Cap1 & CCA return

[tamadus]

I was shocked that it was processed with no date, transferring a signature over on a computer would be easy. But not a date as the date would also need to be written by the same person.

 

I see what you are saying with Manuel re dating but not clip and paste. As They have no dates from me that they could use.

 

BL:)

 

nobody even looks closely at the handwritting of a date, but they do look closely at a signature. I am not even sure that adding a date at a later time would be classed as an offence. If an accusation of forgery was brought then they would have to produce the original paperwork. If that is computer generated and printed then no court will accept it when we all sign it manually. Copy/Paste will not produce a manual signature in real ink, it's only good for printing.

 

I use a pen to sign paperwork, if my signature is printed as opposed to using ballpoint ink then I don't think its anything but a copy, and in court they wont be interested in a copy.

[breadline]

nobody even looks closely at the handwritting of a date, but they do look closely at a signature. I am not even sure that adding a date at a later time would be classed as an offence. If an accusation of forgery was brought then they would have to produce the original paperwork. If that is computer generated and printed then no court will accept it when we all sign it manually. Copy/Paste will not produce a manual signature in real ink, it's only good for printing.

 

I use a pen to sign paperwork, if my signature is printed as opposed to using ballpoint ink then I don't think its anything but a copy, and in court they wont be interested in a copy.

 

 

Thanks

Some how I don't think this one will be going to court:D

[tamadus]

Thanks

Some how I don't think this one will be going to court:D

 

far better to settle out of court if possible. I wonder if Barclaycard will actually show up to defend my claim against them for not supplying the agreement under my s77/78 request

[Number6]

far better to settle out of court if possible. I wonder if Barclaycard will actually show up to defend my claim against them for not supplying the agreement under my s77/78 request

 

Ooh! Have you put an N1 together then?

 

Can I see it?

 

Pete

[tamadus]

Ooh! Have you put an N1 together then?

 

Can I see it?

 

Pete

 

I'm hoping and planning to catch up on everything this week Pete, I'll let you see it as soon as it's ready

[tamadus]

Ooh! Have you put an N1 together then?

 

Can I see it?

 

Pete

 

I'm hoping and planning to catch up on everything this week Pete, I'll let you see it as soon as it's ready

[tamadus]

Ooh! Have you put an N1 together then?

 

Can I see it?

 

Pete

 

I'm hoping and planning to catch up on everything this week Pete, I'll let you see it as soon as it's ready

[Number6]

I'm hoping and planning to catch up on everything this week Pete, I'll let you see it as soon as it's ready

 

Are you offering to show it to me three times?

 

Pete

[tamadus]

It triple posted lmao I must find a way of deleting a post

[Number6]

I must find a way of deleting a post

 

Not even us pinkies can do that. You have to PM a mod.

 

Pete

[Number6]

Oooh! Tam - only six more posts before you become platinum!!!

 

Pete

[tamadus]

5 now lmao

[meagain]

int main () {
   postcount++;
   return postcount;
}

 

I thought you'd be above that ...

[tamadus]

int main () {
   postcount++;
   return postcount;
}

 

I thought you'd be above that ...

 

LMO It was an accident .. honest lol

[Number6]

Could this be the first line of defence??

 

One of my defaulted CC's is MBNA, I owe them quite a lot of money.

 

They were chasing me hard until I sent my first CCA S78 request nearly two months ago; they then went strangely quiet.

 

No agreement ever materialised so at the end of the 12WD + 1 month I wrote to them saying no agreement = no debt so sod off.

 

Today I got this:

 

MBNA Europe Bank Limited

Customer Assistance Department

P0 Box 30

Chester

CH4 9FD

 

Credit Cards and Bank Loans - MBNA Europe

 

Mr Number6

 

9 November 2006

 

Dear Mr Number6

 

Account ****************

 

You could reduce your debt by up to 40%, a saving of

£x,xxx.xx

 

Call us on **** ******* by Tuesday 21 November 2006

 

It’s your call. Take advantage of this very special offer!

 

Due to MBNA’s regulatory requirements we will be forced to register a Default at the Credit Reference Agency on your account in the near future if a payment arrangement is not agreed. We would like to avoid these actions and provide you with an opportunity to reduce your debt and begin rebuilding a good credit history. If you would like to discuss settling the account for a reduced amount based on your circumstances, possibly through the use of savings, alternative financing or the help of a family member we will be happy to discuss this option with you. This will allow you to relieve yourself of responsibility for repaying the remaining debt and represents significant savings to you.

