Greymatter's ue Diary

[The Tech Clerk]

Greymatter's ue Diary

Consumer Credit Act comes into force on July 1st 1977

1980s
The UK moves to ‘duality’, i.e. banks begin to issue both Visa and Access cards. Subsequently, the Access consortium begins to break-up, and disappears as a brand as MasterCard gains recognition in the UK. This move brings world-wide acceptance to UK-issued cards.
Early/mid 80s saw the introduction of electronic point of sale terminals.

The Regulation may be cited as the Consumer Credit (Agreements) Regulations1983, and shall come into operation on 19th May 1985.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)
1983 No 1553
Consumer Credit

Authority: Consumer Credit Act 1974, ss 60, 61(1)(a), 105(9), 114(1), 127(3), 182(2), 189(1)
UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)/1 Citation,
commencement and interpretation
1 Citation, commencement and interpretation

[Never-In-Doubt]

Re: Greymatter's ue Diary

Consumer Credit Act comes into force on July 1st 1977

We know all this, it doesn't serve any purpose....

Access was closed as an entity in 1996

Access merged with the international credit card brand MasterCard in 1996.

Just cos they merged, does not mean the credit agreement and/or terms within merged, this would not be acceptable.

So we need clarity that the mastercard was opened after 1985, if so it's UE, if not then it's EN - simples

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
Many thanks for your response.My take on the intro of Natwest Mastercard was in the mid 1990's.
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

Thus it will be that they're referring to and hence it will be unenforceable in line with their own letter to you, they have classed the MC as a whole new account, great! That actually helps you - cos they won't have an agreement as they seem to go on the pretext they 'merged' with MC, no they never - MC replaced the Access rights (like visa recently done (debit card) with switch) (and like Maestro went fully MC branded).

Point is, you should have a new MC agreement, we both know you never got one as do the bank. Clearly.

[greymatter]

Re: Greymatter's ue Diary

Thanks Niddy
You are right,I never had a MC agreement.
It's my move next then
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
This quote is for a different credit card and not my NW.Just to clarify the situation

So what about the following:
'We are currently unable to provide a copyof the terms of your credit agreement as varied in accordance with section 82(1)of the Act....We accept that we are therefore preventedfrom enforcing our agreementwith you while this state of affairs continues'
Taken from a pre 1985 account response.

GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

Hi Niddy
This quote is for a different credit card and not my NW.Just to clarify the situation

GM

ok, well forget that part (that just strengthened your case) - the fact remains that they cannot enforce based on the fact there was no agreement for the credit card, was there?

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy
No ,definately no agreement
GM

[Never-In-Doubt]

Re: Greymatter's ue Diary

Hi Niddy
No ,definately no agreement
GM

well that'll be that then! They will struggle to enforce, period.

[greymatter]

Re: Greymatter's ue Diary

Thanks Niddy
Great news
GM

[greymatter]

Re: Greymatter's ue Diary

Hi Niddy/I2D
Quote:
Originally Posted by greymatter
Its time to go for this one as I have not had a statement since early 2005.
Barclay Resolve
Type of account (Loan Account)
Date commenced ( 2002)
Approx Balance (£13600)
Last made a FULL payment (July 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclays(Feb 2004)
Account run by CDCS
Key:sent
received
other information

I am paying a small token payment and have not had contact since early 2005.However this will go for ever and the SB date will just keep moving out.I am concerned however that the CCA request could stir up interest charges and the like.However this site has given me confidence and if I don't act now I will have this bloody millstone around my neck till I die--and then some!
As a matter of interest CDCS have got the amount outstanding and references wrong.They have mixed them with a different debt!
Greymatter

15/05/2012 Special delivery CCA requested

Hi Niddy

31/05/2012 Letter received from Barclays and they have in the first place stated:'Sec 77 and 78 of the CCA1974(as amended) do not require Barclays Bank to provide you with a signed original form of the agreement and .......not the policy of Barclays Bank to provide this'
They are however pleased to provide me with a copy of the agreement and financial statementas the Act does not require them to supply me with a signed original'

However what they sent me was a set of TC's with figures filled in and various other hand filled details.This Agreement is not the one that I wrote for and the amount shown as outstanding and their explanation is also completely wrong.They have got the loans mixed up but have cobbled together a letter showing£13000+in arrears with an agreement of some £2000+ That would be some interest!!
What letter should I send as basically they cannot supply the original and have t'cs hand written and no date.
Thanks
GM

31/05/2012 In2 deep : Might be worth letting Niddy have a quick look-----> agreements@all-about-debt.co.uk
31/05/2012 Ok will do.

