Helmsman UE Diary

[Paul.]

Re: Helmsman UE Diary

Hi Niddy,
Requested cca 11/10/10 received docs 15/3/11 have been fending them off since with suggested templates. ps all documented bottom of page 1 on diary.

well then here lays the dilemma it seems.

I cannot find a rate of interest in the document you have provided me for the original agreement.

Now these docs are s78 docs so per Carey they are not proof of proper execution but are merely information only.

So the creditor may just say ooops we cocked it up and heres the accurate copy we just missed off the interest etc. If they served another document then you may be in trouble................ unles of course you know what you signed when you opened the account. My point is if this document is indeed the terms that you signed up to then the agreement may well be in trouble, but if it is not your agreement then you may be in difficulty

[helmsman]

Re: Helmsman UE Diary

well then here lays the dilemma it seems.

I cannot find a rate of interest in the document you have provided me for the original agreement.

Now these docs are s78 docs so per Carey they are not proof of proper execution but are merely information only.

So the creditor may just say ooops we cocked it up and heres the accurate copy we just missed off the interest etc. If they served another document then you may be in trouble................ unles of course you know what you signed when you opened the account. My point is if this document is indeed the terms that you signed up to then the agreement may well be in trouble, but if it is not your agreement then you may be in difficulty

Hi Paul,
Only ever signed application form never signed anything else cards just came after that.

[Paul.]

Re: Helmsman UE Diary

Hi Paul,
Only ever signed application form never signed anything else cards just came after that.

now herein lays the big problem,

What did that application contain?

There is a misinformation floating around that an application cannot be a credit agreement, it can, if it contains the prescribed terms it most certainly can and therefore could be enforceable

I cant tell you what to say, you need to think long and hard about that and think about what you signed, was what the Creditor sent part of what you signed??

[Never-In-Doubt]

Re: Helmsman UE Diary

Helmsman,

Is this an Associates card? If so, they'll not have the original agreement, I also took an Associates card out (back in 1990's the gold bling with £5k cash advance at 0% sold the card to millions) - but they never transferred their hard copies to Citi when they merged.

Cabot confirm they've sent a recon, thing is if you recall as with most associate customers, when you joined they sent a free calculator sort of thing? I recall the form, was single sided with huge associates and gold card logo with big bold font saying "upto £5,000 cash advance at 0% apr" plus free personal organiser calculator pad (kinda thingy-majiggy)!!

Point is, the form was pre-filled and all I did was sign. I then went on jollies and a week later came home to a new gold card, on its own in a single piece of card with the card details and limit. It was (1997) approx £15k limit at 3.4% apr.

However I never knew I had the advance till I opened the acceptance letter with card properly, the cheque was at the bottom! So they sent my card and cheque in the same envelope and I 100% never got terms. I recall that cos I tried to hunt online (Netscape ) for a set, in the end I rung and they posted me some and I learned my 0% on £5k cash was only actually for 18mth.

I then spent the £5k and told them to get fucked and returned the card. That's why I remember this so well cos I basically helped myself to £5k from the buggers

I hope the above may jog your mind somewhat......

[helmsman]

Re: Helmsman UE Diary

Helmsman,

Is this an Associates card? If so, they'll not have the original agreement, I also took an Associates card out (back in 1990's the gold bling with £5k cash advance at 0% sold the card to millions) - but they never transferred their hard copies to Citi when they merged.

Cabot confirm they've sent a recon, thing is if you recall as with most associate customers, when you joined they sent a free calculator sort of thing? I recall the form, was single sided with huge associates and gold card logo with big bold font saying "upto £5,000 cash advance at 0% apr" plus free personal organiser calculator pad (kinda thingy-majiggy)!!

Point is, the form was pre-filled and all I did was sign. I then went on jollies and a week later came home to a new gold card, on its own in a single piece of card with the card details and limit. It was (1997) approx £15k limit at 3.4% apr.

However I never knew I had the advance till I opened the acceptance letter with card properly, the cheque was at the bottom! So they sent my card and cheque in the same envelope and I 100% never got terms. I recall that cos I tried to hunt online (Netscape ) for a set, in the end I rung and they posted me some and I learned my 0% on £5k cash was only actually for 18mth.

