Unenforceability & Template Letters II

fermi

but if they can prove "beyond reasonable doubt" that an agreement had to be signed before credit was granted, the judge may award in their favour.

For the reasons already explained, I would say that even that is reading way too much into the judgement.

They weren't the judges own comments.

never-in-doubt

fermi wrote: »

For the reasons already explained, I would say that even that is reading way too much into the judgement.

They weren't the judges own comments.

I know what you're saying but it is only a worse case scenario - ultimately nothing has changed - we know that

DeBilde

Glad to hear, I am looking forward to the fight, you fancy to coming to court with me NID to stand in my corner if needed, I am in Sheffield so not far from you? I'll buy you a few Stella's to celebrate a victory for us.

never-in-doubt

DeBilde wrote: »

Glad to hear, I am looking forward to the fight, you fancy to coming to court with me NID to stand in my corner if needed, I am in Sheffield so not far from you? I'll buy you a few Stella's to celebrate a victory for us.

I'd go to court with anyone mate but it will never get that far Only those idiots that pursue it go to court, if it is unenforceable then you simply stop paying - end of. Court is fruitless, in most cases. Fermi would be better to take to court - he is the legal maestro in this field..... I am his colley dog lol (but to be fair, imagine if we both turned up fighting - we'd beat the [EMAIL="w@nkers"]w@nkers[/EMAIL] lol)

The default etc will stay, whether court or not - this was evident in McGuffick v RBS. :mad:

Stella is my secret mistresses name :rotfl: :rotfl:

DeBilde

LOL, thanks mate.

I will have a close look at the TC's sent by Barclays to make sure they are in the prescribed terms.

fermi

Comments?

http://forums.moneysavingexpert.com/showthread.html?t=2172279

pepe2008

This question may have been answered before.

If Mercers Debt Collections Limited are listed as a Non-Trading Company at Companies House....should they be contacting people asking them for money?

never-in-doubt

pepe2008 wrote: »

This question may have been answered before.

If Mercers Debt Collections Limited are listed as a Non-Trading Company at Companies House....should they be contacting people asking them for money?

Nope

themaestro

Hey NID, could you tell me, are there any types of accounts that we can't challenge pre 07? All my debts were from before this. I have credit cards, overdrafts, a loan, hirepurchase on a car.

freefalling02

Hi All

I am sure that this has been asked over and over, i did try looking through the pages but there are so many of them

I have a barclaycard. I used to make my payments online, on time and stayed under my limit. Then I moved house, this was in 2005. I wrote and told them but they continued to send my statements and any letters to my old address, this was not a real problem as it was my mums address. then in 2007 I moved again, and wrote again, they ignored it again. Still not a problem everything was still going to my mums. Then in 2008 my mother passed away and a couple of months later they 'upgraded their security' and I could no longer pay online. I called, emailed and wrote to them to tell them my new address and still nothing. Then in September this year I moved again (I know I should stop moving) and I wrote to them, they finally replied to me telling me how much I owed. I was not happy as I could still not access online and I had not received a statement since May 08.

Now in fairness to them, they have removed the charges on the account, but I am still getting letters from Mercers, even though I have been in correspondence with Barclaycard and they are so threatening that I was wound up as it was not my fault there had been a default. BTW my card ran out in 2008 and because they did not change my address I never got a new one and because I didnt want one I didnt query this.

So anyway, I sent the letter asking for a copy of my credit agreement and within 10 days they have sent me something titled 'Barclaycard Conditions, Credit Agreement' It is not specific to me as in it does not have my name on it or any signatures. It does say generally about interest rates, charges, repayments and how a credit limit is set etc, but it is not specific to me.

I guess this is the long way of me asking if what they sent me is legal?

Thanks in advance for your help.