Somewhere in the T & C's they have the right to vary the conditions of the Agreement, so I don't think it is material that you have to sign the new agreement, (Pam please correct me here, you have the new look Agreement). i think it is accepted that you concur with the new Agreement unless you object, it is fait accompli.

BA I don't think the right to amend T&C applies to the entire agreement. The right of amendment only allows them to amend things like interest rates etc, It doesnt allow them to produce a completely new agreement and say it applies UNLESS we sign the new agreement.

My opinion is that by NOT signing it automatically shows we don't agree to it. fait accompli

Hi all

 

Have just had a lovely letter from CrapOne today informing me that they are increasing all their interest rates from June. (soooper!) Market forces and all that b*****ks!

 

But the interesting bit is that they have enclosed a sample 'new' version of my 'credit agreement' (standard T&C format) that will apparently apply to my account from June. This is in the format required by the 2006 amended CCA and looks pretty comprehensive.

 

But IMO my credit agreement is the one I signed when I took the card, approx 2001/2, which is quite likely to be in the form of one of those 'pseudo agreement' application jobs and most likely not containing any/all prescribed terms etc.

 

I'm really not sure that they're allowed to do this, but just in case I am firing off a DPA TODAY asking for all data including the agreement I signed!! I want the chance to challenge that document if applicable before they slip in a new one!! :eek:

 

Regards, Pam

Your correct Pam the 2006 ammendments are not retrospective and only apply to new agreements taken out after it becomes effective.

Tam,

 

You should check the small print. In mine, they stated that they could visit providing there was two weeks notice. That was back in 1991.

 

They visited anyway without notice and I have them under Article 8 of the Human Rights Act 1998 - a Right to Privacy.

 

You need to explore their rights to receive, store or process your information under the DPA 1998.

 

Tide

Without registration as a data controller they have no rights Tide and they have now been told that

Tam,

 

Have you looked into this indemnity charge, how it was presented (sold) and whether it applies(d) to you at the time it was sold?

 

You need more details of it, in particular look at mis-selling of insurance.

 

Tide

Tide this is an ERC

Hi tam

 

Is it Lowell by any chance? If so, they only employ phantom collectors to do their home visits - several people on Lowell's 'hit list' (myself included) have waited in for the promised collector but he hasn't materialised!

 

Phantom? materialised? Groan!!!:grin:

 

Regards, Pam

Sorry not Lowells

But an equally useless bunch of fools as the company is relying on it's parents registration with the ICO. Besides its arbitrary anyway as I am just about ready to drag Barclaycard kicking and screaming into court to get the matter resolved once and for all.

Ok just as a quick update.

I have received letters from a DCA acting for Barclaycard, which among other things have threatened to send a collector to my home which should be interesting as I already know he wont like what he hears.

In addition LTSB have failed again to respond to my letters and I have had nothing from them since late february.

I have therefore decided to move both of these forward in time. I was planning to get my case against Abbey resolved first to ease the pressure a little, but neither of these are moving anywhere at the moment. Looks like poor little Tam is going to be busy again lol.

MCOL have been filled in and just need the POC typing out now. IN addition to reclaiming any and all charges (plus reserving the right to claim charges beyond 6 years when data is available) I intend to push the no agreement side of things plus the sec 85.

Now one of 2 things can happen here. Thye will give in to the inevitable or they can try arguing it in court. If they go for the latter then we should have a definitive result very soon.

Comments as usual are appreciated.

OK this is TOTALLY off topic (but I can get away with it lol ) and purely hypothetical of course

The scenario is:

A solicitor files a defence on behalf of his clients and signs it for them.

The crux of the defence is that the UTCC and UCT do not apply as the charge does not indemnify any third party.

As part of their court bundle they intend to produce a witness statement showing it is an indemnity charge, I also have at least 2 letters clearly stating its an indemnity charge and indemnifies them against any loss to a third party.

Nowwwwww if they go to court using the indemnity to justify the charge then in theory the defence (which states it isnt an indemnity) is clearly out of order.

In my mind I think it shows the defence statement to be contempt of court, which of course carries a prison sentence.

The ultimate result in this scenario could be the defending solicitor serving time (which could of course get him barred from practice) and the defence being struck out of court.

Anybody got any other thoughts?

hi all ive had a similar expieriance with the abbey ,roughly like this..

took out 117k mortgage tied in for 6 years,after around 4 years needed remortgage for more cash ,still with abbey changed to no tie in type and upped it to around 145-150 k had to pay i think 4k penalty,havent got statement of redemption but remember being gutted at the time, can they still justify charging me as the money was allocated straight back plus more to my next mortgage with them?all advise greatly apprieciated jezzy

Jezzy,

I can fully appreciate how hard done by you feel but please hold fire at the moment. Hopefully I will have an answer in the next couple of months regarding ERC's.

