shas v A&L and the world

[shas]

Re: shas v A&L and the world

Hi Tools,

Yes I have already SAR'd Marlins.... shall I email the other letter & request delivery & read receipts?
Or should I send to Mortimer Clarke? as my case is with them at the moment.......apparently...
------------------------------- merged -------------------------------

Also have a read here shas >> Yorkshire Bank v Tools

Thanks!
I've taken a look....most of it has gone over my head! I will keep looking at it though!

[shas]

Re: shas v A&L and the world

I have emailed to both Marlins & Mortimer Clarke

Should an ambush of abuse be expected?..........

[Happyolddog]

Re: shas v A&L and the world

I have emailed to both Marlins & Mortimer Clarke

Should an ambush of abuse be expected?..........

I doubt there will be any abuse, more a squirming of slimy creepy debt collectors, trying to find a way out of paying you back your money.

[Tools]

Re: shas v A&L and the world

Abuse would only strengthen your case so dont worry.

[shas]

Re: shas v A&L and the world

Im not worrying....just smiling at it all.

[shas]

Re: shas v A&L and the world

Hi all

I have today received a huge binder from Nationwide.... my sar info!

I can see why curlyben told me not to speak to them... there was a time when I was going to try & get an iva & theyve noted it & said that they were going to recover as much as they could before I applied for 1! Lovely understanding people!

Now then.... I am able to highlight charges... is there anything else I should be looking out for?
@ Curlyben... there's a copy of a signed agreement for the credit card which is now charged to my house.... would you like this mailing to you?

All advice & tips for this would be truly welcome as there are 8 accounts to go through in this binder ...........

[Curlyben]

Re: shas v A&L and the world

Yes please

[shas]

Re: shas v A&L and the world

Ok.... will do that shortly!

Just a few weird bits that stick out as I peruse these statements......

On 31.10.07 I have a refund of interest of £1070.48 CR
&... Charge off account £7993.92 CR
Leaving me with a nil balance....

THEN... there are no statements until February 2008 & the feb one shows a b/f balance of £9064.40??? (theyve written the balance off, then put it back on but the statements showing it are missing)


Then.....for 4 months of this year, they aren't showing the payment that my dmc sends them each month....... I have definately paid my dmc.

[Curlyben]

Re: shas v A&L and the world

Errr I thought you where going to send me a CREDIT AGREEMENT !!!

That is laughable in the extreme.

The ONLY thing they have included, other than your personal info, is the Right To Cancel statement !!!
Not even a statement saying it's an agreement governed by the Consumer Credit Act 1974.
That's the WORST application I have ever seen.

[shas]

Re: shas v A&L and the world

Can you clarify what you mean please? lol


There is an online application form included in the file & that is the cca that they sent out to me..........


Are you telling me that there is something more exciting with this account than the £96 in charges I've incurred on it over 8 years..................
------------------------------- merged -------------------------------

Errr I thought you where going to send me a CREDIT AGREEMENT !!!

That is laughable in the extreme.

The ONLY thing they have included, other than your personal info, is the Right To Cancel statement !!!
Not even a statement saying it's an agreement governed by the Consumer Credit Act 1974.
That's the WORST application I have ever seen.

So the part where it says 'credit agreement regulated by the cca 1974'... is rubbish??????/ What do you suggest I do?

[Curlyben]

Re: shas v A&L and the world

Should be headed with that as well !!

It's missing ALL of the prescribed terms and as such is TOTALLY unenforceable.
Even if the terms are in the referenced T&C's this still falls over as they MUST be included in the signature document as per SI 1983/1553

This is taken from another thread;

Under SI 1983/1553 the prescribed terms MUST be within the signature document to be valid, having them on a seperate sheet headed T&C or similar ISN'T acceptable.

SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms MUST be within the signature document. (Column 2 schedule 6)

This applies to all agreements pre May 2005.
So basically this is unenforceable, under 127(3).

Just to add to my comments re terms witin signature doc.
This was covered off in Wilson and another v Hurstanger Ltd [2007] EWCA Civ 299

Schedule 1 to the 1983 Regulations sets out the "information to be contained in documents embodying regulated consumer credit agreements". Some of this information mirrors the terms prescribed by Sch 6, but some does not. Contrasting the provisions of the two schedules the Judge said

33 In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties (with the benefit of legal advice if necessary) and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s 61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated.
As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement. More detailed requirements, which are designed to ensure that the debtor is made aware, so far as possible, of specified information (including information contained in the minimum terms) are to be found in Schedule 1.

[Sapphire]

Re: shas v A&L and the world

Most interesting Sherlock :grin:

[shas]

Re: shas v A&L and the world

Nice work CB

How would you suggest I proceed with this?.............

I am happy to go for their jugular



so.........thats the egg loan & this thats unenforceable so far! ;D

[shas]

Re: shas v A&L and the world

Just to let you know that there is also a current account with nationwide... I have totted up the uq's as they call them (pre notified charges) & they add up to over £7.5k approx. So thats another issue with them.... :-/

[shas]

Re: shas v A&L and the world

So... is there anything I should do tonight regarding this?