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  • Free
    replied
    Re: Free's UE Diary

    Hi Niddy,

    Yet again all wise words.

    I will follow your advice. I don’t know how they can get away with it.

    Thanks for your support and sorry to be a pain in the posterior

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: MSDW CCA

    Originally posted by Free View Post
    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
    Hiya

    Ok, do you think my opinion will change in a day when i've seen the document, confirmed it's a recon/forgery and advised what to send off? It doesn't matter how many ways you describe the sky as being blue, it's still blue.

    Ergo this is a recon, forgery or not, it still complies with s.78 and therefore UNLESS it goes to court stop worrying and send the template as advised above. I don't have the time to repeat myself 100 times. Its simple, send that and if they write back then we'll get nasty - but the last thing you do is write and list all their problems and accuse them of fraud cos if they take it to court magically, you'll find your defence is weak as they remedy your findings.

    Keep these things to yourself until such time they try and take formal action. So send the template above, and update us when you get a response.....

    I know what you're saying, yes it affects things but ONLY if they take things through court, which considering they KNOW they've falsified a document will be rather stoopid of them, you think? However they can falsify documents in line with Carey - they can create a document (using cut/paste) to reflect the original agreement using any form of materials at their disposal, so if you wrote in changing address, they could copy your signature and paste it - this is what i'm ranting over with Garlok, about Carey (or Judge Waksman) - he's made the legal system into a mockery

    Have a read here to see what I mean re Carey: ---> JD Williams/Reliable Collections - allaboutFORUMS

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Free's UE Diary

    Free

    Please go back into the post number 1 and add the missing details, you need to do this for each account.... #1

    Notice I have added a lot of the info into the MSDW card? Please add any history below it plus fill in the blanks and do the same for the catalogue etc.... see this as an example layout: ---> #2

    I'll answer regards littlewoods catalogue shortly...

    Leave a comment:


  • Free
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: MSDW CCA

    Originally posted by Angry Cat View Post
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: MSDW CCA

    Originally posted by Angry Cat View Post
    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?

    Leave a comment:


  • Angry Cat
    replied
    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!

    Leave a comment:


  • garlok
    replied
    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

    Leave a comment:


  • Angry Cat
    replied
    Re: MSDW CCA

    Originally posted by Never-In-Doubt View Post
    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.

    Leave a comment:


  • Deepie
    replied
    Re: MSDW CCA

    Originally posted by Free View Post
    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

    Leave a comment:


  • Free
    replied
    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?

    Leave a comment:


  • Angry Cat
    replied
    Re: MSDW CCA

    Originally posted by Free View Post
    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.

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:


  • Free
    replied
    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

    Leave a comment:


  • Never-In-Doubt
    replied
    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

    Leave a comment:

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