no agreement = no debt

This site isn't about morals - it's about what lawful and unlawful.

Based on the possible success of upcoming litigation, it may be possible to bring a group action. If you are interested, please pm me. (This has been going on for yonks - some of you have already contacted me, and I have kept details, but if you can't remember, please feel free to contact again)

This is exactly the same as mine. Consumer Law Barrister, him say "no 'tis not an executed agreement"! thus legal aid awarded to litigate against them.

Bump

I'm battling with Sainsbury's Bank - sent a S78 in March - have received 2 application forms and they have now written to me saying they cannot locate a copy of the original agreement and quote from letter.... "I confirm that the bank is not legally obliged these documents since your account is more than 6 years old" I have now asked them to point me to the law which states this - but they have been unable to do so! Any comments on their "legal obligations" gratefully received!

when did you first contact your local TS Moonhawk?

Thanks Elsinore & Phantom - this is looking good! Have you got any correspondence from TS? - I've been asked to put in any relevant correspondence with complaint.

Thanks guys - Moonhawk - interesting stuff - & as it's Chester TS I'm complaining about - as opposed to MBNA - I think this should be included. Can you post up some more details? Conar - sorry, didn't realise you were also going down this route - we'll liaise in a few days time to discuss responses? Davey - just about to PM you

Thanks Perseus I'll do that. davey77 - is it ok if I use your quote in the complaint? - or even better can you scan & post the letter or if not, PM me and we can sort out how to get a copy? Thanks.

It really depends on the T & C's in the policy, Worried. They vary so much - a few years ago my Mum had a fall in Cyprus & broke her knee - my Dad was with her but their insurance still paid out for me to travel there & back & the cost of the hotel for the week. We made sure that the Doctor treating her in Cyprus wrote a letter stating that it was vital I was there. On the other hand, last year I had to get hospital treatment in Canada - my insurance stumped up for everything - apart from the parking costs at the hospital which were about C$20 - so you really have to read the small print and be sure of your facts.

Keep smiling Angry Cat, we'll get them in the end!

I know him well!! Any chance of you scanning & posting a copy of the letter SS? - This is absolutely stereotypical evidence of Chester TS that we will need to put in a strong complaint. Any probs with scanning & posting, just PM me and we'll work something out. Thanks!

I am in the process of putting together a formal complaint about the way Chester Trading Standards fail to act on our behalf regarding MBNA complaints. If anyone has had any dealings with EITHER their local Trading Standards or Chester Trading Standards re MBNA that they are not satisfied with, could you either post on this thread or PM me. Thanks!!

Have to get bundle in this week - court have told me business as usual. I'm using the spreadsheet that automatically updates daily with 8% statutory interest - how do I now add my court fees into this without it adding the 8% to the fees?

put very succinctly, missy - particularly like item #6! Either do it, or sign off, what's the point of being here otherwise?

No the 8 weeks is not legal, it's what the Banking code et al say, but there's no legality to it. Absolutely - put your MCOL or N1 in after the 14 days - the time-scales that are in the template letters are obviouly the ones to follow - otherwise there would be different time-scales in them! Good luck tanglewood!

The account should have gone "into dispute" when you sent CCA. Check your time-scales - 12 working days (+2 for posting) + one further calendar month. Sweat out the rest of the time if you can - why alert them? - let them hang themselves

Well, it's up to you what to do - but as you've registered on this site - I'm assuming you want to go down a tried & tested route, wth all the docmentary and moral support that a site like this can give, and claim back what is rightfully yours. Again, I urge you to read around the site - all instructions are given in the right order, from the preliminary letter to the documentation you may need to complete if you pursue though the courts. So there should be rarely be a case of "I don't know what to do next" or "I don't know what to put in my letter in response" because IT'S ALL HERE!! Even the spreadsheets do all the calulations for you, and you can even ask for a "court buddy" if by some remote chance you do land up in court. Please read through everything, it will save you a lot of time waiting for people to answer your queries - and some won't reply to you because you are asking questions that are answered on the site, or making comments which point to the fact that you haven't read up on this properly.

you will have to pay that if you want copies of your statements, but a full SAR should reveal exactly the details you want. Under the DPA, yes it's £10 - but a SAR doesn't necessarilly mean you will get statements, - you will get the information, but it may not be in statement form. I really don't know about the mortgage charges - worth a search for "mortgage penalties" or similar.

no you are not being cynical at all! Bet there are more incomplete than complete responses to SARS. I hate to see posters saying they are going to complain here, there & everywhere because all they've got is a schedule, and no statements. It seems to be taken as read that when you send a SAR you get statements, and I'm not sure where the myth started! It was your OP that alerted me when you said you had requested your mortgage statements and they wanted to charge you £15 per copy. Which of course, they're quite entitled to do if that's the charge in their T & C's.

Just bear in mind that there is no obligation for them to send you statements. They are obliged under a SAR to send you details of your charges & transactions, but this can be in the form of a list, or a schedule or similar. Some banks do send statements, but this is purely because they choose to do so. If you read the SAR letter, this is exactly what it says.

Sticky: Lloyds victory in Birmingham - in perspective (1 2)

trust you to notice that!! did you see about my egg card?

Ha, ha Corn - I've just gone back and read your opening post on this thread - bet you would now like to eat the words of your first sentence!