Hi ZOOTSCOOT & PROGENIC7,

WELL AS NO ONE EVER ANSWERS MY QUESTIONS WHY ARE WE HERE,

THE MAIN POINT SHOULD BE AND WHICH THE COMPANIES ARE UNWILLING TO DO OR SAY IS WHAT THE ERC ARE FOR, IF IS A LOST OF PROFIT AS YOU SAY THEN IS IT LAWFUL, I AM AT A CASE SO FAR AND THE COMANPY DOES NOT WHAT TO ANSWER THAT QUESTION WHY????

THE OTHER QUESTION IS WHY IS IT ON A REDEMPTION STATEMENT AS ERC CHARGE AS ADDITIONAL INTEREST IS CHARGED IN ACCORDANCE WITH THE MORTGAGE TERMS

SO WHY THEN IS NO ONE ASKING WHAT THE ERC IS FOR IF YOU FIND OUT WHAT THAT IS THEN WE WILL BE ABLE TO DO SOME THING.

This question has been asked and continues to be asked. I am not saying much at this moment but we should have an answer by the end of June, all being well.

Plaque, Peter, plaque..this is the correct spelling.

 

It is the persona behind the pseudonym who is cerebral. You have not scored one over the witches.

Retire gracefully Peter, the Witches will always win lmao

Just browsing various threads today and came across 'Is Your Bank Taking Your Benefits?' as unfair charges.

 

Beyond the 6-year claim-back limit, Woolwich (prior to my current action against them), for many years left me penniless (and my wife) in their taking my Incapacity Benefit and Income Support as penalty charges.

 

What action (in the absence, now, of any records or Statements) can I take to determine those charges prior to 12 December 2000 and request also those illegal charges be ALSO refunded?

 

Advice would be appreciated.

I think the only way is an estimated claim and to come up with an excellelent reason why the statute of limitations shouldnt apply

Unless of course this was a mortgage where a 12 year rule applies instead of 6 years.

Thankyou un1!!

I happily stand corrected then.

And then Dave777 is reading this correctly.

I shall go and research penalties for a civil offence. (Hanging...? Death by electrocution...? .....Punishment by the CCA witches coven....?

 

This is not the thread to be on if you have a migraine un1 - it probably caused it in the first place!

 

I could come & soothe your brow;)

Birdie !!!!!!

Sorry tam, I think she's run off with Perseus! :o:D

Yep me too which shows what a fickle bird she is

Hi Un1boy you can now come out of the corner.I agree entirely with what your saying and I beleive the posts you are refering too were from yesterday.It is no good arguing between ourselves because it is getting us nowhere.Everybody is entitled to their own opinion and I beleive that these opinions should be respected.I also agree that what one person see's from one angle another will see it differently.Bearing in mind that this thread has being going for six months and the information and opinions I beleive has given us the "upper hand" and this is the way I personally would like it to stay.As this site is constantly monitored the last thing we need is the MIB seeing us dispute with one another.They know that their time is nearly up before their T&C are blown into orbit and I'm working on that at the moment.So Terminator is asking for one thing and thats "civility" and lets get on with what we've got to do.

 

I'll now get off my soapbox and go and bash some banks:D

I support Un1 and Term on this totally.

We do have a few 'heated' discussions at times but sometimes I think that can help the discussion progress, however I dotn agree with 'bashing' or flaming anyone because of their personal opinion, after all thats the onyl thing we have at the moment.

To answer another point, as soon as we get a conclusion to some of the cases currently being argued I will write up a synopsis and try and get it posted as a 'sticky'.

hold those horses - what's S85 got to do with a CCA request?

Absolutely nothing birdie, and that bottle of scotch is still waiting for you

hi tamadus,

what do you think we should do as regards the cheque, hold onto it until until all aspects are finalised or cash it asap?

id like to thank rhia, zubo and tamadus for all you help during this. your all stars and we are very greatful. doantion to this brilliant site to follow as soon as we can (provided the answer above is yes, we can cash it now, if not it might be a tad later, lol)

cheers for everything,

nick

I think I already answered this in my post above and in PM.

I agree with Rhea, today write to the CRA'S and include £2.00 for a copy of the report they hold on you to make sure the defaults have been removed from all of them.

Also write to MBNA telling them you will accept the cheque as part settlement and will contact the court when the remaining items on the claim have been checked. You should get the copies of the CRA report back within a week and if the default has been removed I would cancel the claim.

Sounds like they have settled in full to me Nick, Hope you still have that cheque for the balance

I'd now get a copy of my credit file to make sure they have cleane dit up fully and once your happy that the claim is fully settled notify the court.

