Greymatter's ue Diary

[greymatter]

Re: Greymatter's ue Diary

Mind you
its not me who remembers the date but my wife.I would on oath say that I simply cant remember,because I really cant.My initial thoughts were around 2003 because my retained paperwork only goes to 2000+
GM

[PlanB]

Re: Greymatter's ue Diary

The thing that flags up to me is that you took out an Access card in 1980. But NatWest are chasing you for a MasterCard (or is it a Visa?). So what happened when the Access card turned into a M/C or Visa ? In my case I signed a new application form (a CCA in theory but it's missing PTs!) for my NatWest Visa in 2001. The Access account was closed at that point. I belived this happenend because the new Visa account could turn more tricks and was a completely different product. Could this have happened to you too?

So search for anything you can find which proves that you opened this account in 2000 - you seem so sure of this date/year so what evidence have you got? And if you did open it in 2000 then you couldn't haven't opened it in 1980 as well. QED.

[PlanB]

Re: Greymatter's ue Diary

Mind you
its not me who remembers the date but my wife.I would on oath say that I simply cant remember,because I really cant.My initial thoughts were around 2003 because my retained paperwork only goes to 2000+
GM

Wives normally do have better memories for the important things in life

Although she can't be your witness her knowledge is great background research for you. It's also critical to know whether this is a Visa card or a MasterCard. As I understand it (thank you Wikipedia) Access was merged with M/C not Visa. So if you've now got a Visa account I can't see how it could be directly related to your original Access card account.

I'm off to bed now but will look in again tomorrow

[greymatter]

Re: Greymatter's ue Diary

Many thanks PlanB

Wives normally do have better memories for the important things in life

Although she can't be your witness her knowledge is great background research for you. It's also critical to know whether this is a Visa card or a MasterCard. As I understand it (thank you Wikipedia) Access was merged with M/C not Visa. So if you've now got a Visa account I can't see how it could be directly related to your original Access card account.

I'm off to bed now but will look in again tomorrow

It is now a MC but was Access.

Have a good night. zzzzzzzzzzzzzzzzzzzzz
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

I have already explained the history and the fact that Access merged with MC and also told you to check this as the terms are definitely different from the Access card to the Mastercard - so what terms have the bank sent? They still need to send the ones from account inception - not any old random terms.

You're trying to deal with too many issues, stick to the basics and try and PROVE the terms they have sent are not those that were issued with the ACCESS card but in fact those that came with mastercard..... that's one detail that will help you (as they'll then be reliant on terms that are not reflective to the actual account in question).

See where i'm going with this....

[greymatter]

Re: Greymatter's ue Diary

Good evening Niddy
Sorry ,but some of these issues do get a bit confusing.I have a letter from them with 'please see overleaf for your credit card agreement,these are definately not old Access tc's but recent tc's for Mastercard.
Want a copy?
Thanks Niddy
GM

[greymatter]

Re: Greymatter's ue Diary

Good Morning Niddy
I took the liberty of emailing you the Terms & Cond that were enclosed with their letter yesterday.
I hope these prove useful.
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
Hopefully my email was received OK? I have read as much as I could today before my pea brain couldn't cope(2 Dandys and a Beano!)

Unlikely, it is you that needs to give me the rabbit so to speak before i can pull it out of a bag.

The devil is always in the detail and the best case i can refer you to on evidence is HFO v Wegmuller as that showed what evidence you need to really challenge the enforceability of the agreement.

So I feel that there has got to be something within the volumes of text that is written around CCA 1974.
I am really looking forward to your take on this Niddy as I am starting to see Sections and Schedules in my sleep.
How you cope is quite astounding,tell me where's the switch to turn off at night .
GM

[PlanB]

Re: Greymatter's ue Diary

Greymatter.

I think what Niddy is saying here is "chill". I suspect you and I are of the same vintage so that word may come as an alien concept I believe our Prime Minister (I didn't vote for him BTW) refers to it as 'chillax'. The point is if NatWest hasn't got its paperwork in order then it can't get a court order to enforce the debt. The bad news is that it can still issue proceedings and have-a-go

What Niddy is trying to do is set up the bank by doing what I would call 'background checks' on the documents you receive. First up, are the Ts & Cs you were sent the ones from 1980 (forget the s.78 legal stuff for now) because they have to be in order to get a court order to make you pay. You say they look like Ts & Cs from a M/C in 2000.

When that has been established Niddy will decide what is the right way to respond to the bank

[greymatter]

Re: Greymatter's ue Diary

Thanks PlanB
I am working on the 'chill out' advice,and although difficult,I am getting there.
Yes the t/c's are from 2010!!To this end I now relax as its in the safe hands of the Boss.:niddy
I am ,as you quite rightly concluded,'of the same vintage'but no ,I didn't get my driving licence at the Ben Hur School of Motoring.
GM

[greymatter]

Re: Greymatter's ue Diary

Hi FP
It therefore looks like the Banks can say for all those in my position---ooops lost the relvent paperwork so here you go have these latest that don't relate to your old account but hey ho! pay up.
Just got to see what Niddy comes up with.
Thanks
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Flowerpower
One small point here.I had this with another Bank and they gave the same pre 1985 stuff.They then went on to mention sec 82(1) and the conclusion was from them was U/E.Higher o/s figure but 1980.
Strange thing is that Access to Mastercard is a variation.
What a weird legal system we have.
GM

[Paul.]

Re: Greymatter's ue Diary

Hi FP
It therefore looks like the Banks can say for all those in my position---ooops lost the relvent paperwork so here you go have these latest that don't relate to your old account but hey ho! pay up.
Just got to see what Niddy comes up with.
Thanks
GM

that is indeed what the banks can do , sadly,

[greymatter]

Re: Greymatter's ue Diary

Thanks Paul/Flowerpower
I will await instructions now from Niddy as to what my next move should be.
You win some and you lose sum ,eh!
GM

[Paul.]

Re: Greymatter's ue Diary

Thanks Paul/Flowerpower
I will await instructions now from Niddy as to what my next move should be.
You win some and you lose sum ,eh!
GM

The problem is you said you dont remember when you took out the agreement.

That really leaves you at the mercy of the bank.