Frightened about my future

never-in-doubt · 23 May 2010 at 8:08AM

mouseann wrote: »

My only small question is regarding the time frame.

I may be going away for 2-3 weeks in the summer (house sitting!) and I was wondering what happens if court papers arrive when I am not there. Are they able to do anything in my absence? I know this is a very premature panic - at least I hope it is - but it as well that I am prepared for this eventuality, don't you think?

You will not receive court papers, don't worry Ann

never-in-doubt · 23 May 2010 at 8:14AM

mouseann wrote: »

Have been busy scanning in some documents in readiness for Niddy;s return to the fold, so am awaiting his advice! I am not hounding him - he did suggest that I did this!.

Hi Ann

BarclayCard - Goldfish

This is currently - 100% unenforceable :T

Basically the letter they sent you looks the same as these right? Page 1, Page 2, Page 3 (taken from HERE).

Well, funnily enough i've now created Barclays their own template being they send the same letter to almost each person that queries CCA's with them (muppets will never learn)!

See here and send this: Template to Barclays - Upon their claim they have satisfied s.78

They have not sent a CCA, all they have sent is terms and conditions which does not satify your s.78 request and as a result they are currently in default of your query, and this account is unenforceable.

never-in-doubt · 23 May 2010 at 8:25AM

mouseann wrote: »

Have been busy scanning in some documents in readiness for Niddy;s return to the fold, so am awaiting his advice! I am not hounding him - he did suggest that I did this!.

Hi Ann

Tesco (Finest) Credit Card!

This is currently - 100% unenforceable :T

Basically I need you to confirm a few things;

1. Where is the CCA (did they not send you one, i.e. signature page)?
2. When did you start this account (approx)
3. They state you signed up for it in-store and have received instant credit (did you?)

Is the above true, can you please advise?

Irrespective, I suspect the account is older than they think and this leads me to firmly believe they have issued a recon of terms but not terms in place at account inception, for instance the late payment/default charges are showing as £12 - lets assume you applied for this 10 years ago, then it'd be nearer £25 for a late fee - not £12, as this is more recent.

Also, they refuse you the right to cancel due to you signing in-store, well I never knew you could sign up in-store, certainly not a few years ago prior to the launch of a couple of tesco Banks. Your original limit compared to the current limit confirms the account is a few years old, I just need to know roughly when you took it out?

Other than that, it is unenforceable as they have not complied with their s.78 request - far far from it actually, so respond with this: CCA Query - Terms & Conditions Supplied

savingwannabe · 23 May 2010 at 9:50AM

I am in parenthesis, as i dont want to get in the way but, HOOOOOORRRRAAAAAY.

:T:j:rotfl::j:T:j:rotfl::j:T:j:T:rotfl::T:j:A:T

never-in-doubt · 23 May 2010 at 9:53AM

savingwannabe wrote: »

I am in parenthesis, as i dont want to get in the way but, HOOOOOORRRRAAAAAY.

:T:j:rotfl::j:T:j:rotfl::j:T:j:T:rotfl::T:j:A:T

Morning trouble :cool:..... going out into the sun today are we? Have some vino and strawberries?

mouseann · 23 May 2010 at 9:55AM

never-in-doubt wrote: »

Tesco (Finest) Credit Card!

This is currently - 100% unenforceable :T

Basically I need you to confirm a few things;

Thanks for all this, Niddy!

I have tried to use the wrap-round quotes to reply - but not sure whether it has worked OK!

1. Where is the CCA (did they not send you one, i.e. signature page)?

I can confirm that I scanned everything I received - apart from a glossy leaflet explaining the current Terms and Conditions, and a copy of my latest statement, showing overdue payment! Nothing whatsoever containing my signature!

2. When did you start this account (approx)

My approximate answer to this is at least 12 years ago - probably nerer 15. When I log off I am going to check to see if I can find anything more definitive but I know it is at least 12. About 6-7 years ago I changed from the "standard" basic Visa card to a "Finest Platinum" - this was not the card I had originally!

3. They state you signed up for it in-store and have received instant credit (did you?)

No, I DID NOT sign up for the card in-store! Again my memory is a bit fuzzy, but I am pretty sure that I filled in an application form and posted it to them - which was pretty much the norm in those days!
Is the above true, can you please advise?

Irrespective, I suspect the account is older than they think and this leads me to firmly believe they have issued a recon of terms but not terms in place at account inception, for instance the late payment/default charges are showing as £12 - lets assume you applied for this 10 years ago, then it'd be nearer £25 for a late fee - not £12, as this is more recent.

Also, they refuse you the right to cancel due to you signing in-store, well I never knew you could sign up in-store, certainly not a few years ago prior to the launch of a couple of tesco Banks. Your original limit compared to the current limit confirms the account is a few years old, I just need to know roughly when you took it out?

Other than that, it is unenforceable as they have not complied with their s.78 request - far far from it actually, so respond with this: CCA Query - Terms & Conditions Supplied

Thanks again for all your help with this Niddy. To say it is appreciated is an understatement!

This leaves outstanding the 4 who have requested signatures - some are quite recent but M&S wrote to me over 2 weeks ago to say that they were sending their paperwork separately - am still waiting. Plus I have heard absolutely zilch from Capital One and am still waiting for the next step from Amex, who had the "best" paperwork.

It does look as if the total is now 11 - but I am not counting any chickens - yet!

Now off to rummage through some drawers!

mouseann · 23 May 2010 at 9:57AM

never-in-doubt wrote: »

You will not receive court papers, don't worry Ann

Thanks Niddy,

Very reassuring!!!

mouseann · 23 May 2010 at 9:59AM

never-in-doubt wrote: »

Hi Ann

BarclayCard - Goldfish

This is currently - 100% unenforceable :T

Basically the letter they sent you looks the same as these right? Page 1, Page 2, Page 3 (taken from HERE).

Well, funnily enough i've now created Barclays their own template being they send the same letter to almost each person that queries CCA's with them (muppets will never learn)!

See here and send this: Template to Barclays - Upon their claim they have satisfied s.78

They have not sent a CCA, all they have sent is terms and conditions which does not satify your s.78 request and as a result they are currently in default of your query, and this account is unenforceable.

Thanks Niddy,

Will send off the letter tomorrow!

Interesting that Barclay's response needs its own template!

mouseann · 23 May 2010 at 10:02AM

Morning all,

Glorious morning - hope it is the same wherever you are!

Am resisting the tempation to spend some time in the sunny garden - have a lot of catching up to do, including letters to write!

I am not compaining about this - Niddy has done a super-fast turnaround of my queries!

savingwannabe · 23 May 2010 at 10:03AM

I am recovering from yesterday. I ate a massive spanish tapas meal and then had a cornish pastie when i got in and some baklava. I feel a bit sick today. Can you get a hangover from food????

But weather is gorgeous. Everyone enjoy it.

Frightened about my future

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