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  • #31
    Re: Monopoly's UE Diary

    Originally posted by monopoly View Post
    Company: HSBC (MasterCard)
    Type: Credit Card
    Date Commenced: 03/2007
    Approx. Balance: 6,000
    Date Last Paid: 2008
    Arrangement: Yes
    Status: Default 11/2008
    Account Owner: HSBC MasterCard

    Activity

    30/09 CCA Request sent
    This is enforceable i'm afraid, probably best to try and blag it and see what happens but in time you will have to repay this if they take formal action (ccj).....

    If you want to blag it, respond with this and see what happens :---> CCA Query - Missing Prescribed Terms


    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

    Comment


    • #32
      Re: Monopoly's UE Diary

      Originally posted by monopoly View Post
      Company: Royal Bank of Scotland (Mint)
      Type: Credit Card
      Date Commenced: 04/1996
      Approx. Balance: 7,000
      Date Last Paid: 2008
      Arrangement: Yes
      Status: Default 09/2007
      Account Owner: Bryan Carter & Co Solicitors

      Activity

      20/09 Sent CCA request
      23/09 Received letter saying they were unable to provide this information and that I should request it from their client RBS
      23/09 Sent CCA request declined template letter
      This is enforceable, however as above i'd be prone to try and blag it for now - if so, then respond with the following: ---> CCA Query - Missing Prescribed Terms

      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment


      • #33
        Application or Agreement

        Hi all

        I have been looking through what has been coming back to me over the last few months and have been wondering if anybody knows if an application form can be considered an agreement if it has all the prescribed terms but says application form on it.

        In other words if it says application form can it be an agreement as well. Most of the documents I have back from CCA requests say application form and then underneath it says in smaller writing credit agreement regulated by the consumer credit act 1974. Anybody know?

        Cheers

        Monopoly

        Comment


        • #34
          Re: Monopoly's UE Diary

          - Sending your Agreement to Niddy
          Best let Niddy have a look
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #35
            Re: Application or Agreement

            Originally posted by monopoly View Post
            Hi all

            I have been looking through what has been coming back to me over the last few months and have been wondering if anybody knows if an application form can be considered an agreement if it has all the prescribed terms but says application form on it.

            In other words if it says application form can it be an agreement as well. Most of the documents I have back from CCA requests say application form and then underneath it says in smaller writing credit agreement regulated by the consumer credit act 1974. Anybody know?

            Cheers

            Monopoly
            Please send me a copy or upload here (totally secure) ---> allaboutFORUMS

            To email me, use the link below in my siggy called "email your CCA"
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #36
              Re: Update Barclaycard Goldfish

              Company: Barclaycard (Goldfish)
              Type: Credit Card
              Date Commenced: 02/1997
              Approx. Balance: 10,000
              Date Last Paid: 2008
              Arrangement: Yes
              Status: Showing as settled on Experian 12/2005 expect this is when Barclays bought Goldfish
              Account Owner: Barclaycard Mercers (Unsure)

              Activity

              20/09/2010 CCA Request sent
              08/10/2010 Recieved letter of acknowledgement that they are dealing with request
              14/03/2011 Recieved goldfish terms and conditions along with an explanation of the CCA that made no sense at all

              Now declared unenforcable Yeay

              10/07/2011 Recieved threat of intended litigation and responded with threat of litigation template letter.

              Lets see what happens next!!!

              Comment


              • #37
                Re: Monopoly's UE Diary

                Best of luck
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #38
                  Re: Statutory Demand Recieved

                  Originally posted by monopoly
                  Statutory Demand Under section Section 268(1)(a) of the Insolvency Act 1986.
                  Debt for Liquidated Sum Payable Immediately.
                  As a presumably real action, I'll move the following posts to the legal section. Please respond there.

                  >>> LINK <<<
                  Last edited by Riz; 7 October 2011, 16:06.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #39
                    Re: Update on Barclaycard (Goldfish)

                    Damn! Barclaycard seem to have found my agreement question is does it comply? Guess will have to wait till niddy returns to take a look.

                    UPDATE

                    Company: Barclaycard (Goldfish)
                    Type: Credit Card
                    Date Commenced: 02/1997
                    Approx. Balance: 10,000
                    Date Last Paid: 2008
                    Arrangement: Yes
                    Status: Showing as settled on Experian 12/2005 expect this is when Barclays bought Goldfish
                    Account Owner: Barclaycard Mercers (Unsure)

                    Activity

                    20/09/2010 CCA Request sent
                    08/10/2010 Recieved letter of acknowledgement that they are dealing with request
                    14/03/2011 Recieved goldfish terms and conditions along with an explanation of the CCA that made no sense at all

                    Now declared unenforcable Yeay

                    10/07/2011 Recieved threat of intended litigation and responded with threat of litigation template letter.
                    02/09/2011 Recived signed agreement from barclaycard clearly states its an application at the top but have no idea whether it complies or not. Will send to niddy on his return.

                    Notso Yeay

                    Comment


                    • #40
                      UPDATE: Barclaycard Platinum

                      UPDATE

                      Still not recieved any agreement, also looks like barclaycard transfered the debt whist the CCA was outstanding. Another wierd thing is that cabot sent a default notice out and also whilst CCA was outstanding. Do I just sit back on this one?

                      Company: Barclaycard (Platinum)
                      Type: Credit Card
                      Date Commenced: 05/2003
                      Approx. Balance: 7,000
                      Date Last Paid: 2008
                      Arrangement: Yes
                      Status: Satisfactory Special Arrangement 07/2008
                      Account Owner: Barclaycard

                      Activity

                      Sep/10 CCA Request sent
                      Oct/10 Recieved letter of acknowledgement that they are dealing with request
                      Jan/11 Recieved notification of transfer of debt to Cabot Financial
                      Aug/11 Recieved default notice from cabot financial.
                      Sep/11 Numerous pay or we take you to court notices.

