Massive debts

gargrave50

jonno7 wrote: »

Hi Gargrave...

Just wondering where you found the LoveFilm trial with £20 RI voucher? Could definitely use that as a Christmas Pressie I think?

Love reading your thread, you are doing so well and v jealous of the move to Oz. We would love to move to Perth, when we went a couple of years ago we were very tempted to put the for sale board up when we got home. The only thing that stopped us was family. I hope it all works out for you.

Hey Jonno,

Thanks for reading:D.

The Love Film offer came from a site I subscribe to DiscountVouchers.co.uk - the email was from 25th August - so not sure whether it is still valid but you can check it out!

gargrave50

Skint_but_Optimistic wrote: »

Plans sound fabulous for the weekend.

Have you checked your credit file for any unwarranted searches / odd linked names etc? thats something you could get your teeth into too!

Ive just written off to experian as there was a search for a person with the same forename as me and different surname linked to my credit file and they had searched for thousands of products from mortgages to credit cards....

The weekend plans just got even better - my friend cancelled the afternoon shift she had booked so we start drinking cheap wine at around 4pm:p.

Don't even suggest such a thing.............I'm having enough trouble keeping a lid of all the pans I have on the boil!!!! All joking aside - hubby and I subscribe to Experian and get alerted when there are searches etc made against us;).

gargrave50

gargrave50 wrote: »

Received yet another copy from HBOS of my "CCA" for our credit card. I hate to point this out to them but it is fact an application form with a separate (up to date as it refers to £12 charges) list of terms and conditions:D. Now I'm sure I've read that they can provide a reconstituted copy of the current terms and conditions. However they also state they include "a copy of your original application form". I don't remember asking for that .

Now it is 1. illegible and 2. is an application form which doesn't contain all of the prescribed terms!

Their aggressive covering letter states:

"There is no requirement under the CCA to provide a copy of the original signed agreement, but notwithstanding the fact, please find enclosed a copy of the pages of the original agreement which prove a valid signature". Now far be it from me to point out that the original "agreement" is in fact an application form - oh that's right they already pointed that out themselves:rotfl::rotfl::rotfl:.

They state further: "The prescribed terms of the agreement would have been validly incorporated into the agreement on the revers of the enclosed sheet or a separate attached sheet". Now, that may well be the case - and if you could provide a true copy of the executed CREDIT AGREEMENT and not the application form we could check that couldn't we?!!!!:D

If they want to play that game, maybe my response will include such little gems as "as you suggest the prescribed terms of the agreement would have been validly incorporated into the agreement, but have been unable to provide the agreement to allow me to confirm this. Perhaps you would accept that my cheque would have been validly incorporated into this envelope had you been able to provide a true copy of the executed agreement under the CCA - and not an application form which I now have 3 illegible photocopies of."

What do you think?

Just off to write said letter as above...............just wondering how risque I can make it:rotfl::rotfl::rotfl:. Was thinking along the lines of "as you suggest the prescribed terms WOULD have been validly incorporated into the "agreement", however you have been unable to supply evidence of this. You have instead chosen to send a copy of the application form (signed), which does not include the prescribed terms. No other "agreement" was signed and therefore I would encourage you to definately proceed to court with this document, as I am confident that this document is NOT enforceable in court as the prescribed terms are not incorporated into this. If you are able to provide evidence to the contrary then I would be delighted to see this, and would reconsider my position regarding this. However, I note that you have declined to enter into further correspondence regarding the matter, and therefore I will continue to maintain my own stance on the matter. I will offer full payment on receipt of a true copy of the executed Consumer Credit Agreement as long as it contains all of the prescribed terms required to make the document enforceable in a court of law. An application form which is 1. illegible and 2. does not contain all of the prescribed terms will not suffice.

Lots of luv (and warm hugs)

xx Julie

What do ya think?

gargrave50

I can see it going down a treat personally .

gargrave50

Here it is in all its glory

Anne P Gartshore
Manager
Card Services
Bank of Scotland
Pitreavie Business Park
Dunfermline
FIFE
KY99 4BS

Dear Ms. Gartshore,

Account Number: 4560 XXXX XXXX XXXX

Thank you for your response dated 8th September 2011, in connection with my request for a true copy of the executed Consumer Credit Agreement in relation to the above account. You have enclosed (again) a reconstituted copy of the terms and conditions, together with a copy of the application form. I now have a total of 3 copies of this – thank you.

You then proceed to refer to “the copy of the agreement enclosed with this letter” – well, as you have pointed out in the previous paragraph – this is not in fact a copy of the Consumer Credit Agreement as I requested, but in fact a copy of the application form.

I note you suggest the prescribed terms WOULD have been validly incorporated into the "agreement", however you have been unable to supply evidence of this. You have instead chosen to send a copy of the application form (signed), which does not include the prescribed terms. Despite repeated requests, I have seen no evidence of an executed Consumer Credit Agreement which incorporates all the prescribed terms required to be enforceable. Therefore, if persuing a CCJ in respect of this account is your intention, I would encourage you to proceed with this. I could, of course pursue a Subject Access Request in respect of the above account at the cost of £10, which would require Bank of Scotland to produce all records in relation to this account.

The illegible copy of the application form you have sent to me is NOT enforceable in court as the prescribed terms are not incorporated into this. If you are able to provide evidence to the contrary then I would be delighted to see this, and would reconsider my position regarding this. However, I note that you have declined to enter into further correspondence regarding the matter, and therefore I will continue to maintain my own stance on the matter. I will offer full payment on receipt of a true copy of the executed Consumer Credit Agreement as long as it contains all of the prescribed terms required to make the document enforceable in a court of law. An application form which is, 1. illegible and 2. does not contain all of the prescribed terms will not suffice.

You may well believe that the “agreement” (which you have not provided) is fully enforceable, and may well continue to treat it as such. However, I believe we have reached a stalemate on the matter, and whilst you may continue to instruct various debt collection agencies to write to me endlessly, my stance remains unchanged.

gargrave50

Don't have all the Santander letters or the copies I sent to them with me at work, therefore have had to print the FOS complaint form and will search them out when I get home in the morning, photocopy them tomorrow night on nightshift, and send it all pigeon post . Getting there....

gargrave50

So many complaints so little time

gargrave50

Just checked my New Vista site balance

Balance:£31.50 Points till payout:£18.50:D

On my way to a £50 cheque.

Just working through the invites in my inbox in a quiet moment .

Just received good news on the Oz front. If I get a sponsored visa application costs go way down to around £300:j.

gargrave50

Now to list a couple of items on ebay on the iphone just to celebrate:j.

And just checked the online banking £212 for a little nightshift bank paid - thank you:p.

gargrave50

Well managed to list a total of 12 ebay items (mostly shoes and jewellery) thanks to ebay app on the iphone . Another fine use of NHS time, thank you lovely lady inpatients on my ward who slept like good girls all night .