I then spent the £5k and told them to get fucked and returned the card. That's why I remember this so well cos I basically helped myself to £5k from the buggers

I hope the above may jog your mind somewhat......

Hi Niddy,
If only they had sent me £5000 unfortunately not.

[helmsman]

Re: Helmsman UE Diary

now herein lays the big problem,

What did that application contain?

There is a misinformation floating around that an application cannot be a credit agreement, it can, if it contains the prescribed terms it most certainly can and therefore could be enforceable

I cant tell you what to say, you need to think long and hard about that and think about what you signed, was what the Creditor sent part of what you signed??

Hi Paul,
the application came via postman, it did not contain the prescribed terms as sent by the recon, it was purely a short application form to apply not possible to have contained all that writing, assumed it would be sent later but just the card came and a number to activate it, it was simple so we got another one as well.

[Never-In-Doubt]

Re: Helmsman UE Diary

plus free personal organiser calculator pad (kinda thingy-majiggy)!!

proof - this is the baby here!

Remember the gold triangle logo now....?

[Never-In-Doubt]

Re: Helmsman UE Diary

Hi Niddy,
If only they had sent me £5000 unfortunately not.

They couldn't mate, I spent it

[Never-In-Doubt]

Re: Helmsman UE Diary

now herein lays the big problem,

What did that application contain?

Not relevant but mine was A4 in size with the top 1/3rd advertising the rate, card and organiser etc. the bottom 2/3rds was a mini application that literally pre-filled name and address. I added DOB and signed. That was it.

Never filled in anything about work, income - nada! But I do remember there was never any PT's on my copy - it showed the interest rate for the cash advance and card at the top. But I got it wrong, thus without the terms I would have been misled to think I had £5k interest free

But that was me, could be totally different! No two cases are the same!

[Paul.]

Re: Helmsman UE Diary

is there a claim issued here?

Or is it just pre action stages?

[helmsman]

Re: Helmsman UE Diary

is there a claim issued here?

Or is it just pre action stages?

Hi Paul,
No claim yet, just the letter solicitors sent practice directions pre action protocol within cpr 1998, if do not respond by 26/6 legal proceedings will be issued without further notice.

[helmsman]

Re: Helmsman UE Diary

from

Helmsman can you do me a favour and check the first agreement that you were sent please and make sure that there is nothing that says the rate of interest, i just want to make sure ive not missed something but it does seem to me that there is no rate of interest there at alllllllllllllllllllllllllllllll

Hi Paul,
First agreement page 1 apr is 29.8%(variable) from recon dated 01/09/2001

[Paul.]

Re: Helmsman UE Diary

APR is not interest. APR is a schedule 1 term under the agreement regs whereas interest is a schedule 1&6 term thus they cannot be the same thing. It is interest not Apr that we are concerned with

[helmsman]

Re: Helmsman UE Diary

APR is not interest. APR is a schedule 1 term under the agreement regs whereas interest is a schedule 1&6 term thus they cannot be the same thing. It is interest not Apr that we are concerned with

Hi paul,

also answered your email with what I had already put on these post so please ignore it.

[helmsman]

Re: Helmsman UE Diary

Hi,
Thought I would update diary for any new members unsure about UE. Joined 2010.

Cap 1 UE last contact 21/10/11
Barclaycard No CCA last contact 10/3/11
Marbles Cant supply agreement last contact 12/11/11
Monument Letter before action 11/5/12
Halifax UE last contact 26/9/11 statement 3/4/12
Cap1 no 2 UE last contact 13/7/11
HSBC Enforceable CCJ June 11 affordable payments set
CITI solicitors/cabot letter, using preferred solicitor to fight back.
Citi no 2 no CCA last contact 3/12/10
Santander Loan Enforceable last contact May 2011.
MBNA no CCA Sold to Arrow told them to F Off last contact 12/4/12.
LLoyds UE last contact 18/1/12

So hope I have not tempted fate.
Contacting AAD best thing I ever did regarding debt.
All the best to everyone.
£36000 UE.