreement via email can not access my emails as its asking for a password, which i don't know so will get this to you when oh arrives home damm stupid tinternet

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: carol01 UE Diary

    See this ---> 1st Credit | HBOS Mass Assignments - allaboutFORUMS

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    yes will have a go of sending it now i have had a look at 1st credit and hopefully this is one of their idle threats

    The OFT took action after an investigation found that some of its business processes and procedures "failed to meet satisfactory standards".

    Now 1st Credit, of Reigate, Surrey, and its associate companies must:

    * refrain from issuing statutory demands warning of bankruptcy where it is unlikely that proceedings will be initiated;

    * not discuss legal action with consumers unless it is likely that such action will be taken;

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: carol01 UE Diary

    Originally posted by carol01 View Post
    13,588.99
    have got an agreement etc? Please send me if so...

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    Originally posted by Never-In-Doubt View Post
    What's the 1st credit balance?
    13,588.99

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: carol01 UE Diary

    What's the 1st credit balance?

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    Originally posted by in 2 deep View Post
    If it were me I would see what 1st Credit do next............
    hi all i have recieved a letter from 1ST credit ref my halifax credit card
    it says bankrutcy proceedings being considered....
    we are unaware of any legally valid reason for non-payment of the outstanding debt or of any reasonable offer being made. we are therefore considering whether we should issue a statutory demand under the insolvecy act 1986
    there are in our view implications of being made bankrupt;

    you may lose control of your assets.this may include your home and vehicle if either are owned by you.

    you may not be able to obtain credit for upto 6 years, or obtain credit at competitive interests rates.

    you may not act as a company director, and certain occupations and professions have strict rules regarding the employment od a bankrupt.

    you may be pubicly examined in court .

    if you wish to avoid the possibility of the above proceedings taking place then we would recommend that you contact us to pay the full balance or alternatively discuss repayment with one of our agents.

    quick recap ...
    defaulted in october 2010
    is enforcableish as niddy has not said if it is or not just to wait and see
    recieved no default notice from halifax
    1st credit bought the account on 31/07/2012
    thanks guys inadvance carol01
    Last edited by carol01; 24 August 2012, 17:41.

    Leave a comment:


  • carol01
    replied
    Re: carol01 UE Diary

    Originally posted by Flowerpower
    It they are meant to be terms from inception they hadn't sent with your CCA request, it wouldn't hurt to send them to Niddy and see what he says, re-send the application form as well to make a full set. No need to send him the T&Cs from 2009 unless he asks.
    ok will do one page says 01/03 and the other page has no date on but is in the same style writing will get these sent tommorrow when i have a day off thanks for the advice flowerpower

    Leave a comment:

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