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Old 30-05-2009, 02:51 AM
Redfish Redfish is offline
Join Date: May 2009
Posts: 31
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Talking Hi there

So pleased to find where The Terminator and Tamadus are hanging out these days! I was dead impressed when I came upon your thread in CAG where you both discovered all the stuff about dodgy credit card agreements etc. Got through 60 pages of your 170 page thread in 2 days! Felt by then I'd got to grips with it, so jumped to the present day and was deeply disappointed you guys were no where about!

I have overwhelming debts with Abbey & Virgin (MBNA), Barclaycard, Egg ... my husband was made unemployed because of the credit crunch and it looks like I'll be laid off in a week or two. Once that happens it will be a matter of days before we have to declare bankruptcy or something. But if that happens it will mean I will never be able to work again as my job relies on me being able to show I am clean on the credit reference front. So I was relieved to find your 170 page thread on unenforceable agreements, with all that knowledge, fighting grit and hope!

I have read around a lot now, and on the one side it looks like there is a lot in law that supports us stopping paying when there is a lack of an enforceable agreement. But from what I read it looks like the lenders put defaults on our credit file anyway - even though by law it looks like they should not be able to? Am I right? or was that to do with the bit about committing a ******** offence which has now been changed?? Do we have to go to court to challenge the defaults put on our credit reference files?

Also, I just noticed that there are test cases going on how the courts want to deal with all the other cases on unenforceable agreements, because there are so many of them. Does that mean we can't go to court to remove the default on our credit file (which I am anticipating the lenders will put on record the minute they see the CCA request)? Or are these test cases going through good for us?

We have just sent off SARs for three of our cards and then by separate post we'll be sending the CCAs off - do you think that's a good course of action? We're also going to be opening different bank accounts that with banks unrelated to any of the cards/loans we'll be CCA'ing, we don't want them to do nasty things to freeze us up. And we reckon that once anyone tries to put a default on our files we won't be able to open another bank account ever again (well at least for 6 years!)

By the way, did either of you (or anyone else on the team) ever get stuff through on s85? The failure to provide a copy of the original agreement with each issue of a replacement credit card? I don't hear a lot about that in later posts...

Hoping to get help from you guys, cos I know you are awesome!
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Old 30-05-2009, 07:04 AM
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Jster$$$ Jster$$$ is offline
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Join Date: Jul 2007
Posts: 1,165
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Hi redfish

Welcome to CCS, glad you found us

You could start off by starting a thread for each of your potential claims and we can go from there.

Which SAR did you send, we have an all singing and dancing one in the library, by sending this one you should get any and all info on you including your agreement

Anyway get those threads started with a brief history ie any charges, unwanted ppi etc and we can go from there.

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Old 30-05-2009, 10:20 PM
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Tamadus Tamadus is offline
Join Date: May 2007
Location: My house
Posts: 4,091
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Hiya Redfish, nice to see you found us at long last,

I'm afraid a few of us had a falling out with the administrative side over the road, so next best thing was establish a new site.

Far too many questions in your post for the welcome thread, but trying to answer them very briefly.

The creditors invariably issue default notices once they realise we are challenging the legal validity of an agreement, this usually results in a marker on the Credit file. We do of course insist this be corrected before any settlement is agree, alternatively we make it part of any court claim.

Be prepared to write a lot of letters, as they will also break every rule on debt collection and pass the accoutn to every DCA they can in a vain attempt to get you to make payments. Unfortunately there is no quick fix, it's a long and arduous path but we are getting some great results. I know of one win a couple of weeks ago where at the 11th hour (3 days before the trial hearing) the lender withdrew the court claim in full. That case alone had a face value of 15,000.

Forget the test case fiasco, its only a limited event and the press have blown it out of proportion, the rules are already well established over sec 127 and the Judge in Chester has referred a case for verification and guidance only.

The SAR followed by an section 77/78 request is how I always start and it works nicely, so full marks for that.

Forget sec 85, courts are and have accepted that the credit card mailer does constitute a copy of an agreement.
Advice & opinions of Tamadus and the Consumer Credit Support Group are offered from personal experience only. They are offered informally, without prejudice & without liability. Use your own judgment. It is suggested you seek advice from a qualified, insured professional at all times

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