Niddy stuff sent now.
GM
01/06/2012 Niddy:I'll check tonight

01/06/2012 Niddy:
Barclays - this is a mock-up. There is a hand written form undated for a small loan that is linked to a different product via account reference and comes with no PT's.

Basically Barclays have got confused and made this out to be an original using a reference number for a newer product that was a different loan and came with PPI. Confused? Yep, so are we totally.

Respond with ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms [QUOTE]


12/10/2012
Letter from Barclays telling me that the responsibility for collecting has been passed to CSL .They telephoned me and left a message to contact them.NO WAY.
Shall I wait for response or send sold while in dispute letter.
Thanks
GM

[Deepie]

Re: Greymatter's ue Diary

Hi Niddy/I2D
Quote:
Originally Posted by greymatter
Its time to go for this one as I have not had a statement since early 2005.
Barclay Resolve
Type of account (Loan Account)
Date commenced ( 2002)
Approx Balance (£13600)
Last made a FULL payment (July 2003)
Paying by arrangement with DCA(CDCS)
Default Notice issued by Barclays(Feb 2004)
Account run by CDCS
Key:sent
received
other information

I am paying a small token payment and have not had contact since early 2005.However this will go for ever and the SB date will just keep moving out.I am concerned however that the CCA request could stir up interest charges and the like.However this site has given me confidence and if I don't act now I will have this bloody millstone around my neck till I die--and then some!
As a matter of interest CDCS have got the amount outstanding and references wrong.They have mixed them with a different debt!
Greymatter

15/05/2012 Special delivery CCA requested

Hi Niddy

31/05/2012 Letter received from Barclays and they have in the first place stated:'Sec 77 and 78 of the CCA1974(as amended) do not require Barclays Bank to provide you with a signed original form of the agreement and .......not the policy of Barclays Bank to provide this'
They are however pleased to provide me with a copy of the agreement and financial statementas the Act does not require them to supply me with a signed original'

However what they sent me was a set of TC's with figures filled in and various other hand filled details.This Agreement is not the one that I wrote for and the amount shown as outstanding and their explanation is also completely wrong.They have got the loans mixed up but have cobbled together a letter showing£13000+in arrears with an agreement of some £2000+ That would be some interest!!
What letter should I send as basically they cannot supply the original and have t'cs hand written and no date.
Thanks
GM

31/05/2012 In2 deep : Might be worth letting Niddy have a quick look-----> agreements@all-about-debt.co.uk
31/05/2012 Ok will do.

Niddy stuff sent now.
GM
01/06/2012 Niddy:I'll check tonight

01/06/2012 Niddy:
Barclays - this is a mock-up. There is a hand written form undated for a small loan that is linked to a different product via account reference and comes with no PT's.

Basically Barclays have got confused and made this out to be an original using a reference number for a newer product that was a different loan and came with PPI. Confused? Yep, so are we totally.

Respond with ---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms

12/10/2012
Letter from Barclays telling me that the responsibility for collecting has been passed to CSL .They telephoned me and left a message to contact them.NO WAY.
Shall I wait for response or send sold while in dispute letter.

Thanks
GM

I would wait until they write to you...........

[greymatter]

Re: Greymatter's ue Diary

Ok,will do.
Thanks I2D
GM

[greymatter]

Re: Greymatter's ue Diary

Hi I2D
Re Barclay Resolve(above)
I noticed that a line in Barcs letter re: passing it over to CSL that 'failure to make a payment or contact them to make arrangements etc etc will lead to further action'.
Should I still wait for contact(They phoned but I did not pick up)
GM

[Deepie]

Re: Greymatter's ue Diary

Hi I2D
Re Barclay Resolve(above)
I noticed that a line in Barcs letter re: passing it over to CSL that 'failure to make a payment or contact them to make arrangements etc etc will lead to further action'.
Should I still wait for contact(They phoned but I did not pick up)
GM

Just wait until they write to you I would............