Greymatter's ue Diary

[greymatter]

Re: Greymatter's ue Diary

If I can and go with 16/4/1980 whats to change then?
GM

[greymatter]

Re: Greymatter's ue Diary

Paul

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

That really leaves you at the mercy of the bank.

So the fact that NW Access was taken over by (RBS?)and then called it Mastercard,as this was after May 1985 ,this is like a new agreement(a variation that needs confirming)? Terms and conds were obviously different .How do I know what was in the original tc's as no one can produce them,what if there isn't a section allowing this 'variation'.
So this appears to me as unfair treatment.
GM

[greymatter]

Re: Greymatter's ue Diary

Originally Posted by greymatter
Hi Niddy,I have read within these diaries that 'Fixed/Flexible' loans are somewhat different to the normal loan account.Does my loan come in this category?Hence my mini explanation of the running of my loan account,cos I was lent a fixed sum.If it does but they can't come across with a signed agreement then does this qualify for a U/E route?I have not made any application for CCA 77-79 until I get your thoughts regarding this situation.
Key:sent
received
other information

Barclays Select
Type of account Fixed (Loan over 36 Months)
Explanation
This loan account required that you pay the agreed fixed monthly amount and if you default( miss payment(s)) this agreed monthly figure is immediately tranferred to what they call a Flexible Account.This is shown(detailed) within the same monthly statement and interest is then added to the o/s month(s) default and added to the flexible balance.You are then required to pay the agreed current monthly fixed loan figure plus a minimum payment from the flexible balance.So if you cannot pay this you soon receive a D/N.The D/N shows the balance they are after,which is the total o/s.No split is shown between 'fixed and flexible'.
Date commenced (July 2003)

Approx Balance (£10000)

Last made a FULL payment (Apl 2004)

Paying by arrangement with DCA(Credit Solutions)

Default Notice issued by Barclays(Dec 2003 + again April 2004)

Account run by Credit Solutions

10/01/12 CCA request sent recorded delivery
20.01.12 Letter from CSL :they are requesting the documents from Barclays and will forward onto me when they get them.
I will give them till early next week,then I shall stop payment.

03/02/2012 Not yet had a reply.What response should I use or should I wait till next week?

10/02/2012 Received letter from them asking for the £1 fee.They had already sent me a letter telling me that they were requesting the docs from the OC.
They said to keep paying until they respond(Bollax)
I have responded with a copy of this letter and my PO receipt.
Is it best to now cancel the payment or wait ?

10/02/2012 I2D
Quote:
Originally Posted by in 2 deep
I Would stop paying......
Quote:
06/03/2012 Still no response so should I consider this until I hear to the contrary?
I take it that I don't send any further requests?
Thanks
GM

25/05/12 Received an offer of 50% from DCA ,'failure to receive your payment..etc ,etc offer will be withdrawn and arrangements for full payment etc,etc.
Still no CCA ,so still
Should I ignore ??
Thanks
GM

[Deepie]

Re: Greymatter's ue Diary

Hi Niddy,I have read within these diaries that 'Fixed/Flexible' loans are somewhat different to the normal loan account.Does my loan come in this category?Hence my mini explanation of the running of my loan account,cos I was lent a fixed sum.If it does but they can't come across with a signed agreement then does this qualify for a U/E route?I have not made any application for CCA 77-79 until I get your thoughts regarding this situation.
Key:sent
received
other information

Barclays Select
Type of account Fixed (Loan over 36 Months)
Explanation
This loan account required that you pay the agreed fixed monthly amount and if you default( miss payment(s)) this agreed monthly figure is immediately tranferred to what they call a Flexible Account.This is shown(detailed) within the same monthly statement and interest is then added to the o/s month(s) default and added to the flexible balance.You are then required to pay the agreed current monthly fixed loan figure plus a minimum payment from the flexible balance.So if you cannot pay this you soon receive a D/N.The D/N shows the balance they are after,which is the total o/s.No split is shown between 'fixed and flexible'.
Date commenced (July 2003)

Approx Balance (£10000)

Last made a FULL payment (Apl 2004)

Paying by arrangement with DCA(Credit Solutions)

Default Notice issued by Barclays(Dec 2003 + again April 2004)

Account run by Credit Solutions

10/01/12 CCA request sent recorded delivery
20.01.12 Letter from CSL :they are requesting the documents from Barclays and will forward onto me when they get them.
I will give them till early next week,then I shall stop payment.

03/02/2012 Not yet had a reply.What response should I use or should I wait till next week?

10/02/2012 Received letter from them asking for the £1 fee.They had already sent me a letter telling me that they were requesting the docs from the OC.
They said to keep paying until they respond(Bollax)
I have responded with a copy of this letter and my PO receipt.
Is it best to now cancel the payment or wait ?