                      Comment


                      • #41
                        Re: UPDATE: Barclaycard Platinum

                        Originally posted by monopoly View Post
                        UPDATE

                        Still not recieved any agreement, also looks like barclaycard transfered the debt whist the CCA was outstanding. Another wierd thing is that cabot sent a default notice out and also whilst CCA was outstanding. Do I just sit back on this one?

                        Company: Barclaycard (Platinum)
                        Type: Credit Card
                        Date Commenced: 05/2003
                        Approx. Balance: 7,000
                        Date Last Paid: 2008
                        Arrangement: Yes
                        Status: Satisfactory Special Arrangement 07/2008
                        Account Owner: Barclaycard

                        Activity

                        Sep/10 CCA Request sent
                        Oct/10 Recieved letter of acknowledgement that they are dealing with request
                        Jan/11 Recieved notification of transfer of debt to Cabot Financial
                        Aug/11 Recieved default notice from cabot financial.
                        Sep/11 Numerous pay or we take you to court notices.
                        I would send this > Account Sold whilst in Dispute
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #42
                          Re: Litigation Warning and Agreement recieved

                          Looks like Barclaycard have found my Goldfish Application form was wondering if this is regarded as the agreement.

                          Also have recieved Litigation warning from Midas any ideas on what to do next, have just sent Niddy the application and litigation letter.

                          UPDATE

                          Company: Barclaycard (Goldfish)
                          Type: Credit Card
                          Date Commenced: 02/1997
                          Approx. Balance: 10,000
                          Date Last Paid: 2008
                          Arrangement: Yes
                          Status: Showing as settled on Experian 12/2005 expect this is when Barclays bought Goldfish
                          Account Owner: Barclaycard Mercers (Unsure)

                          Activity

                          20/09/2010 CCA Request sent
                          08/10/2010 Recieved letter of acknowledgement that they are dealing with request
                          14/03/2011 Recieved goldfish terms and conditions along with an explanation of the CCA that made no sense at all

                          Now declared unenforcable Yeay

                          10/07/2011 Recieved threat of intended litigation and responded with threat of litigation template letter.
                          02/09/2011 Recived signed agreement from barclaycard clearly states its an application at the top but have no idea whether it complies or not. Will send to niddy on his return.

                          Notso Yeay

                          18/10/2011 Recieved Litigation warning.

                          Next step ???

                          Comment


                          • #43
                            Update

                            UPDATE

                            Company: Barclaycard (Cash back)
                            Type: Credit Card
                            Date Commenced: 08/2000
                            Approx. Balance: 6,000
                            Date Last Paid: 2008
                            Arrangement: Yes
                            Status: Satisfactory Special Arrangement 12/2008
                            Account Owner: Barclaycard

                            Activity

                            30/09 CCA Request sent
                            08/10 Recieved letter of acknowledgement that they are dealing with request
                            02/11 Recieved CCA documentation looks like an application form only

                            Mar/11 Application form recieved letter sent
                            May/11 Recieved notification that account was sold
                            Sep/11 Recieved default notice from AK new owners ??
                            Nov/11 Sent account sold whilst in dispute letter
                            Last edited by monopoly; 6 November 2011, 15:07. Reason: Mistake

                            Comment


                            • #44
                              Re: Litigation Warning and Agreement recieved

                              Originally posted by monopoly View Post
                              Looks like Barclaycard have found my Goldfish Application form was wondering if this is regarded as the agreement.

                              Also have recieved Litigation warning from Midas any ideas on what to do next, have just sent Niddy the application and litigation letter.

                              UPDATE

                              Company: Barclaycard (Goldfish)
                              Type: Credit Card
                              Date Commenced: 02/1997
                              Approx. Balance: 10,000
                              Date Last Paid: 2008
                              Arrangement: Yes
                              Status: Showing as settled on Experian 12/2005 expect this is when Barclays bought Goldfish
                              Account Owner: Barclaycard Mercers (Unsure)

                              Activity

                              20/09/2010 CCA Request sent
                              08/10/2010 Recieved letter of acknowledgement that they are dealing with request
                              14/03/2011 Recieved goldfish terms and conditions along with an explanation of the CCA that made no sense at all

                              Now declared unenforcable Yeay

                              10/07/2011 Recieved threat of intended litigation and responded with threat of litigation template letter.
                              02/09/2011 Recived signed agreement from barclaycard clearly states its an application at the top but have no idea whether it complies or not. Will send to niddy on his return.

                              Notso Yeay

                              18/10/2011 Recieved Litigation warning.

                              Next step ???
                              Ok, this is now enforceable as they've sent the actual agreement with the actual terms, what a bugger

                              However for now I would be inclined to blag it a bit further, ergo you now need to decide whether to capitulate and make a monthly / F&F offer or whether to stand firm and see what they do next?

                              You've not paid in 3 years, so it's a gamble - do you own your own house?
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment


                              • #45
                                Re: Monopoly's UE Diary

                                UPDATE

                                Company: The Co Operative Bank (Smile)
                                Type: Credit Card
                                Date Commenced: 09/2002
                                Approx. Balance: 7,000
                                Date Last Paid: 2008
                                Arrangement: Yes
                                Status: Default 05/2009
                                Account Owner: Red Castle Recoveries

                                Activity

                                Sep/2010 Sent CCA request
                                Sep/2010 Received acknowledgement of request and that they have requested it from their client the Co Operative Bank
                                Oct/2011 Recieved SD
                                Nov/2011 SD set aside
                                Nov/2011 Agreement recieved (Major parts unreadable)

                                Comment

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