Free's UE Diary

[Free]

Hi,

This is my first post. I have a few accounts, as follows:

Morgan Stanley CC

• Type of account -- Credit Card
• Date commenced --2000
• Approx balance -- £8000.00
• Date last paid -- Dec 2008
• Are you on arrangement or not paying -- no arrangement and not paying
• Status Defaulted by Mercers april 2009
• Account owner Lowell

Barclaycard Littlewoods

• Type of account -- Credit Card
• Date commenced -- 2003
• Approx balance -- £1100
• Date last paid –Dec 2008
• Are you on arrangement or not paying -- no arrangement and not paying
• Status - Default Mercers June 2009
• Account owner - Lowell

Barclaycard

• Type of account -- Credit Card
• Date commenced -- 1995
• Approx balance -- £8000
• Date last paid –Nov 2008
• Are you on arrangement or not paying -- no arrangement and not paying
• Status - Default Mercers Dec 2008
• Account owner - Lowell

Halifax (Bank of Scotland)

Type of account -- Credit Card
• Date commenced -- 1996
• Approx balance -- £2200
• Date last paid –Nov 2008
• Are you on arrangement or not paying -- no arrangement and not paying
• Status - Default Bank of Scotland Jan 2009
• Account owner - 1st Credit

[Free]

Re: MSDW CCA

I had a Morgan Stanley Credit Card since March 2000 - Now owned by Barclaycard. I CCA them in Feb 2009 and received no response. I have not paid them since then. This has been with a number of Debt collectors over the years power to contact Moorcroft Westcott etc, but now Barclaycard has finaly sold it to Lowell's.

Today I have received in there opinion my CCA.

I have looked and

· Its looks like an application form.
· Its illegible.
· It seems like a lot has been cut and pasted (see 4 on the CCA)
· If you look at the boxes they are out of line and not in flow.
· No signature from Morgan Stanley.
· It is just appears like a poor imitation.
· Box 1 the date is not my hand wrighting also it an incorrect date 03/02 note date in box 11 its 03/00
· Box 4 is obscured
· It just looks knocked up

My questions are.

Is it enforceable?

---------------------------------------------------------------------------------------------


Lowell’s have said they have bought this debt off Barclaycard and no terms and conditions from them.

Over the years from Barclaycard they have sent there recent terms and conditions and say they have fulfilled their obligation to my request. It has been to one debt collector to another with various threats from them but just template letters and no action.

It was defaulted in April 2009 by Mercers.

Please can you inform me of how to post up the document, I am cautious as it has a lot of pers info?

I did email Niddy and was asked to open a blog.

Thanks

[Never-In-Doubt]

Re: MSDW CCA

The document is enforceable unfortunately. However no linked terms so that poses a problem but easily rectified.

In the meantime respond with this and see what they come back with, and don't panic - just stand firm:

CCA Query - Application Form Received

Keep us updated with any replies....

[Never-In-Doubt]

Re: MSDW CCA

Hi

Don't post up personal info. It's fine. Our posts have crossed.

I never said start a blog? I said start a thread which is what this is

[Free]

Re: MSDW CCA

Hi Niddy,
Thanks for the swift response and I respect your opinion.

The document looks like it has been tampered with and all the reasons below
• Its looks like an application form.
• It’s illegible.
• It seems like a lot has been cut and pasted (see 4 on the CCA)
• If you look at the boxes they are out of line and not in flow.
• No signature from Morgan Stanley.
• It is just appears like a poor imitation.
• Box 1 the date is not my hand writing also it an incorrect date 03/02 I lived at this address well before this note date in box 11 its 03/00
• Box 4 is obscured
• It just looks knocked up

Will this make it unenforceable?

Sorry with the blog thing all new jargon

Thanks

[Never-In-Doubt]

Re: MSDW CCA

Hiya

No it's a recon. As I said its enforceable I'm afraid. Respond with the template above see what that does

[Angry Cat]

Re: MSDW CCA

Hi thanks Angry Cat,
Lowell’s have said they have bought this debt off Barclaycard and no terms and conditions from them.

Over the years from Barclaycard they have sent there recent terms and conditions and say they have fulfilled their obligation to my request. It has been to one debt collector to another with various threats from them but just template letters and no action.

It was defaulted in April 2009 by Mercers.

Please can you inform me of how to post up the document, I am cautious as it has a lot of pers info?

I did email Niddy and was asked to open a blog.

Thanks

Lowell, lay claim to many things...

Recent terms/current terms are insufficient!

You can upload your docs. via Image hosting, free photo sharing video sharing at Photobucket
Erase all personal information, bar codes etc., prior to doing so.

[Free]

Re: MSDW CCA

Hi,
Thanks for all this.

Do you think I should wait to see what they do next or do you think I should send this letter now?

[Deepie]

Re: MSDW CCA

Hi,
Thanks for all this.

Do you think I should wait to see what they do next or do you think I should send this letter now?

send the letter now like Niddy say's

[Angry Cat]

Re: MSDW CCA

Hiya

No it's a recon. As I said its enforceable I'm afraid. Respond with the template above see what that does

If it was a recon., it wouldn't be illegible.
Sounds like a blue peter job to me!

In any event, the inception T&C's must be provided, as the original terms of the credit agreement were clearly varied.

[garlok]

Re: MSDW CCA

AND AC in Carey 234.4 I think it is, Waksman said that a copy of the ORIGINAL agrement should be provided. Some are interpreting this clause as them having to provide a full blown paper/audit trail at each variation thoughout the lifetime of the alleged agreement. To boot.

At every turn the creditors are twisting and writhing to avoid this but are not prepared to take anyone on who has proper legal reps in place only LIPs.

regards
Garlok

[Angry Cat]

Re: MSDW CCA

To date, we have not had sight of the doc. that has been provided.
However, the OP states:
it is illegible;
looks like it has been cut and pasted (blue peter);
not signed by "the Creditor" and;
current/recent terms only have been provided.

Without having sight of the doc. it is difficult to advise further.

Other than reiterating my view re: the copy documents regs. 1983: regulation 7.

I do know what a circa 2000 MSDW credit agreement looked like; how they were drafted [Emphasis Added]

Apologies for the, blog!

[Never-In-Doubt]

Re: MSDW CCA

Lowell, lay claim to many things...

Recent terms/current terms are insufficient!

You can upload your docs. via
Erase all personal information, bar codes etc., prior to doing so.

Noooo - please! We try and get people using our site upload - we don't link to third party sites like that......

See here: User Guide - How Do I add Attachments to my Message?

[Never-In-Doubt]

Re: MSDW CCA

To date, we have not had sight of the doc. that has been provided.

I have! all PT's are present, yes clearly a recon - that's allowed within Carey however.

Only problem is no terms thus I clarified which template to respond with - its really that simple, basically its a recon without terms

[Free]

Re: MSDW CCA

Hi Niddy,

This document has clearly been doctored and tampered with.

Someone has falsified this document by physically writing - adding wrong information on it – it’s not in my hand writing also the dates on it are not correct.

Will this have any bearing or can they do what they wish with any document.

Thanks