Unenforceability & Template Letters II

libbyjade

Cheers NID, good timing for those links! :j

The top link refers to a cagger who's barclaycard debt had been written off without notifaction from them.
I've just ordered my credit file on equifax online tonight and note that a £3.5k barclaycard debt I had that had defaulted, was showing as settled and a zero balance!! :rotfl:

The debt was originally with Goldfish and meant to have been sold onto Apex so am I safe to assume it has been cleared now??
Would they be likely to wipe this out without challenge??

Here's hoping they were! 1 less to challenge!!

never-in-doubt wrote: »

Sorry but at the end of the day the OP took out a Morgan Stanley card and therefore they only need to produce a Morgan Stanley agreement....

Wasn't it:- Morgan Stanley -> Goldfish -> Barclaycard

see similar threads over on CAG - to see how to beat them!

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/168312-morgan-stanley-cca-received.html

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165349-smt37-morgan-stanley-goldfish.html

http://www.consumeractiongroup.co.uk/forum/barclaycard/210467-barclaycard-ex-morgan-stanley.html (ignore the CPR action that the site team states - not worth it right now)....

I_am_not_a_sheep

Hi, Sorry I didnt realise that everything was being posted on this thread, so I had started one of my own titled "sheep v lloyds"

I CCAed Lloyds earlier in Jan, and a few days ago I received what they are trying to say is my CCA.

I have scanned it all, and the scans run in number order, ie scan 1 and scan 2 are the header letter, which alone I thought made interesting reading!

Id be very interested in other people thoughts.

Many thanks in advance for help and advice

P.S. i am unable to post links as I am new, however you can look at the links on my other thread "sheep v lloyds" or seach my username over at photobucket

bankkiller

martinjohn wrote: »

I would argue that the sainsburys agreement is questionable, my argument would be that the signature comes BEFORE these apparent prescribed terms,
MY basic understanding of contract law is that a signature always goes at the END of a contract. To say that well you can have further pages seems insaine to me.
The heading for CCA 1974 comes twice within the agreement as well. So the document is arguably not one document. why have the CCA 1974 heading twice (i.e. again the middle of the second page? - was this just where its been photocopied?)
Apparently though the law did tighten this up back in 2004 to say that the prescibed terms need to come BEFORE the signature? and the agreement was in 2005? It also should have a heading "KEY FINANCIAL INFORMATION" before the prescribed terms?
Further this is an "application form", can this truely be an agreement?
Finally, there is SO much confusion with regards to all this CCAing, i dont think weve heard the last of it....

what template do they use then to send back to the DCA?
i think the DCA has just said, "here's the cca, now give us the payment!"

obviously, they won't pay!
which template is the one to use in response now that they've got the cca.

martinjohn

sheep vs lloyds what a great title! cant find your thread though
NID must of had a day off, maybe hes God?

tried searching for you... "Sorry - no matches. Please try some different terms."

martinjohn

ok im gonna reply cos im so MAD!!!

the banks think they can get away with this! and they cant! :eek:

basically the law is the law, i was lied to on opening an application for credit so i know how people feel, i was not told i was even opening a credit card!!

anyway, my point is, well thats about it, i got a credit card, i never asked for it!
they are liars and cheats... what should i do? has anyone else had this?

No agreement = no debt.

to say a debt is a debt is nonsense and THAT is why

Money_mark

Hi all,

Following on from my missing debts last week, I have ben doing some investigations….

Despite trust online not showing up my CCJ it still exists. I spoke to my payroll (as £200 per month comes directly out of my payslip) and they informed me that it is with the local court and has £3800 left to pay. So….I will continue paying.


I'm still a bit confused as to why it doesn't show on experian or the trust online? I'm not going to complain about it too much though, as my main focus is to be able to get a mortgage. My experian score is improving (I have moved from poor to fair) and I hope it will shoot up more as my creditbuilder loan has begun (if that even works??).

I'm now considering getting a high APR credit card to spend on and pay off monthly so I can build my score a bit more. I know people say that your credit score means nothing, but banks do refer to experian, so it must have some weight. Is there anything else I should be doing to help myself out?

martinjohn

see below...

martinjohn

they are liars, my main focus is getting justice?
why is no one saying that?
i know my agreement was WRONG. Are they enforceable or not, that is the question?

the discussion of the thread is about the lies the bank have made
im sure other people will agree that the banks have given them credit without an agreement to sign?
maybe your greviance is with the CRA, BUT if the banks have been saying your credit is XYZ and reporting it as such then they are lliable for their wrongly reported facts to the CRA

Has anyone else had a natwest agreement that has been wrongfully asigned as being a credit agreement wheni have not agreeed 2? I opeended a student account with them.

anyone got CCJs against them?

Sheena82_2

Hi NID thought you might be able to help me I sent off the letter to MBNA the last letter and I also sent a copy to my debt managment company cccs who have refused to stop payments can they do that ??? after all it is my plan.

Also I have heard back from a letter I sent to argos then can not provid me with a agreement but still want payment what letter will I send to them.

Thanks

martinjohn

DMP? isnt a IVA better? confused? espeically when people tell u that u can have debt might not be enforceable from the boards? ;( but anayway



what do u mean stop payments>?