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Cca Requests Updates Please
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My main defence is they are saying the terms and conditions etc are on the back and have photocopied them. How on earth do I know where they came from? I never saw the back of the form when I signed it and it has a different form number on it to the front of the form that was signed (btw this is my husband's card, as you know all my debts are clear). So in my Allocation Questionnare I have stated that the original needs to be produced to clarify matters.
Baat - have you actually got this far with any of yours?
:j :j
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fiveyearplan wrote: »My main defence is they are saying the terms and conditions etc are on the back and have photocopied them. How on earth do I know where they came from? I never saw the back of the form when I signed it and it has a different form number on it to the front of the form that was signed (btw this is my husband's card, as you know all my debts are clear). So in my Allocation Questionnare I have stated that the original needs to be produced to clarify matters.
Baat - have you actually got this far with any of yours?
No still compliling my first defence, assuming that my first defence isnt they have failed to comply with my CPR 18 request that is, so just at the begining, but if you read responce #70 at http://www.consumeractiongroup.co.uk/forum/legal-issues/152198-can-anyone-tell-me-4.html#post1664229
unless they can prove the terms and conditions where printed on the reverse they can not prove that claim and the only way to prove that is to produce the origanal signed document in its enirety, if they no longer have it or any other proof it existed how can they back up the claim?
Just claiming they where there is no goodThats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….
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Andy has also been helping me. I'll be posting my update on there shortly too.
:j :j
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fiveyearplan wrote: »Andy has also been helping me. I'll be posting my update on there shortly too.
The burdon of proof is on the claiment claiming something was so is not proof so his reply confiming so means its highly unlikely most agreemants would not be enforceable in court if the origanal or some record of it existance was required as they never thought of that when they computerised everything.
Storage costs a fortune and a lot of companys thought scaning everything was a good idea to save, but it seems they didnt think it through properly.
My only question is did they get an independant body to do it and log it in a way that can be used as evidence ( hence one of the questions in the CPR 18 request i believe), but i have to say i doubt it myself but we will have to seeThats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….
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aarghghghg ive just realised for all the cca requests i have done and never received any thus all the accounts are in dispute...i never once posted it recorded delivery - does this matter or should i start the process again when/if i get another letter off a catalogue and make sure i do it recorded...i do have letters off them confirming no signed credit agreement exists and i have kept all correspondence and proof that the £1 cheque was always paid towards the account...0
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Do you have proof they cashed the 1pound? If so, that is proof enough that they received. Was it a cheque or postal order?
:j :j
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Hi all I posted a CCA requested to Lloyds on the 11th August. I sent this recordred but so far it is not showing as been received nor has my chq been cashed. Now i know it is only the 17th so may take a few days still but when do i start counting my 12 +2. If I can not get proof from my recorded delivery (I have had this before with lloyds they did receive my letter but post office had no note of anyone signing the letter) do i wait till they cash my chq or just take it from the 11th.February 2013 NSD - 40
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...i do have letters off them confirming no signed credit agreement exists and i have kept all correspondence and proof that the £1 cheque was always paid towards the account...
That's good enough magoogy.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
The 12+2 is from the date you posted it.
:j :j
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Can we believe what we are reading ? Has BH had a change of heart , has BH decided to join the bandwagon ! Welcome aboard .Broken_hearted wrote: »Well just for fun I'm going to CCA Halifax, if nothing else it'll shut them up for a month.0
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