 

If you would like to discuss other alternatives please contact us on **** *******. Our specialists are available Monday to Thursday 8am to 9pm, Friday 8am to 6pm and Saturday 8am to 12pm.

 

Yours sincerely

 

**************

 

Head of Collections

 

So what do you think of that?

 

The paragraph I highlighted in red confuses me.

 

I will phone them to see what they say but does anyone have any comments first?

 

Pete

[debt_mountain]

the debt is unenforceable so why would you want to contact them? Be very careful what you say or agree to if you do phone them, I am not sure what you could incriminate yourself with.

 

Has anyone had an unenforceable debt reenforced by a court? would the DCA or finance house get in deep doo doo with the judge and other regulatory bodies for not complying with the CCA?

 

I would personnaly let them take me to court to have it enforced by a judge and also reveal what they actually paid for it. Bet its still way more than they offered it to you at.

[mcuth]

Pete - not only is it unenforceable due to non-compliance with the s77/78 request, but I'd suggest that the paragraph you highlighted breaks the OFT's "Code of Guidance" (see here) when it refers to borrowing money, and getting help from family members.

 

Cheers

 

Michael

[mcuth]

BTW, I got a cracking reply to a s77/78 request today from Robinson, Way & Co Ltd, collecting on behalf of Grattan:

 

Further to your request for a copy statement/agreement for your account. Our client confirms that all relevant information has previously been sent ot you, and that the balance outstanding as stated above is correct.

 

The account is now long overdue for payment and we look forward to receiving payment in full, or your payment proposals, by return.

 

ROTFLMFAOPMP - smacks of "we can't supply the agreement, so we're going to cling to a straw that infers we can get away with it"

 

Cheers

 

Michael

[Number6]

Pete - not only is it unenforceable due to non-compliance with the s77/78 request, but I'd suggest that the paragraph you highlighted breaks the OFT's "Code of Guidance" (see here) when it refers to borrowing money, and getting help from family members.

 

Cheers

 

Michael

 

Yes, I picked up on that too. I thought of contacting them a) out of pure curiosity to see what they'd say (though I am mindful of your comments debt mountain) and b) to get them to explain the breach of OFT guidelines.

 

Pete

[Number6]

BTW, I got a cracking reply to a s77/78 request today from Robinson, Way & Co Ltd, collecting on behalf of Grattan:

 

 

 

ROTFLMFAOPMP - smacks of "we can't supply the agreement, so we're going to cling to a straw that infers we can get away with it"

 

Cheers

 

Michael

 

PMSL

 

"There is no agreement but we'd like you to give us a voluntary contribution please!!"

 

Brilliant!

 

Pete

[mcuth]

Yes, I picked up on that too. I thought of contacting them a) out of pure curiosity to see what they'd say (though I am mindful of your comments debt mountain) and b) to get them to explain the breach of OFT guidelines.

 

I wouldn't bother mate - just send it straight to Trading Standards now. The beauty is, you've got that breach of OFT guidelines in writing - how nice is that?

 

Cheers

 

Michael

[mcuth]

PMSL

 

"There is no agreement but we'd like you to give us a voluntary contribution please!!"

 

Brilliant!

 

Isn't it good?

They're the only company to actually reply thus far (apart from "we've received your request & ordered the copies") and I just love the humour (intentional or not!)

 

Cheers

 

Michael

[Guest The Terminator]

Yes, I picked up on that too. I thought of contacting them a) out of pure curiosity to see what they'd say (though I am mindful of your comments debt mountain) and b) to get them to explain the breach of OFT guidelines.

 

Pete

It's amazing that I got the same letter yesterday.They rung me yesterday afternoon and I told them to sod off because the debt is unenforceable.There is a breach of the OFT guidelines and I intend to send a copy of the letter to the OFT.It's obvious to me that the banks and CCP's are now getting desperate.

[Number6]

It's amazing that I got the same letter yesterday.They rung me yesterday afternoon and I told them to sod off because the debt is unenforceable.There is a breach of the OFT guidelines and I intend to send a copy of the letter to the OFT.It's obvious to me that the banks and CCP's are now getting desperate.

 

Was the body of your letter identical?

 

I wonder if anyone that hasn't made a S78 request is getting these letters or whether it's purely a response to those requests?

 

Does smack of desperation doesn't it?

 

Pete

[Guest The Terminator]

BBC NEWS | Business | First Direct to end free banking

 

This is desperation as well.