06/03/2012 Still no response so should I consider this until I hear to the contrary?
I take it that I don't send any further requests?
Thanks
GM

25/05/12 Received an offer of 50% from DCA ,'failure to receive your payment..etc ,etc offer will be withdrawn and arrangements for full payment etc,etc.
Still no CCA ,so still
Should I ignore ??
Thanks
GM

I Would if it was me.......

[greymatter]

Re: Greymatter's ue Diary

Thank I2D
I will.
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy/Paul

Paul


So the fact that NW Access was taken over by (RBS?)and then called it Mastercard,as this was after May 1985 ,this is like a new agreement(a variation that needs confirming)? Terms and conds were obviously different .How do I know what was in the original tc's as no one can produce them,what if there isn't a section allowing this 'variation'.
So this appears to me as unfair treatment.
GM

Nids,I know you are tied up with the 'Cookie Policy Changes'but are you in a position to advise me on my next move? or have I still got a bit of time for your advice before I need to contact NW.
You can't blame me for clutching at straws but everytime I read up on this situation I keep getting different slants on it.Thats because I am obviously unqualified and 'wet behind the ears'when the legalese stuff kicks in.

Thanks
GM

[Paul.]

Re: Greymatter's ue Diary

have you considered the possibility of a time order under s129 Consumer Credit Act?

[greymatter]

Re: Greymatter's ue Diary

Not read that one Paul.
Thanks , I will do and come back this.Probably for an explanation ,if thats OK?
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Paul
Just read it.So what it comes down to is for me to get the best discount deal I can with NW.Thats sh*t news but if thats what I must do then so be it.
It seems to me that part of the CCA 1974 was in force in 1980 and not knowing what parts were in force can and does lead to absolute confusion and error.Why make the bloody act but only introduce bits.Typical of our legal system .
Paul,when did sec 61 come into force and as this is a crucial part of the act,because as far as I am concerned I never signed any agreement .So as far as NW are concerned therefore,I was using the current tc's during 1985 through to 2000.
So where is my signature on this new stuff,or can they change my tc's willy nilly and not inform me .A bit cock eyed surely.I have a U/E situation but not.
Anyway Paul,many thanks for your help and input.
GM

[Paul.]

Re: Greymatter's ue Diary

Hi Paul
Just read it.So what it comes down to is for me to get the best discount deal I can with NW.Thats sh*t news but if thats what I must do then so be it.
It seems to me that part of the CCA 1974 was in force in 1980 and not knowing what parts were in force can and does lead to absolute confusion and error.Why make the bloody act but only introduce bits.Typical of our legal system .
Paul,when did sec 61 come into force and as this is a crucial part of the act,because as far as I am concerned I never signed any agreement .So as far as NW are concerned therefore,I was using the current tc's during 1985 through to 2000.
So where is my signature on this new stuff,or can they change my tc's willy nilly and not inform me .A bit cock eyed surely.I have a U/E situation but not.
Anyway Paul,many thanks for your help and input.
GM

ok

its in the schedules as to when each section came into force

13Sections 57 to 59, 61 to 65 and 67 to 73 come into operation on [F119th May 1985].

Consumer Credit Act 1974

[greymatter]

Re: Greymatter's ue Diary

THanks Paul
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

have you considered the possibility of a time order under s129 Consumer Credit Act?

Not read that one Paul.
Thanks , I will do and come back this.Probably for an explanation ,if thats OK?
GM

Paul, why?

GM - you're paying a token still, so why not just increase it.

[Paul.]

Re: Greymatter's ue Diary

Paul, why?

GM - you're paying a token still, so why not just increase it.

Because if granted, the court can freeze interest and not just the creditor choosing when he decides to do it, but a court order mandating it. And of course, the Court has broad powers to amend the terms of the agreement etc

[Never-In-Doubt]

Re: Greymatter's ue Diary

Because if granted, the court can freeze interest and not just the creditor choosing when he decides to do it, but a court order mandating it. And of course, the Court has broad powers to amend the terms of the agreement etc

yep, accepted

Good thinking, I was querying the formalisation of an informal agreement but what you say does make good sense

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
[/QUOTE]
GM - you're paying a token still, so why not just increase it. [/QUOTE]
No ,I cancelled because I thought it was 2000 and assumed U/E .You asked me why am I still paying 2000 account.

So I don't want any court stuff and as their letter to me was non aggressive I will try for a discount and phased payments,best I can do really.

Niddy what I cannot grasp is that there was a variation and that any variation will cancel the original,so how come when this happened post 1985 NW overlook it yet I have mentioned that certain OC's actually quote this as acceptable.Reading sec 82(1) does appear to have some bearing on my problem,otherwise many people in my situation will get well and truly shafted.
However,I shall let you know how this turns out.
GM