| | #42 (permalink) |
| Classic Account Holder Give yourself a better chance with our claims guides and litigation kits Cagger since : Sep 2008
Posts: 1,987
![]() ![]() ![]() ![]() | Well, well, well, BC have now produced the original Morgan Stanley agreement from 2005! Part 1 Application form, Part 2 The Agreement, on the back. Signed and dated ! ![]() |
| | |
| | #43 (permalink) |
| Site Team I am in: Planet Thanet, Kent
Posts: 11,583
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | If you aren't entirely sure about it's enforceability, post the doc't so it can be checked. Read this first - http://www.consumeractiongroup.co.uk...greements.html
__________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales. |
| | |
| | #44 (permalink) |
| Classic Account Holder | Thanks Slick, exactly why I didn't bother posting it! It is definitely a 2-sided copy of the original. They have, however, copied both sides onto one page so is very small. I'll see if I can enlarge it first and then let you all rip it apart like a pack of mad dogs ![]() ![]() ![]() |
| | |
| | #46 (permalink) |
| Site Team Worried about your signature being copied onto CCAs etc? Use SignGuard Cagger since : Feb 2007 I am in: Planet Thanet, Kent
Posts: 11,583
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Hi AA, I can't read the doc't properly. Have you checked as per the "credit agreement" link I posted last time.
__________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales. |
| | |
| | #47 (permalink) |
| Classic Account Holder Worried about your signature being copied onto CCAs etc? Use SignGuard Cagger since : Sep 2008
Posts: 1,987
![]() ![]() ![]() ![]() | Slick, it is totally illegible, except the first page is Part 1 - Application Form and the second page is Part 2 - The Agreement. Date of signature is 19 Oct 2005 and was with Morgan Stanley. However, received this last week from Debt Managers Ltd. Home-made letterhead with 26 A4 printed off pages attached. 20 pages consist of their travel insurance policy ![]() ![]() |
| | |
| | #48 (permalink) |
| Site Team Give yourself a better chance with our claims guides and litigation kits Cagger since : Feb 2007 I am in: Planet Thanet, Kent
Posts: 11,583
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | So what was on the other 6 pages ? ![]()
__________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales. |
| | |
| | #49 (permalink) |
| Classic Account Holder | These are pages 1 and 2 constituting the contract and there's 4 pages of general T&C's numbered 1 to 20 The quality of copy is exactly as received The reference to the Credit Limit (A) will not be set below £15,000 is a bit strange Never been above £5,400 ![]() ![]() ![]() |
| | |
| | #50 (permalink) |
| Basic Account Holder Is your bank avoiding its debts Data disclosure poll Cagger since : Apr 2009 I am in: Dorset
Posts: 918
![]() ![]() | What is section D about?? |
| | |
| | #52 (permalink) |
| Site Team Worried about companies stealing your signature? Use our new digital signature service Cagger since : Feb 2007 I am in: Planet Thanet, Kent
Posts: 11,583
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
__________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales. |
| | |
| | #54 (permalink) |
| Site Team Free trial on our eBay auction sniper Cagger since : Feb 2007 I am in: Planet Thanet, Kent
Posts: 11,583
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
__________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales. |
| | |
| | #56 (permalink) |
| Site Team Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since : Feb 2007 I am in: Planet Thanet, Kent
Posts: 11,583
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | DOH !! What a donut !! Right, surely the answer is to write back saying they have failed to fulfill the requirements of Regulation 2, Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Accordingly, the a/c clearly remains in dispute and, if they make demands of you, they are in breach of the OFT Guidelines on debt collection . You'll report any such breach to the fos as a formal complaint.
__________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales. |
| | |
| | #57 (permalink) |
| Classic Account Holder Worried about companies stealing your signature? Use our new digital signature service Cagger since : Sep 2008
Posts: 1,987
![]() ![]() ![]() ![]() | Done that first on 14 Nov 08 Made Formal complaint on 6 Jan 09 Again on 12 March 09 Again on 2 Jun 09 Just had a quick flick through the file also and received threatening demands/Postcards/threat/threat/threat from the following ![]() 24 Oct Mercers 04 Nov Scotcall 10 Nov Mercers 05 Dec Mercers 08 Jan Calder Financial 05 Mar Barclaycard 23 Mar Mercers 27 Apr Barclaycard 04 May Debt Managers Ltd - URGENT FINAL DEMAND 14 May ditto - NOTICE OF LEGAL ACTION 26 May ditto - SETTLEMENT OPPORTUNITY 26 Jun 09 ditto - CCA sent ![]() This card not been used since Jun 08 and so far over £700 charges added ![]() Also, 39 calls from Mercers from 12 November 2008 - 06 Jan 2009 19 in December alone! Haven't done an update recently but there's plenty more ![]() Also, stressful visit to the doctor on 3 Feb 09 who has made a note of it ![]() OH and I have 2 other accounts with BC who have frozen interest and charges and are on a repayment plan. WHY not this one???!!!I really want to sue them ![]() |
| | |
| | #58 (permalink) |
| Site Team | Have you considered using the CPR strategy as a means of:- 1. Getting sight of the original credit agreement so it's enforceability can be properly considered. You can then seek an injunction to stop further collection on the a/c if the agreement is not valid. 2. Using the court action to also reclaim charges and interest at their Contractual Rate
__________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales. |
| | |
| | #59 (permalink) |
| Classic Account Holder Worried about companies stealing your signature? Use our new digital signature service Cagger since : Sep 2008
Posts: 1,987
![]() ![]() ![]() ![]() | Slick, I didn't bother with the CPR route because they have sent a copy of the original, haven't they post #45 ![]() |
| | |
| | #60 (permalink) |
| Site Team Free trial on our eBay auction sniper Cagger since : Feb 2007 I am in: Planet Thanet, Kent
Posts: 11,583
![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() | Hmmm, They've sent a copy but it's not legible and the a/c shouldn't be enforced in a court based on this doc't. But CPR may produce a legible doc't, or a ruling on the existing doc't.
__________________ Link 1. Reclaim charges guide - http://www.consumeractiongroup.co.uk...tructions.html Link 2. Get your Credit Agreement - http://www.consumeractiongroup.co.uk...uldnt-use.html Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/ Link 5. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html Link 6. Interest Tutorial - http://www.consumerforums.com/resour...erest-tutorial Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability. If I've been helpful, please click my scales. |
| | |
![]() |
| Thread Tools | |
| |
Similar Threads | ||||
| Thread | Thread Starter | The Consumer Forums | Replies | Last Post |
| AA99 v Barclaycard No1 a/c | AA99 | Barclaycard | 98 | 11th March 2010 13:11 |
| AA99 v Barclaycard no.3 | AA99 | Barclaycard | 28 | 14th January 2009 17:18 |
| diskmandave -vs- Robinson Way - **No2** **WON** | diskmandave | Debt Collection Industry | 40 | 28th October 2008 03:03 |
| son no2 v Halifax | elliejay39 | Halifax Bank and Bank of Scotland | 2 | 25th July 2007 13:36 |
| Won No1...now on to No2 | Stormbird | Abbey and Cahoot successes | 3 | 24th April 2007 23:18 |