No reason to continue the action unless there is some part of the claim that has not been satisfied.

Great result

psykix,

pmhcfc asked me to run over and take a look, your in very good hands with seahorse tbern and company. Its after 1 am again here and I have to be up at 6 but I'll take a closer look at the thread tomorrow and assist where I can.

One thing does worry me, have you told the court you can't attend this week? if nto then do so and ask for an adjournment, also send thsoe CCA letters and SAR letters immediately, you can then notify the court that your awaiting the information so you can compile a defence.

Sure thing Annalh anytime your want to

hmmm this is always a tricky question to answer.

Personally I would write to them accepting the part payment and reminding them that this does not satisfy all the conditions of your claim.

You could also try giving them a phone call which I did and I found it helped matters move along to the point they called me twice while I was in Hungary last year to make last minute negotiations for settlement.

Not sure which of their advocate team is handling your claim though. Mine was done by none other than Gareth Tunnicliffe and I found him very helpful, although others have not had the same response.

Annalh,

IMHO as Abbey were ordered to locate your ex then they should do it. I see no reason why you should be barred from persuing your claim if they (wityh their resources) cannot locate him. Although it may make it easier if you could contact him and get him to sign an agreement to the claim.

I think I would send the letter to the court.

Did you get my PM last week ?

Tam

Ok, can we all please get back to rhsymonds thread and try and post constuctive ideas to make sure his/her claim goes as smooth as possible.

First do you have a thread of your own Ry? it's much easier to target information if you do, than post it into a general thread like this one.

First step I would recommend is to send a CCA 77-79 request (make sure you enclose the statutory fee of £1.00) and send it recorded delivery.

The sit back and wait for the 12 wroking days + 1 calendar month and see what they send. They should send a 'true' copy of the credit agreement, a copy of any document mentioned in it like T&C and a signed statement of the account. Anything less and they go into default after 12 working days. If the month passes they commit an offence.

After that month I would write to them detailing the error of their ways

Errrrrrrrrr

for your info rhysymonds.....

If you look to the left of this post, you will see

• My name
  
• what type of account customer I am
  
• how many posts Ive made and 3 green blobs.

If you see more than say 10 posts, Its because I have contributed to a number of threads.

If you mouse over the green blobs, itll tell you how informative I am.

 

Now for instance, if we take dear old Tam's info (sorry to burst your bubble Tam but you are older than me!!)

We can see that HE is a site helper > which means hes been around a bit!

He has in excess of 1700 posts which means he talks a lot!

He also has 6 green blobs. That makes what he says very acurate!!

So, to recap, before you offer advice, just check who your giving it too.....

Its like teaching your granny to suck eggs!!!

Just a word of advice!!

And btw

Welcome to the forum!

Smoothy

Hmmmm you could be right as Methuselah's granddad was a drinking partner of mine.

Site helper just means that somebody was crazy enough to think I look good in pink

Lets get this right shall we, it means you lot can't shut me up

Nahh it just means you lot think it's accurate

Seriously though we have to remember reclaiming bank and credit card charges is relatively simple. The banks and CC companies don't ahve a leg to stand on and all their posturing and defending is only to put off the day they have to write that cheque. Plus they longer they make us wait the more likely we will forget about it, or decide it's too much trouble.

As soon as we step onto new ground then we have to be certain that we have the law on our side, otherwise they will defend and win, leaving us with a possible costs bill which is out of proportion to the claim. This is something that has already shown it's head in claims for ERC's. Hopefully though that is something that I can and will change in the next couple of months

I admit that I can and do make mistakes and I'm not afraid to admit it. If I everything about the law then I would be a barrister I don't think it's anything to do with teaching granny (or grandpa) to suck eggs. CAG is more about supporting each other through discussion, and where needed giving advice based on experience and what knowledge we have.

When I made my first claim way back in June 2006 I knew nothing at all about claiming charges, I like to think that several claims later I have learnt a lot and understood a little bit. If I can stop just 1 person rushing headlong into a fight they are destined to lose because they didnt wait to gather all the evidence they needed and turn that fight into something they can win then I have achieved my aims, and mhopefully nobody will blame me for taking a little bit of the credit for my own satisfaction.

Nick

 

Good. I can see you have done quite a lot already.

I'm about to die - downing beechams - going to bed with man-flu, but PM me AND Tam. Tam is a gent and my mentor.

The main message you have took on board is to get a solid case together and sounds like you are close...

 

Z

awww thanks Zubo

Now get to bed and keep that flu to yourself :o

I agree with Zubo, dont rush to get a judgement as they will then wake up and get it stayed. wait for the SAR and CCA requests to come back so you have ALL the information. then we can advise you a lot better.

Your welcome to PM me anytime.